---
kind: "section"
citation: "45 C.F.R. § 156.100"
title: "45"
number: "156.100"
heading: "State selection of benchmark plan for plan years beginning prior to January 1, 2020."
url: "https://uscodex.org/cfr/45/156.100"
---

# §156.100. State selection of benchmark plan for plan years beginning prior to January 1, 2020.


For plan years beginning before January 1, 2020, each State may identify a base-benchmark plan according to the selection criteria described below:

- (a) **State selection of base-benchmark plan.** The options from which a base-benchmark plan may be selected by the State are the following:
  - (1) **Small group market health plan.** The largest health plan by enrollment in any of the three largest small group insurance products by enrollment, as defined in [§ 159.110](/cfr/45/159.110.md) of this subpart, in the State's small group market as defined in [§ 155.20](/cfr/45/155.20.md) of this subchapter.
  - (2) **State employee health benefit plan.** Any of the largest three employee health benefit plan options by enrollment offered and generally available to State employees in the State involved.
  - (3) **FEHBP plan.** Any of the largest three national Federal Employees Health Benefits Program (FEHBP) plan options by aggregate enrollment that is offered to all health-benefits-eligible federal employees under [5 USC 8903](/usc/5/8903.md).
  - (4) **HMO.** The coverage plan with the largest insured commercial non-Medicaid enrollment offered by a health maintenance organization operating in the State.
- (b) **EHB-benchmark selection standards.** In order to become an EHB-benchmark plan as defined in [§ 156.20](/cfr/45/156.20.md) of this subchapter, a state-selected base-benchmark plan must meet the requirements for coverage of benefits and limits described in [§ 156.110](/cfr/45/156.110.md) of this subpart; and
- (c) **Default base-benchmark plan.** If a State does not make a selection using the process described in this section, the default base-benchmark plan will be the largest plan by enrollment in the largest product by enrollment in the State's small group market.
- (d) **Applicability date—** For plan years beginning on or after January 1, 2020, [§ 156.111](/cfr/45/156.111.md) applies in place of this section.

## Notes

### Amendments

[78 FR 12866, Feb. 25, 2013, as amended at 80 FR 10871, Feb. 27, 2015; 83 FR 17068, Apr. 17, 2018]

### Source

Source: 78 FR 12866, Feb. 25, 2013, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 18021-18024, 18031-18032, 18041-18042, 18044, 18054, 18061, 18063, 18071, 18082, and 26 U.S.C. 36B.

### Source

Source: 76 FR 77411, Dec. 13, 2011, unless otherwise noted.

### Amendments

[78 FR 12866, Feb. 25, 2013, as amended at 80 FR 10871, Feb. 27, 2015; 83 FR 17068, Apr. 17, 2018]