Individual Market Assistance
Section § 100800
This law establishes a program to help low and middle-income Californians afford health care through financial assistance. It is available to those with incomes up to 600% of the federal poverty level and includes various subsidies to make health care more accessible.
The Exchange is responsible for designing the program each year, depending on the funds appropriated by the Legislature, with a specific funding amount set for 2024 and intentions for future funding. The program design process does not follow the usual Administrative Procedure Act, and any urgent resolutions can be adopted immediately with certain approvals.
Stakeholders and the public have opportunities to provide input on the program's design.
Section § 100805
This section pertains to premium assistance subsidies provided to California residents. These subsidies can be advanced to participants based on their projected household income and family size, with adjustments made later if needed. Importantly, only residents eligible for federal premium tax credits can receive these subsidies, but they aren't limited by the same income requirements. Also, the subsidies don't count as gross income for tax purposes.
Section § 100810
This law requires people who receive advance premium assistance for health coverage to settle the difference between what they received and what they actually qualify for based on their real income and family size. If they received less help than they should have, they get a refund; if they received too much, they owe the difference back, but only up to a certain limit. Those responsible must include the refund or the debt on their tax returns. If filing jointly, both spouses share the responsibility to pay back any excess. California tax law procedures apply to collecting these debts, and the state may use various enforcement methods, like audits, to ensure compliance.
Section § 100815
This section of the law defines key terms related to healthcare financial assistance in California. It explains what a 'coverage year' is and defines 'dependent' based on tax code. It covers the meaning of '/Exchange/', which refers to the California Health Benefit Exchange, also known as Covered California. The law outlines that 'family size', 'federal poverty level', 'household income', and 'modified adjusted gross income' are defined within the specific program's design under Section 100800. It also clarifies who 'program participants' are, the meaning of 'qualified health plan', and identifies the 'responsible individual' for a program participant. Lastly, it distinguishes between 'actual' and 'projected' household income or family size for a coverage year.
Section § 100820
This section describes how the Exchange and the Franchise Tax Board can create rules and regulations to implement certain health care programs, in collaboration with each other. The Exchange can set rules as long as they align with previously determined program designs. Similarly, the Franchise Tax Board can establish regulations to make these programs work, ensuring they fit with existing designs and rules.
The usual process for creating regulations doesn't apply here, meaning these bodies can issue guidance more flexibly. Existing regulations from the California Code and the Internal Revenue Code can also apply, but only if they don't conflict with the new or existing rules set by the Exchange or the Franchise Tax Board.
Section § 100825
This section clarifies that the law does not establish any entitlement program or require any financial obligations. It doesn’t allocate any money, demand that the Legislature allocate money, or change the amount of taxes someone owes.