Title 26, Internal Revenue CodeRelease 119-110

§4375 Health Insurance

Title 26 › Subtitle D — Miscellaneous Excise Taxes › CHAPTER 34 — TAXES ON CERTAIN INSURANCE POLICIES › Subchapter B — Insured and Self-Insured Health Plans › § 4375

Last updated Sep 22, 2026|Official source

Summary

Insurance companies must pay a fee for each health insurance policy year that ends after September 30, 2012. The fee is $2 for each person covered by the policy, except $1 per person for policy years that end during fiscal year 2013. The company that issues the policy must pay the fee. The rule covers most accident and health policies for people living in the United States, including group plans, but not policies that mostly provide “excepted benefits” (defined elsewhere). Prepaid plans where fixed payments are made to provide or arrange coverage are treated like policies, and the person getting those payments is treated like the issuer. After fiscal year 2014, the per-person fee rises each year by the percentage increase in projected per capita National Health Expenditures. The fee does not apply to policy years ending after September 30, 2029.

Full Legal Text

Title 26, §4375

Internal Revenue Code, Source: USLM XML via OLRC

(a)Imposition of fee
There is hereby imposed on each specified health insurance policy for each policy year ending after September 30, 2012, a fee equal to the product of $2 ($1 in the case of policy years ending during fiscal year 2013) multiplied by the average number of lives covered under the policy.
(b)Liability for fee
The fee imposed by subsection (a) shall be paid by the issuer of the policy.
(c)Specified health insurance policy
For purposes of this section: (1) In general
(2)Exemption for certain policies
The term “specified health insurance policy” does not include any insurance if substantially all of its coverage is of excepted benefits described in section 9832(c).
(3)Treatment of prepaid health coverage arrangements
(A)In general
In the case of any arrangement described in subparagraph (B), such arrangement shall be treated as a specified health insurance policy, and the person referred to in such subparagraph shall be treated as the issuer.
(B)Description of arrangements
An arrangement is described in this subparagraph if under such arrangement fixed payments or premiums are received as consideration for any person’s agreement to provide or arrange for the provision of accident or health coverage to residents of the United States, regardless of how such coverage is provided or arranged to be provided.
(d)Adjustments for increases in health care spending
In the case of any policy year ending in any fiscal year beginning after September 30, 2014, the dollar amount in effect under subsection (a) for such policy year shall be equal to the sum of such dollar amount for policy years ending in the previous fiscal year (determined after the application of this subsection), plus an amount equal to the product of— (1)
(2)the percentage increase in the projected per capita amount of National Health Expenditures, as most recently published by the Secretary before the beginning of the fiscal year.
(e)Termination
This section shall not apply to policy years ending after September 30, 2029.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2019—Subsec. (e). Pub. L. 116–94 substituted “2029” for “2019”.

Reference

Citations & Metadata

Citation

26 U.S.C. § 4375

Title 26, Internal Revenue Code

Last Updated

Sep 22, 2026

Release point: 119-110