California Code of Regulations
Title 10 - Investment
Chapter 12 - California Health Benefit Exchange
Article 5 - Application, Eligibility, and Enrollment Process for the Individual Exchange
Section 6474 - Eligibility Requirements for APTC and CSR

Universal Citation: 10 CA Code of Regs 6474

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Those individuals who apply to receive APTC and CSR shall meet the eligibility requirements of this section in addition to the requirements of Section 6472, except for the requirements specified in Section 6472(f) relating to enrollment in a catastrophic QHP.

(b) For purposes of this section, household income has the meaning given the term in Section 36B(d)(2) of IRC (26 USC § 36B(d)(2)) and in 26 CFR Section 1.36B-1(e).

(c) Eligibility for APTC.

(1) A tax filer shall be eligible for APTC if:
(A) Tax filer is an "applicable taxpayer" as defined in section 36B(c)(1) of IRC (26 USC § 36B(c)(1)) and 26 CFR Section 1.36B-2(b) for the benefit year for which coverage is requested; and

(B) One or more applicants for whom the tax filer expects to claim a personal exemption deduction on their tax return for the benefit year, including the tax filer and their spouse:
1. Meets the requirements for eligibility for enrollment in a QHP that is not a catastrophic plan through the Exchange, as specified in subdivisions (a) through (e) of Section 6472;

2. Is not eligible for MEC for the full calendar month for which APTC would be paid, with the exception of coverage in the individual market, in accordance with section 36B(c)(2)(B) and (C) of IRC (26 USC § 36B(c)(2)(B), (C)) and 26 CFR Section 1.36B-2(a)(2) and (c); and

3. Is enrolled in a QHP that is neither a catastrophic plan nor a QDP through the Exchange.

(2) A non-citizen tax filer who is lawfully present and ineligible for Medi-Cal by reason of immigration status, and is not otherwise eligible for APTC under subdivision (c)(1) of this section, shall be eligible for APTC if:
(A) Tax filer meets the requirements specified in subdivision (c)(1) of this section, except for subdivision (c)(1)(A);

(B) Tax filer is expected to have a household income of less than 100 percent of the FPL for the benefit year for which coverage is requested; and

(C) One or more applicants for whom the tax filer expects to claim a personal exemption deduction on their tax return for the benefit year, including the tax filer and their spouse, is a non-citizen who is lawfully present and ineligible for Medi-Cal by reason of immigration status, in accordance with section 36B(c)(1)(B) of IRC (26 USC § 36B(c)(1)(B)) and in 26 CFR Section 1.36B-2(b)(5).

(3) Tax filer shall not be eligible for APTC if:
(A) HHS notifies the Exchange, as part of the verification process described in Sections 6482 through 6486, that APTC was made on behalf of either the tax filer or spouse, if the tax filer is a married couple, for two consecutive years for which tax data would be used to verify household income and family size in accordance with Section 6482(d) and (e); and

(B) The tax filer or the tax filer's spouse did not:
1. Comply with the requirement to file an income tax return for that year and for the previous year, as required by Sections 6011 and 6012 of IRC (26 USC §§ 6011, 6012) and implementing regulations; and

2. Reconcile APTC for that period.

(4) The APTC amount shall be calculated in accordance with section 36B of IRC (26 USC § 36B), 26 CFR Section 1.36B-3 (July 26, 2017), hereby incorporated by reference, and subdivision (c)(7) of this section.

(5) An application filer shall provide the SSN of a tax filer who is not an applicant only if an applicant attests that the tax filer has a SSN and filed a tax return for the year for which tax data would be used to verify household income and family size.

(6) Notwithstanding the requirements in subdivision (c)(3) of this section, the Exchange shall not deny eligibility for APTC under that subdivision unless the Exchange first sends direct notification to the tax filer, consistent with the standards set forth in Section 6454, that their eligibility will be discontinued as a result of the tax filer's failure to comply with the tax filing requirement specified under subdivision (c)(3) of this section.

(7) The APTC amount for an enrollee who is enrolled in a policy for less than the full coverage month, including when the enrollee is enrolled in multiple policies within a month, each lasting less than the full coverage month, shall equal the product of:
(A) The APTC amount for one month of coverage divided by the number of days in the month; and

(B) The number of days for which coverage is being provided in the month described in paragraph (7)(A) of this subdivision.

(d) Eligibility for CSR.

(1) An applicant shall be eligible for CSR if the applicant:
(A) Meets the eligibility requirements for enrollment in a QHP through the Exchange, as specified in Section 6472;

(B) Meets the requirements for APTC, as specified in subdivision (c) of this section; and

(C) Is expected to have a household income that does not exceed 250 percent of the FPL for the benefit year for which coverage is requested.

(2) The Exchange may only provide CSR to an enrollee who is not an Indian if they are enrolled through the Exchange in a silver-level QHP, as defined by section 1302(d)(1)(B) of the Affordable Care Act.

(3) The Exchange shall use the following eligibility categories for CSR when making eligibility determinations under this section:
(A) An individual who is expected to have a household income:
1. Greater than or equal to 100 percent of the FPL and less than or equal to 150 percent of the FPL for the benefit year for which coverage is requested, or

2. Less than 100 percent of the FPL for the benefit year for which coverage is requested, if they are eligible for APTC under subdivision (c)(2) of this section;

(B) An individual is expected to have a household income greater than 150 percent of the FPL and less than or equal to 200 percent of the FPL for the benefit year for which coverage is requested; or

(C) An individual who is expected to have a household income greater than 200 percent of the FPL and less than or equal to 250 percent of the FPL for the benefit year for which coverage is requested.

(4) If an enrollment in a QHP under a single family policy covers two or more individuals, the Exchange shall deem the individuals under such family policy to be collectively eligible only for the last category of eligibility listed below for which all the individuals covered by the family policy would be eligible:
(A) Not eligible for CSR;

(B) Section 6494(a)(3) and (4) Special CSR eligibility standards and process for Indians regardless of income;

(C) Subdivision (d)(3)(C) of this section;

(D) Subdivision (d)(3)(B) of this section;

(E) Subdivision (d)(3)(A) of this section; or

(F) Section 6494(a)(1) and (2) Special CSR eligibility standards and process for Indians with household incomes under 300 percent of FPL.

Note: Authority cited: Section 100504, Government Code. Reference: Sections 100502 and 100503, Government Code; 26 USC Section 36B; 26 CFR Sections 1.36B-1, 1.36B-2, 1.36B-3; and 45 CFR Sections 155.305 and 155.340.

Note: Authority cited: Section 100504, Government Code. Reference: Sections 100502 and 100503, Government Code; 26 USC Section 36B; 26 CFR Sections 1.36B-1, 1.36B-2, 1.36B-3; and 45 CFR Sections 155.305 and 155.340.

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