How does ACA/Obamacare Health Reform Define an eligible employee?

California Law under ACA/Health Care Reform says:

 

“Eligible employee” means

either of the following: §10753 Non Grandfathered Plans  (f) 

(1) Any permanent employee who is actively engaged

“Actively at Work” or “Not Disabled” CA DOI Bulletin 94-9A

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See our webpage on AB 5 on 1099 employees

on a full-time basis in the conduct of the business of the small employer with a normal workweek of an average of 30 hours per week over the course of a month, in the small employer’s regular place of business, who has met any statutorily authorized applicable waiting period requirements.

The term includes sole proprietors or partners of a partnership,

[But it doesn’t allow them to be a 1 employee – employer group.  They need an individual plan

See last line of Employer definition 10753 q 1 – only to extent required by PPACA ]

if they are actively  engaged on a full-time basis in the small employer’s business, and they are included as employees under a health benefit plan of a small employer, but does not include employees who work on a part-time, temporary, or substitute basis.

AB 5 – 1099 – Independent Contractor or employee?

It includes any eligible employee, as defined in this paragraph, who obtains coverage through a guaranteed association. Employees of employers purchasing through a guaranteed association shall be deemed to be eligible employees if they would otherwise meet the definition except for the number of persons employed by the employer.

A permanent employee who works at least

20 hours but not more than 29 hours

is deemed to be an eligible employee if all four of the following apply:

(A) The employee otherwise meets the definition of an eligible employee except for the number of hours worked.

(B) The employer offers the employee health coverage under a health benefit plan.

(C) All similarly situated individuals are offered coverage under the health benefit plan.

(D) The employee must have worked at least 20 hours per normal workweek for at least 50 percent of the weeks in the previous calendar quarter.

The insurer may request any necessary information to document the hours and time period in question, including, but not limited to, payroll records and employee wage and tax filings.

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(2) Any member of a guaranteed association as defined in subdivision (s).

Participation rules

 

See our page on how many employees must be on the plan to qualify as a guaranteed issue, tax deductible health plan.

% of employees required to be on a group health plan

Blue Cross eligibility statement for owners not on DE 9

CFR § 31.3401(c)-1  

(a) The term employee includes every individual performing services if the relationship between him and the person for whom he performs such services is the legal relationship of employer and employee.

(d) Whether the relationship of employer and employee exists will in doubtful cases be determined upon an examination of the particular facts of each case.

Real Estate Agents and direct sellers

Section §3598 26 US Code –

(a)General rule For purposes of this title, in the case of services performed as a qualified real estate agent or as a direct seller—

(1) the individual performing such services shall not be treated as an employee, and
(2) the person for whom such services are performed shall not be treated as an employer.

Other Laws Defining Employees

 

California Senate Bill 125 (2015).
 
 

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