An individual or group health benefit plan is a small employer health benefit plan subject to Subchapters C-H if it provides health care benefits covering two or more employees of a small employer and:
(1) the employer pays a portion of the premium or benefits;
(2) the employer or a covered individual treats the health benefit plan as part of a plan or program for purposes of Section 106 or 162, Internal Revenue Code of 1986 (26 U.S.C. § 106 or 162); or
(3) the health benefit plan is an employee welfare benefit plan under 29 C.F.R. § 2510.3-1(j).