Vermont H. 35: An act relating to adopting the Uniform Voidable Transactions Act

Bill Text

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2025

VT LEG #381187 v.1
No. 2. An act relating to unmerging the individual and small group health
insurance markets.
(H.35)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 33 V.S.A. § 1802 is amended to read:
§ 1802. DEFINITIONS
As used in this subchapter:
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(5) “Qualified employer”:
(A) means an entity that employed an average of not more than 50
100 employees on working days during the preceding calendar year and that:
(i)(A) has its principal place of business in this State and elects to
provide coverage for its eligible employees through the Vermont Health
Benefit Exchange, regardless of where an employee resides; or
(ii)(B) elects to provide coverage through the Vermont Health
Benefit Exchange for all of its eligible employees who are principally
employed in this State;
(B) on and after January 1, 2016, shall include an entity that:
(i) employed an average of not more than 100 employees on
working days during the preceding calendar year; and
(ii) meets the requirements of subdivisions (A)(i) and (A)(ii) of this
subdivision (5).
(C) [Repealed.]

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Sec. 2. 33 V.S.A. § 1804 is amended to read:
§ 1804. QUALIFIED EMPLOYERS
(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. [Repealed.]
(b)(1) On and after January 1, 2016, a 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).

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(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 provided the employer
continuously makes qualified health benefit plans in the Vermont Health
Benefit Exchange available to its employees.
(c) [Repealed.]
Sec. 3. 33 V.S.A. § 1805 is amended to read:
§ 1805. DUTIES AND RESPONSIBILITIES
The Vermont Health Benefit Exchange shall have the following duties and
responsibilities consistent with the Affordable Care Act:
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(7) transferring to the Secretary of the U.S. Department of the Treasury
the name and taxpayer identification number of each individual who was an
employee of an employer but who was determined to be eligible for the
premium tax credit under Section 36B of the Internal Revenue Code of 1986,
including each individual who was an employee of an employer but who was
determined to be eligible for the premium tax credit for one of the following
reasons:
(A) the employer did not provide minimum essential coverage; or
(B) the employer provided the minimum essential coverage, but it
was determined under Section 36B(c)(2)(C) of the Internal Revenue Code to

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be either unaffordable to the employee or not to provide the required minimum
actuarial value;
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(9)(A) transferring to the Secretary of the U.S. Department of the
Treasury the name and taxpayer identification number of each individual who
notifies the Vermont Health Benefit Exchange that he or she has changed
employers and of each individual who ceases coverage under a qualified health
benefit plan during a plan year and the effective date of that cessation; and
(B) communicating to each employer the name of each of its
employees and the effective date of the cessation reported to the U.S.
Department of the Treasury under this subdivision;
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(17) establishing procedures, including payment mechanisms and
standard fee or compensation schedules, that allow licensed insurance agents
and brokers to be appropriately compensated outside the navigator program
established in section 1807 of this title for:
(A) assisting assist with the enrollment of qualified individuals and
qualified employers in any qualified health plan offered through the Exchange
for whic