Section § 100800

Explanation

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.

(a)CA Government Code § 100800(a) The Exchange shall administer a program of financial assistance to help low-income and middle-income Californians access affordable health care coverage through the Exchange.
(b)CA Government Code § 100800(b) The program may provide financial assistance to California residents with household incomes at or below 600 percent of the federal poverty level, and may provide other appropriate subsidies designed to make health care coverage more accessible and affordable for individuals and households.
(c)CA Government Code § 100800(c) Upon appropriation by the Legislature, the Exchange shall adopt, and may amend, an annual program design for each coverage year to implement this section by resolution of the board of the Exchange. The resolution shall be adopted at a duly noticed meeting.
(1)CA Government Code § 100800(c)(1) A resolution adopted pursuant to this section shall not take effect until 10 days after notification in writing to the Joint Legislative Budget Committee.
(2)CA Government Code § 100800(c)(2) The requirements of paragraph (1) may be waived by the written consent of the Chair of the Joint Legislative Budget Committee to adopt a resolution that is deemed urgent. A resolution adopted pursuant to this paragraph shall take immediate effect.
(3)CA Government Code § 100800(c)(3)  The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) shall not apply to the program design or a resolution adopted pursuant to this section.
(d)CA Government Code § 100800(d) The program design adopted for a coverage year shall be based on funds appropriated to the program for that coverage year. An appropriation made for the program shall contain provisional language directing the Exchange to provide a certain proportion of the funds to specified income ranges as determined by the Legislature and may provide other parameters guiding the design of the program.
(1)CA Government Code § 100800(d)(1) Pursuant to the Budget Act of 2023, the program shall be funded at an amount up to eighty-two million five hundred thousand dollars ($82,500,000) for coverage year 2024.
(2)CA Government Code § 100800(d)(2) It is the intent of the Legislature, beginning in the 2024–25 fiscal year, to appropriate up to one hundred sixty-five million dollars ($165,000,000) in the annual Budget Act to the program for each coverage year of the program after coverage year 2024.
(e)CA Government Code § 100800(e) The Exchange shall provide appropriate opportunities for stakeholders and the public to consult in the design of the program.

Section § 100805

Explanation

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.

(a)CA Government Code § 100805(a) A premium assistance subsidy provided by the program shall be able to be advanced to program participants and shall be remitted by the Exchange to a qualified health plan issuer, based on the program participant’s projected household income, family size, and other factors determined pursuant to the program design and subject to reconciliation against actual household income, family size, and other factors determined pursuant to the program design as provided in Section 100810.
(b)CA Government Code § 100805(b) A premium assistance subsidy provided by the program shall be provided only to a California resident who is eligible for the federal premium tax credit authorized under Section 36B of the Internal Revenue Code, except that premium assistance subsidy shall not be subject to the income requirements of that section.
(c)CA Government Code § 100805(c) Gross income, as defined in Section 17071 of the Revenue and Taxation Code, does not include an amount received as a premium assistance subsidy provided by the program.

Section § 100810

Explanation

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.

(a)CA Government Code § 100810(a) A responsible individual shall reconcile premium assistance subsidies advanced pursuant to subdivision (a) of Section 100805 to the responsible individual or the responsible individual’s dependents with the premium assistance subsidies allowed based on actual household income, family size, and other factors determined pursuant to the program design for a coverage year during which the responsible individual or the responsible individual’s dependents received an advanced premium assistance subsidy, as follows:
(1)CA Government Code § 100810(a)(1) If a program participant’s allowed premium assistance subsidies for the taxable year exceed the program participant’s advanced premium assistance subsidies, the program participant may receive the excess as a premium assistance subsidy reconciliation refund. The Franchise Tax Board shall remit the refund to the program participant, less any taxes, fees, and penalties the program participant owes to the state. If a program participant is a dependent, the Franchise Tax Board shall remit the refund to the responsible individual, less any taxes, fees, and penalties the responsible individual or program participant owes to the state.
(2)CA Government Code § 100810(a)(2) If a program participant’s advanced premium assistance subsidies for the taxable year exceed the program participant’s allowed premium assistance subsidies, the program participant shall have a liability in the amount equal to the excess of the advanced premium assistance subsidies over the program participant’s allowed premium assistance subsidies as a reconciliation liability, up to a limit specified by the program design. The program design may vary that limit based on household income.
(3)CA Government Code § 100810(a)(3) The responsible individual shall reconcile premium assistance subsidies in accordance with this section, and shall include the liability imposed by this section or the premium assistance subsidy reconciliation refund on a return filed pursuant to Chapter 2 (commencing with Section 18501) of Part 10.2 of the Revenue and Taxation Code for the taxable year.
(4)CA Government Code § 100810(a)(4) If a program participant with a liability imposed by this section is a dependent, the responsible individual shall be solely liable for that liability of the dependent.
(5)CA Government Code § 100810(a)(5) If a responsible individual with a liability imposed by this section files a joint return for the taxable year, the responsible individual and the spouse or domestic partner of the responsible individual shall be jointly and severally liable for that liability.
(6)CA Government Code § 100810(a)(6) Notwithstanding the return filing thresholds requirements in Chapter 2 (commencing with Section 18501) of Part 10.2 of the Revenue and Taxation Code, a responsible individual shall file a California income tax return with the Franchise Tax Board for the purpose of reconciliation as required under this section.
(b)CA Government Code § 100810(b) The Franchise Tax Board’s civil authority and procedures for purposes of compliance with notice and other due process requirements imposed by law to collect income taxes shall be applicable to the collection of the premium assistance subsidy reconciliation liability due pursuant to subdivision (a). The amount due shall be paid upon notice and demand by the Franchise Tax Board and shall be assessed and collected pursuant to Part 10.2 (commencing with Section 18401) of the Revenue and Taxation Code.
(c)CA Government Code § 100810(c) The Franchise Tax Board shall integrate enforcement of the liability imposed pursuant to subdivision (a) into existing activities, protocols, and procedures, including audits, enforcement actions, and taxpayer education efforts.

Section § 100815

Explanation

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.

For purposes of this title:
(a)CA Government Code § 100815(a) “Coverage year” means a calendar year in which a program participant, or the program participant’s spouse, domestic partner, or dependent, received financial assistance pursuant to this title.
(b)CA Government Code § 100815(b) “Dependent” means a dependent, as defined in Section 17056 of the Revenue and Taxation Code
(c)CA Government Code § 100815(c) “Exchange” means the California Health Benefit Exchange, also known as Covered California, established pursuant to Title 22 (commencing with Section 100500).
(d)CA Government Code § 100815(d) “Family size” shall be defined in the program design adopted pursuant to Section 100800.
(e)CA Government Code § 100815(e) “Federal poverty level” shall be defined in the program design adopted pursuant to Section 100800.
(f)CA Government Code § 100815(f) “Household income” shall be defined in the program design adopted pursuant to Section 100800.
(g)CA Government Code § 100815(g) “Modified adjusted gross income” shall be defined in the program design adopted pursuant to Section 100800.
(h)CA Government Code § 100815(h) “Program” means Individual Market Assistance established pursuant to Section 100800.
(i)CA Government Code § 100815(i) “Program participant” means an individual eligible to receive financial assistance pursuant to this title.
(j)CA Government Code § 100815(j) “Qualified health plan” has the same meaning as defined in Section 1301 of the federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the federal Health Care and Education Reconciliation Act of 2010 (Public Law 111-152).
(k)CA Government Code § 100815(k) “Responsible individual” means a program participant or an individual with a dependent who is a program participant. With respect to a dependent, “responsible individual” means the individual who claims the dependent as a dependent.
(l)CA Government Code § 100815(l) With respect to a program participant’s household income or size:
(1)CA Government Code § 100815(l)(1) “Actual” means the household income or family size determined to have applied for the coverage year in accordance with the program design adopted pursuant to Section 100800.
(2)CA Government Code § 100815(l)(2) “Projected” means the household income or family size projected for the coverage year in accordance with the program design adopted pursuant to Section 100800.

Section § 100820

Explanation

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.

(a)CA Government Code § 100820(a) The Exchange may, in consultation with the Franchise Tax Board, promulgate rules and regulations as necessary to implement this title that are consistent with the program design adopted pursuant to Section 100800.
(b)CA Government Code § 100820(b) The Franchise Tax Board may, in consultation with the Exchange, adopt regulations that are necessary and appropriate to implement Section 100810 and that are consistent with the program design adopted pursuant to Section 100800 and regulations adopted by the Exchange pursuant to this section.
(c)CA Government Code § 100820(c)  The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) shall not apply to a regulation, standard, criterion, procedure, determination, rule, notice, guideline, or any other guidance established or issued by the Exchange or Franchise Tax Board pursuant to this title.
(d)CA Government Code § 100820(d) In construing this title, the regulations promulgated by the Exchange under Title 10 of the California Code of Regulations shall apply to the extent that those regulations do not conflict with this title, the program design adopted pursuant to Section 100800, regulations promulgated by the Exchange pursuant to this section, and regulations promulgated by the Franchise Tax Board pursuant to this section.
(e)CA Government Code § 100820(e) It is the intent of the Legislature that, in construing this title, the regulations promulgated under Section 36B of the Internal Revenue Code shall apply to the extent that those regulations do not conflict with this title or regulations promulgated by the Exchange pursuant to subdivision (a) or Franchise Tax Board pursuant to subdivision (b).

Section § 100825

Explanation

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.

This title shall not be construed to create an entitlement program of any kind, to appropriate any funds, to require the Legislature to appropriate any funds, or to increase or decrease taxes owed by a taxpayer.