42 U.S.C. § 18082
Advance determination and payment of premium tax credits and cost-sharing reductions
United States · Title 42 — THE PUBLIC HEALTH AND WELFARE · Status: effective
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- Citation
- 42 U.S.C. § 18082, Advance determination and payment of premium tax credits and cost-sharing reductions, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/484662
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Full text
The Secretary, in consultation with the Secretary of the Treasury, shall establish a program under which—
the Secretary notifies—
the Secretary of the Treasury of the name and employer identification number of each employer with respect to whom 1 or more employee 11 So in original. Probably should be “employees”. of the employer were determined to be eligible for the premium tax credit under section 36B of title 26 and the cost-sharing reductions under section 18071 of this title because—
The Secretary shall provide under the program established under subsection (a) that advance determination of eligibility with respect to any individual shall be made—
The Secretary shall provide procedures for making advance determinations on the basis of information other than that described in paragraph (1)(B) in cases where information included with an application form demonstrates substantial changes in income, changes in family size or other household circumstances, change in filing status, the filing of an application for unemployment benefits, or other significant changes affecting eligibility, including—
The Secretary shall notify the Secretary of the Treasury and the Exchange through which the individual is enrolling of the advance determination under section 18081 of this title.
The Secretary of the Treasury shall make the advance payment under this section of any premium tax credit allowed under section 36B of title 26 to the issuer of a qualified health plan on a monthly basis (or such other periodic basis as the Secretary may provide).
An issuer of a qualified health plan receiving an advance payment with respect to an individual enrolled in the plan shall—
in the case of any nonpayment of premiums by the insured—
The Secretary shall also notify the Secretary of the Treasury and the Exchange under paragraph (1) if an advance payment of the cost-sharing reductions under section 18071 of this title is to be made to the issuer of any qualified health plan with respect to any individual enrolled in the plan. The Secretary of the Treasury shall make such advance payment at such time and in such amount as the Secretary specifies in the notice.
Nothing in this subtitle or the amendments made by this subtitle allows Federal payments, credits, or cost-sharing reductions for individuals who are not lawfully present in the United States.
Nothing in this subtitle or the amendments made by this subtitle shall be construed to prohibit a State from making payments to or on behalf of an individual for coverage under a qualified health plan offered through an Exchange that are in addition to any credits or cost-sharing reductions allowable to the individual under this subtitle and such amendments.
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- Patient Protection and Affordable Care Act
- An act to provide for reconciliation pursuant to title II of H. Con. Res. 14.