Most companies qualify


The majority of businesses qualify for either the ICHRA or the QSEHRA. Some small businesses even qualify for both and must choose between the two.


Not sure which is right for your company?





Your company is qualified to offer a QSEHRA through PeopleKeep if:

  • Your company has at least one W-2 employee, AND
  • Your company had fewer than 50 employees last year, or your company had 50 or more employees last year but is not an applicable large employer (ALE), AND
  • Your company doesn't offer group health, dental, or vision insurance.

If your company is part of a “controlled group” then these restrictions apply to the group as a whole. Your company might be in this situation if it is a parent/subsidiary or if it shares common ownership between companies. The full list of conditions is defined in Internal Revenue Code section 414(b), (c), (m), and (o).


  • Hatch Analytics has 10 full-time employees and 4 part-time employees. It is owned and operated by the CEO, Katie Hatch. Hatch Analytics qualifies for a PeopleKeep QSEHRA.
  • The Rosen Group downsized to 40 full-time employees in March from 53 full-time employees in December. Because it had 50 full-time employees last year, The Rosen Group is an ALE and isn't qualified for a PeopleKeep QSEHRA.
  • Parker's Chocolates has 12 full-time employees and 20 part-time employees. It offers a group health plan, but plans to cancel it in December. Because Parker's Chocolates will no longer have group health insurance, it is qualified to offer a PeopleKeep QSEHRA in January.
  • The Yogah Company has 20 employees. It is one of several subsidiaries of The Wright Company. Another Wright Company subsidiary, Wren Partners, offers group health insurance. The Yogah Company doesn't qualify for a PeopleKeep QSEHRA because another company in the controlled group offers group health insurance.






Your company is qualified to offer an ICHRA through PeopleKeep if:

  • Your company has at least one W-2 employee

ICHRAs are operated at the common law employer level rather than the "controlled group" level, so these restrictions apply only to the company offering the ICHRA and not to the group as a whole.


  • Beaustar Corp. has 150 full-time employees and 100 part-time employees. It offers group health insurance, but plans to cancel at the end of the year. At the beginning of the calendar year, Beaustar Corp. will qualify to offer the PeopleKeep ICHRA.
  • Merrill Chiropractic has eight full-time employees and five part-time employees. They offer a group health insurance plan to their full time employees. Because they aren't offering the same group of people an ICHRA and the group health insurance plan, Merrill Chiropractic can offer part-time employees the PeopleKeep ICHRA.
  • Annie Fields is a sole proprietor without any W-2 employees. She cannot offer a PeopleKeep ICHRA.
  • The Bennett Veterinary Clinic employs 14 full-time workers and two part-time workers. It has never offered group health insurance. It is qualified to offer an ICHRA through PeopleKeep.
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