§323. REPORTING REQUIREMENTS.

Health Insurance Portability and Accountability Act of 1996

TITLE III—TAX-RELATED HEALTH PROVISIONS

(a) In General.—Subpart B of part III of subchapter A of chapter 61 is amended by adding at the end the following new section:

‘‘§6050Q. CERTAIN LONG-TERM CARE BENEFITS.

‘‘(a) Requirement of Reporting.—Any person who pays long-term care benefits shall make a return, according to the forms or regulations prescribed by the Secretary, setting forth—

‘‘(1) the aggregate amount of such benefits paid by such person to any individual during any calendar year,

‘‘(2) whether or not such benefits are paid in whole or in part on a per diem or other periodic basis without regard to the expenses incurred during the period to which the payments relate,

‘‘(3) the name, address, and TIN of such individual, and

‘‘(4) the name, address, and TIN of the chronically ill or terminally ill individual on account of whose condition such benefits are paid.

‘‘(b) Statements To Be Furnished to Persons With Respect to Whom Information Is Required.—Every person required to make a return under subsection (a) shall furnish to each individual whose name is required to be set forth in such return a written statement showing—

‘‘(1) the name of the person making the payments, and

‘‘(2) the aggregate amount of long-term care benefits paid to the individual which are required to be shown on such return.

The written statement required under the preceding sentence shall be furnished to the individual on or before January 31 of the year following the calendar year for which the return under subsection (a) was required to be made.

‘‘(c) Long-Term Care Benefits.—For purposes of this section, the term 'long-term care benefit' means—

‘‘(1) any payment under a product which is advertised, marketed, or offered as long-term care insurance, and

‘‘(2) any payment which is excludable from gross income by reason of section 101(g).’’.

(b) Penalties.—

(b)(1) Subparagraph (B) of section 6724(d)(1) is amended by redesignating clauses (ix) through (xiv) as clauses (x) through (xv), respectively, and by inserting after clause (viii) the following new clause:

‘‘(ix) section 6050Q (relating to certain long-term care benefits),’’.

(2) Paragraph (2) of section 6724(d) is amended by redesignating subparagraphs (Q) through (T) as subparagraphs (R) through (U), respectively, and by inserting after subparagraph (P) the following new subparagraph:

‘‘(Q) section 6050Q(b) (relating to certain long-term care benefits),’’.

(c) Clerical Amendment.—The table of sections for subpart B of part III of subchapter A of chapter 61 is amended by adding at the end the following new item:

‘‘§6050Q. Certain long-term care benefits.’’

(d) Effective Date. .(26 USC 6050Q note)—The amendments made by this section shall apply to benefits paid after December 31, 1996.