(a) In order for an employer to be eligible to participate in the Insure Oklahoma program the employer must:
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(1) have no more than a total of 250 employees on its payroll. The increase in the number of employees from 50 to 250 will be phased in over a period of time as determined by the Oklahoma Health Care Authority. 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 PEO or is a Child Care Center, in accordance with OHCA rules, this determination is based on appropriate supporting documentation, such as the W-2 Summary Wage and Tax form 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;
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(2) have a business that is physically located in Oklahoma;
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(3) be currently offering, or at the contracting stage to offer a qualified health plan. The qualified health plan coverage must begin on the first day of the month and continue through the last day of the month;
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(4) offer qualified health plan coverage to employees; and
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(5) contribute a minimum 25 percent of the eligible employee monthly health plan premium or an equivalent 40 percent of premiums for covered 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 working days of the occurrence.