Your Insurance Detective › Virginia › Small business health insurance
Written and reviewed by Dick Tracy, licensed health insurance broker (NPN 20414610) · Published October 3, 2026
Quick answer Virginia 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. Virginia's small group market covers employers with 1 to 50 employees and asks no health questions. Average employer coverage in Virginia costs $8,970 a year for single coverage and $27,257 for a family (MEPS-IC, 2025, all firm sizes). For 2027, the state approved small group rate increases from 7.6% to 20.7%, depending on the company. A group plan is not the only way to take care of your people. I educate, you decide.
I'm Dick Tracy, a health insurance broker. I'm licensed in Virginia (NPN 20414610), one of 25 states I hold a license in, and I work with 80+ carriers. I am not local and I won't pretend to be: my office is in Buffalo, New York, and I work with Virginia 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 Virginia 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: Code of Virginia 38.2-3431; AHRQ MEPS-IC via KFF State Health Facts, 2025; Virginia State Corporation Commission, Bureau of Insurance, 2027 ACA Small Group Market Rate Summary, as of September 16, 2026.
With fewer than 50 full-time equivalent employees (FTEs), no. Virginia's own exchange puts it plainly: "you're not required to provide insurance to your employees," and "there's no penalty if you don't" (Virginia's Insurance Marketplace). The federal duty to offer coverage starts at "an average of at least 50 full-time employees (including full-time-equivalent employees)" in the prior year (IRS). Part-time hours count toward that 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 | Virginia's statute is unusual here. 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. |
| An average of 50 or more full-time and FTE employees | Yes, federal mandate | The 2026 penalties and the affordability test below. |
Sources: Code of Virginia 38.2-3431 (small employer: an average of at least one but not more than 50 employees in the preceding calendar year, and at least one employee on the first day of the plan year); IRS, employer shared responsibility provisions.
At 50 or more, the 2027 IRS numbers: the penalty for not offering coverage is $3,780 per full-time employee for the year. The penalty when the coverage you offer is unaffordable or falls short is $5,670 per affected employee (IRS Rev. Proc. 2026-22). For 2026 those were $3,340 and $5,010 (IRS Rev. Proc. 2025-26). "Affordable" has a number too: for 2027 plan years it is 10.22% (IRS Rev. Proc. 2026-26), and 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 for a Virginia group plan: the statute defines an eligible employee as someone who works full time, with "a normal work week of 30 or more hours." You can choose to include part-time people too. The statute leaves that to "the employer's sole discretion."
Virginia's statute says, in six words, "Small employer" includes a self-employed individual. It defines that person as a sole proprietor who files a Schedule C or F and earns a substantial portion of their income from the business (Code of Virginia 38.2-3431). The exchange's small business program is stricter: for its plans, owners, partners, and family members do not count as employees. So whether a company will write a group of one for you is a question I put to the company in writing, case by case.
What else can that owner do? First, a pre-established ERISA group plan: a solo owner is merged into a group plan that already exists, with group rates, a true nationwide PPO network of the PHCS and MultiPlan type, and a policy you own. No employees required. Here is the ERISA cheat code, explained. Second, a customized individual plan. The doors for a solo owner are on my self-employed in Virginia page.
Here is the honest anchor: average annual premiums for private-sector employer coverage in Virginia, from the federal employer survey. They cover employers of all sizes, so this is a benchmark, not a quote.
| Coverage tier (2025) | Virginia total | Employee pays | Employer pays | US total |
|---|---|---|---|---|
| Single | $8,970 | $2,054 | $6,916 | $9,025 |
| Employee-plus-one | $17,453 | $4,979 | $12,474 | $17,901 |
| Family | $27,257 | $8,692 | $18,565 | $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 $748, with the employee paying about $171 of it. Family coverage runs about $2,271 a month, with the employee paying about $724. Virginia is just under the national average on single coverage and about 4% above it on family. Watch that family number. Virginia employees pay $8,692 a year toward family coverage, against $7,314 nationally. The employer still carries $6,916 a year per person on single coverage alone.
What does the employer have to contribute? For plans sold through the exchange's small business program, the state says you "choose how much you pay toward your employees' premiums," and at least 70% of the employees you offer coverage to have to enroll (Virginia's Insurance Marketplace). Off the exchange, the contribution and participation numbers come from the company. Get that rule in writing before you quote. My advice on a group plan: pick a flat dollar amount per person, not a percentage of premium, as long as it clears the company's contribution minimum. If you want the tax credit, the IRS requires a uniform percentage of at least 50%. 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.
Virginia companies file small group rates with the State Corporation Commission's Bureau of Insurance every year, and the Bureau has to approve them. On August 27, 2026, the Commission said insurers were asking for an average small group increase of 11.7% for 2027 (State Corporation Commission). The Bureau's rate summary, dated September 16, 2026, shows what was approved: increases from 7.6% to 20.7%, depending on the company. Eight of the eleven were approved at the highest rate the company requested. The year before, insurers asked for an average of 11.2% (State Corporation Commission, August 7, 2025), and the approved 2026 changes ran from 1.4% to 15.6%.
| Company filing small group in Virginia | Where filed for 2027 | 2026 approved | 2027 requested | 2027 approved |
|---|---|---|---|---|
| Anthem Health Plans of Virginia | All areas; off SHOP only | 15.6% | 8.3% | 8.1% |
| CareFirst BlueChoice | Washington area only; on and off SHOP | 1.4% | 11.9% | 11.9% |
| Group Hospitalization and Medical Services | Washington area only; on and off SHOP | 2.2% | 19.4% | 19.4% |
| HealthKeepers | All areas; off SHOP only | 15.6% | 8.2% | 8.1% |
| Kaiser Foundation Health Plan of the Mid-Atlantic States | Washington, Richmond, and non-metro areas; on and off SHOP | 8.1% | 7.6% | 7.6% |
| Optimum Choice | All areas; off SHOP only | 8.9% | 15.5% | 15.5% |
| Sentara Health Insurance Company | All areas; off SHOP only | 11.9% | 19.3% | 19.3% |
| Sentara Health Plans | All areas; off SHOP only | 11.9% | 22.2% | 20.7% |
| UnitedHealthcare Insurance Company | All areas; off SHOP only | 8.1% | 14.6% | 14.6% |
| UnitedHealthcare of the Mid-Atlantic | All areas; off SHOP only | 9.1% | 16.0% | 16.0% |
| UnitedHealthcare Plan of the River Valley | All areas; off SHOP only | 12.5% | 15.5% | 15.5% |
Source: Virginia State Corporation Commission, Bureau of Insurance, 2027 ACA Small Group Market Rate Summary (as of September 16, 2026) and 2026 ACA Small Group Market Rate Summary (as of October 2, 2025). "Approved" is the Bureau's "Final Avg. Rate Change Approved" column. "Requested" is the highest rate change the company requested during the review. "Where filed" is the Bureau's MSA and SHOP columns for 2027. The list is alphabetical and is not a recommendation.
The eleven filings project 243,684 covered lives for 2027. Weight each approved increase by its company's projected lives and the average comes to about 11.6%. That total and that average are my arithmetic on the Bureau's table, not figures the state published. One more piece of my own math: a plan that took 15.6% for 2026 and 8.1% for 2027 is up about 25% in two years. On that track a $748 monthly premium becomes about $935. That is an illustration, not a quote.
How a small group plan is priced: no health questions. 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 or claims history. The oldest adult rate can be no more than three times the youngest. A young, healthy team gets credit for being young and zero credit for being healthy, which is why a small group quote is often too expensive for them.
There is no single best plan, only a best route for your team. 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 Virginia small group policy from an insurance company | 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 1 to 50 employees. Owner-only businesses: ask the company in writing. | 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. Marketplace plans ask none. |
| Network | Depends on the company and plan | True nationwide PPO (PHCS and MultiPlan type) | Chosen person by person, around their own doctors |
| Employer rules | Company participation and contribution minimums. Federal COBRA at 20 or more employees, Virginia's 12-month continuation rule under that. | One simple compliance step I walk you through. | No group plan to administer. Each person owns their own policy. Call me and I walk you through it. |
| Policy owner | The employer holds the group contract | The person | The person |
| Usually fits | Older teams, teams with health conditions, owners who want one plan for everyone | 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: Code of Virginia 38.2-3431, 38.2-3541, 45 CFR 147.104 (guaranteed availability). 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, especially for a young, healthy crew of 2 to 15. A couple of years ago I saved a business over $30,000 in a year by putting the routes side by side.
The Bureau of Insurance sorts Virginia into 12 rating areas: eleven metro areas and one for everywhere else. Under the federal rule, a small group is priced by the rating area of the business's principal address, not where each employee lives. The Bureau's 2027 table also shows which areas each company filed for.
| Rating area | Small group filings for 2027 |
|---|---|
| Washington, Arlington, Alexandria (Area 10) | All eleven. Two of them filed for this area only. |
| Richmond (Area 7) | The eight statewide filings, plus one more |
| Virginia Beach and Norfolk (Area 9) | The eight statewide filings |
| Outside the metro areas (Area 12) | The eight statewide filings, plus one more |
Sources: Bureau of Insurance, 2027 ACA Small Group Market Rate Summary and Virginia Rating Areas map; 45 CFR 147.102 ("in the small group market, using the group policyholder's principal business address"). The Bureau's own caution: a company filing in an area "does not indicate the carrier participates in the entire" area.
So the same crew can be priced differently from an office in Arlington, a shop in Richmond, and a yard in Chesapeake. Which companies will quote your address is something I check case by case, and I don't recommend one over another on a web page. I don't have a Virginia office, and I won't build a fake page for every city. One page, real numbers, and a phone or Zoom call when you want your own.
Price routes 2 and 3 against a traditional group quote. 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 rule before you quote. Federal rules give a small employer that cannot meet it an annual window, November 15 through December 15, when a company has to take the group anyway (45 CFR 147.104). 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: they have to check the network for their doctors, and the income estimate has to be right. The income lines are on my Virginia income limits page.
SHOP is the small business side of the exchange, and Virginia's works differently than most people expect. There is no enrollment window, and you enroll with the insurance company directly or through a SHOP-registered agent. To qualify, the state says you need 1 to 50 FTEs, a main address in Virginia, an offer to every full-time employee, at least 70% of the people you offer it to enrolled, and a self-attestation form. Owners, partners, family members, and 1099 contractors do not count as employees.
The menu is short. In the Bureau's 2027 table, three of the eleven small group filings are marked on and off SHOP: two in the Washington area only, and one in the Washington and Richmond areas and outside the metro areas. The other eight are off SHOP only. The rate table above shows which is which.
That matters for the Small Business Health Care Tax Credit. The state's page says it flat: "Enrolling in a SHOP plan is the only way a small business or nonprofit can claim the Small Business Health Care Tax Credit." The IRS rules on top of that: fewer than 25 FTEs, average wages under an inflation-adjusted limit (for tax years beginning in 2026 the credit starts to shrink once average wages pass $34,100 and is gone at double that, per IRS Rev. Proc. 2025-32), and a uniform employer contribution of at least 50% of the premium. The credit is worth up to 50% of the premiums you pay (35% for a tax-exempt employer), for two consecutive tax years (IRS Form 8941 instructions). So in Hampton Roads or Roanoke, where the table shows no SHOP filing, I would not count on the credit. Ask your tax professional before you budget around it.
Sources: Virginia's Insurance Marketplace, small business employers; Bureau of Insurance, 2027 ACA Small Group Market Rate Summary; IRS Instructions for Form 8941 (2025).
A group plan comes with an exit rule. Federal COBRA does not apply to a plan when the employer "normally employed fewer than 20 employees" in the prior year (29 U.S.C. 1161). Virginia fills that gap. A group policy issued in Virginia that is not under COBRA has to let a person who loses eligibility keep the coverage for 12 months, with no health questions. The conditions: the person was covered for the three months before, applies and pays within 31 days of your written notice and no later than 60 days after eligibility ends, and pays the group rate plus an administrative fee of no more than 2%. You owe that written notice within 14 days of learning about the loss. Someone fired for gross misconduct does not get it (Code of Virginia 38.2-3541). On routes 2 and 3 the person owns the policy, so ask me how leaving the company works on each one.
Not with fewer than 50 full-time equivalent employees, and there is no penalty for skipping it. At an average of 50 or more full-time and full-time equivalent employees, the federal employer mandate applies. For 2027 the IRS penalties are $3,780 per full-time employee for not offering coverage and $5,670 when the coverage is unaffordable or falls short (for 2026: $3,340 and $5,010). Affordable means the employee's required contribution is no more than 10.22% of household income for 2027 plan years (9.96% for 2026).
For 2025, the federal MEPS-IC employer survey put the average annual premium for employer coverage in Virginia at $8,970 for single, $17,453 for employee-plus-one, and $27,257 for family. Employees paid an average of $2,054 of the single premium and $8,692 of the family premium. Those averages cover employers of all sizes, so treat them as a benchmark, not a quote.
The Virginia Bureau of Insurance approved 2027 small group increases from 7.6% to 20.7%, depending on the company, per its rate summary dated September 16, 2026. Insurers had asked for an average of 11.7%, and eight of the eleven were approved at the highest rate the company requested. Weighted by each company's projected covered lives, the approved increases average about 11.6%, which is my arithmetic, not a state figure. Approved 2026 changes ran from 1.4% to 15.6%.
For plans sold through Virginia's small business exchange program, the state says the employer chooses how much to pay, and at least 70% of the employees offered coverage must enroll. Off the exchange, the contribution and participation rules come from the insurance company, so get them in writing. My advice on a group plan: pick a flat dollar amount per person that you can budget, not a percentage, as long as it clears the company's contribution minimum. If you want the tax credit, the IRS requires a uniform percentage of at least 50%.
On paper, Virginia is unusual: Code of Virginia 38.2-3431 says a small employer includes a self-employed individual, meaning a sole proprietor who files a Schedule C or F. The exchange's small business program does not count owners, partners, or family members, so ask the insurance company in writing whether it will write a group of one. A solo owner can also be merged into a pre-established ERISA group plan or buy a customized individual plan.
Only with a SHOP plan. Virginia's exchange says enrolling in a SHOP plan is the only way to claim the credit, and the state's 2027 rate table shows three SHOP filings: two in the Washington area only and one in the Washington and Richmond areas and outside the metro areas. The IRS also requires fewer than 25 full-time equivalent employees, average wages under its limit, and an employer contribution of at least 50%. Ask your tax professional.
Federal COBRA does not apply when the employer normally had fewer than 20 employees. Virginia law then requires the group policy to offer 12 months of continuation with no health questions, at the group rate plus an administrative fee of no more than 2%, to a person who was covered for the prior three months. The employer has to give written notice within 14 days.
It depends on the team. A small group plan cannot price on health, so a young, healthy crew pays the pool's average, and a pre-established ERISA group plan or customized individual plans often cost less. An older team, or one with a serious diagnosis, usually belongs in a traditional fully insured small group plan. Put all three routes side by side before you sign.
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.