Is there still a penalty for being uninsured? | healthinsurance.org (2024)

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Home &gt FAQs &gt Is there still a penalty for being uninsured?

Author: Louise Norris | Date Posted: January 8, 2024

Is there still a penalty for being uninsured? | healthinsurance.org (1)

Key takeaways

  • The federal individual mandate penalty was eliminated at the end of 2018.
  • There is a penalty in New Jersey, DC, Massachusetts, California, and Rhode Island.
  • Vermont enacted a mandate that took effect in 2020, but there is no penalty for non-compliance.
  • Maryland lawmakers also removed mandate penalty language from a 2019 bill before it passed.

Is there still a penalty for being uninsured?

In most states, there is no longer a penalty for being without health insurance. The ACA’s federal tax penalty for not having minimum essential coverage was eliminated after the end of 2018, under the terms of the Tax Cuts and Jobs Act of 2017. Technically, the coverage requirement is still in effect, but there’s no longer a federal penalty for non-compliance. However, some states have implemented their own health coverage requirements, with penalties for residents who don’t maintain coverage.

DC, Massachusetts, New Jersey, California, and Rhode Island have penalties for being uninsured

Although the IRS is not penalizing people who are uninsured in 2019 and beyond, states still have the option to do so. A handful of states have their own individual mandates and penalties for non-compliance:

  • Massachusetts implemented an individual mandate and penalty in 2006, and it continues to be in effect (people who were uninsured in Massachusetts between 2014 and 2018 didn’t have to pay both the state and federal penalties, but now that there’s no federal penalty, the state’s penalty applies just like it did prior to 2014). The Massachusetts penalty only applies to adults, and the amount of the penalty is based on the person’s income and the cost of health plans available via the Massachusetts health insurance exchange (here are the details for Massachusetts penalty amounts for the 2023 tax year).
  • The District of Columbia implemented an individual mandate and penalty that took effect in January 2019. The penalty amounts are based on the amounts that applied under the federal penalty in 2018 (a flat $695 per adult — half that for a child — or 2.5 % of income, whichever is higher), although the maximum penalty under the percentage of income calculation is based on the average cost of a bronze plan in DC, as opposed to the average nationwide cost of a bronze plan.
  • New Jersey also implemented an individual mandate and penalty that took effect in January 2019. The penalty amounts also mirror the previous federal penalty, but the maximum penalty under the percentage of income calculation is based on the average cost of a bronze plan in New Jersey. Here are New Jersey’s calculators for determining the penalty amount for each year. The state is using penalty revenue to help fund its new reinsurance program.
  • California enacted legislation in 2019 that created an individual mandate starting in 2020, with a penalty for non-compliance. California is using revenue from this program to offer additional state-funded health insurance subsidies.
  • Rhode Island also implemented an individual mandate effective in 2020, with a penalty for non-compliance. The revenue generated from the penalty is used to help fund the state’s reinsurance program. Both the individual mandate and the reinsurance program were designed to have a stabilizing effect on Rhode Island’s individual/family market.

Vermont enacted a mandate but opted not to impose any penalty for non-compliance

Vermont enacted legislation in 2018 to create a state-based individual mandate, but they scheduled it to take effect in 2020, instead of 2019, as the penalty details weren’t included in the 2018 legislation and were left instead for lawmakers to work out during the 2019 session. However, the penalty language was ultimately stripped out of the 2019 legislation (H.524) and the version that passed did not include any penalty. So although Vermont does technically have an individual mandate, there is no penalty for non-compliance (ie, essentially the same thing that applies at the federal level).

Maryland also removed penalty language from 2019 legislation

Maryland enacted HB814/SB802 in 2019. The legislation initially included an individual mandate and penalty that would have taken effect in 2021. But that portion of the bill was removed before passage, despite support from insurers and the Maryland Hospital Association, and the final version did not include any of the original mandate penalty language. Instead, the new law created an “easy enrollment health insurance program” that uses tax return data to identify people who are uninsured and interested in obtaining health coverage, and then connect them with the Maryland health insurance exchange (more details here, in the fiscal note). Since then, several additional states have created similar “easy enrollment” programs, using the state tax return to connect uninsured people with health coverage.

Louise Norris is an individual health insurance broker who has been writing about health insurance and health reform since 2006. She has written dozens of opinions and educational pieces about the Affordable Care Act for healthinsurance.org.

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Is there still a penalty for being uninsured? | healthinsurance.org (2024)

FAQs

Is there still a penalty for being uninsured? | healthinsurance.org? ›

In most states, there is no longer a penalty for being without health insurance. The ACA's federal tax penalty for not having minimum essential coverage was eliminated after the end of 2018, under the terms of the Tax Cuts and Jobs Act of 2017.

Does the IRS still penalize for no health insurance? ›

In 2023, you are no longer required to pay a federal tax penalty for remaining uninsured. However, that may not apply to you if you live in a specific state. For those in California, you are still required to have health insurance and could be subject to a fee should you remain uninsured.

Is there a penalty for no insurance in the US? ›

There is no longer a federal penalty for not having health insurance. But in DC, Massachusetts, New Jersey, Rhode Island, and California, the state imposes its own penalty (collected via state tax returns) if a person doesn't maintain health insurance and isn't eligible for an exemption.

What happens if you are uninsured in the US? ›

If you don't have health insurance, you're at much greater risk of accumulating medical bills that you may not be able to pay. In a worst-case scenario, you could be sued and have your wages garnished. You might even be forced into bankruptcy.

Does Texas penalize you for not having health insurance? ›

At a federal level and for all states without an individual mandate, there are no longer any tax penalties for citizens without health insurance.

How many months of health insurance to avoid penalties? ›

As a California resident, you should carry insurance throughout the year with no gaps in coverage of 90 days or more. Otherwise, you may face a tax penalty when you file your tax return. There are some exemptions to California's penalty, which we'll discuss later.

Does the IRS still require proof of health insurance? ›

Health care coverage documents

You are not required to send the IRS information forms or other proof of health care coverage when filing your tax return. However, it's a good idea to keep these records on hand. This documentation includes: Form 1095 information forms.

Is it legal to stay in US without health insurance? ›

On a federal level, having health insurance is no longer a legal requirement. However, a handful of states in the U.S. require citizens to obtain coverage or pay a tax penalty. People buy health insurance for protection against the risk that they may get sick or injured.

Who pays for uninsured patients in the US? ›

Overall, public support from the federal, state, and local governments accounts for between 75 and 85 percent of the total value of uncompensated care estimated to be provided to uninsured people each year.

Are you forced to have health insurance in the US? ›

While the federal government no longer requires you to have health insurance, a handful of states have mandates on the books regarding coverage or are trying to pass laws to make health insurance mandatory. Washington, D.C., also requires residents to purchase health insurance.

What happens if you go to hospital in America with no insurance? ›

However, if you don't have health insurance, you will be billed for all medical services, which may include doctor fees, hospital and medical costs, and specialists' payments. Without an insurer to absorb some or even most of those costs, the bills can increase exponentially.

Why are Americans still uninsured? ›

uninsurance has been attributed to a number of factors, including rising health care costs, the economic downturn, an erosion of employer-based insurance, and public program cutbacks. Developing effective strategies for reducing uninsurance requires understanding why people lack insurance coverage.

What happens in America if you can't afford healthcare? ›

Key Takeaways

Americans are no longer taxed for not carrying health insurance. Medical debt contributes to a large number of bankruptcies in America. Access to quality primary care is critical, but doctors have the right to refuse patients without insurance or who are able to pay out-of-pocket expenses.

What is the IRS penalty for no health insurance? ›

Congress eliminated the federal tax penalty for not having health insurance, effective January 1, 2019.

Can you go to jail in Texas for not having insurance? ›

While jail is not a penalty for no insurance in Texas, you face hefty fines. You also become subject to financial responsibility laws. If you're charged with failing to file proof of financial responsibility, then you could face jail time.

Why do so many Texans not have health insurance? ›

Miller said Texans may not have insurance because they don't have a job, their employer doesn't offer health insurance, or it costs too much money. It's an issue impacting one group more than others. Hispanics make up 40% of the state's population, but 63% of those who don't have health insurance.

Does not having health insurance affect tax return? ›

Penalty. You will have to pay a penalty, the Individual Shared Responsibility Penalty, when you file your state tax return if: You did not have health coverage. You were not eligible for an exemption from coverage for any month of the year.

Why does the IRS ask if you have health insurance? ›

The IRS requires this information to determine if a repayment of the credit is required OR give an additional Premium Tax Credit if you were eligible for more of a credit. In an effort to better serve you, and report all required information to the IRS, we have included this question within the return.

What are the IRS rules for deducting health insurance premiums? ›

Health insurance premiums are deductible if you itemize your tax return. Whether you can deduct health insurance premiums from your tax return also depends on when and how you pay your premiums: If you pay for health insurance before taxes are taken out of your check, you can't deduct your health insurance premiums.

How long can you go exempt without being penalized? ›

Normally, Form W-4 does not expire. But, if an employee claims they are exempt from federal income tax, they need to give you a new Form W-4 each year to keep the exemption. An exemption from withholding is only good for one year.

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