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Our office consists of 1 owner and 4 full time employees. 2 of us have coverage through our spouse’s union. Are the remaining 2 the only ones that have to be offered coverage?
The Affordable Care Act, does not require small employers to offer health care coverage. If the small employer chooses to offer coverage, in order to be eligible for SHOP the employer has to elect to offer, at a minimum, all full-time employees coverage in a Covered California Health Insurance Plan through the SHOP and meet a minimum employee participation rate of 70%. The employees who are covered through their spouse’s union would be counted as valid waivers.
See pages 4-5 in the Eligibility and Enrollment for the Small Business Health Options Program participant guide for the eligibility requirements for SHOP.
There may be a more recent answer to this question. Contact Claremont for an update.