The commissioner of insurance shall adopt rules that allow for the creation of association health plans that are consistent with the United States department of labor’s regulations in 29 C.F.R. pt. 2510 . A multiple employer welfare arrangement that is recognized as tax-exempt under Internal Revenue Code section 501(c)(9) and that is registered with the commissioner prior to January 1, 2018, shall not be considered an association health plan unless the multiple employer welfare arrangement affirmatively elects to be treated as an association health plan.