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We offer top hat medical plan. Can we set up ICHRA?

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Sabrina1, would depend on factors you have not stated. Top-hat vs. non-top-hat group is not one of the permitted classifications, but if this fell out along permitted lines, such as salaried vs. hourly, full-time vs. part-time, it might be workable. And you would need to meet the minimum class size rules as well.

Luke Bailey

Senior Counsel

Clark Hill PLC

214-651-4572 (O) | LBailey@clarkhill.com

2600 Dallas Parkway Suite 600

Frisco, TX 75034

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