Individual Mandate – Shared Responsibility Penalty ISR
for not having Health Insurance 
in California!

California tax penalty for not having health insurance

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Covered California Mandate Tax Penalty
Fact Sheet
Covered CA Bulletin on Mandate

Note Covered CA simply controls the Market.  These penalties are for EVERYONE!!!
Even if you are not getting Covered CA Tax Subsidies!

Tax Penalty

The penalty for not having qualifying health insurance has increased. As a reminder, there are two methods of calculating the penalty, and a household will pay whichever calculation yields the larger penalty:

  1. FTB Tax Penalty Calculator
  2. A flat amount based on the number of people in the household – $800 per adult 18 years or older and $400 per dependent child for no coverage for an entire year; up to an annual max of $2,400.
  3. A percentage of the household income – 2.5% of all gross household income over the tax filing threshold. (b) (1) Code
    1. Covered CA with subsidies can be as little at $10/mth    *  Get quotes
  4. Covered California Individual Mandate and Penalty Quick Guide  Covered CA 10/2025 
    1. Covered CA Penalty Quick Guide
  5.  
  6. Tools to estimate income for next year.

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Instant Quote & Subsidy #Calculation
There is No charge for our complementary services, we are paid by the Insurance Company.

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Covered California Certified Insurance Agent

Steve Shorr’s Summary of this page and the new law

CA Insurance Mandate Video

Our Individual Insurance YouTube Playlist

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Penalty – Exemptions 

California Mandate Penalty

#Franchise Tax Board  Information FTB Website  

FTB mandate penalty

penalty estimator
 
 
CA legislature passes legislation SB 175  SB 78 and AB 414 to put mandate back in! CA KCRA

FTB Table of Contents

California Mandate Penalty #Exemptions

Exemptions Claimed on #State Tax Return
Forms   * Form 3853 Exemptions & PenaltyInstructions FTB 3853

  1. Income is below the tax filing threshold
    1. VITA Free Tax Assistance
    2. IRS Do I need to File a Return Tool
    3. HR Block Listings
  2. Health coverage is considered unaffordable  Tool to calculate affordability 
  3. Families’ self-only coverage combined cost is unaffordable
  4. Short coverage gap of 3 consecutive months or less
  5. Certain non-citizens who are not lawfully present
  6. Certain citizens living abroad/residents of another state or U.S. territory
  7. Members of health care sharing ministry
  8. Members of federally-recognized Indian tribes including Alaskan Natives
  9. Incarceration (other than incarceration pending the disposition of charges)
  10. Enrolled in limited or restricted-scope [Share of Cost?] Medi-Cal or other coverage from the California  department of Health Care Services FTB.Gov *

Exemptions Processed by Covered California

  • Religious conscience exemption
  • Affordability hardship
  • General hardships

Penalty Estimator Tool 

Top 5 - 10 causes of Long Term Disability Claims 

Lower back disorders  ♦   Depression  ♦ Coronary heart disease, arthritis and pulmonary diseases  (Met Life♦  Disability Can Happen    CDC Statistics

Top 5 causes of Disabilty

 

Our webpage on  Disability Payments - Insurance 

Get Disability Quotes for Parents, Caretakers & Wage Earners  

Historical

View the older HISTORICAL versions of this page on Archive.org 

Way Back Machine Archive.org

Tax Cuts & Jobs Act

Federal Mandate penalty drops to Zero

The New Tax Bill HR 1 Tax Cuts & Jobs act drops the mandate penalty to zero, but many would argue the mandate is still valid.  Congress could put a financial tax penalty back in, see Texas v USA –  CA   brief page # 34.

PART VIII—INDIVIDUAL MANDATE

SEC.11081. ELIMINATION OF SHARED RESPONSIBILITY PAYMENT FOR INDIVIDUALS FAILING TO MAINTAIN MINIMUM ESSENTIAL COVERAGE.

(a) In General.—Section 5000A(c) is amended—

(1) in paragraph (2)(B)(iii), by striking “2.5 percent” and inserting “Zero percent”, and

(2) in paragraph (3)—

(A) by striking “$695” in subparagraph (A) and inserting “$0”, and

(B) by striking subparagraph (D).

(b) Effective Date.—The amendments made by this section shall apply to months beginning after December 31, 2018.

Obama Care imposes a  Individual Mandate – Tax Penalty  of 2.5% of income (calculate it)  on just about ALL legal residents, if you don’t Purchase Health Insurance.  Your coverage must include the 10 Essential Minimum Benefits and meet the definition of Minimum Essential Coverage (MEC),  unless you qualify for an exemption, (§5000 A).   Just check off on line 61 of your 1040 that you complied.   You will also get a 1095 from your Insurance Company.  

The Health Care Law provides for  subsidies and tax Credits to help you pay the premium.  We can help you with that at no additional charge.  Complementary quotes for compliant guaranteed issue plans.  

You might also talk to your Employer about providing Coverage. Tell him he can get a FREE Quote  and it’s tax deductible for him and tax free to you §106 IRC.

CA fights Trumps attacks on ACA/Obamacare LA Times 8.15.2019 *

Resources & Links

What is Minimum #Essential Coverage (MEC)?

26 USC §5000 A   

(a) Requirement to #maintain minimum essential coverage  

While there may no longer be a Federal Penalty for not having health insurance, we are showing you this page, as we expect California’s mandate to have the same rules.

The individual shared responsibility provision aka mandate requires you and each member of your family to have basic health coverage – also known as

Minimum Essential Coverage –(Bronze Plan)   “§5000 A  (f)  (1) pdf  Cornel HTML * Publication 974  *

or qualify for a health coverage exemption, or make an individual shared responsibility payment mandate  for months without coverage or an exemption when you file your federal income tax return.

Many people already have minimum essential coverage and do not need to do anything more than maintain that coverage and report their coverage when they file their tax returns. Most taxpayers will simply check a box to indicate that each member of their family had qualifying health coverage for the whole year.

See also,

Subscribe to IRS Tax Tips to get easy-to-read tips via e-mail from the IRS.

(5) Insurance-related terms
Any term used in this section which is also used in title I of the Patient Protection and Affordable Care Act shall have the same meaning as when used in such title.

Resources & Links

Code of Federal Regulations
Subpart G—Minimum Essential Coverage

§156.600 The definition of minimum essential coverage.   §5000 A  (f)
§156.602   Other coverage that qualifies as minimum essential coverage.
§156.604   Requirements for recognition as minimum essential coverage for types of coverage not otherwise designated minimum essential coverage in the statute or this subpart.

§156.606   HHS audit authority.

3 comments on “Mandate Penalty California Individual & Family

  1. Great question — and this is exactly the right way to think about insurance: **What’s the real risk?**

    I’ll give you a practical, real-world answer based on population data for U.S. women in their late 50s and 60s.

    ## Short Answer

    For a healthy 58-year-old woman:

    * **Chance of having $10,000+ in medical expenses in any single year:**
    👉 Roughly **10%–20% per year**

    * **Chance of having at least one $10,000+ year over the next 10 years:**
    👉 Approximately **60%–85% cumulative probability**

    That’s much higher than most people expect.

    ## Why the Risk Is That High

    Medical spending isn’t linear — it’s **lumpy**.

    You may have:

    * 5–7 very low-cost years
    * 1 year with surgery, cancer, hospitalization, or cardiac issue
    * 1 year with unexpected diagnostic workups

    It only takes **one event** to cross $10,000.

    ## What Typically Pushes Someone Over $10,000?

    Here are common triggers for women age 58–68:

    ### 1. Cancer Diagnosis

    * Breast cancer treatment can easily exceed $50,000–$150,000
    * Even with early detection, surgery + radiation often exceeds $10,000

    ### 2. Orthopedic Surgery

    ![Image](https://www.felixhospital.com/dynamic_webpages/admin/uploads/67b8386976ef2_KNEE%20Replacement.webp)

    ![Image](https://www.researchgate.net/publication/319343055/figure/fig2/AS%3A667819859521556%401536232070924/Demonstration-of-an-operating-room-setup-Note-that-the-patient-is-supine-in-traction.png)

    ![Image](https://orthoinfo.aaos.org/globalassets/figures/a00406f07.jpg)

    ![Image](https://www.hopkinsmedicine.org/health/treatment-tests-and-therapies/-/media/ksw-images/amuscsk20140310v0009300x300.ashx)

    * Knee replacement: $30,000+
    * Hip replacement: $35,000+
    * Even arthroscopic repairs can hit $10,000

    ### 3. Cardiac Events

    * ER visit + stress test + angiogram = $10,000+
    * Stent placement: $25,000+

    ### 4. Gallbladder or Appendectomy

    * Very common in this age group
    * Hospital + surgery = $15,000–$40,000

    ### 5. Auto Accident

    * Even minor trauma with imaging + ER visit can hit $10,000 quickly

    ## Statistical Perspective

    Healthcare cost studies consistently show:

    * The **top 10% of patients account for ~70% of costs**
    * By your 60s, the chance of landing in that top 10% at least once increases significantly
    * Average annual spending for women 55–64 is already around $7,000–$9,000 — and averages hide spikes

    You’re not buying insurance for the average year.
    You’re buying it for the **spike year**.

    ## A Simple Way to Think About It

    If your risk is roughly 15% per year, over 10 years:

    The chance you *avoid* a big year every year =
    0.85 × 0.85 × 0.85 × … (10 times)

    That equals about **20%–40%**

    Meaning there’s a **60%–80% chance you’ll have at least one big year**.

    ## The Bigger Question

    The real issue isn’t:

    > “Will I spend $10,000?”

    It’s:

    > “If I do, can I comfortably write that check without stress?”

    If yes → high deductible strategy may make sense.
    If no → insurance is protecting liquidity and assets, not routine care.

    If you’d like, I can:

    * Compare that risk to a $900/month premium scenario
    * Run a break-even analysis
    * Show you catastrophic-only strategy math
    * Or look at what self-insuring actually requires in reserves

    Just tell me which direction you want to explore.

  2. Totally fair question — and honestly, a lot of people your age who are healthy are asking the *exact* same thing right now. You’re not missing something obvious; the system just isn’t built for people who rarely use care.

    Let me break it down cleanly and without the marketing fluff.

    ## Why would someone like you even use Covered California?

    ### The **only real reasons** are:

    1. **Subsidies (APTC)**
    If you qualified for subsidies, Covered California would usually make sense.
    You don’t anymore — so this benefit is gone.

    2. **Guaranteed issue & protections**

    * No medical underwriting
    * No exclusions for pre-existing conditions
    * Caps on out-of-pocket costs
    These matter *only if* something big and unexpected happens.

    3. **Future-proofing**
    If your income drops mid-year, Covered California can **restart subsidies immediately**.
    Off-exchange plans cannot retroactively give you APTC.

    That’s it. If none of those matter to you right now, Covered California loses most of its value.

    ## “I’m healthy, I use Teladoc once or twice a year — why pay $900/month?”

    From a **pure cash-flow perspective**, it doesn’t make sense.

    At 58, you’re paying for:

    * Age-rated premiums (steep jump after 55)
    * ACA-required benefits you don’t use (maternity, mental health parity, etc.)
    * Risk pooling (you’re subsidizing sicker members)

    If you’re spending:

    * $0–$300/year on actual care
    and
    * $10,000+ per year on premiums

    That’s not insurance — that’s prepaying for something you don’t consume.

    ## The silver plan issue — yes, it’s infuriating, and here’s why it happens

    > **“How dare they charge more in Covered California than direct?”**

    You’re not imagining it. This is real, and it’s called **Silver Loading**.

    ### What’s going on:

    * Insurance companies must offer **extra cost-sharing reductions (CSR)** to lower-income silver plan members
    * The federal government stopped reimbursing insurers for those CSRs
    * Insurers recoup the cost by **loading it onto silver plans sold through Covered California**

    So:

    * **On-exchange Silver = more expensive**
    * **Off-exchange Silver = cheaper**
    * **Gold plans can sometimes be cheaper than Silver on-exchange**

    It’s backwards. And yes, it feels like punishment for buying the “official” way.

    This pricing strategy is used by carriers like:

    * Blue Shield of California
    * Kaiser Permanente
    * Health Net

    Covered California allows it. They don’t control base premiums — insurers do.

    ## So what *actually* makes sense for someone like you?

    Here are the **rational options**, not the brochure answers:

    ### 1. Off-exchange ACA plan (same coverage, lower price)

    * Same doctors, same benefits
    * No silver loading penalty
    * No subsidies, but you already lost those anyway

    ### 2. Bronze or catastrophic-style strategy

    * You’re insuring against a *disaster*, not routine care
    * Pair it with Teladoc + cash-pay urgent care
    * Accept higher deductible intentionally

    ### 3. Self-insure + plan for worst-case risk

    Some healthy, high-income 50-somethings do this:

    * Pay cash for routine care
    * Keep a large emergency fund
    * Understand the risk if something catastrophic happens

    Not for everyone — but financially coherent.

    ### 4. Short-term or alternative coverage (California = very limited)

    California heavily restricts this, so options here are slim — but worth understanding the limits before dismissing it.

    ## The uncomfortable truth

    Covered California is **not designed** for:

    * Healthy
    * High-income
    * Low-utilization
    * Pre-Medicare adults in their late 50s

    It’s designed for:

    * Subsidized buyers
    * Chronic conditions
    * People who need predictable care

    If you don’t fit that profile, you’re paying a premium to support the system — not because it’s the best deal for *you*.

    If you want, I can:

    * Compare **on-exchange vs off-exchange pricing** side-by-side for your age
    * Show when it *does* make sense to switch back to Covered California
    * Help you think through a **“bridge to Medicare at 65”** strategy so you don’t overpay for the next 7 years

    You’re asking the right questions — most people don’t.

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