We are all aware of the Massachusetts requirement to have health insurance and that there are penalties for failure to have the required coverage.  But what happens if you don’t have the coveverage through no fault of your own?  In this economy, many people have lost their jobs and their health care coverage.  Is it fair to be charged a penalty under these circumstances?

Massachusetts Department of Revenue is responsible to obtain information from you when you file your income tax return to verify that you have coverage or to collect the penalty or to allow you the opportunity to request an appeals hearing if you do not have coverage.  That is the extent of their responsibility.

The good news is that if you have coverage for 9 months out of the year you are considered to have coverage for a full year.  The other good news is that if you do not have the required coverage, you have the right to an appeals hearing with the Health Care Connector.  Appeals hearings are based on a taxpayer appeal.  Each case is reviewed individually and the officers have a large degree of discretion.  The more documentation a taxpayer provides  the easier it is for the officer to make a decision.  According to one representative at the Connector the agency is quite flexible in the sense that appeals hearings can be held face to face or over the phone.  You should not hesitate to register an appeal if you feel that your circumstances warrant a lack of health insurance coverage.

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