# 33 V.S.A. § 1804: Qualified employers [Effective until January 1, 2026; see also 33 @ § 1804 effective January 1, 2026 set out below]

> Vermont · Statutes · Repealed

URL: https://www.frixlaw.com/law-library/statutes/STATE_VT_T33_C18_S1804

## Section

- **Citation:** 33 V.S.A. § 1804
- **Heading:** Qualified employers [Effective until January 1, 2026; see also 33 @ § 1804 effective January 1, 2026 set out below]
- **Jurisdiction:** Vermont
- **Kind:** Statutes
- **Status:** Repealed
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** VT Code / Title 33 / Chapter 18 / Section 1804

## Text

(a)(1) Until January 1, 2016, a qualified employer shall be an entity that employed an average of not more than 50 employees on working days during the preceding calendar year, and the term “qualified employer” includes self-employed persons to the extent permitted under the Affordable Care Act. Calculation of the number of employees of a qualified employer shall not include a part-time employee who works fewer than 30 hours per week or a seasonal worker as defined in 26 U.S.C. § 4980H(c)(2)(B).

(2) An employer with 50 or fewer employees that offers a qualified health benefit plan to its employees through the Vermont Health Benefit Exchange may continue to participate in the Exchange even if the employer's size grows beyond 50 employees, as long as the employer continuously makes qualified health benefit plans in the Vermont Health Benefit Exchange available to its employees.

(b)(1) On and after January 1, 2016, a qualified employer shall be an entity that employed an average of not more than 100 employees on working days during the preceding calendar year, and the term “qualified employer” includes self-employed persons to the extent permitted under the Affordable Care Act. The number of employees shall be calculated using the method set forth in 26 U.S.C. § 4980H(c)(2).

(2) An employer with 100 or fewer employees that offers a qualified health benefit plan to its employees through the Vermont Health Benefit Exchange may continue to participate in the Exchange even if the employer's size grows beyond 100 employees, as long as the employer continuously makes qualified health benefit plans in the Vermont Health Benefit Exchange available to its employees.

(c) [Repealed.]

(a) [Repealed.]

(b)(1) A qualified employer shall be an entity that employed an average of not more than 100 employees on working days during the preceding calendar year, and the term “qualified employer” includes self-employed persons to the extent permitted under the Affordable Care Act. The number of employees shall be calculated using the method set forth in 26 U.S.C. § 4980H(c)(2).

(2) An employer with 100 or fewer employees that offers a qualified health benefit plan to its employees through the Vermont Health Benefit Exchange may continue to participate in the Exchange even if the employer's size grows beyond 100 employees, provided the employer continuously makes qualified health benefit plans in the Vermont Health Benefit Exchange available to its employees.

(c) [Repealed.]

## Nearby sections

- [33 V.S.A. § 1801 § 1801. Purpose](https://www.frixlaw.com/law-library/statutes/STATE_VT_T33_C18_S1801.md)
- [33 V.S.A. § 1802 § 1802. Definitions](https://www.frixlaw.com/law-library/statutes/STATE_VT_T33_C18_S1802.md)
- [33 V.S.A. § 1803 § 1803. Vermont Health Benefit Exchange](https://www.frixlaw.com/law-library/statutes/STATE_VT_T33_C18_S1803.md)
- [33 V.S.A. § 1804 § 1804. Qualified employers [Effective until January 1, 2026; see also 33 @ § 1804 effective January 1, 2026 set out below]](https://www.frixlaw.com/law-library/statutes/STATE_VT_T33_C18_S1804.md)
- [33 V.S.A. § 1805 § 1805. Duties and responsibilities](https://www.frixlaw.com/law-library/statutes/STATE_VT_T33_C18_S1805.md)
- [33 V.S.A. § 1806 § 1806. Qualified health benefit plans](https://www.frixlaw.com/law-library/statutes/STATE_VT_T33_C18_S1806.md)
- [33 V.S.A. § 1807 § 1807. Navigators](https://www.frixlaw.com/law-library/statutes/STATE_VT_T33_C18_S1807.md)
- [33 V.S.A. § 1808 § 1808. Financial integrity](https://www.frixlaw.com/law-library/statutes/STATE_VT_T33_C18_S1808.md)
- [33 V.S.A. § 1809 § 1809. Publication of costs and satisfaction surveys](https://www.frixlaw.com/law-library/statutes/STATE_VT_T33_C18_S1809.md)
- [33 V.S.A. § 1810 § 1810. Rules](https://www.frixlaw.com/law-library/statutes/STATE_VT_T33_C18_S1810.md)
- [33 V.S.A. § 1811 § 1811. Health benefit plans for individuals and small employers](https://www.frixlaw.com/law-library/statutes/STATE_VT_T33_C18_S1811.md)
- [33 V.S.A. § 1812 § 1812. Financial assistance to individuals](https://www.frixlaw.com/law-library/statutes/STATE_VT_T33_C18_S1812.md)
- [33 V.S.A. § 1813 § 1813. Reflective health benefit plans](https://www.frixlaw.com/law-library/statutes/STATE_VT_T33_C18_S1813.md)
- [33 V.S.A. § 1814 § 1814. Maximum out-of-pocket limit for prescription drugs in bronze plans](https://www.frixlaw.com/law-library/statutes/STATE_VT_T33_C18_S1814.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_VT_T33_C18_S1804. Check the current official text before relying on it. Not legal advice.