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Employers in California with 2 to 50 full-time employees are subject to special health insurance rules. Generally, federal and California laws do not require an employer of any size to offer health insurance to its employees. However, if coverage is offered at all, it must be offered to all full-time employees, and may optionally be extended to all part-time employees (those normally working between 20 and 29 hours per week).

California law is designed to encourage all small employers to obtain group medical coverage, even if the employer employs relatively heavy users of health care services. The insurance carrier cannot deny a small employer coverage if all of its employees who do not have other coverage are included. And although a carrier may impose whatever premium it chooses on its small employer clients, the carrier has a very limited ability to charge higher premiums to particular employers (such as those that are heavy users of health care services). The carrier must set a standard premium rate, and then may charge an employer 10% more or less than the standard premium, generally depending on that employer’s usage experience.

Small groups are generally subject to almost all of the ERISA, COBRA and HIPAA regulatory requirements, the most significant exceptions being that, generally, groups under 20 are not subject to federal COBRA rules and groups under 100 are not subject to Form 5500 filing requirements.

 
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