This is from the hearing:
http://democrats.energycommerce.hous...2-2013-9-9.pdf
c. Income Verification
Eligibility for the advanced premium tax credits made available through the marketplaces
depends upon the applicant’s income. Additionally, the size of the tax credits and the
availability of cost-sharing reductions vary along with the applicant’s income. When applying
for tax credits or cost-sharing reductions, applicants will be required to input their projected
annual household income so that the marketplace can determine the amount of financial
assistance, if any, they are eligible for.
There are numerous protections in place to ensure that individuals only receive financial
assistance for which they are eligible. If the individual’s actual income makes them ineligible
for the assistance they received, the IRS will recoup excess payments when the individual files
his or her taxes. Additionally, when applicants provide information in their applications, they
attest under penalty of perjury that they are not providing false or fraudulent information. The
Affordable Care Act also sets out additional financial penalties if individuals negligently or
deliberately provides false or fraudulent information on their application.
In addition to these robust safeguards on the back-end, CMS also takes significant steps to
verify accuracy of the individual’s projected annual income during the application process.
When applicants submit projected annual household income to the marketplace, that information
is compared with IRS and Social Security data as well as current wage data in Equifax’s
database. If the information in these databases do not match up with the information provided by
the applicant, the Marketplace will request an explanation or additional documentation.
If Equifax data is not available for a given applicant, and the applicant’s attested income is
more than 10% below IRS or SSA data, and the individual cannot provide a reasonable
explanation of the discrepancy, the Marketplace will request additional documentation from the
applicant. CMS has said that while it will allow state marketplaces to request this additional
documentation from a statistically representative sample of applicants, the federal marketplace
will request additional documentation from 100% of applicants meeting this criteria.
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I can't find any reference that HHS will not verify income or that the IRS will not require overpaid subsidies to be paid back. This is the only change I could find after the budget deal:
The only provision of the budget resolution that directly addresses the ACA requires the HHS Secretary to certify to Congress that the exchanges verify eligibility for premium tax credits and cost-sharing reduction payments consistently with the requirements of section 1411 of the ACA. By January 1, 2014, HHS must submit a report to Congress as to how the exchanges are verifying eligibility, and by July 1, 2014, the HHS Office of Inspector General must submit a report to Congress as to the effectiveness of the eligibility procedures and safeguards in place for preventing inaccuracies and fraud.