Small Employer Definition Revised

On April 6, 2018, Gov. Northam signed SB 672 into law, which revises the definition of small employer for health insurance purposes. The term “small employer” continues to refer to an employer located in the Commonwealth that employed an average of at least one but not more than 50 eligible individuals on business days during the preceding calendar year and who employs at least one eligible individual on the date a policy becomes effective. The new law provides that the term “small employer” includes a self-employed person. An individual who is the sole shareholder of a corporation or sole member of a limited liability company, or an immediate family member of such sole shareholder or member, qualifies as an employee of the corporation or limited liability company if he performed any service for remuneration under a contract of hire for the corporation or limited liability company. Thus, a sole proprietor or other self-employed person – or their family member – may now qualify for a small employer plan.

SB 672 »