What the SOEW Is
Each year, the ACA’s Special Open Enrollment Window (SOEW) lets small employers buy fully insured small group coverage without meeting the carrier’s usual employee participation or employer contribution requirements.
- When: November 15 – December 15
- Coverage starts: January 1 of the following year
The SOEW helps small businesses that can’t meet participation or contribution rules, often because employees decline coverage due to cost or because they have other coverage.
Key Rules
- Small group only. The SOEW applies to the fully insured small group market. There’s no equivalent window in the large group market.
- Only participation and contribution requirements are waived. Carriers’ other standard rules still apply, such as eligibility documentation and verifying that the business qualifies.
- Deadlines are firm. Carriers generally don’t accept late or incomplete submissions during the SOEW.
SOEW and the Employer Mandate
In states like California, where the small group market includes employers with up to 100 employees, an employer using the SOEW may also be an Applicable Large Employer (ALE).
Using the SOEW doesn’t change an ALE’s obligations under the employer mandate. An ALE may still owe a penalty if it doesn’t offer affordable, minimum value coverage to its full-time employees, and it still has annual reporting obligations.
Important: This information is provided for general educational purposes. It is not legal or tax advice. How these rules apply depends on each employer’s specific circumstances, so employers should review their situation with their own legal counsel, ERISA attorney, CPA or tax advisor.