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<section article="gtg" article_name="Tax - General" number="2-115" title_number="2" title_name="Administration by Comptroller" subtitle_number="1" subtitle_name="General Duties">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Advisory Workgroup” has the meaning stated in § 31–201 of the Insurance Article.</text>
    </level>
    <level label="3">
      <text>“Affordable Care Act” has the meaning stated in § 1–101 of the Insurance Article.</text>
    </level>
    <level label="4">
      <text>“Exchange” has the meaning stated in § 31–101 of the Insurance Article.</text>
    </level>
    <level label="5">
      <text>“Insurance affordability program” has the meaning stated in § 31–201 of the Insurance Article.</text>
    </level>
    <level label="6">
      <text>“Insurance–relevant information” means information about an uninsured individual that is needed for the Exchange to:</text>
      <level label="i">
        <text>identify the uninsured individual, including when matching data available from third–party data sources;</text>
      </level>
      <level label="ii">
        <text>facilitate the determination of the uninsured individual’s eligibility for an insurance affordability program; or</text>
      </level>
      <level label="iii">
        <text>facilitate enrollment by the uninsured individual in a plan with minimum essential coverage.</text>
      </level>
    </level>
    <level label="7">
      <text>“Minimum essential coverage” has the meaning stated in § 31–101 of the Insurance Article.</text>
    </level>
    <level label="8">
      <text>“Premium tax credits” means the tax credits described in § 36B of the Internal Revenue Code.</text>
    </level>
    <level label="9">
      <text>“Program” means the Maryland Easy Enrollment Health Insurance Program established under § 31–202 of the Insurance Article.</text>
    </level>
    <level label="10">
      <text>“Qualified health plan” means a health benefit plan that has been certified by the Exchange to meet the criteria for certification described in § 1311(c) of the Affordable Care Act and § 31–115 of  the Insurance Article.</text>
    </level>
    <level label="11">
      <text>“Uninsured individual” has the meaning stated in § 31–201 of the Insurance Article.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>The Comptroller shall include on the individual income tax return form a checkoff for indicating whether the individual, or each spouse in the case of a joint return, and any individual claimed as a dependent on the tax return is an uninsured individual at the time the tax return is filed.</text>
    </level>
    <level label="2">
      <text>If a State income tax return indicates that an individual  is an uninsured individual at the time the tax return is filed, the tax return shall be required to include the following information as to each uninsured individual:</text>
      <level label="i">
        <text>the age of each uninsured individual;</text>
      </level>
      <level label="ii">
        <text>election by the individual filing the tax return of one of the two checkoff boxes described in subsection (c) of this section; and</text>
      </level>
      <level label="iii">
        <text>if the individual who files a tax return chooses the checkoff box described in subsection (c)(3) of this section, any information determined by the Exchange as essential to determining eligibility for insurance affordability programs, if the information:</text>
        <level label="1">
          <text>is not available from a reliable third–party data source;</text>
        </level>
        <level label="2">
          <text>is not otherwise required to be provided on the return; and</text>
        </level>
        <level label="3">
          <text>does not pertain to citizenship or immigration status.</text>
        </level>
      </level>
    </level>
    <level label="3">
      <text>For an individual who files a tax return and chooses the  checkoff box described in subsection (c)(3) of this section, the return shall give the individual who filed the tax return the option to indicate the uninsured individual’s preferred method for the Exchange to contact the individual who filed the tax return or the uninsured individual to facilitate either determination of eligibility for insurance affordability programs or enrollment in health coverage.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>In accordance with this subsection, the Comptroller shall include with the income tax return form a separate form that is required only for individuals who file a tax return indicating that an individual is an uninsured individual at the time the tax return is filed.</text>
    </level>
    <level label="2">
      <text>The separate form shall include two  checkoff boxes as described in paragraphs (3) and (4) of this subsection and the information described in subsection (b)(2) and (3) of this section.</text>
    </level>
    <level label="3">
      <text>One  checkoff box shall give an individual who files a tax return the choice to have the Exchange:</text>
      <level label="i">
        <text>based on information in the individual’s tax return, determine the uninsured individual’s eligibility for insurance affordability programs; and</text>
      </level>
      <level label="ii">
        <text>obtain additional data that may be relevant to determine the uninsured individual’s eligibility for insurance affordability programs.</text>
      </level>
    </level>
    <level label="4">
      <text>One  checkoff box shall allow an individual who files a tax return the choice to not have the Exchange make the  determination described in paragraph (3) of this subsection.</text>
    </level>
    <level label="5">
      <text>The Comptroller, in consultation with the Exchange and with the advice of the Advisory Workgroup, shall:</text>
      <level label="i">
        <text>develop language for the checkoff boxes described in paragraphs (3) and (4) of this subsection;</text>
      </level>
      <level label="ii">
        <text>develop language for the instructions for the State income tax return that includes a description of the effects of choosing the checkoff boxes described in paragraphs (3) and (4) of this subsection, including the purposes for which the information disclosed under this section may be used; and</text>
      </level>
      <level label="iii">
        <text>ensure that the language developed under item (i) of this paragraph is as simple, clear, and easy to understand as possible.</text>
      </level>
    </level>
    <level label="6">
      <text>If an individual who files a tax return makes the election described in paragraph (3) of this subsection, notwithstanding the prohibition under § 13–202 of this article, the Comptroller shall convey to the Exchange all insurance–relevant information contained on the return.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>Except as provided in  paragraph (2) of this subsection, this section shall apply to returns filed for taxable years beginning after December 31, 2018.</text>
    </level>
    <level label="2">
      <text>If the Comptroller determines, after consultation with the Exchange, that the implementation of this section is not administratively feasible for taxable years beginning after December 31, 2018, the Comptroller may delay implementation of this section to taxable years beginning after December 31, 2019.</text>
    </level>
  </level>
</section>
