SECTION 317:45-7-1. Employer application and eligibility requirements for Insure Oklahoma ESI

(a)   In order for an employer to be eligible to participate in the Insure Oklahoma program the employer must:

(1)   have no more than a total of 250 employees on its payroll if the employer is a for-profit business entity. Not-for-profit businesses may participate if the employer has no more than a total of 500 employees on its payroll. The increase in the number of employees from 250 to 500 will be phased in over time as determined by the Oklahoma Health Care Authority (OHCA). The number of employees is determined based on the third month employee count of the most recently filed OES-3 form with the Oklahoma Employment Security Commission (OESC). Employers may provide additional documentation confirming terminated employees that will be excluded from the OESC employee count. If the employer is exempt from filing an OES-3 form or is contracted with a Professional Employer Organization in accordance with OHCA rules, this determination is based on appropriate supporting documentation to verify employee count. Employers must be in compliance with all OESC requirements to be eligible for the program. As requested by the OHCA, employers that do not file with the OESC must submit documentation that proves compliance with state law;

(2)   have a business that is physically located in Oklahoma;

(3)   be currently offering, or in the contracting stage to offer a qualified benefit plan coverage to employees;

(4)   contribute a minimum twenty-five (25) percent of the eligible employee monthly benefit plan premium or an equivalent forty (40) percent of premiums for dependent children.

(b)   An employer who meets all of the requirements listed in OAC 317:45-7-1(a) must complete and submit the OHCA required forms and application to be considered for participation in the program.

(c)   The employer must provide its Federal Employee Identification Number (FEIN).

(d)   It is the employer's responsibility to notify the OHCA of any changes that might impact eligibility in the program. Employers must notify the OHCA of any participating employee terminations, resignations, or new hires within five (5) working days of the occurrence.

[Source: Added at 23 Ok Reg 278, eff 10-3-05 (emergency); Added at 23 Ok Reg 819, eff 2-1-06 (emergency); Added at 23 Ok Reg 2590, eff 6-25-06; Amended at 24 Ok Reg 153, eff 10-8-06 (emergency); Amended at 24 Ok Reg 700, eff 2-1-07 (emergency); Amended at 24 Ok Reg 2159, eff 6-25-07; Amended at 26 Ok Reg 621, eff 3-1-09 (emergency); Amended at 26 Ok Reg 2165, eff 6-25-09; Amended at 27 Ok Reg 2391, eff 7-1-10 (emergency); Amended at 28 Ok Reg 1574, eff 6-25-11; Amended at 33 Ok Reg 916, eff 9-1-16; Amended at 35 Ok Reg 1503, eff 9-14-18]