(a) Any small employer as defined in subsection (4) of Kan. Stat. Ann. § 40-2209d, and amendments thereto, may establish a small employer health benefit plan for the purpose of providing a health benefit plan as described in subsection (u) of Kan. Stat. Ann. § 40-2209d, and amendments thereto, covering such employers’ eligible employees and such employees’ family members. If an association or trust is used for such purposes, the association or trust may not condition eligibility or membership on the health status of members or employees.

(b) The commissioner shall provide assistance to employers desiring to organize and maintain any such benefit plan and may aid in the acquisition of the health care insurance by the small employer health benefit plan.