Legal Update: IRS Proposes Change to Family Coverage Affordability Rules

photograph of a family smiling on a white bed

On April 5, 2022, the IRS released a proposed rule that would change the existing rules for eligibility for the premium tax credit (PTC). The PTC is available to eligible individuals who purchase health insurance coverage through the Exchange. Individuals who have access to affordable, minimum value employer sponsored coverage are not eligible for the PTC.

Coverage would be affordable for family members if the employee’s required contribution for family coverage does not exceed 9.5% of household income.

Highlights:

  • The proposed rule addresses eligibility for the premium tax credit, which is available for Exchange health coverage.
  • The rule would provide that affordability of employer-sponsored coverage for family members is determined based on the cost of family coverage.
  • This rule is in proposed form and will not take effect unless and until it is finalized.

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