Section 1501.154 - Minimum Participation Requirement(a) Except as provided by Section 1501.155, coverage is available under a small employer health benefit plan if at least 75 percent of a small employer's eligible employees elect to participate in the plan.(b) If a small employer offers multiple health benefit plans, the collective participation in those plans must be at least:(1) 75 percent of the employer's eligible employees; or(2) if applicable, the lower participation level offered by the small employer health benefit plan issuer under Section 1501.155.(c) A small employer health benefit plan issuer may elect not to offer a health benefit plan to a small employer that offers multiple health benefit plans if:(1) the plans are provided by more than one issuer; and(2) the issuer would have less than 75 percent of the employer's eligible employees enrolled in the issuer's plan.Tex. Ins. Code § 1501.154
Amended By Acts 2005, 79th Leg., Ch. 728, Sec. 11.054(a), eff. 9/1/2005.Added by Acts 2003, 78th Leg., ch. 1274, Sec. 3, eff. 4/1/2005.