Section 111M:2 - Requirements(a) As of July 1, 2007, the following individuals age 18 and over shall obtain and maintain creditable coverage so long as it is deemed affordable under the schedule set by the board of the connector, established by chapter 176Q: (1) residents of the commonwealth; or (2) individuals who become residents of the commonwealth within 63 days, in the aggregate. Residents who within 63 days have terminated any prior creditable coverage, shall obtain and maintain creditable coverage within 63 days of such termination.(b) Every person who files or is required to file an individual return as a resident of the commonwealth, either separately or jointly with a spouse, shall indicate on the return, in a manner prescribed by the commissioner of revenue, whether such person, as of the last day of the taxable year for which the return is filed: (i) had creditable coverage in force as required under paragraph (a) whether covered as an individual or as a named beneficiary of a policy covering multiple individuals; (ii) claims an exemption under section 3; or (iii) had a certificate issued under section 3 of chapter 176Q. If the person does not so indicate, or indicates that he did not have such coverage in force, then the tax shall be computed on the return without benefit of the personal exemption set forth in paragraph (b) of Part B of section 3 of chapter 62, or, in the case of a person who files jointly with a spouse, without benefit of one-half of the personal exemption set forth in said paragraph (b). If the person indicates that he had such creditable coverage available through the commonwealth health insurance connector in force but the commissioner determines, based on the information available to him, that the requirement of paragraph (a) was not met, then the commissioner shall compute the tax for the taxable year without benefit of the personal exemption set forth in said paragraph (b) of said Part B of said section 3 of said chapter 62, or, in the case of a person who files jointly with a spouse, without benefit of one-half of the personal exemption set forth in said paragraph (b). The commissioner shall first give notice to such person of his intent to do so and provide an opportunity for a hearing, under rules prescribed by the commissioner. Whenever, under this section, the tax is computed without benefit of the personal exemption, or without benefit of one-half of the personal exemption, the difference between the tax so computed and the tax that would be computed in the absence of this section shall constitute a penalty assessed under this section. The commissioner shall have all enforcement and collection procedures available under chapter 62C to collect the penalty assessed under this section.(c) The commissioner shall deposit all penalties assessed under this section that he collects into the Commonwealth Care Trust Fund, established by section 2OOO of chapter 29. Mass. Gen. Laws ch. 111M, § 2
Amended by Acts 2007, c. 228,§ 7, eff. 1/1/2008.Amended by Acts 2007, c. 205,§14, eff. 1/1/2008 and §§ 13, 15 eff. 2/27/2008.Amended by Acts 2006, c. 450,§ 7, eff. 4/12/2006.Amended by Acts 2006, c. 58,§ 13, eff. 1/1/2008Added by Acts 2006, c. 58,§ 12, eff. 7/1/2007.