3/29 Congresswoman Speier Update

March 29, 2014

Dear Friends,

With the healthcare enrollment deadline only 3 days away, I wanted to send an important message to you about the Affordable Care Act’s premium tax credits and survivors of domestic violence.

Survivors of domestic violence face a unique barrier when attempting to qualify for tax credits that will lower their monthly premiums while searching for a healthcare plan in the new marketplace. Current regulations state that married taxpayers who do not file a joint return are ineligible for premium tax credits. However, it’s common for survivors of domestic violence to file taxes separately from their spouses to protect themselves from the ongoing threat of abuse. This has posed a significant problem for these individuals, as many are now living on one income, and should qualify for healthcare premium assistance.

In response to a letter that I signed with 76 of my colleagues to Secretary of the Treasury Jack Lew, the Department of Treasury and the IRS released new guidelines that permit these separated individuals to claim a premium tax credit for 2014, while filing a tax return with a filing status of “Married Filing Separately”.

In addition, although the deadline to enroll is coming up on March 31st, the U.S. Department of Health and Human Services has allowed marketplaces to establish a special enrollment period for such individuals so that they will have sufficient time to select a qualified plan through the marketplace. For our healthcare marketplace here in California (known as Covered California), the special enrollment period for survivors of domestic violence will last until May 31st. To clarify, the special enrollment period is only for survivors of domestic violence. All other applicants only have until March 31st to enroll.

For guidance on how domestic violence survivors can claim a premium tax credit for 2014 when filing separately from their spouse, please see the release here. For any other questions about these new guidelines, please contact my district office at (650) 342-0300.

All the best,

Jackie