Published on July 22, 2025

The Health Care Penalty: What You Need to Know Now

Sorting through old tax rules can feel like an archeological dig, unearthing policies you’ve long forgotten. The federal health care penalty is one of those rules that still causes confusion. You might remember it as the Obama care tax penalty 2018 or the fee for not having coverage. While the penalty for no health insurance 2018 is gone (and was zero by 2019), the principle behind it is more relevant than ever. Let’s clear up how that old penalty worked and discuss what really matters for your health and financial security as a Medicare beneficiary.

Key Takeaways

  • The Federal Penalty No Longer Applies: The nationwide tax penalty for not having health insurance ended after the 2018 tax year. You don’t have to worry about facing this specific fee on any of your recent federal tax returns.
  • Check for State-Specific Mandates: While the federal rule is gone, a handful of states, including California and Massachusetts, have their own laws requiring health coverage. Living in one of these areas without a qualifying plan could result in a penalty on your state tax return.
  • Your Medicare Plan Counts as Coverage: If you are enrolled in Medicare Part A or a Medicare Advantage plan, you are considered to have qualifying health coverage. This means you were always exempt from the old federal penalty and are not subject to current state mandates.

What Was the 2018 Health Care Penalty?

If you’re looking back at your 2018 taxes, you might have questions about the health insurance penalty. It can feel confusing, but we’re here to walk you through it. For that year, not having a certain level of health insurance could result in a fee on your federal tax return. This was part of the Affordable Care Act’s individual mandate. While this federal penalty is no longer in effect, understanding how it worked is still important, especially if you’re reviewing past finances or just trying to make sense of how insurance rules have evolved.

How Was the Penalty Calculated?

The fee for not having health insurance in 2018 wasn’t a single, flat amount for everyone. It was calculated based on your specific situation. When you filed your taxes, the penalty was the higher of two amounts: either a percentage of your income or a flat fee. Specifically, it was 2.5% of your household income above the annual filing threshold, or $695 per adult and $347.50 per child under 18. The flat fee had a family maximum of $2,085. So, if 2.5% of your income was more than the flat fee, you paid the percentage. If the flat fee was more, you paid that amount instead.

The Penalty’s Growth from 2014 to 2018

The penalty didn’t start at its highest level. Instead, it was designed to increase each year between 2014 and 2018. The idea was to gradually encourage people to get health coverage, giving everyone time to find a plan as the financial reasons for doing so grew stronger. During those years, if you didn’t have a qualifying health plan and weren’t exempt, the IRS simply added the fee to your tax return. This meant the penalty was either taken from your tax refund or added to the amount you owed. By the time 2018 arrived, the penalty had reached its peak: 2.5% of your household income or $695 per adult, whichever amount was higher.

Who Qualified for an Exemption?

Thankfully, not everyone without coverage had to pay the penalty. There were several exemptions available. For instance, if you had a short gap in coverage—just one or two consecutive months—you were generally exempt. Beyond that, you could apply for an exemption based on a variety of other factors. These included situations like facing certain hardships that made it difficult to get insurance, specific life events, or having an income so low that coverage was considered unaffordable. The goal was to account for real-life circumstances that might prevent someone from maintaining health insurance.

What Counted as Minimum Essential Coverage?

To avoid the penalty, you needed what the government called “minimum essential coverage.” This wasn’t just any health plan; it had to meet specific standards set by the Affordable Care Act. A qualifying plan was required to cover ten essential categories of services, including doctor visits, emergency care, hospital stays, prescription drugs, and preventive services. For anyone enrolled in Medicare, this was good news. Your Medicare Part A (Hospital Insurance) or a Medicare Advantage plan automatically counted as minimum essential coverage. This meant that as a Medicare beneficiary, you were already considered covered and didn’t have to worry about the federal penalty.

Common Hardship and Affordability Exemptions

The rules also included exemptions for people facing tough financial or personal situations. For example, you could be exempt if the most affordable health plan available still cost more than 8% of your household income. This was known as an affordability exemption. Another common reason was having an income so low that you weren’t required to file a federal tax return. Additionally, you could apply for a hardship exemption if you experienced a difficult life event, such as a natural disaster or the cancellation of your previous health plan, that made it impossible to get coverage. These exemptions acknowledged that maintaining insurance isn’t always straightforward.

Exemptions for Members of Specific Groups

Certain groups were also exempt from the individual mandate based on their status or affiliation. This meant they did not have to pay the penalty even if they didn’t have minimum essential coverage. These groups included members of federally recognized Native American tribes, individuals who were incarcerated, and undocumented immigrants. People who were part of a recognized health care sharing ministry or whose religious beliefs prevented them from having insurance could also qualify for an exemption. These specific provisions were created to account for the unique circumstances of different populations within the country.

How to Report the Penalty on Your Tax Return

If you’re looking back at your 2018 taxes, perhaps for an amendment or just to understand your records, figuring out how the health insurance penalty was reported can feel like a puzzle. The process involved specific forms and steps to either pay the fee or claim an exemption. It was a bit of a headache for many, but breaking it down makes it much clearer. Let’s walk through how it worked.

Which Tax Forms Do You Need?

To report the 2018 health insurance penalty, you would have used a few key tax forms. The main one was your standard Form 1040. On this form, you would calculate and report the penalty amount. If you were claiming an exemption from the penalty, you would have also needed to file Form 8965, Health Coverage Exemptions. For those who had insurance through the Health Insurance Marketplace, you would have received Form 1095-A. While this form was for reporting coverage, not the penalty itself, it was an essential piece of the puzzle for anyone with a Marketplace plan. If you didn’t have Marketplace coverage, you wouldn’t have received a 1095-A, and you would simply focus on the 1040 and, if applicable, Form 8965 to handle the penalty.

How to Report a Penalty or Claim an Exemption

If you didn’t have health coverage in 2018, you had two paths when filing your taxes: pay the penalty or claim an exemption. If you had to pay, you would calculate the fee based on your income and how many months you were uninsured. This amount was then added to your tax liability on your Form 1040. However, many people qualified for exemptions from the fee. For example, if you were uninsured for less than three consecutive months, you were generally exempt from the penalty for those months. Other exemptions were based on income, hardship, or membership in certain groups. To claim one, you would have filled out Form 8965 and submitted it with your tax return, allowing you to avoid the fee.

How the IRS Collected the Penalty

When it came to collecting the penalty, the IRS didn’t send a separate bill or a collections agent to your door. Instead, the process was integrated directly into your annual tax filing. If you were owed a tax refund for 2018, the IRS would simply reduce that refund by the penalty amount. For example, if you were supposed to get $1,000 back but owed the $695 penalty, your refund would be adjusted to $305. If you didn’t have a refund and instead owed taxes, the penalty was added to your tax bill, increasing the total amount you had to pay for the year. It was a straightforward, if unwelcome, adjustment to your final tax numbers.

Do Any States Still Have a Health Insurance Penalty?

While the federal penalty for not having health insurance is no longer in effect, the story doesn’t end there. It’s important to understand that some states have passed their own laws requiring residents to have health coverage. If you live in one of these states, you could face a penalty on your state tax return for going uninsured. This shift from a federal rule to state-by-state mandates can be confusing, but figuring out your local requirements is a key step in managing your health care costs and avoiding unexpected tax bills. Knowing the rules for your specific state helps you make informed decisions, whether you’re waiting for Medicare eligibility or helping a family member with their insurance.

Which States Require You to Have Health Insurance?

Even though there’s no federal penalty, a few states have their own rules and will charge a penalty if you don’t have qualifying health insurance. If you live in one of the places listed below, you are required to have coverage.

The states and districts that currently have an individual mandate are:

  • California
  • District of Columbia (DC)
  • Massachusetts
  • New Jersey
  • Rhode Island

Living in one of these areas means you need to maintain what’s called “minimum essential coverage” for yourself and your dependents for each month of the year. If you don’t, you may have to pay a penalty when you file your state taxes.

When State Mandates Began

The idea of a state-level health insurance requirement isn’t new. Massachusetts actually led the way, putting its own mandate in place back in 2006, long before the Affordable Care Act became law. After the federal penalty was removed for tax years after 2018, a few other states decided to follow a similar path. States like New Jersey and California established their own mandates to ensure residents maintained health coverage. This state-level enforcement reflects an ongoing effort to keep people insured, which is why you’ll see different rules depending on where you live. The goal is to make sure residents have a plan in place, even without a nationwide requirement.

State vs. Federal Penalties: What’s Different?

If you’re wondering what a state penalty might cost you, it’s helpful to look back at the old federal system. Most states with an individual mandate based their penalties on the old federal penalty rules. Generally, the penalty was calculated in one of two ways, and you would have to pay whichever amount was higher. The first was a flat fee of $695 per uninsured adult and half that amount for a child. The second was a percentage of your household income—typically 2.5% above the tax filing threshold. Each state has its own specific calculations, so the final amount can vary based on your income, family size, and where you live.

How States Calculate Penalties

If you live in a state with an individual mandate, the penalty calculation will likely feel familiar, as it’s often based on the old federal model. Typically, the fee is determined in one of two ways, and you are required to pay whichever amount is greater. The first method is a flat fee, which is often around $695 for each uninsured adult in your household and half of that for each child. The second method is based on your income, usually calculated as a percentage—like 2.5%—of your household income that is above the state’s tax filing threshold. This dual-calculation method ensures the penalty is scaled to your financial situation, but it’s important to check your specific state’s guidelines for the exact figures.

How States Use Penalty Funds

It might help to know that the money collected from these state penalties doesn’t just disappear into a general fund. States reinvest these funds directly back into their health care systems to support residents. For example, Massachusetts uses the money to help fund state health programs, while the District of Columbia uses it to make coverage more affordable and accessible. New Jersey and Rhode Island direct the funds into reinsurance programs, which are designed to keep insurance costs stable for everyone in the state. California uses its penalty revenue to provide additional financial assistance to help people pay for their health insurance premiums, making coverage more attainable.

A Look at State-Specific Rules and Exemptions

Just as with the former federal law, states with individual mandates also offer exemptions that can release you from the penalty. You won’t be penalized if you qualify for one of these health coverage exemptions. Common reasons for an exemption include financial hardship that makes it difficult to afford a plan or if the cost of available coverage is more than a certain percentage of your income. However, each state manages its own exemption process. For example, places like California and the District of Columbia have their own forms and specific rules you’ll need to follow. It’s best to visit your state’s official health exchange or department of revenue website to see what exemptions are available and how to apply for them.

Vermont’s Reporting Requirement

Vermont takes a slightly different approach compared to other states with mandates. While it doesn’t have a direct penalty for individuals who go uninsured, it does have a reporting requirement. This means the state requires employers and other coverage providers to report health coverage information for Vermont residents. The idea is to gather data on who has insurance and who doesn’t. Although the state has not yet released specific filing requirements for the current tax year, the underlying rule to report coverage remains in place. For residents, this serves as a strong reminder of the state’s focus on ensuring everyone has access to health insurance, even if a direct financial penalty isn’t currently part of the equation.

Maryland’s “Easy Enrollment” Program

Maryland has created a unique system called the “Easy Enrollment” program to help its residents get insured. Instead of focusing on penalties, this program makes it simple for uninsured individuals to find a health plan. When filing their state tax returns, residents can check a box to indicate they don’t have health insurance and would like to learn about their options. This simple action allows the state health exchange to reach out with information and help them enroll in health coverage. It’s a proactive approach designed to connect people with affordable plans without the stress of figuring it all out on their own, turning tax time into an opportunity to secure health insurance.

How Health Insurance Mandates Have Changed

It’s easy to get confused about health insurance rules, especially since they’ve changed quite a bit over the years. You might remember when the Affordable Care Act (ACA) introduced a federal requirement for everyone to have health coverage. For a while, not having insurance meant you could face a penalty on your taxes. That major rule has changed, but the story doesn’t end there. The shift away from a single, national standard to a mix of federal and state rules has left many people with questions.

The biggest change has been the end of the nationwide penalty for being uninsured. While that federal rule is a thing of the past, it doesn’t mean the conversation is over. Instead, the responsibility has shifted, and now a handful of states have their own requirements. Understanding these changes is important because going without health coverage still comes with significant financial risks. Beyond the obvious threat of high medical bills, you could face a state tax penalty depending on where you live. This is especially crucial information if you’re under 65 and not yet on Medicare, or if you’re helping a family member who is. Knowing the rules can help you make informed decisions and avoid costly surprises. Let’s walk through what’s different now, what has stayed the same, and how it all affects you.

The End of the Federal Health Care Penalty

You might remember a time when you had to pay a penalty on your federal taxes if you didn’t have health insurance. That rule, part of the Affordable Care Act, is no longer in effect. The federal penalty for not having health insurance applied through the 2018 tax year, but it was eliminated starting in 2019.

This means you will not face a federal fine for being uninsured for any year from 2019 onward. This change simplified things for many people, but it also led to some confusion as states began to create their own policies. The key takeaway is that on a national level, the chapter on the individual mandate penalty is closed.

Impact on Premiums and Enrollment Numbers

When the federal penalty went away, it had a ripple effect on the health insurance market. The penalty had originally encouraged enrollment from a wider range of people, including those who were younger and healthier. Without that requirement, the mix of people in the insurance pool changed. This shift contributed to higher premiums for many who bought their plans through the ACA marketplace. As costs rose, some individuals found it more difficult to afford a plan. This created a tough situation where rising prices could make it harder for people to get the coverage they need, sometimes leading to significant medical debt or delayed care.

A Snapshot of Current State Penalties

While the federal government stepped back, several states stepped in. A few states have implemented their own penalties to encourage residents to maintain health coverage. If you live in one of these states, you could face a fine on your state tax return for not having a qualifying health plan.

As of now, the states with individual mandates are:

  • California
  • Massachusetts
  • New Jersey
  • Rhode Island
  • The District of Columbia (DC)

Each of these states has its own set of rules for what counts as adequate coverage and who might be exempt. If you live in one of these areas, it’s a good idea to check your state’s specific requirements to avoid an unexpected penalty.

The Financial Risk of Not Having Health Coverage

Even if you don’t live in a state with a penalty, going without health insurance is a major financial gamble. A single hospital stay or unexpected illness can lead to overwhelming medical debt. On top of that, if you do live in a state with an individual mandate, the penalty can be significant. These fines are often modeled after the old federal penalty, which could be a flat fee or a percentage of your household income.

The good news is that the funds collected from these state penalties are often used to help make health insurance more affordable for residents. These programs can provide subsidies and other assistance, making it easier for people to get the coverage they need.

What This Means for Your Medicare

With all this talk about penalties and mandates, you might be wondering where Medicare fits into the picture. The short answer is that Medicare has always been a straightforward way to meet health coverage requirements. Let’s look at how the old penalty related to your coverage and what you should focus on now as you approach or enjoy your Medicare years. It’s much simpler than you might think, and it puts the focus back where it belongs: on your health and financial well-being, not on figuring out old tax rules.

Does Medicare Coverage Protect You From a Penalty?

The good news is that if you have Medicare Part A or a Medicare Advantage plan, you were always considered covered under the Affordable Care Act. Medicare is qualifying health coverage, which means beneficiaries were exempt from the federal penalty even when it was in effect. Since 2019, the federal government no longer charges a penalty for being uninsured, so this is one less thing for you to worry about on your federal tax return. Your Medicare coverage ensures you have the health insurance you need, and you won’t face any federal penalties for your coverage choices.

What to Know as You Approach Medicare Age

Even though there’s no federal penalty, going without health insurance is a huge financial risk. As you get older, it’s essential to have a plan that protects you from high medical costs. This is where Medicare becomes so important. As you approach age 65, your main focus should be on understanding your Medicare options and enrolling on time to avoid late enrollment penalties, which are different from the old tax penalty. While some younger people on Marketplace plans might deal with things like hardship exemptions, your priority is making a smooth transition to Medicare. Having solid health insurance coverage is one of the best things you can do for your financial security in retirement.

Understanding Enrollment Periods

Avoiding penalties, whether from a state mandate or from Medicare itself, often comes down to timing. For those under 65, the annual Open Enrollment Period is the main window to sign up for a health plan and avoid a potential state tax penalty. If you live in a state with its own mandate, it’s crucial to check your state’s specific requirements to prevent an unexpected fee. As you approach 65, your focus shifts to the Medicare Initial Enrollment Period (IEP). Missing this seven-month window can lead to lifelong late enrollment penalties for Part B and Part D, which are completely separate from any state tax rules. Enrolling on time is the single best way to start your Medicare journey on the right financial foot.

Getting an Exemption for a Catastrophic Plan Today

You might still hear the term “exemption” and wonder if it applies to you. Today, exemptions are much less common and serve a very specific purpose. You generally only need an exemption if you are 30 or older and want to buy a “Catastrophic” health plan through the Marketplace. To qualify, you must apply for a hardship or affordability exemption. This process is designed for people who are not yet eligible for Medicare. If you are on Medicare or are about to enroll, this is not something you need to worry about. Your Medicare eligibility is your pathway to coverage, and these specific exemptions won’t be part of your process.

Health Care Penalty: Myths vs. Facts

Even though the federal penalty is a thing of the past, there’s still a lot of confusion floating around. Let’s clear the air by looking at what was true for the 2018 tax year and what you need to know now. It’s always better to work with facts, especially when it comes to your finances and health care.

Common Myths About the 2018 Penalty, Debunked

It’s easy to get details mixed up, so let’s set the record straight on a few common myths. First, many people think the penalty is still in effect. The reality is that the federal government no longer charges a penalty if you don’t have health insurance, a change that started after 2018. Another misconception is that everyone who was uninsured in 2018 automatically owed a fee. However, you might not have had to pay if you only had a short gap in coverage, like for one or two months. Finally, the penalty wasn’t a single flat fee. The amount you paid actually depended on your income and how many months you went without a health coverage plan.

What This All Means for You

The most important thing to remember is that the federal penalty for not having health insurance is over. The government officially stopped the tax penalty on January 1, 2019. This fee only applied to the 2018 tax year and earlier, so you don’t need to worry about it for any recent tax filings. While this is a relief on the federal level, it’s good to be aware that some states have their own rules. A handful of states decided to keep their own individual mandates, which means residents in those states could face a penalty on their state taxes for not having coverage. So, while the federal chapter is closed, checking your specific state’s regulations is always a smart move.

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Frequently Asked Questions

I don’t have health insurance right now. Will I have to pay a penalty on my federal taxes? No, you will not face a penalty on your federal tax return. The law that required a federal penalty for being uninsured ended after the 2018 tax year. While that’s a relief, remember that a handful of states have their own rules and may charge a penalty on your state taxes. The most significant risk today, regardless of where you live, is the high financial cost of an unexpected medical event without coverage.

I’ve been on Medicare for years. Did this penalty ever apply to me? You were always in the clear. Having Medicare Part A or a Medicare Advantage plan has always been considered qualifying health coverage. This means that even when the federal penalty was in effect, Medicare beneficiaries were automatically exempt and never had to worry about paying it.

Why did the federal penalty go away, but some states still have one? The federal law changed, and the nationwide penalty was eliminated starting in 2019. In response, a few states decided to create their own individual mandates to encourage residents to maintain health coverage. These states believe that broad insurance coverage is important for public health and often use the funds collected from penalties to help make insurance more affordable for other residents.

I’m reviewing my 2018 tax return and see I didn’t have insurance for part of the year but wasn’t penalized. Is that a mistake? It’s very likely not a mistake. The rules for 2018 included several common exemptions. For instance, if your gap in coverage was for only one or two consecutive months, you were automatically exempt. You also could have been exempt if your income was below a certain threshold or if you qualified for a hardship exemption, so it was quite common for people without coverage to not owe a fee.

If I live in a state with its own penalty, how is the amount determined? Most states that have a penalty base their calculations on the old federal model. This typically means you would pay whichever amount is higher: a flat fee for each uninsured person in your household or a percentage of your household income. The exact amounts and rules differ from state to state, so your best source for precise information is your state’s official health exchange or department of revenue website.

About the Author

Karl Bruns-Kyler is a licensed independent Medicare insurance broker with over 20 years of experience helping clients make confident, informed healthcare decisions. Based in Highlands Ranch, Colorado, Karl works with Medicare recipients across more than 30 states, offering personalized guidance to help them avoid costly mistakes, find the right coverage, and maximize their benefits. Connect on LinkedIn