Your Insurance Detective › Maryland › Small business health insurance
Written and reviewed by Dick Tracy, licensed health insurance broker (NPN 20414610) · Published September 23, 2026
Quick answer Maryland does not require a business with fewer than 50 full-time equivalent employees to offer health insurance, and there is no penalty for skipping it. At 50 or more, the federal employer mandate applies, with 2026 penalties of $3,340 or $5,010 per full-time employee. Maryland's small group market covers businesses with up to 50 employees, asks no health questions, and rates are locked for 12 months. Average employer coverage in Maryland costs $8,760 a year for single coverage and $24,717 for a family (MEPS-IC, 2025, all firm sizes). For 2026, the state approved an average small group increase of 4.9%. You need at least one employee who is not you or your spouse to buy a group plan, but a group plan is not the only way to take care of your people. I educate, you decide.
I'm Dick Tracy, an independent health insurance broker. I'm licensed in Maryland (NPN 20414610), one of 25 states I hold a license in, and I work with 80+ carriers. My office is in Buffalo, New York, and I work with Maryland business owners by phone or Zoom. I came from the healthcare side of this business, so there is no gag clause on me. This page is for the owner with employees. If it is just you, or you and your spouse, start with my self-employed in Maryland page instead. The biggest trap for an owner with a team: signing the first group quote because you think it is the only option. Sometimes the math doesn't math.
Sources: Maryland Insurance Article 31-101; AHRQ MEPS-IC via KFF State Health Facts, 2025; Maryland Health Benefit Exchange and Maryland Insurance Administration briefing to the General Assembly, October 16, 2025, page 18.
Under 50 full-time equivalent employees (FTEs), no. Maryland has no state mandate on employers, and the federal duty to offer coverage starts at 50 FTEs. Part-time hours count toward the FTE number, so do the count before you assume you are under it.
| Your size | Required to offer? | What applies to you |
|---|---|---|
| Owner only, or owner and spouse | No | No Maryland small group plan for you. See the box below. |
| 1 to 49 FTEs | No, and no penalty | Small group coverage is available if you want it. So are two other routes. |
| 50 FTEs | Yes, federal mandate | Still "small group" in Maryland, plus the federal duty to offer. |
| More than 50 | Yes, federal mandate | Large group market. |
Sources: Maryland Insurance Article 31-101 (small employer: an average of not more than 50 employees in the preceding calendar year); Maryland Health Connection for Small Business, 2025-2026 Employer Guide, pages 8 to 9.
At 50 or more, the 2026 IRS numbers: the penalty for not offering coverage is $3,340 per full-time employee for the year. The penalty when the coverage you offer is unaffordable or falls short is $5,010 per affected employee (IRS Rev. Proc. 2025-26). "Affordable" has a number too: for 2026 plan years, the employee's required contribution cannot be more than 9.96% of household income (IRS Rev. Proc. 2025-25). If you are near the line, my employer affordability calculator does the math.
Who counts: full-time means an average of 30 hours a week. Part-time employees can be included at your option. People paid on a 1099 are not employees for group purposes.
Maryland Health Connection for Small Business requires "at least one common-law employee on the payroll, not including a business owner, sole proprietor, or spouse" (2025-2026 Employer Guide, page 8). So a solo consultant, a one-truck contractor, or a husband and wife business cannot buy a Maryland small group plan.
What can that owner do instead? First, a pre-established ERISA group plan. ERISA is the 1974 federal law that governs employer benefit plans. Group plans already exist under it, and a solo owner can be merged into one: group rates, a true nationwide PPO network of the PHCS and MultiPlan type, and a policy you own. No employees required, and one simple compliance step I walk you through. Here is the ERISA cheat code, explained. Second, a customized individual plan. Maryland allows medically underwritten individual plans, so a healthy owner can be priced on their own health instead of the whole pool. The four doors for a solo owner are on my self-employed in Maryland page.
Here is the honest anchor: average annual premiums for private-sector employer coverage in Maryland, from the federal employer survey. They cover employers of all sizes, so this is a benchmark, not a quote.
| Coverage tier (2025) | Maryland total | Employee pays | Employer pays | US total |
|---|---|---|---|---|
| Single | $8,760 | $2,065 | $6,695 | $9,025 |
| Employee-plus-one | $18,373 | $4,840 | $13,533 | $17,901 |
| Family | $24,717 | $6,502 | $18,215 | $26,281 |
Source: Agency for Healthcare Research and Quality, Medical Expenditure Panel Survey Insurance Component (MEPS-IC), via KFF State Health Facts, data year 2025: single, employee-plus-one, family. All firm sizes, per enrolled employee.
In monthly terms, single coverage runs about $730, with the employee paying about $172 of it. Family coverage runs about $2,060 a month, with the employee paying about $542. Notice the pattern: Maryland's total premiums run a little below the national average, but Maryland employees pay a bigger share of the single premium than employees nationally ($2,065 against $1,817). The employer still carries about $6,700 a year per person on single coverage alone.
My contribution advice: pick a flat dollar amount per person, not a percentage of premium. Every employee is rated on their own age, so a percentage means your cost jumps with every older hire and every renewal. A flat amount is a number you can budget. Make sure it clears the carrier's minimum. Under 50 employees, a group plan isn't required. Tell me your budget per employee and I'll show you every structure that fits, set up the right way with your accountant.
Maryland reviews every small group rate filing before it takes effect. For 2026, the carriers asked for an average increase of 5.5% and the Maryland Insurance Administration approved 4.9%. Every carrier got an increase, from 2.9% to 11.8% depending on the company and the plan type. By network type, HMO plans averaged 3.3%, EPO plans 10.4%, and PPO plans 10.8%. The state's actuaries blamed a 6.9% claims trend, with prescription drugs, up 12%, as the main driver. One more line from that briefing worth reading twice: small group enrollment fell 10%, "the largest in recent years," and the groups leaving were not healthier than average. Employers are walking away from group plans in Maryland, and the ones who stay are paying for it.
Source: Maryland Health Benefit Exchange and Maryland Insurance Administration, briefing to the Senate Finance Committee and House Health and Government Operations Committee, October 16, 2025, pages 18 to 19. Small group carriers in that filing: CareFirst, UnitedHealthcare, and Kaiser Permanente.
Two things every Maryland owner should know about how a small group plan is priced. First, no health questions: a small group plan is guaranteed issue, and under the federal rating rule (45 CFR 147.102) the premium can vary only by age, rating area, family size, and tobacco use, never by health, claims history, or gender. The oldest adult rate can be no more than three times the youngest. Second, your business address sets your rating area, and once you are in, "health coverage and premium rates are guaranteed for 12 months from your initial coverage effective date" (Employer Guide, page 13).
There is no single best plan, only a best route for your team. Comparing Maryland business health insurance quotes only works if all three routes are on the same page. What kind of tank should we build?
| 1. Traditional fully insured small group | 2. Pre-established ERISA group plan | 3. No group plan at all | |
|---|---|---|---|
| What it is | A Maryland small group policy from a carrier | Your people merge into a group plan that already exists under ERISA | You may not need a group plan at all: I customize the plan based on the situation |
| Who can use it | A business with at least one common-law employee who is not an owner or owner's spouse | A solo owner or a small business's people. No employees required. | The owner and family, or each person buying their own policy |
| Health questions | None. Guaranteed issue. | Best fit for healthy people | Depends on the plan. Maryland allows underwritten individual plans, and marketplace plans ask none. |
| Network | Depends on the carrier: HMO, EPO, or PPO | True nationwide PPO (PHCS and MultiPlan type) | Chosen person by person, around their own doctors |
| Employer rules | Participation and contribution minimums. State continuation under 20 employees, federal COBRA at 20 or more. | One simple compliance step I walk you through. The employer can be the payer. | No group plan to administer |
| Policy owner | The employer holds the group contract | The person | The person |
| Usually fits | Older teams, health conditions, 50 or more FTEs | Healthy owners and healthy small teams | Very small businesses, owner-and-spouse businesses, teams where half want coverage and half do not |
Small group column: Maryland Insurance Article 31-101 (definition), Employer Guide pages 8 to 10 and 20 (eligibility, participation, continuation). Routes 2 and 3 describe my own practice; route 2 is explained on the ERISA cheat code page.
On route 3: a group plan is one design stretched over a 26-year-old who never sees a doctor and a 58-year-old with a specialist. Customized individual coverage for each person is often more cost-effective than a one-size-fits-all group plan. A couple of years ago I saved a business over $30,000 in a year by putting the routes side by side. Around the same time, an owner paying $1,200 a month came down to $379 with a plan built around how he actually used care. The same idea works for a team of three or a team of thirty.
Price routes 2 and 3 against a traditional group quote. Set a flat dollar amount per person, then put all three on one page. On a young team the group plan is often the most expensive of the three.
Guaranteed-issue coverage, for now. Traditional small group asks no health questions and cannot charge more for a condition. We revisit the other routes at renewal.
Check the participation math before you quote. Employees covered elsewhere are left out of Maryland's 60% count, so you may still qualify. If not, routes 2 and 3 cover only the people who want it, with no participation test.
A group plan may not fit, and I will tell you so. For a lower-income worker, a subsidized marketplace plan or Medicaid may be the best deal available. The trade-offs: narrow regional networks, mostly HMO, and an income estimate they must get right. The lines are on my Maryland Health Connection income limits 2026 page.
Get ahead of the federal mandate. At 50 FTEs the $3,340 and $5,010 penalties apply, and "affordable" has a hard 9.96% test. We build the offer so it passes before you cross the line.
Maryland Health Connection for Small Business is the state exchange's small group program for employers with 50 or fewer FTEs. It is one tool, and enrollment runs through a broker. Its published 2025-2026 rules:
Source: Maryland Health Connection for Small Business, 2025-2026 Employer Guide, pages 9 to 11 and 15.
The tax credit. The program calls itself "the only platform in Maryland where small businesses can qualify for the federal health care tax credit." The IRS rules: fewer than 25 FTEs, average wages under an inflation-adjusted limit, and a uniform employer contribution of at least 50% of the employee-only premium. The credit is worth up to 50% of the premiums you pay (35% for a tax-exempt employer), for no more than two consecutive tax years. The IRS wage figure used in that calculation is $34,100 for tax years beginning in 2026 (IRS Rev. Proc. 2025-32). You claim it on IRS Form 8941 with the program's eligibility letter attached.
The trade-offs. Three health carriers is a short menu, so check every employee's doctors first. The credit ends after two years, and it wants a uniform percentage, the opposite of the flat dollar budget I recommend. With under 25 lower-wage employees, the credit can be real money. Otherwise it is one quote among several.
A group plan comes with an exit rule. If your plan covers 20 or more employees, federal COBRA applies, and a person who leaves can keep the coverage for 18 months after a job loss by paying the full premium. Under 20, Maryland State Continuation takes its place: 18 months after a job loss, 18 months for a surviving spouse and dependents, and no fixed end date for a divorced spouse (Employer Guide, pages 20 to 21). Either way the former employee is billed directly, not on your group invoice. The notices are on you, and this is one more piece of paperwork that routes 2 and 3 do not carry, because the person owns the policy and takes it with them when they go.
Not under 50 full-time equivalent employees, and there is no penalty for skipping it. At 50 or more, the federal employer mandate applies. For 2026 the IRS set the penalties at $3,340 per full-time employee for not offering coverage and $5,010 when the coverage is unaffordable or falls short (Rev. Proc. 2025-26). Affordable means the employee's required contribution is no more than 9.96% of household income.
Per the federal MEPS-IC employer survey, published by KFF State Health Facts, for 2025 the average annual premium for private-sector employer coverage in Maryland was $8,760 for single, $18,373 for employee-plus-one, and $24,717 for family coverage. Employees paid an average of $2,065 of the single premium and $6,502 of the family premium. Those averages include employers of all sizes, so treat them as a benchmark, not a quote.
Under Maryland Insurance Article 31-101, a small employer is one that employed an average of not more than 50 employees during the preceding calendar year, counted on a full-time equivalent basis. To buy a small group plan you also need at least one common-law employee on payroll who is not the owner, a sole proprietor, or the owner's spouse. A one-person business or a husband and wife with no other employees cannot buy small group coverage.
The Maryland Insurance Administration approved an average small group increase of 4.9% for 2026, down from the 5.5% the carriers asked for. Every carrier was approved for an increase, ranging from 2.9% to 11.8%. HMO plans averaged 3.3%, EPO plans 10.4%, and PPO plans 10.8%. Source: Maryland Health Benefit Exchange and Maryland Insurance Administration briefing to the General Assembly, October 16, 2025.
No. Maryland employers are not mandated to contribute to their employees' health insurance. The one place a percentage shows up is the federal small business health care tax credit, which requires you to pay at least 50% of the employee-only premium of the reference plan. Outside of that, my advice is to pick a flat dollar amount per person that you can budget, and make sure it clears the carrier's minimum.
Maryland Health Connection for Small Business requires at least 60% of eligible employees to enroll, though employees with other coverage such as a spouse's plan, Medicare, Medicaid, or a parent's plan are left out of the count. Each year from November 15 to December 15, an employer that cannot meet the participation or contribution rules can still enroll for a January 1 start. Outside that window, a pre-established ERISA group plan or customized individual plans can cover the people who want coverage without a participation test.
Not a traditional Maryland small group plan, because the state requires at least one common-law employee who is not the owner or the owner's spouse. A solo owner can instead be merged into a pre-established ERISA group plan, with group rates and a true nationwide PPO network, or buy a customized individual plan. Maryland allows medically underwritten individual plans, so a healthy owner can be priced on their own health.
Pick a slot below and it lands on both our calendars. Phone or Zoom, plan documents on the screen, real numbers side by side. I educate, you decide.