§ 15-12A-03. Eligibility for subsidy.

   (a) Eligibility. -- A small employer and the employees of the small employer shall be eligible for a subsidy of small employer health benefit plan premiums if the small employer:

   (1) at the time of initial application for the subsidy:

      (i) has not offered a small employer health benefit plan to its employees for at least 12 consecutive months;

      (ii) has at least two but not more than nine eligible employees; and

      (iii) meets salary and wage requirements established by the Commission;

   (2) offers a small employer health benefit plan to its employees;

   (3) establishes a payroll deduction plan under § 125 of the Internal Revenue Code;

   (4) agrees to offer a wellness benefit, as required by the Commission; and

   (5) meets any other requirements established by the Commission.

(b) Use of subsidy as offset of employer contributions. -- A subsidy provided to a small employer under the Program:

   (1) shall offset a portion of the small employer health benefit plan premium contributions made by a small employer;

   (2) may not exceed the lower of:

      (i) 50% of the small employer contribution; or

      (ii) an amount established by the Commission; and

   (3) may be calculated on a sliding scale.

(c) Use of subsidy as offset of employee contributions. -- A subsidy provided to an employee of a small employer under the Program:

   (1) shall offset a portion of the small employer health benefit plan premium contributions made by an employee;

   (2) may not exceed the lower of:

      (i) 50% of the employee contribution; or

      (ii) an amount established by the Commission; and

   (3) may be calculated on a sliding scale.

(d) Alteration of subsidy amounts. -- The Commission may alter the subsidy amounts provided under subsections (b) and (c) of this section according to the number of employees of the small employer.

(e) Total subsidy amounts limited by State budget. -- The total amount of all subsidies provided under this section shall be subject to the limitations of the State budget.

HISTORY: 2007 Sp. Sess., ch. 7, § 1.