80_FR_10473 80 FR 10435 - Health Insurance Providers Fee

80 FR 10435 - Health Insurance Providers Fee

DEPARTMENT OF THE TREASURY
Internal Revenue Service

Federal Register Volume 80, Issue 38 (February 26, 2015)

Page Range10435-10436
FR Document2015-03945

This document contains proposed regulations that provide rules for the definition of a covered entity for purposes of the fee imposed by section 9010 of the Patient Protection and Affordable Care Act, as amended. In the Rules and Regulations section of this issue of the Federal Register, the IRS is issuing temporary regulations. The text of those temporary regulations also serves as the text of these proposed regulations. The proposed regulations are necessary to clarify certain terms in section 9010. The proposed regulations affect persons engaged in the business of providing health insurance for United States health risks.

Federal Register, Volume 80 Issue 38 (Thursday, February 26, 2015)
[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Proposed Rules]
[Pages 10435-10436]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03945]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 57

[REG-143416-14; RIN 1545-BM51]


Health Insurance Providers Fee

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of proposed rulemaking by cross-reference to temporary 
regulations.

-----------------------------------------------------------------------

SUMMARY: This document contains proposed regulations that provide rules 
for the definition of a covered entity for purposes of the fee imposed 
by section 9010 of the Patient Protection and Affordable Care Act, as 
amended. In the Rules and Regulations section of this issue of the 
Federal Register, the IRS is issuing temporary regulations. The text of 
those temporary regulations also serves as the text of these proposed 
regulations. The proposed regulations are necessary to clarify certain 
terms in section 9010. The proposed regulations affect persons engaged 
in the business of providing health insurance for United States health 
risks.

DATES: Comments and requests for a public hearing must be received by 
May 27, 2015.

ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG-143416-14), Room 
5203, Internal Revenue Service, PO Box 7604, Ben Franklin Station, 
Washington, DC 20044. Submissions may be hand-delivered Monday through 
Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG-
143416-14), Courier's Desk, Internal Revenue Service, 1111 Constitution 
Avenue NW., Washington, DC, or sent electronically, via the Federal 
eRulemaking portal at www.regulations.gov (IRS REG-143416-14).

FOR FURTHER INFORMATION CONTACT: Concerning the proposed regulations, 
Rachel S. Smith, (202) 317-6855; concerning submissions of comments and 
request for a hearing, Regina Johnson, (202) 317-6901 (not toll-free 
numbers).

SUPPLEMENTARY INFORMATION:

Background

    Temporary regulations in the Rules and Regulations section of this 
issue of

[[Page 10436]]

the Federal Register amend the Health Insurance Providers Fee 
Regulations (26 CFR part 57) and serve as the text for these proposed 
regulations.

Special Analyses

    It has been determined that these proposed regulations are not a 
significant regulatory action as defined in Executive Order 12866, as 
supplemented by Executive Order 13563. Therefore, a regulatory 
assessment is not required. It also has been determined that section 
553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does 
not apply to these regulations, and because the regulation does not 
impose a collection of information on small entities, the Regulatory 
Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to 
section 7805(f) of the Code, these regulations have been submitted to 
the Chief Counsel for Advocacy of the Small Business Administration for 
comment on its impact on small business.

Comments and Requests for a Public Hearing

    Before the proposed regulations are adopted as final regulations, 
consideration will be given to any comments that are submitted timely 
to the IRS as prescribed in this preamble under the ADDRESSES heading. 
The Treasury Department and the IRS request comments on all aspects of 
the proposed regulations. All comments will be available at 
www.regulations.gov or upon request. A public hearing will be scheduled 
if requested in writing by any person that timely submits written 
comments. If a public hearing is scheduled, notice of the date, time, 
and place for the public hearing will be published in the Federal 
Register.

Drafting Information

    The principal author of these proposed regulations is Rachel S. 
Smith, IRS Office of the Associate Chief Counsel (Passthroughs and 
Special Industries). However, other personnel from the Treasury 
Department and the IRS participated in their development.

List of Subjects in 26 CFR Part 57

    Health insurance, Reporting and recordkeeping requirements.

Proposed Amendments to the Regulations

    Accordingly, 26 CFR part 57 is proposed to be amended as follows:

PART 57--HEALTH INSURANCE PROVIDERS FEE

0
Paragraph 1. The authority citation for part 57 continues to read in 
part as follows:

    Authority: 26 U.S.C. 7805; sec. 9010, Pub. L. 111-148 (124 Stat. 
119 (2010)).

* * * * *
0
Par. 2. Section 57.2 is amended by revising paragraphs (b)(3) and 
(c)(3)(ii) to read as follows:


Sec.  57.2  Explanation of terms.

* * * * *
    (b) * * *
    (3) [The text of proposed Sec.  57.2(b)(3) is the same as the text 
of Sec.  57.2T(b)(3) published elsewhere in this issue of the Federal 
Register].
* * * * *
    (c) * * *
    (3) * * *
    (ii) [The text of proposed Sec.  57.2(c)(3)(ii) is the same as the 
text of Sec.  57.2T(c)(3)(ii) published elsewhere in this issue of the 
Federal Register].
* * * * *
0
Par. 3. Section 57.10 is amended by revising paragraph (b) to read as 
follows:


Sec.  57.10  Effective/applicability date.

* * * * *
    (b) [The text of proposed Sec.  57.10(b) is the same as the text of 
Sec.  57.10T(b) published elsewhere in this issue of the Federal 
Register].

 John Dalrymple,
Deputy Commissioner for Services and Enforcement.
[FR Doc. 2015-03945 Filed 2-23-15; 4:15 pm]
BILLING CODE 4830-01-P



                                                                       Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Proposed Rules                                              10435

                                                 issue you a replacement Social Security                 identification card, school record,                   (See § 422.103(e)(3) for the definition of
                                                 number card.                                            medical record, marriage record,                      a change to a restrictive legend.)
                                                 *     *      *    *    *                                passport, Department of Homeland                      *     *    *     *      *
                                                 ■ 3. Amend § 422.107 by:                                Security document, or other similar                   [FR Doc. 2015–03726 Filed 2–24–15; 11:15 am]
                                                 ■ a. Revising paragraphs (a) and (c);                   evidence serving to identify you. The                 BILLING CODE 4191–02–P
                                                 ■ b. In paragraph (e)(1), removing each                 evidence must contain sufficient
                                                 instance of ‘‘Immigration and                           information to identify you, including
                                                 Naturalization Service’’ and adding in                  your name and:                                        DEPARTMENT OF THE TREASURY
                                                 its place, ‘‘Department of Homeland                        (i) Your age, date of birth, or parents’
                                                 Security’’; and                                         names; or                                             Internal Revenue Service
                                                 ■ c. Revising paragraph (g).                               (ii) Your photograph or physical
                                                    The revisions read as follows:                       description.                                          26 CFR Part 57
                                                 § 422.107   Evidence requirements.                         (2) A birth record is not sufficient               [REG–143416–14; RIN 1545–BM51]
                                                   (a) General. To obtain an original                    evidence to establish identity for these
                                                                                                         purposes.                                             Health Insurance Providers Fee
                                                 Social Security number card, you must
                                                 submit convincing evidence of your age,                 *       *    *      *     *                           AGENCY:  Internal Revenue Service (IRS),
                                                 U.S. citizenship or alien status, and true                 (g) Inability to verify eligibility factors.       Treasury.
                                                 identity, as described in paragraphs (b)                We will not issue an original or                      ACTION: Notice of proposed rulemaking
                                                 through (e) of this section. If you apply               replacement Social Security number                    by cross-reference to temporary
                                                 for a replacement Social Security                       card when you present invalid or                      regulations.
                                                 number card, you must submit                            expired documents or when we are
                                                 convincing evidence of your true                        unable to verify the required evidence                SUMMARY:   This document contains
                                                 identity, as described in paragraph (c) of              through other means, as described in                  proposed regulations that provide rules
                                                 this section, and you may also be                       paragraph (a) of this section. Invalid                for the definition of a covered entity for
                                                 required to submit convincing evidence                  documents are either forged documents                 purposes of the fee imposed by section
                                                 of your age and U.S. citizenship or alien               that supposedly were issued by the                    9010 of the Patient Protection and
                                                 status, as described in paragraphs (b),                 custodian of the record, or properly                  Affordable Care Act, as amended. In the
                                                 (d), and (e) of this section. If you apply              issued documents that were improperly                 Rules and Regulations section of this
                                                 for an original or replacement Social                   changed after they were issued. An                    issue of the Federal Register, the IRS is
                                                 Security number card, you are also                      expired document is one that was valid                issuing temporary regulations. The text
                                                 required to submit evidence to assist us                for only a limited time and that time has             of those temporary regulations also
                                                 in determining the existence and                        passed.                                               serves as the text of these proposed
                                                 identity of any previously assigned                                                                           regulations. The proposed regulations
                                                                                                         ■ 4. Amend § 422.110 by revising
                                                 Social Security number(s). We will not                                                                        are necessary to clarify certain terms in
                                                                                                         paragraph (a) to read as follows:                     section 9010. The proposed regulations
                                                 assign a Social Security number or issue
                                                 an original or replacement card unless                  § 422.110 Individual’s request for change             affect persons engaged in the business of
                                                 we determine that you meet all of the                   in record.                                            providing health insurance for United
                                                 evidence requirements. We require an                                                                          States health risks.
                                                                                                            (a) Application. If you wish to change
                                                 in-person interview if you are age 12 or                                                                      DATES: Comments and requests for a
                                                                                                         the name or other personal identifying
                                                 older and are applying for an original                  information you previously submitted                  public hearing must be received by May
                                                 Social Security number, unless you are                  in connection with an application for a               27, 2015.
                                                 an alien who requests a Social Security                 Social Security number card, you must                 ADDRESSES: Send submissions to:
                                                 number as part of the immigration                       complete a prescribed application,                    CC:PA:LPD:PR (REG–143416–14), Room
                                                 process described in § 422.103(b)(3). We                except as provided in paragraph (b) of                5203, Internal Revenue Service, PO Box
                                                 may require an in-person interview of                   this section. You must prove your                     7604, Ben Franklin Station, Washington,
                                                 other applicants. All paper or other                    identity, and you may be required to                  DC 20044. Submissions may be hand-
                                                 tangible documents submitted as                         provide other evidence. (See § 422.107                delivered Monday through Friday
                                                 evidence must be originals or copies of                 for evidence requirements.) You may                   between the hours of 8 a.m. and 4 p.m.
                                                 the original documents certified by the                 complete a request for change in records              to CC:PA:LPD:PR (REG–143416–14),
                                                 custodians of the original records and                  in the manner we designate, including                 Courier’s Desk, Internal Revenue
                                                 are subject to verification. We may also                at any Social Security office, or, if you             Service, 1111 Constitution Avenue NW.,
                                                 verify your eligibility factors, as                     are outside the U.S., to the Department               Washington, DC, or sent electronically,
                                                 described in paragraphs (b)–(e) of this                 of Veterans Affairs Regional Office,                  via the Federal eRulemaking portal at
                                                 section, through other means, including                 Manila, Philippines, or to any U.S.                   www.regulations.gov (IRS REG–143416–
                                                 but not limited to data matches or other                Foreign Service post or U.S. military                 14).
                                                 agreements with government agencies or                  post. If your request is for a change of              FOR FURTHER INFORMATION CONTACT:
                                                 other entities that we determine can                    name on the card (that is, verified legal             Concerning the proposed regulations,
                                                 provide us with appropriate and secure                  changes to the first name or surname, or              Rachel S. Smith, (202) 317–6855;
                                                 verification of your eligibility factors.               both), we may issue you a replacement                 concerning submissions of comments
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                                                 *      *    *      *     *                              Social Security number card bearing the               and request for a hearing, Regina
                                                   (c) Evidence of identity. (1) If you                  same number and the new name. We                      Johnson, (202) 317–6901 (not toll-free
                                                 apply for an original Social Security                   will grant an exception to the                        numbers).
                                                 number or a replacement Social                          limitations specified in § 422.103(e)(2)              SUPPLEMENTARY INFORMATION:
                                                 Security number card, you are required                  for replacement Social Security number
                                                 to submit convincing evidence of your                   cards representing a change in name or,               Background
                                                 identity. Evidence of identity may                      if you are an alien, a change to a                      Temporary regulations in the Rules
                                                 consist of a driver’s license,                          restrictive legend shown on the card.                 and Regulations section of this issue of


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                                                 10436                 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Proposed Rules

                                                 the Federal Register amend the Health                   PART 57—HEALTH INSURANCE                              explosions; and criteria and procedures
                                                 Insurance Providers Fee Regulations (26                 PROVIDERS FEE                                         for certification, recertification, and
                                                 CFR part 57) and serve as the text for                                                                        decertification of persons qualified to
                                                 these proposed regulations.                             ■ Paragraph 1. The authority citation                 conduct mine examinations. These
                                                                                                         for part 57 continues to read in part as              issues were raised in reports on the coal
                                                 Special Analyses                                        follows:                                              dust explosion that occurred at the
                                                   It has been determined that these                       Authority: 26 U.S.C. 7805; sec. 9010, Pub.          Upper Big Branch Mine on April 5,
                                                                                                         L. 111–148 (124 Stat. 119 (2010)).                    2010. After reviewing the
                                                 proposed regulations are not a
                                                                                                                                                               recommendations in these reports and
                                                 significant regulatory action as defined                *     *     *    *      *                             related National Institute for
                                                 in Executive Order 12866, as                            ■ Par. 2. Section 57.2 is amended by                  Occupational Safety and Health
                                                 supplemented by Executive Order                         revising paragraphs (b)(3) and (c)(3)(ii)             research, MSHA is seeking information
                                                 13563. Therefore, a regulatory                          to read as follows:                                   and data that will help improve the
                                                 assessment is not required. It also has                                                                       health and safety of underground coal
                                                                                                         § 57.2    Explanation of terms.
                                                 been determined that section 553(b) of                                                                        miners. Submitted information will
                                                 the Administrative Procedure Act (5                     *       *    *      *     *
                                                                                                                                                               assist MSHA in determining appropriate
                                                 U.S.C. chapter 5) does not apply to these                  (b) * * *
                                                                                                                                                               regulatory actions.
                                                 regulations, and because the regulation                    (3) [The text of proposed § 57.2(b)(3)
                                                                                                         is the same as the text of § 57.2T(b)(3)              DATES: Comments must be received by
                                                 does not impose a collection of                                                                               midnight Eastern Standard Time on
                                                 information on small entities, the                      published elsewhere in this issue of the
                                                                                                         Federal Register].                                    April 27, 2015.
                                                 Regulatory Flexibility Act (5 U.S.C.                                                                          ADDRESSES: Submit comments,
                                                 chapter 6) does not apply. Pursuant to                  *       *    *      *     *
                                                                                                            (c) * * *                                          identified by ‘‘RIN 1219–AB85’’, by any
                                                 section 7805(f) of the Code, these                                                                            of the following methods:
                                                 regulations have been submitted to the                     (3) * * *
                                                                                                            (ii) [The text of proposed                            • Federal E-Rulemaking Portal:
                                                 Chief Counsel for Advocacy of the Small                                                                       http://www.regulations.gov. Follow the
                                                 Business Administration for comment                     § 57.2(c)(3)(ii) is the same as the text of
                                                                                                         § 57.2T(c)(3)(ii) published elsewhere in              on-line instructions for submitting
                                                 on its impact on small business.                                                                              comments for Docket Number MSHA–
                                                                                                         this issue of the Federal Register].
                                                                                                                                                               2014–0029.
                                                 Comments and Requests for a Public                      *       *    *      *     *                              • Electronic mail: zzMSHA-
                                                 Hearing                                                 ■ Par. 3. Section 57.10 is amended by
                                                                                                                                                               comments@dol.gov. Include ‘‘RIN 1219–
                                                                                                         revising paragraph (b) to read as follows:            AB85’’ in the subject line of the
                                                   Before the proposed regulations are
                                                 adopted as final regulations,                           § 57.10    Effective/applicability date.              message.
                                                 consideration will be given to any                      *     *     *     *    *                                 • Mail: MSHA, Office of Standards,
                                                 comments that are submitted timely to                     (b) [The text of proposed § 57.10(b) is             Regulations, and Variances, 1100
                                                 the IRS as prescribed in this preamble                  the same as the text of § 57.10T(b)                   Wilson Boulevard, Room 2350,
                                                                                                         published elsewhere in this issue of the              Arlington, Virginia 22209–3939.
                                                 under the ADDRESSES heading. The
                                                                                                                                                                  • Hand Delivery/Courier: MSHA,
                                                 Treasury Department and the IRS                         Federal Register].
                                                                                                                                                               Office of Standards, Regulations, and
                                                 request comments on all aspects of the                  John Dalrymple,                                       Variances, 1100 Wilson Boulevard,
                                                 proposed regulations. All comments                                                                            Room 2350, Arlington, Virginia,
                                                                                                         Deputy Commissioner for Services and
                                                 will be available at www.regulations.gov                Enforcement.                                          between 9:00 a.m. and 5:00 p.m.
                                                 or upon request. A public hearing will                  [FR Doc. 2015–03945 Filed 2–23–15; 4:15 pm]           Monday through Friday, except Federal
                                                 be scheduled if requested in writing by                 BILLING CODE 4830–01–P                                holidays. Sign in at the receptionist’s
                                                 any person that timely submits written                                                                        desk on the 21st floor.
                                                 comments. If a public hearing is                                                                                 Instructions: All submissions received
                                                 scheduled, notice of the date, time, and                                                                      must include the Agency name
                                                                                                         DEPARTMENT OF LABOR
                                                 place for the public hearing will be                                                                          ‘‘MSHA’’ and Docket Number ‘‘MSHA–
                                                 published in the Federal Register.                      Mine Safety and Health Administration                 2014–0029’’ or ‘‘RIN 1219–AB85.’’ All
                                                                                                                                                               comments received will be posted
                                                 Drafting Information
                                                                                                         30 CFR Part 75                                        without change to http://
                                                    The principal author of these                                                                              www.regulations.gov, under Docket
                                                                                                         RIN 1219–AB85                                         Number MSHA–2014–0029, and on
                                                 proposed regulations is Rachel S. Smith,
                                                 IRS Office of the Associate Chief                                                                             http://www.msha.gov/
                                                                                                         Request for Information To Improve
                                                 Counsel (Passthroughs and Special                                                                             currentcomments.asp, including any
                                                                                                         the Health and Safety of Miners and To
                                                 Industries). However, other personnel                                                                         personal information provided.
                                                                                                         Prevent Accidents in Underground
                                                                                                                                                                  Docket: For access to the docket to
                                                 from the Treasury Department and the                    Coal Mines
                                                                                                                                                               read background documents or
                                                 IRS participated in their development.
                                                                                                         AGENCY:  Mine Safety and Health                       comments received, go to http://
                                                 List of Subjects in 26 CFR Part 57                      Administration, Labor.                                www.regulations.gov or http://
                                                                                                         ACTION: Request for information.                      www.msha.gov/currentcomments.asp.
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                                                   Health insurance, Reporting and                                                                             Review comments in person at the
                                                 recordkeeping requirements.                             SUMMARY:  The Mine Safety and Health                  Office of Standards, Regulations, and
                                                 Proposed Amendments to the                              Administration (MSHA) is requesting                   Variances, 1100 Wilson Boulevard,
                                                                                                         information on mine ventilation and                   Room 2350, Arlington, Virginia,
                                                 Regulations
                                                                                                         roof control plans; atmospheric                       between 9:00 a.m. and 5:00 p.m.
                                                   Accordingly, 26 CFR part 57 is                        monitoring systems and new technology                 Monday through Friday, except Federal
                                                 proposed to be amended as follows:                      for remote monitoring systems; methods                Holidays. Sign in at the receptionist’s
                                                                                                         to suppress the propagation of coal dust              desk on the 21st floor.


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Document Created: 2015-12-18 13:05:07
Document Modified: 2015-12-18 13:05:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking by cross-reference to temporary regulations.
DatesComments and requests for a public hearing must be received by May 27, 2015.
ContactConcerning the proposed regulations, Rachel S. Smith, (202) 317-6855; concerning submissions of comments and request for a hearing, Regina Johnson, (202) 317-6901 (not toll-free numbers).
FR Citation80 FR 10435 
CFR AssociatedHealth Insurance and Reporting and Recordkeeping Requirements

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