Providing high-deductible coverage in order to pass discrimination tes

[Guest kredlin]

If a self-insured health plan fails the discrimination test of 105(h), can the plan simply add a provision that automatically provides "catastrophic" health coverage to all individuals who do not elect other coverage under the plan? The catastrophic coverage will have a very high deductible, in the range of $15,000, and is only available if an employee does not elect other coverage under the plan? This seems like a shady way around the discrimination rule, but I can't find anything prohibiting it.