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Text of Proposed IRS Regs: Shared Responsibility Payment for Not Maintaining Minimum Essential Coverage
Internal Revenue Service [IRS]
[Official Guidance] Jan. 30, 2013
"This document contains proposed regulations relating to the requirement to maintain minimum essential coverage enacted by the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010 ... These proposed regulations provide guidance on the liability for the shared responsibility payment for not maintaining minimum essential coverage.... The proposed regulations provide that employee includes a former employee. Thus, an individual eligible to enroll in retiree coverage under a group health plan that is an eligible employer-sponsored plan ... is treated as eligible to purchase minimum essential coverage under an eligible employer-sponsored plan under the same rules applicable to current employees.... [T]he proposed regulations provide that an individual eligible to enroll in continuation coverage required under Federal law, such as COBRA, or a comparable State law is eligible to purchase minimum essential coverage under an eligible employer-sponsored plan only if the individual enrolls in the coverage."
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