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Covered California Q&A

Covered California and Obamacare related questions from consumers, employers and agents are answered by Phil Daigle with the best information available at the time. Archived entries may no longer be accurate as the Covered California and Obamacare knowledge-base is evolving quickly. TO REQUEST A PERSONAL RESPONSE INCLUDE EMAIL ADDRESS.


AB 1642 and ACA Conflicts?

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Question: Is the “small employer” definition of 1 to 100 employees under the ACA only applicable to participation in the exchanges? For instance, can an insurance carrier that is not participating in the exchange still deem a group of 51 and over “large” after 2016? I am trying to ascertain if this new definition is universal. Most carriers “must offer” insurance to small groups (usually 50 and under) - will they now have to offer to groups 100 and under even if they are not going through the exchange?

Answer: In California small group health insurance is governed by a state law - AB1672 - which protects businesses with 2-50 employees. The question you raise is about potential conflicts between California law and federal law - the Affordable Care Act. No worries. The California legislature has already shown itself to be more than willing to modify state laws to insure Covered California is successful.

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