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For purposes of definition of health insurance in Texas, there is a difference between small employers and large employers according to state and federal mandates. For a small employer to be called just that, they will have to have no more than 50 employees that work full-time (actually 2 to 50 full-time employees). These employees that are defined as full-time must work at least 30 hours or more each week in order to qualify. That does not include temporary workers or seasonal workers.
Small employers qualify for some extra legal protection under state and federal laws. This includes dictating how much insurance companies can charge them and what type of coverage must be extended to them. In order for these smaller companies to benefit from the special health insurance statutes in Texas they do have to meet certain eligibility requirements. The total number of employees is not as important as how many employees are eligible for, or will be participating in the insurance program. The law requires that all eligible employees have health insurance offered to them and their immediate families.
A health insurance provider may require that a minimum of 75% of the employees that are eligible for insurance through their small business employer sign up for their insurance. With some companies this may be a portion of how they will obtain health insurance. But, it may all depend on the number of employees and the law may state that not that many employees at the company have to participate in order for them to qualify for health insurance in Texas.
Or if the number of employees is low, require them to have total participation of 100%, no exceptions. If the small employer includes spouses and maybe a few others, then the spouses must each get separate health insurance coverage. There would be no dependent sharing for either spouse. This applies to health insurance in Texas as well.
Fewer employees at a small company also means fewer choices in the type of coverage for employee health insurance in Texas. To keep their costs down, insurers will often require everyone be covered by the same plan rather than offer multiple levels of coverage and allowing employees to choose. This is unlike larger companies who offer more options to employees regarding insurance plans.
No matter what size the company is, it is against the law for any employer to require an employee to participate in a health insurance plan in Texas in order to keep their job. It is also illegal to disqualify an employee for insurance coverage due to their age, gender or health conditions they may have.
It is important that small employers follow the rules about health insurance in Texas. The small employer needs to know what is allowed and what is not allowed for their employees. To make sure that things are in order, they should consult their health insurance handbook or contact their health insurance representative. Having that in place will make things much smoother when it's time for employees to use their health insurance. They need to make sure that they are providing the right kind of health insurance to their employees.
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