The Federal expansion of small group has been repealed. This allows the States to continue to define the size of small group for health insurance purposes. Therefore, we must now wait for each State to announce how they will proceed.
Current state laws are as follows:
- New York: The state law has already been updated to expand the definition of small group. Therefore, NY is expected to move forward with adding the 51-100 employers to the small group market effective for plan years starting on or after January 1, 2016.
- New Jersey: The state law has NOT been updated to expand the definition of small group. Therefore, it is likely that NJ will continue to define small group employers as 2-50 eligible employees.