Those regulations on penalties and exemptions for not buying insurance are not “final regulations” until after the comment period, which ends May 2, 2013 and a public hearing on May 29, 2013.
The IRS publication document can be found here, http://www.irs.gov/PUP/newsroom/REG-148500-12%20FR.pdf
Here’s how to comment
1. “Snail Mail,” or old fashioned paper letters and postcards –
CC:PA:LPD:PR (REG-148500-12), room 5203, Internal Revenue Service, PO Box 7604, Ben Franklin Station, Washington, DC 20044.
2. Hand-deliver your comments –
“Monday through Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG-148500-12), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue, NW., Washington, DC.”
3. Send comments by e-mail –
“electronically via the Federal eRulemaking Portal at http://www.regulations.gov (IRS REG-148500-12).”
4. In person at the public hearing:
“May 29, 2013, beginning at 10:00 a.m., in the Auditorium, Internal Revenue Building, 1111 Constitution Avenue, NW, Washington, DC.”
Are you under 65 with health insurance from a private or state retirement plan? Were you hoping your spouse might be eligible under the ACA to get health insurance in a “low cost” state exchange because your family income is under 400% of the federal poverty line? Proposed Treasury REG-148500-12 is probably bad news for you.
This proposed rule seeks to define both private and state retirement health insurance plans as “Eligible Employer-Sponsored Plans” and designate retirees who are in such plans as the equivalent of active employees for purposes of determining eligibility for participation in the low cost state insurance exchanges and for qualification for the new premium assistance tax credit.
If this proposed rule becomes final it means that spouses, of retirees who participate in retirement health plans, who are merely offered the opportunity to enroll in their spouse’s retirement health insurance plans, are barred from participation in the insurance exchanges and these retiree families are ineligible for the new premium assistance tax credit regardless of qualifying family income levels.
Proposed REG-148500-12 http://www.gpo.gov/fdsys/pkg/FR-2013-02-01/pdf/2013-02141.pdf