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IRS Issues Final Rule on the Individual Mandate

On August 27, the Internal Revenue Service (IRS) issued a final rule for the individual mandate provision of the Patient Protection and Affordable Care Act (PPACA).

As a reminder, the individual mandate requires most individuals to have minimum essential coverage in 2014 or pay a penalty. The penalty is called a shared responsibility payment. Some individuals may qualify for an exemption from the mandate so they will not be required to have coverage or pay a penalty. An individual seeking an exemption may do so in advance through an application submitted to the Exchange/Marketplace or after the fact with the IRS through the tax filing process. An applicant can apply for multiple exemptions simultaneously.

The final rule, which is largely consistent with the proposed regulations, confirms the following:

  • What qualifies as minimum essential coverage
  • What wasn’t addressed in regard to minimum essential coverage
  • Who is exempt from paying the penalty
  • How penalties will be determined and paid

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