---
kind: "section"
citation: "45 C.F.R. § 155.710"
title: "45"
number: "155.710"
heading: "Eligibility standards for SHOP."
url: "https://uscodex.org/cfr/45/155.710"
---

# §155.710. Eligibility standards for SHOP.

- (a) **General requirement.** The SHOP must permit qualified employers to purchase coverage for qualified employees through the SHOP.
- (b) **Employer eligibility requirements.** An employer is a qualified employer eligible to purchase coverage through a SHOP if such employer—
  - (1) Is a small employer;
  - (2) Elects to offer, at a minimum, all full-time employees coverage in a QHP through a SHOP; and
  - (3) **Either—**
    - (i) Has its principal business address in the Exchange service area and offers coverage to all its full-time employees through that SHOP; or
    - (ii) **Offers coverage to each eligible employee through the SHOP serving that employee's primary worksite.**
- (c) **Participating in multiple SHOPs.** If an employer meets the criteria in [paragraph (b)](#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.
- (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.
- (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.

## Notes

### Amendments

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

### Source

Source: 77 FR 18464, Mar. 27, 2012, unless otherwise noted.

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