1. (a) General requirement. The SHOP must permit qualified employers to purchase coverage for qualified employees through the SHOP.

2. (b) Employer eligibility requirements. An employer is a qualified employer eligible to purchase coverage through a SHOP if such employer—

   1. (1) Is a small employer;
   2. (2) Elects to offer, at a minimum, all full-time employees coverage in a QHP through a SHOP; and

   3. (3) Either—

      1. (i) Has its principal business address in the Exchange service area and offers coverage to all its full-time employees through that SHOP; or
      2. (ii) Offers coverage to each eligible employee through the SHOP serving that employee's primary worksite.
3. (c) Participating in multiple SHOPs. If an employer meets the criteria in paragraph (b) of this section and makes the election described in (b)(3)(ii) of this section, a SHOP shall allow the employer to offer coverage to those employees whose primary worksite is in the SHOP's service area.
4. (d) Continuing eligibility. The SHOP must treat a qualified employer which ceases to be a small employer solely by reason of an increase in the number of employees of such employer as a qualified employer until the qualified employer otherwise fails to meet the eligibility criteria of this section or elects to no longer purchase coverage for qualified employees through the SHOP.
5. (e) Employee eligibility requirements. An employee is a qualified employee eligible to enroll in coverage through a SHOP if such employee receives an offer of coverage from a qualified employer. A qualified employee is eligible to enroll his or her dependents in coverage through a SHOP if the offer from the qualified employer includes an offer of dependent coverage.

[77 FR 18464, Mar. 27, 2012, as amended at 80 FR 10869, Feb. 27, 2015]