In most, but not all, states, if you purchase SHOP coverage, 70 percent of eligible employees must enroll in coverage. SHOPs in some states may have slightly higher or lower thresholds, while only a few have prohibited such rules. Outside of SHOP coverage, insurers may impose different minimum thresholds. However, all insurers are required to waive this requirement between November 15 and December 15 of each year, allowing employers that do not meet the minimum participation requirements to still access coverage. (45 C.F.R. § 155.706; 45 C.F.R. § 147.104).
On Private Health Insurance Coverage & The Health Insurance Marketplace