The Treasury Department and Internal Revenue Service published proposed regulations on October 15 that would change how eligibility for Affordable Care Act marketplace premium tax credits is verified and administered. The notice affects taxpayers who enroll themselves or a family member in individual coverage through a Health Insurance Exchange and may qualify for the refundable credit.
The agencies say the proposal implements statutory changes to eligibility, verification, credit calculations, and repayment of excess advance credits. The IRS summary says that beginning in 2027, eligibility would be limited to U.S. citizens, U.S. nationals, and certain lawfully present noncitizens, while additional verification criteria would apply to advance payments.
The rule is still proposed. Electronic and written comments are due November 30. A telephonic public hearing is scheduled for December 8 at 10 a.m. Eastern time, unless it is cancelled because no one submits a timely request to speak.