(a) Except as provided by Section 1501.155, coverage is available under a small employer health benefit plan if at least 75 percent of a small employer’s eligible employees elect to participate in the plan.
(b) If a small employer offers multiple health benefit plans, the collective participation in those plans must be at least:
(1) 75 percent of the employer’s eligible employees; or
(2) if applicable, the lower participation level offered by the small employer health benefit plan issuer under Section 1501.155.

(c) A small employer health benefit plan issuer may elect not to offer a health benefit plan to a small employer that offers multiple health benefit plans if:
(1) the plans are provided by more than one issuer; and
(2) the issuer would have less than 75 percent of the employer’s eligible employees enrolled in the issuer’s plan.