Am I required to offer health insurance to my employees?
According to the IRS, the rule applies to “applicable large employers”: those that averaged at least 50 full-time employees, including full-time equivalents, during the prior year. For this rule, full-time means an average of 30 hours per week or 130 hours per month.
A large employer may owe a payment to the IRS in two cases: if it doesn’t offer coverage to at least 95% of its full-time employees, or if the coverage it offers isn’t affordable or doesn’t provide minimum value. In both cases, the payment applies only if at least one full-time employee receives the premium tax credit for buying a Marketplace plan.
If you have fewer than 50 full-time equivalent employees, federal law doesn’t require you to offer insurance, although many businesses offer it anyway as a benefit for their team.
Option 1: a group health plan
This is traditional job-based insurance: the business chooses one or more plans with an insurance company, pays part of the premium and the employee pays the rest, usually through payroll deduction. It works for businesses of any size, and participation and contribution rules are set by each insurance company and each state.
Option 2: SHOP and the small business tax credit
SHOP is HealthCare.gov’s health insurance program for small businesses. According to HealthCare.gov, enrolling in a SHOP plan is generally the only way to claim the Small Business Health Care Tax Credit.
According to the IRS, to get that credit the business must have fewer than 25 full-time equivalent employees, pay average wages below the limit the IRS adjusts each year, pay at least 50% of the premium for employee-only coverage and offer the plan through SHOP to all its full-time employees. The credit can be up to 50% of the premiums the business pays (35% for tax-exempt organizations), lasts two consecutive years and is claimed on Form 8941.
Option 3: reimbursing premiums (QSEHRA or CHOICE)
Instead of a group plan, the business can reimburse each employee, tax-free and up to a set amount, for medical costs such as the premium for their own insurance:
- QSEHRA: for businesses with fewer than 50 full-time employees that don’t offer a group plan. In 2026, according to HealthCare.gov, the maximum is $6,450 a year for employee-only and $13,100 for an employee with family; the IRS adjusts these amounts each year and, as of November 10, 2026, had not published the 2027 amounts. It is offered on the same terms to all full-time employees, and the employee must have qualifying health coverage to use it.
- CHOICE (formerly ICHRA): for employers of any size. The employee must have their own individual plan, for example from the Marketplace; short-term plans and dental- or vision-only coverage don’t count. It lets you offer different amounts to classes of employees defined by the rule, such as full-time, part-time or work location; the business can’t create its own classes.
- In both cases, the business must give current employees written notice 90 days before the plan year starts, and new employees when they become eligible.
- Watch the Marketplace tax credit: according to HealthCare.gov, with a QSEHRA the reimbursement amount generally reduces the employee’s credit or brings it to zero; with CHOICE, if the reimbursement is affordable, the employee and their household can’t get the credit, and if it isn’t, they must choose between the reimbursement and the credit.
How to choose the option for your business
It depends on how many employees you have, how much you want to contribute, whether your employees live in several states and whether you need to meet the large-employer rule. A small business that wants the tax credit may look at SHOP; one that prefers a fixed contribution may look at QSEHRA or CHOICE; and a mid-size or large business may compare group plans and CHOICE.
Besides health insurance, many businesses add dental, life or legal protection as a benefit for their team.
Learn about legal protection for businessesFrequently asked questions
How many employees do I need for a group health plan?+
It depends on the insurance company and the state. Some group plans accept very small businesses; participation and contribution rules are set by each insurance company.
At how many employees is offering health insurance required?+
According to the IRS, the rule applies to employers with an average of 50 or more full-time employees, counting equivalents. Below that, federal law doesn’t require it.
What is the small business health care tax credit?+
It is a credit of up to 50% of the premiums the business pays (35% for tax-exempt organizations), for businesses with fewer than 25 full-time equivalent employees that offer a SHOP plan and meet the IRS’s other requirements. It lasts two consecutive years.
What is the difference between QSEHRA and CHOICE (ICHRA)?+
QSEHRA is for businesses with fewer than 50 full-time employees, has an annual maximum and is offered on the same terms to all full-time employees (the amount can vary only by age and number of people covered). CHOICE is for any size and allows different amounts by class of employee.
Can I use a premium reimbursement if I am self-employed?+
No. According to HealthCare.gov, CHOICE is only for employees, not self-employed individuals. If you are self-employed, read the guide on health insurance for the self-employed.
Sources
- IRS · Employer shared responsibility provisions (50 or more employees)
- IRS · Small Business Health Care Tax Credit and the SHOP Marketplace
- HealthCare.gov · SHOP coverage for small businesses
- HealthCare.gov · QSEHRA for small employers
- HealthCare.gov · CHOICE Arrangements (formerly ICHRA)
Facts verified on November 10, 2026. Rules change: if you read this later, confirm with a benefits consultant.
Educational content; not legal, tax or employment advice. Latin Prime Financial Group is a private insurance agency, not affiliated with the government, HealthCare.gov, the IRS or CMS. Eligibility rules, tax credits, amounts and participation requirements depend on the business, the state and the insurance company, and may change. Talk to your accountant about the tax credit and your business’s obligations. All coverage is subject to each insurance company’s application and approval.