# Small business health insurance in New York

Source: https://www.getprescience.com/small-business-health-insurance/new-york
Author: Aditya Jain, MD, Cofounder and COO, Prescience
Published: 2026-10-03
Updated: 2026-10-13

New York’s small group market extends to 100 employees and uses community rating. Its stop-loss restriction and insured continuation rights also affect the comparison. I would start with the employer count, the policy’s legal market and the actual network, then compare the full cost to both company and employees.

- **Small group rating:** Community rating
- **Small group market:** 1–100 employees under DFS counting rules
- **Budget examples:** Illustrative assumptions, not quotes
- **Compare before enrolling:** Network, payroll cost and continuation

## New York’s 100-employee boundary changes the comparison

New York DFS requires the full-time-equivalent counting method for small group classification, including part-time employees and employees who waive coverage. Related entities can need aggregation. Group size is generally determined at issuance and renewal using the preceding calendar year; it is not reclassified every time someone joins or leaves midyear. A business with 60 full-time employees can be in the small group insurance market while also subject to federal employer shared responsibility rules.

Under Insurance Law § 3231, community rating does not vary premiums by an individual’s age, sex, health status or occupation. That does not mean every New Yorker pays the same premium. Compare the same plan, region and coverage tier. A change in network, benefits or family enrollment can still change the cost. A national age-based pricing example should not be used as a New York small group quote.

DFS also explains that Insurance Law §§ 3231(h) and 4317(e) prohibit selling stop-loss insurance to groups subject to community rating, including groups with 51–100 employees. That is a restriction on the insurance product, not a statement that federal law bans an employer from paying its own claims. If an alternative proposal depends on stop-loss for a New York small group, obtain its legal eligibility explanation before evaluating the price.

The [DFS small group FAQ](https://www.dfs.ny.gov/apps_and_licensing/health_insurers/small_group_expansion_to_1_100_employees_faqs) also distinguishes common-law employees from sole owners and spouses. Give the carrier the actual ownership and employment information. Do not rely solely on whether a worker receives a particular tax form to decide that group coverage is available.

## Continuation can reach 36 months in an eligible insured plan

DFS describes state continuation for eligible small-employer insured coverage for up to 36 months, at up to 102% of the group premium. Eligible people exhausting federal COBRA can receive a state extension to a combined total of 36 months. This is not 36 additional months after federal COBRA, and it does not extend state insurance requirements to every self-funded employer plan.

Under the state rule, the person requests continuation in writing within 60 days after the later of termination or notice. Nonpayment, other group coverage, Medicare eligibility after election and termination of the group contract can affect continuation. If the employer replaces the group policy with similar coverage, DFS describes rights to continue under the replacement for the remaining period. The administrator should evaluate the actual event and beneficiary.

I would make the continuation roster part of a carrier change. Identify who receives renewal information, how premiums are collected and who confirms enrollment on the replacement plan. Former employees can be easy to omit from a census built only from the active payroll list. Ask for confirmation for each beneficiary rather than assuming the prior carrier transfers everything automatically.

## Plan for paid leave and commuters

New York Paid Family Leave protects health coverage on the same terms as if the employee were working. Employees who normally contribute can still be required to pay their share. Arrange the payment process before leave starts, especially if ordinary payroll deductions will stop. Do not classify a protected leave as a coverage-ending termination simply because the employee has no wages in a particular pay period.

For New York City employers, a worker living in New Jersey or Connecticut needs a network review at the home address. For an upstate hire, check local hospitals and specialists rather than extending a Manhattan provider list. The legal group classification and the ability to receive routine care are separate decisions; both belong in the written comparison.

## Count employees before comparing quotes

I separate three questions: whether the business can buy a small group policy, who is eligible to enroll, and whether federal employer responsibility applies. Those questions can use different counting rules. Send the broker a workforce census and the prior year’s payroll totals, including part-time staff and related businesses. Ask for a written explanation of the market classification. The number of people who accept insurance is not a substitute for the employer count.

Under the IRS rules, an applicable large employer generally averaged at least 50 full-time employees, including full-time equivalents, in the preceding calendar year. Related employers may need to aggregate their workforces, and a seasonal-worker exception can apply. This determines whether the employer shared responsibility provisions apply; it does not mean every business with 50 names on one payroll must immediately buy a particular policy. Use the [ALE calculator](https://www.getprescience.com/tools/ale-calculator) as a starting point and have payroll review the underlying hours.

For SHOP, HealthCare.gov requires at least one qualifying employee other than owners and specified family members. A company consisting only of founders should resolve eligibility before asking for prices. Do not label a contractor an employee merely to create a group. Give the carrier the actual ownership and employment facts, and ask which documents it needs. Participation and contribution requirements also need written confirmation for the specific product and enrollment date.

## Choose the arrangement around the work you need done

**A practical benefits decision table**

| Option | When I would consider it | What to resolve first |
| --- | --- | --- |
| Fully insured group coverage | A common employer benefit with a defined insurer contract. | Exact network, covered services, contribution policy and renewal terms. |
| Individual coverage HRA (ICHRA) | A defined employer allowance toward qualifying individual coverage. | Plans at every home address, subsidy effects, employee classes and administration. |
| PEO benefits offer | The business also wants the employment services in the PEO contract. | All service fees, benefits eligibility, cancellation terms and the replacement plan if you leave. |
| Other group proposals | The written terms address an identified problem with the current offer. | Who owes payments, maximum employer obligations, exclusions and obligations after termination. |

I would not choose an arrangement from its headline monthly price. Request the full agreement and a benefits summary. For a PEO, separate the insurance charge from the services contract and establish what happens to coverage when the relationship ends. For any proposal with employer claims obligations, ask for a maximum-cost illustration, renewal provisions and treatment of claims submitted after the contract ends. These are due-diligence questions, not a prediction that one approach will save money.

An ICHRA requires qualifying individual coverage or Medicare and has rules for employee classes and notices. An employee offered an affordable ICHRA generally cannot receive a Marketplace premium tax credit. If the offer is unaffordable, opting out may allow a credit if the employee otherwise qualifies. Do not add a projected subsidy to the allowance as though both were automatically available. Compare the employee’s remaining premium and care costs using the actual individual policy and household circumstances.

> **Prescience Choice: ICHRA for $20 per enrolled employee per month.** If the ICHRA row fits, Choice compares New York's individual plans for each employee's home address, and works the same way for teammates in other states.
> - **You set a monthly allowance;** each employee picks and owns an individual plan
> - **$20 per enrolled employee per month,** with no setup or platform fee
> - **Works in all 50 states and DC,** so remote and multi-state teams fit
> - **Plan comparison, enrollment help and Crystal,** our assistant for benefits questions
> Best for small teams, teams in several states, and anyone pricing ICHRA. [Get a Choice quote](https://www.getprescience.com/employer/choice)

Ask the tax adviser to screen the small business health care tax credit before budgeting it. It generally requires fewer than 25 full-time equivalents, wages below the applicable tax-year limit and a qualifying employer contribution. The maximum is generally 50% of eligible premiums for taxable employers or 35% for eligible tax-exempt employers, over a two-consecutive-tax-year credit period. SHOP is generally required, but the IRS instructions contain limited exceptions where SHOP coverage is unavailable. A credit is not automatic just because a plan is called small business coverage.

## An illustrative New York City benefits budget

**Twelve employees with two coverage tiers**

This is an illustrative New York planning exercise, not a carrier quote, survey average or forecast. Assume eight employees choose employee-only coverage at $700 monthly and four choose family coverage at $1,900. The employer pays 80% of both tiers. Fees, tax effects and medical spending are excluded.

- Employee-only premiums: 8 × $700 = $5,600 monthly
- Family premiums: 4 × $1,900 = $7,600 monthly
- Total premiums: $13,200 monthly; $158,400 annually
- Employer contribution, 80%: $10,560 monthly; $126,720 annually
- Employees collectively pay, 20%: $2,640 monthly; $31,680 annually
- Individual monthly payroll contribution: $140 employee-only; $380 family

The employer budget and employee contributions reconcile to the total premium. Replace every premium input with the written quote and rerun the calculation when the enrolled roster changes.

Now test an assumed 10% premium increase with the same people and benefits. Total premiums become $14,520 monthly. Maintaining the 80% contribution raises the employer cost to $11,616 and the combined employee cost to $2,904. Freezing the employer contribution at $10,560 instead leaves employees paying $3,960, a 50% increase in their combined contribution. Neither scenario is a prediction. It shows why a renewal percentage alone does not explain the impact on paychecks.

Build a second worksheet for each household’s care exposure. Record annual payroll contributions, the deductible, visit copays, prescription costs and the in-network out-of-pocket maximum. Premiums are separate from that maximum, and out-of-network or excluded services may add costs outside it. Have the insurer explain which expenses count. Compare the same services under each offer; a lower deductible alone does not establish that the entire plan is less expensive.

## Check care access where your New York team lives

A New York City office address does not tell you where the team receives care. Map home ZIP codes, regular work locations and out-of-state dependents before choosing a network. Give employees a private way to identify important doctors and prescriptions. The employer needs enough information to compare access without collecting diagnoses in a shared enrollment spreadsheet. A carrier logo alone is not a network confirmation.

- Verify the exact product and network name with both the insurer and the provider. Include the physician’s location, medical group and facility, because a directory entry for one location may not answer the question for another.
- Ask how routine care works away from home. Emergency coverage does not establish access to an ordinary follow-up appointment for a remote employee or a child at college.
- Check the precise drug, dose and formulation on the formulary. Record the tier, required pharmacy, prior authorization and any step-therapy requirements before comparing prescription copays.
- For ongoing treatment, ask whether transition-of-care arrangements are available, how to request them and whether existing authorizations transfer. Do not promise that every current provider will remain covered.
- Save dated answers and reference numbers. Give employees an escalation contact for conflicting directory information and a process for reporting an enrollment problem.

I would test a routine appointment, a specialist visit and a prescription refill against each finalist. Ask what happens if no participating provider can offer an appointment within a reasonable distance or time. Get the plan’s process for arranging access rather than assuming the employee can use any doctor at in-network rates. Those checks make a comparison useful for employees whose needs differ from the person selecting the plan.

## Launch the plan with a calendar and an accepted roster

1. **Prepare the quote request** Use one census and effective date for all proposals. Include coverage tiers, locations and waivers. Have the broker identify missing eligibility evidence before employees start making elections.
2. **Set the contribution policy** Show employer and employee costs for every tier. Ask the administrator to review eligibility and contribution rules, including any proposed differences between employee groups. Identify payroll deductions and any separate service charges.
3. **Distribute the enrollment packet** Give employees the Summary of Benefits and Coverage, network details, payroll costs, enrollment deadline and a private contact for questions. Explain how they can decline coverage and document their election.
4. **Confirm the start date** Get written acceptance, the effective date, payment instructions and the accepted enrollment roster. Reconcile missing spouses, children and new hires before ending existing coverage. Do not equate an application submission with confirmed insurance.
5. **Audit the first invoice** Match insurer billing to accepted elections and payroll deductions. Track corrections until the insurer confirms them. Keep a record of who owns enrollment, notices, billing and employee support after launch.

Start several weeks before the proposed effective date as a planning choice, then work backward from the carrier’s actual deadlines. Federal waiting-period rules generally prohibit a wait exceeding 90 days after someone is otherwise eligible. A rule that starts coverage on the first of the month after 90 days can exceed that limit. Ask the administrator to test real hire dates, including month-end hires, rather than relying on a short handbook phrase.

At renewal, keep the census constant for the first comparison so you can distinguish a rate change from hiring, dependent additions or a new contribution policy. Ask whether accumulated deductibles receive credit when switching midyear and obtain the answer in writing. Send employees a clear explanation of the effective date and any new identification cards, pharmacies or referral procedures. Reconcile the old policy’s final invoice as carefully as the new policy’s first one.

## Handle departures, Medicare and family changes separately

Federal COBRA generally covers private-sector group health plans of employers with at least 20 employees on more than half of the prior year’s typical business days. Part-time workers count fractionally. Termination other than gross misconduct or a reduction in hours generally supports up to 18 months; other events and extensions can change the period. The usual premium ceiling is 102% of total plan cost, not 102% of the employee’s former payroll deduction. Government and church arrangements require separate scope review.

Give a departing employee the actual coverage end date, the continuation administrator’s contact and the complete premium. Loss of qualifying job-based coverage generally creates a Marketplace special enrollment opportunity during the 60 days before or after the loss. The employee should compare effective dates, networks and accumulated deductibles promptly. Voluntarily dropping continuation later generally does not create another special enrollment period by itself. Do not tell someone to wait for the continuation packet before investigating replacement coverage.

Medicare coordination depends on why the person qualifies for Medicare, current employment, employer size and sometimes multiemployer-plan rules. For age-based Medicare with current-employment coverage, Medicare generally pays first below 20 employees and the group plan generally pays first at 20 or more. Disability and end-stage renal disease use different rules. Have the employee confirm enrollment timing and payment order with Medicare and the plan; a blanket instruction to delay Part B can create a costly gap.

Marriage, birth, adoption, reduced hours and a dependent moving away can require different enrollment actions. Tell employees where to report a change and ask the administrator for the applicable deadlines. A payroll update alone does not update an insurer’s membership file. For leave, determine whether federal or state protections require continued benefits before processing the worker as a termination. State continuation also depends on the policy’s jurisdiction and funding, so the headquarters address cannot answer every case.

## New York: a local procedure price and estimate checklist

Public self-pay examples help identify questions for a provider. They are not negotiated insurance rates, state market averages, comparable prices across states or estimates of insured out-of-pocket spending. Confirm a current written total before booking; a published amount is not a guarantee.

**New York public local MRI pricing evidence (USD); limitations apply**

| Provider / primary source | Procedure | Published cash price / availability | Includes, excludes and unknowns | Effective date / status |
| --- | --- | --- | --- | --- |
| [Mosaic Diagnostic Imaging, NYC / Long Island](https://mosaicdiagnostics.com/patients/cash-pay-offers/) | Lumbar spine MRI without contrast | Amount omitted pending eligibility and site confirmation | Offer describes scan plus interpretation; professional-services-only sites cannot be assumed to include the scan. | Undated; no effective date stated. |

The supplied research had indexed-only evidence; the public page opened during this edit. Its restrictive notice limits discounted cash pricing to patients without active insurance who were not involved in an accident, despite broader marketing text elsewhere. Suffolk is described as professional-services-only, and the footer also names Mineola, Ronkonkoma and Deer Park as professional-services-only. Confirm the exact site, eligibility and both charges in writing; do not apply the bundled offer to those sites. A physician order and full payment at the appointment are required.

What to ask for an all-in written estimate:

- Which exact facility, procedure or CPT, body part and contrast protocol does the estimate cover?
- Does the total include the scan, facility charge and radiologist interpretation? Itemize contrast, sedation, labs and any other separate bills.
- Am I eligible for this self-pay offer, when is payment due, and how long is the written price valid? What changes could increase the total?
- If using insurance instead, ask the plan about network status, authorization and a separate benefit-based estimate. Ask whether a self-pay purchase receives any deductible credit; do not assume it does.

## Where Prescience fits for a New York employer

At Prescience, we design and run your company’s health plan, from setup and enrollment to claims, compliance and COBRA. The plan offers an effective $0 deductible, simple copays shown before a visit, a low out-of-pocket maximum, a broad national PPO network plus providers we contract with directly, and 24/7 physician-led care navigation. The care team helps find providers, book appointments and explain costs up front.

> **Prescience Diamond: A company health plan with an effective $0 deductible.** For New York teams, including people commuting from New Jersey and Connecticut: one broad national PPO network and one monthly cost set in your quote.
> - **An effective $0 deductible** and simple copays shown before a visit
> - **A broad national PPO network,** plus providers we contract with directly
> - **24/7 physician-led care navigation** that books visits and explains costs
> - **Usually 10–20% below comparable fully insured coverage,** fixed in your quote, with no admin fees
> Best for teams of about 15 or more that want one great group plan. [Get a Diamond quote](https://www.getprescience.com/get-started?p=Employer&product=diamond)

I would compare the written Prescience offer with the same census, contribution policy and provider checklist used for other options. Your company can keep its payroll provider, and the plan can start midyear. A local group policy may be the better fit if it meets the team’s provider needs and budget. An individual coverage allowance may fit employees who prefer individual policies and understand the enrollment work. Make the decision from the actual benefits and terms available to your company.

## Frequently asked questions

**Can a 60-employee New York company be small group and an ALE?**

Yes. New York small group coverage extends to 100 employees under its counting rules, while federal applicable large employer status generally begins at 50 full-time employees including equivalents.

**Does New York add 36 months after federal COBRA?**

No. Eligible insured continuation can reach a combined total of 36 months. The state extension is not another 36 months, and policy scope and termination conditions matter.

**Are the budget examples actual insurance prices?**

No. The premiums and renewal percentage are illustrative assumptions, not observed state averages, vendor prices or quotes. Replace them with written offers for the same enrolled population and start date.

**Does the small group definition determine whether the ACA employer rules apply?**

No. Market eligibility and federal applicable large employer status need separate review. The IRS generally uses the preceding year’s average of full-time employees plus full-time equivalents and aggregates certain related employers.

**Can I compare plans using only the monthly premium?**

Include payroll deductions, cost sharing, networks, prescription coverage and any separate fees. A low premium can leave more cost with employees when they receive care.

**Can an ICHRA employee also receive a Marketplace subsidy?**

An affordable ICHRA offer generally prevents a premium tax credit. An employee with an unaffordable offer may qualify after opting out, if otherwise eligible. Have the Marketplace assess the employee’s circumstances.

**How should a remote employee check the network?**

Confirm the exact plan, provider location, facility and routine-care access near the home address. A national insurance brand or emergency benefit does not by itself establish a local network.

**Can we start coverage in the middle of the year?**

Group coverage may start midyear subject to the insurer’s enrollment requirements. Confirm the effective date, accepted roster and any deductible credit before cancelling existing coverage.

**What should employees do when job-based coverage ends?**

Review continuation and replacement coverage at the same time. Loss of qualifying coverage generally supports a Marketplace special enrollment period, but election and payment deadlines differ between programs.

**What should an employee approaching Medicare eligibility do?**

Confirm Medicare enrollment timing and which coverage pays first. Age-based coverage, disability, end-stage renal disease and multiemployer coverage can produce different answers.

## Sources

- [New York DFS, Small group classification and stop-loss](https://www.dfs.ny.gov/apps_and_licensing/health_insurers/small_group_expansion_to_1_100_employees_faqs)
- [New York Senate, Insurance Law § 3231](https://www.nysenate.gov/legislation/laws/ISC/3231)
- [New York DFS, Continuation FAQs](https://www.dfs.ny.gov/consumers/health_insurance/cobra_faqs)
- [New York DFS, 36-month extension](https://www.dfs.ny.gov/consumers/health_insurance/cobra_coverage_extension_36_Months)
- [New York Paid Family Leave, Rights and protections](https://paidfamilyleave.ny.gov/protections)
- [IRS, Determining applicable large employer status](https://www.irs.gov/affordable-care-act/employers/determining-if-an-employer-is-an-applicable-large-employer)
- [HealthCare.gov, SHOP eligibility](https://www.healthcare.gov/small-businesses/choose-and-enroll/qualify-for-shop-marketplace/)
- [Department of Labor, A worker’s guide to COBRA](https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/resource-center/publications/workers-guide-health-benefits-cobra)
- [HealthCare.gov, Individual coverage HRAs](https://www.healthcare.gov/small-businesses/learn-more/individual-coverage-hra/)
- [IRS, Form 8941 instructions and SHOP exceptions](https://www.irs.gov/instructions/i8941)
- [HealthCare.gov, Special enrollment periods](https://www.healthcare.gov/coverage-outside-open-enrollment/special-enrollment-period/)
- [Medicare, Who pays first](https://www.medicare.gov/health-drug-plans/coordination/who-pays-first)
- [Department of Labor, Waiting-period eligibility guidance](https://www.dol.gov/node/63757)
- [HealthCare.gov, Out-of-pocket maximum definition](https://www.healthcare.gov/glossary/out-of-pocket-maximum-limit/)
- [Mosaic Diagnostic Imaging, NYC / Long Island, public pricing / estimate information](https://mosaicdiagnostics.com/patients/cash-pay-offers/)