---
kind: "section"
citation: "45 C.F.R. § 155.100"
title: "45"
number: "155.100"
heading: "Establishment of a State Exchange."
url: "https://uscodex.org/cfr/45/155.100"
---

# §155.100. Establishment of a State Exchange.

- (a) **General requirements.** Each State may elect to establish:
  - (1) An Exchange that facilitates the purchase of health insurance coverage in QHPs in the individual market and that provides for the establishment of a SHOP; or
  - (2) **An Exchange that provides only for the establishment of a SHOP.**
- (b) **Timing.** For plan years beginning before January 1, 2015, only States that provide reasonable assurances to CMS that they will be in a position to establish and operate only a SHOP for 2014 may elect to establish an Exchange that provides only for the establishment of a SHOP, pursuant to the process in § [155.105(c)](/cfr/45/155.105.md?p=c), [(d)](/cfr/45/155.105.md?p=d), and/or (e), whichever is applicable. For plan years beginning on or after January 1, 2015, any State may elect to establish an Exchange that provides only for the establishment of a SHOP, pursuant to the process in [§ 155.106(a)](/cfr/45/155.106.md?p=a).
- (c) **Eligible Exchange entities.** The Exchange must be a governmental agency or non-profit entity established by a State, consistent with [§ 155.110](/cfr/45/155.110.md).

## Notes

### Amendments

[77 FR 18444, Mar. 27, 2012, as amended at 78 FR 54134, Aug. 30, 2013]

### Authority

Authority: 42 U.S.C. 18021-18024, 18031-18033, 18041-18042, 18051, 18054, 18071, and 18081-18083.

### Source

Source: 77 FR 11718, Feb. 27, 2012, unless otherwise noted.

### Amendments

[77 FR 18444, Mar. 27, 2012, as amended at 78 FR 54134, Aug. 30, 2013]