NADP Tracks State Small Employer Definitions

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October 2015

NADP Tracks State Small Employer Definitions

NADP members and staff are tracking state decisions to define “small employer” in the Dental Interact (DI) Health Care Reform Open Forum. The following is a summary of that tracking, and more notes with links to background documents is also saved in the ACA Regulations & Guidance Grid, which is available online here [member login required].

State	Small Employer Definition	Option to refile?
Arizona	1-50
Arkansas	1-50
California	1-100
Connecticut	1-50	Yes
Delaware	1-50
Florida	1-50
Idaho	1-50
Illinois	1-50	Yes
Iowa	1-50
Kansas	1-50
Louisiana	1-50
Maine	1-50
Maryland	1-50
Massachusetts	1-50
Michigan	1-50
Minnesota	1-50	Yes
Nevada	1-50	Yes
New Hampshire	1-50
New Mexico	1-50
New York	1-100
Ohio	1-50	Yes, for Q2
Oklahoma	1-50	Yes
Washington	1-50	Yes
West Virginia	1-50	Yes
Wisconsin	1-50	Likely, for Q2 rates

On October 8, President Obama signed legislation that amends the Affordable Care Act (ACA) to remove a requirement that all states define “small employer” as those employers with 1-100 employees as of January 1, 2016. H.R. 1624 or the “Protecting Affordable Coverage for Employees Act” (PACE) defines “small employer” under the ACA as those employers with from 1 to 50 employees. States have the option to increase the definition to 100 employees.

States that elect to extend the small employer definition to up to 100 employees are directed to notify CMS of their election by October 30. More information for states is provided in an online FAQ document from CMS.