§ 6055. Reporting of health insurance coverage

• (a) Every person who provides minimum essential coverage to an individual during a calendar year shall, at such time as the Secretary may prescribe, make a return described in subsection (b).
• (b)
  • (1) A return is described in this subsection if such return—
    • (A) is in such form as the Secretary may prescribe, and
    • (B) contains—
      • (i) the name, address and TIN of the primary insured and the name and TIN of each other individual obtaining coverage under the policy,
      • (ii) the dates during which such individual was covered under minimum essential coverage during the calendar year,
      • (iii) in the case of minimum essential coverage which consists of health insurance coverage, information concerning—
        • (I) whether or not the coverage is a qualified health plan offered through an Exchange established under section 1311 of the Patient Protection and Affordable Care Act, and
        • (II) in the case of a qualified health plan, the amount (if any) of any advance payment under section 1412 of the Patient Protection and Affordable Care Act of any cost-sharing reduction under section 1402 of such Act or of any premium tax credit under section 36B with respect to such coverage, and
      • (iv) such other information as the Secretary may require.
  • (2) If minimum essential coverage provided to an individual under subsection (a) consists of health insurance coverage of a health insurance issuer provided through a group health plan of an employer, a return described in this subsection shall include—
    • (A) the name, address, and employer identification number of the employer maintaining the plan,
    • (B) the portion of the premium (if any) required to be paid by the employer, and
    • (C) if the health insurance coverage is a qualified health plan in the small group market offered through an Exchange, such other information as the Secretary may require for administration of the credit under section 45R (relating to credit for employee health insurance expenses of small employers).
• (c)
  • (1) Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing—
    • (A) the name and address of the person required to make such return and the phone number of the information contact for such person, and
    • (B) the information required to be shown on the return with respect to such individual.
  • (2) The written statement required under paragraph (1) shall be furnished on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.
  • (3) For purposes of this subsection, any person required to make a return under subsection (a) shall be treated as timely furnishing the written statement required under paragraph (1) if—
    • (A) such person provides clear, conspicuous, and accessible notice (at such time and in such manner as the Secretary may provide) that any individual to whom a statement would otherwise be required to be furnished under paragraph (1) may request a copy of such statement, and
    • (B) such person, on request of any such individual, furnishes a copy of such statement to such individual not later than the later of—
      • (i) January 31 of the year following the calendar year for which the return under subsection (a) was required to be made, or
      • (ii) 30 days after the date of such request.
  • (3) An individual shall be deemed to have consented to receive the statement under this subsection in electronic form if such individual has affirmatively consented at any prior time, to the person required to make such statement, to receive such statement in electronic form. The preceding sentence shall not apply if the individual revokes such consent in writing.
• (d) In the case of coverage provided by any governmental unit or any agency or instrumentality thereof, the officer or employee who enters into the agreement to provide such coverage (or the person appropriately designated for purposes of this section) shall make the returns and statements required by this section.
• (e) For purposes of this section, the term “minimum essential coverage” has the meaning given such term by section 5000A(f).