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art.011/2/013/4/013/3/013/2/014/1
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ARTICLE 11
RELATING TO HEALTHCARE MARKET STABILITY

     SECTION 1. Section 27-18.5-2 of the General Laws in Chapter 27-18.5 entitled
"Individual Health Insurance Coverage" is hereby amended to read as follows:
     27-18.5-2. Definitions.
     The following words and phrases as used in this chapter have the following meanings
unless a different meaning is required by the context:
     (1) "Bona fide association" means, with respect to health insurance coverage offered in this
state, an association which that:
     (i) Has been actively in existence for at least five (5) years;
     (ii) Has been formed and maintained in good faith for purposes other than obtaining
insurance;
     (iii) Does not condition membership in the association on any health status-related factor
relating to an individual (including an employee of an employer or a dependent of an employee);
     (iv) Makes health insurance coverage offered through the association available to all
members regardless of any health status-related factor relating to the members (or individuals
eligible for coverage through a member);
     (v) Does not make health insurance coverage offered through the association available
other than in connection with a member of the association;
     (vi) Is composed of persons having a common interest or calling;
     (vii) Has a constitution and bylaws; and
     (viii) Meets any additional requirements that the director may prescribe by regulation;
     (2) "COBRA continuation provision" means any of the following:
     (i) Section 4980(B) of the Internal Revenue Code of 1986, 26 U.S.C. § 4980B, other than
subsection (f)(1) of that section insofar as it relates to pediatric vaccines;
     (ii) Part 6 of subtitle B of Title I of the Employee Retirement Income Security Act of 1974,
29 U.S.C. § 1161 et seq., other than Section 609 of that act, 29 U.S.C. § 1169; or
     (iii) Title XXII of the United States Public Health Service Act, 42 U.S.C. § 300bb-1 et seq.;
     (3)(4) "Creditable coverage" has the same meaning as defined in the United States Public
Health Service Act, Section 2701(c), 42 U.S.C. § 300gg(c), as added by P.L. 104-191;
     (4)(5) "Director" means the director of the department of business regulation;
     (5)(6) "Eligible individual" means an individual:
     (i) For whom, as of the date on which the individual seeks coverage under this chapter, the
aggregate of the periods of creditable coverage is eighteen (18) or more months and whose most
recent prior creditable coverage was under a group health plan, a governmental plan established or
maintained for its employees by the government of the United States or by any of its agencies or
instrumentalities, or church plan (as defined by the Employee Retirement Income Security Act of
1974, 29 U.S.C. § 1001 et seq.);
     (ii) Who is not eligible for coverage under a group health plan, part A or part B of title
XVIII of the Social Security Act, 42 U.S.C. § 1395c et seq. or 42 U.S.C. § 1395j et seq., or any
state plan under title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. (or any successor
program), and does not have other health insurance coverage;
     (iii) With respect to whom the most recent coverage within the coverage period was not
terminated based on a factor described in § 27-18.5-4(b) (relating to nonpayment of premiums or
fraud);
     (iv) If the individual had been offered the option of continuation coverage under a COBRA
continuation provision, or under chapter 19.1 of this title or under a similar state program of this
state or any other state, who elected the coverage; and
     (v) Who, if the individual elected COBRA continuation coverage, has exhausted the
continuation coverage under the provision or program;
     (6)(7) "Group health plan" means an employee welfare benefit plan as defined in section
3(1) of the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1002(1), to the extent
that the plan provides medical care and including items and services paid for as medical care to
employees or their dependents as defined under the terms of the plan directly or through insurance,
reimbursement or otherwise;
     (7)(8) "Health insurance carrier" or "carrier" means any entity subject to the insurance laws
and regulations of this state, or subject to the jurisdiction of the director, that contracts or offers to
contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care
services, including, without limitation, an insurance company offering accident and sickness
insurance, a health maintenance organization, a nonprofit hospital, medical or dental service
corporation, or any other entity providing a plan of health insurance or health benefits by which
health care services are paid or financed for an eligible individual or his or her dependents by such
entity on the basis of a periodic premium, paid directly or through an association, trust, or other
intermediary, and issued, renewed, or delivered within or without Rhode Island to cover a natural
person who is a resident of this state, including a certificate issued to a natural person which that
evidences coverage under a policy or contract issued to a trust or association;
     (8)(i)(9)(i) "Health insurance coverage" means a policy, contract, certificate, or agreement
offered by a health insurance carrier to provide, deliver, arrange for, pay for, or reimburse any of
the costs of health care healthcare services. Health insurance coverage includes short-term limited-
duration policies and any policy that pays on a cost-incurred basis, except as otherwise specifically
exempted by subsections (ii), (iii), (iv), or (v)(8) 9(ii), (iii), (iv), or (v) of this section.
     (ii) "Health insurance coverage" does not include one or more, or any combination of, the
following:
     (A) Coverage only for accident, or disability income insurance, or any combination of
those;
     (B) Coverage issued as a supplement to liability insurance;
     (C) Liability insurance, including general liability insurance and automobile liability
insurance;
     (D) Workers' compensation or similar insurance;
     (E) Automobile medical payment insurance;
     (F) Credit-only insurance;
     (G) Coverage for on-site medical clinics; and
     (H) Other similar insurance coverage, specified in federal regulations issued pursuant to
P.L. 104-191, under which benefits for medical care are secondary or incidental to other insurance
benefits; and;
     (I) Short term limited duration insurance;
     (iii) "Health insurance coverage" does not include the following benefits if they are
provided under a separate policy, certificate, or contract of insurance or are not an integral part of
the coverage:
     (A) Limited scope dental or vision benefits;
     (B) Benefits for long-term care, nursing home care, home health care, community-based
care, or any combination of these;
     (C) Any other similar, limited benefits that are specified in federal regulation issued
pursuant to P.L. 104-191;
     (iv) "Health insurance coverage" does not include the following benefits if the benefits are
provided under a separate policy, certificate, or contract of insurance, there is no coordination
between the provision of the benefits and any exclusion of benefits under any group health plan
maintained by the same plan sponsor, and the benefits are paid with respect to an event without
regard to whether benefits are provided with respect to the event under any group health plan
maintained by the same plan sponsor:
     (A) Coverage only for a specified disease or illness; or
     (B) Hospital indemnity or other fixed indemnity insurance; and
     (v) "Health insurance coverage" does not include the following if it is offered as a separate
policy, certificate, or contract of insurance:
     (A) Medicare supplemental health insurance as defined under section 1882(g)(1) of the
Social Security Act, 42 U.S.C. § 1395ss(g)(1);
     (B) Coverage supplemental to the coverage provided under 10 U.S.C. § 1071 et seq.; and
     (C) Similar supplemental coverage provided to coverage under a group health plan;
     (9)(10) "Health status-related factor" means any of the following factors:
     (i) Health status;
     (ii) Medical condition, including both physical and mental illnesses;
     (iii) Claims experience;
     (iv) Receipt of health care;
     (v) Medical history;
     (vi) Genetic information;
     (vii) Evidence of insurability, including conditions arising out of acts of domestic violence;
and
     (viii) Disability;
     (10)(12) "Individual market" means the market for health insurance coverage offered to
individuals other than in connection with a group health plan;
     (11)(13) "Network plan" means health insurance coverage offered by a health insurance
carrier under which the financing and delivery of medical care, including items and services paid
for as medical care, are provided, in whole or in part, through a defined set of providers under
contract with the carrier;
     (12)(14) "Preexisting condition" means, with respect to health insurance coverage, a
condition (whether physical or mental), regardless of the cause of the condition, that was present
before the date of enrollment for the coverage, for which medical advice, diagnosis, care, or
treatment was recommended or received within the six-(6) month (6) period ending on the
enrollment date. Genetic information shall not be treated as a preexisting condition in the absence
of a diagnosis of the condition related to that information; and
     (13)(11) "High-risk individuals" means those individuals who do not pass medical
underwriting standards, due to high health care healthcare needs or risks;
     (14)(15) "Wellness health benefit plan" means that health benefit plan offered in the
individual market pursuant to § 27-18.5-8; and
     (15)(3) "Commissioner" means the health insurance commissioner.
     SECTION 2. Section 42-157-4 of the General Laws in Chapter 42-157 titled “Rhode Island
Health Benefit Exchange” is hereby amended to read as follows:
     42-157-4. Financing.
     (a) The department is authorized to assess insurers offering qualified health plans and
qualified dental plans. To support the functions of the exchange, insurers offering qualified health
plans and qualified dental plans must remit an assessment to the exchange each month, in a
timeframe and manner established by the exchange, equal to three and one-half percent (3.5%) of
the monthly premium charged by the insurer for each policy under the plan where enrollment is
through the exchange. The revenue raised in accordance with this subsection shall not exceed the
revenue able to be raised through the federal government assessment and shall be established in
accordance and conformity with the federal government assessment upon those insurers offering
products on the Federal Health Benefit exchange. Revenues from the assessment shall be deposited
in a restricted-receipt account for the sole use of the exchange and shall be exempt from the indirect
cost-recovery provisions of § 35-4-27 of the general laws.
     (b) The general assembly may appropriate general revenue to support the annual budget
for the exchange in lieu of or to supplement revenues raised from the assessment under § 42-157-
4(a) subsection (a) of this section.
     (c) If the director determines that the level of resources obtained pursuant to § 42-157-4(a)
subsection (a) will be in excess of the budget for the exchange, the department shall provide a
report to the governor, the speaker of the house, and the senate president identifying the surplus
and detailing how the assessment established pursuant to § 42-157-4(a) subsection (a) may be
offset in a future year to reconcile with impacted insurers and how any future supplemental or
annual budget submission to the general assembly may be revised accordingly. 
     SECTION 3. Chapter 42-157 of the General Laws entitled "Rhode Island Health Benefit
Exchange" is hereby amended by adding thereto the following section:
     42-157-11. Exemptions from the shared responsibility payment penalty.
     (a) Establishment of program. The exchange shall establish a program for determining
whether to grant a certification that an individual is entitled to an exemption from the Shared
Responsibility Payment Penalty shared responsibility payment penalty set forth in section § 44-
30-101(c) of the general laws by reason of religious conscience or hardship.
     (b) Eligibility determinations. The exchange shall make determinations as to whether to
grant a certification described in subsection (a) of this section. The exchange shall notify the
individual and the tax administrator for the Rhode Island Department of Revenue department of
revenue of any such the determination in such a time and manner as the exchange, in consultation
with the tax administrator, shall prescribe. In notifying the tax administrator, the exchange shall
adhere to the data privacy and data security standards adopted in accordance with 45 C.F.R.
155.260. The exchange shall only be required to notify the tax administrator to the extent that the
exchange determines such the disclosure is permitted under 45 C.F.R. 155.260.
     (c) Appeals. Any person aggrieved by the exchange’s determination of eligibility for an
exemption under this section has the right to an appeal in accordance with the procedures contained
within chapter 35 of this title 42.
     42-157-12. Special enrollment period for qualified individuals assessed a shared
responsibility payment penalty.
     (a) Definitions. The following definition shall apply for purposes of this section:
     (1) “Special enrollment period” means a period during which a qualified individual who is
assessed a penalty in accordance with section § 44-30-101 may enroll in a qualified health plan
through the exchange outside of the annual open enrollment period.
     (b) In the case of a qualified individual who is assessed a shared responsibility payment in
accordance with section § 44-30-101 of the general laws and who is not enrolled in a qualified
health plan, the exchange must provide a special enrollment period consistent with this section and
the Federal Patient Protection and Affordable Care Act (Public Law 111-148), as amended by the
Federal Care and Reconciliation Act of 2010 (Public Law 111-152), and any amendments to, or
regulations or guidance issued under, those acts.
     (c) Effective Date. The exchange must ensure that coverage is effective for a qualified
individual who is eligible for a special enrollment period under this section on the first day of the
month after the qualified individual completes enrollment in a qualified health plan through the
exchange.
     (d) Availability and length of special enrollment period. A qualified individual has sixty
(60) days from the date he or she is assessed a penalty in accordance with section § 44-30-101 of
the general laws to complete enrollment in a qualified health plan through the exchange. The date
of assessment shall be determined in accordance with section § 44-30-82 of the general laws.
     42-157-13. Outreach to Rhode Island residents and individuals assessed a shared
responsibility payment penalty.
     Outreach. The exchange, in consultation with the Office of the Health Insurance
Commissioner office of the health insurance commissioner and the Division of Taxation division
of taxation, is authorized to engage in coordinated outreach efforts to educate Rhode Island
residents about the importance of health insurance coverage,; their responsibilities to maintain
minimum essential coverage as defined in section § 44-30-101 of the general laws,; the penalties
for failure to maintain such coverage,; and information on the services available through the
exchange.
     42-157-14. Regulatory authority.
     (a) Regulatory Authority. The exchange may promulgate regulations as necessary to carry
out the purposes of this chapter.
     SECTION 4. Sections 42-157.1-1 and 42-157.1-5 of the General Laws in Chapter 42-157.1
entitled "Rhode Island Market Stability and Reinsurance Act" are hereby amended to read as
follows:
     42-157.1-1. Short title and purpose.
     (a) This chapter shall be known and may be cited as the "Rhode Island Market Stability
and Reinsurance Act."
     (b) The purpose of this chapter is to authorize the director to create the Rhode Island
reinsurance program to stabilize health insurance rates and premiums in the individual market and
provide greater financial certainty to consumers of health insurance in this state.
     (c) Nothing in this chapter shall be construed as obligating the state to appropriate funds or
make payments to carriers.
     (c) (d) No general revenue funding shall be used for reinsurance payments.
     42-157.1-5. Establishment of program fund.
     (a) A fund shall be The Health Insurance Market Integrity Fund health insurance market
integrity fund is hereby established to provide funding for the operation and administration of the
program in carrying out the purposes of the program under this chapter.
     (b) The director is authorized to administer the fund.
     (c) The fund shall consist of:
     (1) Any pass-through funds received from the federal government under a waiver approved
under 42 U.S.C. § 18052;
     (2) Any funds designated by the federal government to provide reinsurance to carriers that
offer individual health benefit plans in the state;
     (3) Any funds designated by the state to provide reinsurance to carriers that offer individual
health benefit plans in the state; and
     (4) Any other money from any other source accepted for the benefit of the fund.
     (d) Nothing in this chapter shall be construed as obligating the state to appropriate funds
or make payments to carriers.
     (d) (e) No general revenue funding shall be used for reinsurance payments.
     (e) (f) A restricted-receipt account shall be established for the fund which may be used for
the purposes set forth in this section and shall be exempt from the indirect cost recovery provisions
of section § 35-4-27 of the general laws.
     (f) (g) Monies in the fund shall be used to provide reinsurance to health insurance carriers
as set forth in this chapter and its implementing regulations, and to support the personnel costs,
operating costs, and capital expenditures of the exchange and the division of taxation that are
necessary to carry out the provisions of this chapter, sections §§ 44-30-101 through 44-30-102, and
sections §§ 42-157-11 through 42-157-14 of the general laws.
     (g) (h) Any excess monies remaining in the fund, not including any monies received from
the federal government pursuant to paragraphs (1) or (2) subsection (c)(1) or (c)(2) of this section
and after making the payments required by subsection (f) (g) of this section, may be used for
preventative health care programs for vulnerable populations in consultation with the executive
office of health and human services.
     42-157.1-7. Program contingent on federal waiver and appropriation of state funding
Program contingent on federal waiver.
     If the state innovation waiver request in § 42-157.1-6 is not approved, the director shall not
implement the program or provide reinsurance payments to eligible carriers.
     SECTION 5. Chapter 44-30 of the General Laws entitled “Personal Income Tax” is hereby
amended by adding thereto the following sections:
     44-30-101. Requirements concerning qualifying health insurance coverage.
     (a) Definitions. For purposes of this section:
     (1) “Applicable individual” has the same meaning as set forth in 26 U.S.C. § 5000A(d).
     (2) “Minimum essential coverage” has the same meaning as set forth in 26 U.S. C. §
5000A(f).
     (3) “Shared Responsibility Payment Penalty responsibility payment penalty” means the
penalty imposed pursuant to subsection (c) of this section.
     (4) “Taxpayer” means any resident individual, as defined in section § 44-30-5 of the
general laws.
     (b) Requirement to maintain minimum essential coverage. Every applicable individual
must maintain minimum essential coverage for each month beginning after December 31, 2019.
     (c) Shared Responsibility Payment Penalty responsibility payment penalty imposed for
failing to maintain minimum essential coverage. As of January 1, 2020, every applicable individual
required to file a personal income tax return pursuant to section § 44-30-51 of the general laws,
shall indicate on the return, in a manner to be prescribed by the tax administrator, whether and for
what period of time during the relevant tax year the individual and his or her spouse and dependents
who are applicable individuals were covered by minimum essential coverage. If a return submitted
pursuant to this subsection fails to indicate that such coverage was in force or indicates that any
applicable individuals did not have such coverage in force, a Shared Responsibility Payment
Penalty shared responsibility payment penalty shall hereby be assessed as a tax on the return.
     (d) Shared Responsibility Payment Penalty responsibility payment penalty calculation.
Except as provided in subsection (e), the Shared Responsibility Payment Penalty shared
responsibility payment penalty imposed shall be equal to a taxpayer’s federal shared
responsibility payment for the taxable year under section 5000A of the Internal Revenue Code of
1986, as amended, and as in effect on the 15th day of December 2017.
     (e) Exceptions.
     (1) Penalty cap. The amount of the Shared Responsibility Payment Penalty shared
responsibility payment penalty imposed under this section shall be determined, if applicable,
using the statewide average premium for bronze-level plans offered through the Rhode Island
health benefits exchange rather than the national average premium for bronze-level plans.
     (2) Hardship exemption determinations. Determinations as to hardship exemptions shall
be made by the exchange under section § 42-157-11 of the general laws.
     (3) Religious conscience exemption determinations. Determinations as to religious
conscience exemptions shall be made by the exchange under section § 42-157-11 of the general
laws.
     (4) Taxpayers with gross income below state filing threshold. No penalty shall be imposed
under this section with respect to any applicable individual for any month during a calendar year if
the taxpayer’s household income for the taxable year as described in section 1412(b)(1)(B) of the
Patient Protection and Affordable Care Act is less than the amount of gross income requiring the
taxpayer to file a return as set forth in section § 44-30-51 of the general laws.
     (5) Out of State Residents state residents. No penalty shall be imposed by this section
with respect to any applicable individual for any month during which the individual is a bona fide
resident of another state.
     (f) Health Insurance Market Integrity Fund insurance market integrity fund. The tax
administrator is authorized to withhold from any state tax refund due to the taxpayer an amount
equal to the calculated Shared Responsibility Payment Penalty shared responsibility payment
penalty and shall place such those amounts in the Health Insurance Market Integrity Fund health
insurance market integrity fund created pursuant to section § 42-157.1-5 of the general laws.
     (g) Deficiency. If, upon examination of a taxpayer’s return, the tax administrator
determines there is a deficiency because any refund due to the taxpayer is insufficient to satisfy the
Shared Responsibility Penalty shared responsibility penalty or because there was no refund due,
the tax administrator may notify the taxpayer of such the deficiency in accordance with section §
44-30-81 and interest shall accrue on such the deficiency as set forth in section § 44-30-84. All
monies collected on said the deficiency shall be placed in the Health Insurance Market Integrity
Fund health insurance market integrity fund created pursuant to section § 42-157.1-5 of the
general laws.
     (h) Application of Federal federal law. The Shared Responsibility Payment Penalty shared
responsibility payment penalty shall be assessed and collected as set forth in this chapter and,
where applicable, consistent with regulations promulgated by the federal government, the
exchange, and/or the tax administrator. Any federal regulation implementing section 5000A of the
Internal Revenue Code of 1986, as amended, and in effect on the 15th day of December 2017, shall
apply as though incorporated into the Rhode Island Code of Regulations code of regulations.
Federal guidance interpreting these federal regulations shall similarly apply. Except as provided
in subsections (j) and (k) of this section, all references to federal law shall be construed as
references to federal law as in effect on December 15, 2017, including applicable regulations and
administrative guidance that were in effect as of that date.
     (i) Unavailability of Federal federal premium tax credits. For any taxable year in which
federal premium tax credits available pursuant to 26 U.S.C. section 36B become unavailable due
to the federal government repealing that section or failing to fund the premium tax credits, the
Shared Responsibility Payment Penalty shared responsibility payment penalty under this section
shall not be enforced.
     (j) Imposition of Federal federal shared responsibility payment. For any taxable year in
which a federal penalty under section 5000A of the Internal Revenue Code of 1986 is imposed on
a taxpayer in an amount comparable to the Shared Responsibility Payment Penalty shared
responsibility payment penalty assessed under this section, the state penalty shall not be enforced.
     (k) Agency Coordination coordination. Where applicable, the tax administrator shall
implement this section in consultation with the office of the health insurance commissioner, the
office of management and budget, the executive office of health and human services, and the Rhode
Island health benefits exchange.
     44-30-102. Reporting Requirement for Applicable Entities providing Minimum
Essential Coverage minimum essential coverage.
     (a) Findings.
     (1) Ensuring the health of insurance markets is a responsibility reserved for states under
the McCarran-Ferguson Act and other federal law.
     (2) There is substantial evidence that being uninsured causes health problems and
unnecessary deaths.
     (3) The Shared Responsibility Payment Penalty shared responsibility payment penalty
imposed by subsection § 44-30-101(c) of the general laws is necessary to protect the health and
welfare of the state’s residents.
     (4) The reporting requirement provided for in this section is necessary for the successful
implementation of the Shared Responsibility Payment Penalty shared responsibility payment
penalty imposed by subsection § 44-30-101(c) of the general laws. This requirement provides the
only widespread source of third-party reporting to help taxpayers and the tax administrator verify
whether an applicable individual maintains minimum essential coverage. There is compelling
evidence that third-party reporting is crucial for ensuring compliance with tax provisions.
      (5) The Shared Responsibility Payment Penalty shared responsibility payment penalty
imposed by subsection § 44-30-101(c) of the general laws, and therefore the reporting requirement
in this section, is necessary to ensure a stable and well-functioning health insurance market. There
is compelling evidence that, without an effective Shared Responsibility Payment Penalty shared
responsibility payment penalty in place for those who go without coverage, there would be
substantial instability in health insurance markets, including higher prices and the possibility of
areas without any insurance available.
     (6) The Shared Responsibility Payment Penalty shared responsibility payment penalty
imposed by subsection § 44-30-101(c) of the general laws, and therefore the reporting requirement
in this section, is also necessary to foster economic stability and growth in the state.
      (7) The reporting requirement in this section has been narrowly tailored to support
compliance with the Shared Responsibility Payment Penalty shared responsibility payment
penalty imposed by subsection § 44-30-101(c) of the general laws, while imposing only an
incidental burden on reporting entities. In particular, the information that must be reported is
limited to the information that must already be reported under a similar federal reporting
requirement under section 6055 of the Internal Revenue Code of 1986. In addition, this section
provides that its reporting requirement may be satisfied by providing the same information that is
currently reported under such federal requirement.
     (b) Definitions. For purposes of this section:
     (1) “Applicable entity” means:
     (i) An employer or other sponsor of an employment-based health plan that offers
employment-based minimum essential coverage to any resident of Rhode Island.
     (ii) The Rhode Island Medicaid single state agency providing Medicaid or Children’s
Health Insurance Program (CHIP) coverage.
     (iii) Carriers licensed or otherwise authorized by the Rhode Island office of the health
insurance commissioner to offer health coverage providing coverage that is not described in
subparagraphs (i) or (ii) subsection (b)(1)(i) or (b)(1)(ii) of this section.
     (2) “Minimum essential coverage” has the meaning given such the term by section § 44-
30-101(a)(2) of the general laws.
     (c) For purposes of administering the Shared Responsibility Payment Penalty shared
responsibility payment penalty to individuals who do not maintain minimum essential coverage
under subsection § 44-30-101(b) of the general laws, every applicable entity that provides
minimum essential coverage to an individual during a calendar year shall, at such time as the tax
administrator may prescribe, file a form in a manner prescribed by the tax administrator.
     (d) Form and manner of return.
     (1) A return, in such the form as the tax administrator may prescribe, contains the following
information:
     (i) the The name, address, and Taxpayer Identification Number (TIN) TIN of the
primary insured and the name and TIN of each other individual obtaining coverage under the
policy;
     (ii) the The dates during which such the individual was covered under minimum essential
coverage during the calendar year,; and
     (iii) such Such other information as the tax administrator may require.
     (2) Sufficiency of information submitted for federal reporting. Notwithstanding the
requirements of paragraph (1) subsection (d)(1) of this section, a return shall not fail to be a return
described in this section if it includes the information contained in a return described in section
6055 of the Internal Revenue Code of 1986, as that section is in effect and interpreted on the 15th
day of December 2017.
     (e) Statements to be furnished to individuals with respect to whom information is reported.
     (1) Any applicable entity providing a return under the requirements of this section shall
also provide to each individual whose name is included in such the return a written statement
containing the name, address, and contact information of the person required to provide the return
to the tax administrator and the information included in the return with respect to the individuals
listed thereupon. Such The written statement must be provided on or before January 31 of the year
following the calendar year for which the return was required to be made or by such a date as may
be determined by the tax administrator.
     (2) Sufficiency of federal statement. Notwithstanding the requirements of paragraph (1)
subsection (e)(1), the requirements of this subsection (e) may be satisfied by a written statement
provided to an individual under section 6055 of the Internal Revenue Code of 1986, as that section
is in effect and interpreted on the 15th day of December 2017.
     (f) Reporting responsibility.
     (1) Coverage provided by governmental units. In the case of coverage provided by an
applicable entity that is any governmental unit or any agency or instrumentality thereof, the officer
or employee who enters into the agreement to provide such the coverage (or the person
appropriately designated for purposes of this section) shall be responsible for the returns and
statements required by this section.
     (2) Delegation. An applicable entity may contract with third-party service providers,
including insurance carriers, to provide the returns and statements required by this section.
     SECTION 6. Section 2 of this article shall take effect January 1, 2020. The remainder of
this article shall take effect upon passage.