SECTION 3. PROCEDURE FOR
Internal Revenue Bulletin 2004-9 · 2026-10-03 edition · updated 2026-10-04 · United States
ELECTING TREATMENT AS QUALIFIED HEALTH INSURANCE
.01 This section sets forth the procedures that a state must follow in order to elect to have coverage described in paragraphs (2) through (8) of section 2.05 of this revenue procedure (state-based continuation coverage or coverage under other state-based plans) treated as qualified health insurance. As described in section 2.07 of this revenue procedure, such coverage is not qualified health insurance unless such an election is made.
.02 To make an election, a state must provide a letter that contains the following information:
(1) Identifies and is signed by the governor or other state official responsible for
implementing this decision, including address and telephone number;
(2) Specifies the category or categories of health coverage chosen by the state (from among the categories described in paragraphs (2) through (8) of section 2.05 of this revenue procedure (state-based continuation coverage or other state-based plans));
(3) Provides the name and policy form number or other unique identifier for each qualifying plan in each category, and provides a name and contact number for the plan administrator or insurance carrier official who can provide additional information, if necessary. This information is required only for coverage described in paragraphs (3) through (8) of section 2.05 of this revenue procedure; it need not be provided for state-based continuation coverage described in paragraph (2) of section 2.05 of this revenue procedure; and (4) Certifies that the four requirements described in section 2.07 of this revenue procedure are met for each plan being elected under each category.
.03 The letter must be sent to:
Director, Health Coverage Tax Credit Internal Revenue Service 1111 Constitution Ave., N.W. W:HCTC/CNN 750 Washington, D.C. 20224
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