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B-334701 Oct 27, 2022 1 (2022-10-27)

handle is hein.gao/gaonvc0001 and id is 1 raw text is: G A ; U.S. GOVERNMENT ACCOUNTABILITY OFFICE 441 G St. N.W. Washington, DC 20548 B-334701 October 27, 2022 The Honorable Ron Wyden Chairman The Honorable Mike Crapo Ranking Member Committee on Finance United States Senate The Honorable Richard Neal Chairman The Honorable Kevin Brady Republican Leader Committee on Ways and Means House of Representatives Subject: Department of the Treasury, Internal Revenue Service: Affordability of Employer Coverage for Family Members of Employees Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Department of the Treasury, Internal Revenue Service (IRS) entitled Affordability of Employer Coverage for Family Members of Employees (RIN: 1545-BQ16). We received the rule on October 11, 2022. It was published in the Federal Register as final regulations on October 13, 2022. 87 Fed. Reg. 61979. The effective date is December 12, 2022. According to IRS, this final rule provides guidance on the affordability of employer-sponsored minimum essential coverage (employer coverage) for family members of employees. IRS stated that the rule amends the section 36B regulations of the Internal Revenue Code (26 U.S.C. § 36B) regarding eligibility for the premium tax credit to provide that affordability of employer coverage for family members of an employee is based on the employee's share of the cost of covering the employee and those family members, not the cost of covering only the employee. IRS also indicated that the rule adds a minimum value rule for family members of employees based on the benefits provided to the family members. Enclosed is our assessment of IRS's compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. If you have any questions about this report or wish to contact GAO officials responsible for the evaluation work relating to the subject matter of the rule, please contact Shari Brewster, Assistant General Counsel, at (202) 512-6398. ~ . Shirley A. Jones Managing Associate General Counsel

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