§9831 — Title 26 Internal Revenue Code | U.S. Code

Summary

Most of the federal group health plan rules in this chapter do not apply to government plans, and they do not apply to a plan that has fewer than 2 current employees participating on the first day of the plan year, except for one rule (section 9826) that still applies to those small plans. The rules also do not apply to "excepted benefits," such as coverage sold under a separate policy or benefits that are not an integral part of the plan, as long as certain conditions are met. There is also a carve-out for small employers. A qualified small employer health reimbursement arrangement (QSEHRA) does not count as a group health plan at all. To qualify, the employer must not be a large employer, must not offer any group health plan, and must fund the arrangement entirely itself with no salary reductions. The arrangement repays employees for medical expenses after they show proof of coverage, on the same terms for all eligible employees. Payments are limited to $4,950 a year, or $10,000 if family members are also covered, with both amounts adjusted for inflation for years after 2016 and prorated if you are covered for only part of the year. The employer must give each eligible employee a written notice about the benefit at least 90 days before the year starts, including a reminder to report the benefit when applying for premium tax credit help on a health insurance exchange.

Title 26, §9831

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(a)The requirements of this chapter shall not apply to—

(1)any governmental plan, and

(2)other than with respect to section 9826, any group health plan for any plan year if, on the first day of such plan year, such plan has less than 2 participants who are current employees.

(b)The requirements of this chapter shall not apply to any group health plan in relation to its provision of excepted benefits described in section 9832(c)(1).

(c)(1)The requirements of this chapter shall not apply to any group health plan in relation to its provision of excepted benefits described in section 9832(c)(2) if the benefits—

(A)are provided under a separate policy, certificate, or contract of insurance; or

(B)are otherwise not an integral part of the plan.

(2)The requirements of this chapter shall not apply to any group health plan in relation to its provision of excepted benefits described in section 9832(c)(3) if all of the following conditions are met:

(A)The benefits are provided under a separate policy, certificate, or contract of insurance.

(B)There is no coordination between the provision of such benefits and any exclusion of benefits under any group health plan maintained by the same plan sponsor.

(C)Such benefits are paid with respect to an event without regard to whether benefits are provided with respect to such an event under any group health plan maintained by the same plan sponsor.

(3)The requirements of this chapter shall not apply to any group health plan in relation to its provision of excepted benefits described in section 9832(c)(4) if the benefits are provided under a separate policy, certificate, or contract of insurance.

(d)(1)For purposes of this title (and notwithstanding any other provision of this title), the term “group health plan” shall not include any qualified small employer health reimbursement arrangement.

(2)For purposes of this subsection—

(A)The term “qualified small employer health reimbursement arrangement” means an arrangement which—

(i)is described in subparagraph (B), and

(ii)is provided on the same terms to all eligible employees of the eligible employer.

(B)An arrangement is described in this subparagraph if—

(i)such arrangement is funded solely by an eligible employer and no salary reduction contributions may be made under such arrangement,

(ii)such arrangement provides, after the employee provides proof of coverage, for the payment of, or reimbursement of, an eligible employee for expenses for medical care (as defined in section 213(d)) incurred by the eligible employee or the eligible employee’s family members (as determined under the terms of the arrangement), and

(iii)the amount of payments and reimbursements described in clause (ii) for any year do not exceed $4,950 ($10,000 in the case of an arrangement that also provides for payments or reimbursements for family members of the employee).

(C)For purposes of subparagraph (A)(ii), an arrangement shall not fail to be treated as provided on the same terms to each eligible employee merely because the employee’s permitted benefit under such arrangement varies in accordance with the variation in the price of an insurance policy in the relevant individual health insurance market based on—

(i)the age of the eligible employee (and, in the case of an arrangement which covers medical expenses of the eligible employee’s family members, the age of such family members), or

(ii)the number of family members of the eligible employee the medical expenses of which are covered under such arrangement.

(D)(i)In the case of an individual who is not covered by an arrangement for the entire year, the limitation under subparagraph (B)(iii) for such year shall be an amount which bears the same ratio to the amount which would (but for this clause) be in effect for such individual for such year under subparagraph (B)(iii) as the number of months for which such individual is covered by the arrangement for such year bears to 12.

(ii)In the case of any year beginning after 2016, each of the dollar amounts in subparagraph (B)(iii) shall be increased by an amount equal to—

(I)such dollar amount, multiplied by

(II)the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting “calendar year 2015” for “calendar year 2016” in subparagraph (A)(ii) thereof.

(3)For purposes of this subsection—

(A)The term “eligible employee” means any employee of an eligible employer, except that the terms of the arrangement may exclude from consideration employees described in any clause of section 105(h)(3)(B) (applied by substituting “90 days” for “3 years” in clause (i) thereof).

(B)The term “eligible employer” means an employer that—

(i)is not an applicable large employer as defined in section 4980H(c)(2), and

(ii)does not offer a group health plan to any of its employees.

(C)The term “permitted benefit” means, with respect to any eligible employee, the maximum dollar amount of payments and reimbursements which may be made under the terms of the qualified small employer health reimbursement arrangement for the year with respect to such employee.

(4)(A)An employer funding a qualified small employer health reimbursement arrangement for any year shall, not later than 90 days before the beginning of such year (or, in the case of an employee who is not eligible to participate in the arrangement as of the beginning of such year, the date on which such employee is first so eligible), provide a written notice to each eligible employee which includes the information described in subparagraph (B).

(B)The notice required under subparagraph (A) shall include each of the following:

(i)A statement of the amount which would be such eligible employee’s permitted benefit under the arrangement for the year.

(ii)A statement that the eligible employee should provide the information described in clause (i) to any health insurance exchange to which the employee applies for advance payment of the premium assistance tax credit.

(iii)A statement that if the employee is not covered under minimum essential coverage for any month the employee may be subject to tax under section 5000A for such month and reimbursements under the arrangement may be includible in gross income.

Notes & Related Subsidiaries

Inflation Adjusted Items for Certain YearsFor inflation adjustment of certain items in this section, see Revenue Procedures listed in a table under section 1 of this title.

Editorial Notes

Amendments

2026—Subsec. (a)(2). Pub. L. 119–75 inserted “other than with respect to section 9826 of this title,” before “any group health plan”. 2019—Subsec. (d)(1). Pub. L. 116–94 struck out “except as provided in section 4980I(f)(4)” before “and notwithstanding any other provision of this title”. 2017—Subsec. (d)(2)(D)(ii)(II). Pub. L. 115–97 substituted “for ‘calendar year 2016’ in subparagraph (A)(ii)” for “for ‘calendar year 1992’ in subparagraph (B)”. 2016—Subsec. (d). Pub. L. 114–255 added subsec. (d). 1997—Pub. L. 105–34 renumbered section 9804 of this title as this section and substituted reference to section 9832 of this title for reference to section 9805 of this title in subsecs. (b) and (c)(1) to (3).

Statutory Notes and Related Subsidiaries

Effective Date

of 2019 AmendmentAmendment by Pub. L. 116–94 applicable to taxable years beginning after Dec. 31, 2019, see section 503(c) of Pub. L. 116–94, set out as a note under section 6051 of this title.

Effective Date

of 2017 AmendmentAmendment by Pub. L. 115–97 applicable to taxable years beginning after Dec. 31, 2017, see section 11002(e) of Pub. L. 115–97, set out as a note under section 1 of this title.

Effective Date

of 2016 AmendmentAmendment by Pub. L. 114–255 applicable to years beginning after Dec. 31, 2016, see section 18001(a)(7) of Pub. L. 114–255, set out as a note under section 36B of this title.

Effective Date

of 1997 AmendmentAmendment by Pub. L. 105–34 applicable with respect to group health plans for plan years beginning on or after Jan. 1, 1998, see section 1531(c) of Pub. L. 105–34, set out as a note under section 4980D of this title.

Effective Date

Section applicable to plan years beginning after June 30, 1997, see section 401(c) of Pub. L. 104–191, set out as a note under section 9801 of this title.

§9831 General Exceptions

Summary

Title 26, §9831

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

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