Trumpcare Author Petitions HHS Seeking Rule Chage Expanding ACA Tax Credits Expansion to Include All Legal Health Plans

Lee Benham, Author of TrumpCare, America First Healthcare Reform Presses HHS and Trump Administration to Consider Expanding ACA Tax Credits via Petition

BELLEVUE, NE, UNITED STATES, December 9, 2025 /EINPresswire.com/ -- Lee Benham, a Navy veteran, licensed health insurance broker, and author of TrumpCare: America First Healthcare Reform, has formally petitioned the U.S. Department of Health and Human Services (HHS) to expand the availability of Affordable Care Act (ACA) premium tax credits. His petition requests that the credits be extended beyond plans sold through the federal or state-based Exchanges to include any state-approved, lawful health insurance plan.

The petition, submitted on June 10, 2025, calls on HHS to begin a rulemaking process under 5 U.S.C. § 553(e). It proposes that premium tax credits under the ACA be made portable and accessible to a broader range of insurance arrangements — including short-term limited-duration insurance, fixed indemnity policies, direct primary care arrangements, and high-deductible plans eligible for Health Savings Accounts (HSAs).

Benham’s petition argues that the current restriction, which limits tax credit eligibility to Qualified Health Plans (QHPs) purchased through ACA Exchanges, reduces consumer choice and increases coverage costs. He notes that individuals who opt for lower-cost alternatives outside the Exchanges are unable to use the subsidies for which they would otherwise qualify, a barrier that he believes could be addressed through regulatory action without requiring new legislation.

As of November 2025, HHS has not issued a response or acknowledgment regarding the petition’s status.

Benham’s proposal is based on the age-based tax credit model presented in his policy framework, TrumpCare: America First Healthcare Reform. Under the model, flat, age-adjusted tax credits would begin at $3,000 per adult under age 30, increasing by approximately $100 annually with age. Each child under 18 would receive a $3,000 annual credit. The credits would be available regardless of income level and could be applied toward any legal health plan authorized for sale under state law.

According to the petition, allowing tax credits to apply more broadly would improve access to affordable coverage for self-employed individuals, part-time workers, small business owners, and others who do not receive employer-sponsored health insurance. The proposal is designed to create a level playing field across all plan types, giving individuals the flexibility to select policies that meet their personal or family needs.

The petition cites previous federal regulatory actions as evidence that HHS has the authority to interpret subsidy eligibility with flexibility. In 2022, the Internal Revenue Service (IRS) and HHS jointly issued a final rule resolving the “family glitch” — a situation where dependents of workers were disqualified from receiving ACA subsidies due to the cost of employer self-only coverage being deemed affordable, even if family coverage was not. That rule expanded access to tax credits for an estimated 1 million additional individuals without requiring an act of Congress.

Benham also references the 2024 federal rule that revised ACA eligibility requirements to allow recipients of Deferred Action for Childhood Arrivals (DACA) to purchase subsidized Exchange plans. The DACA eligibility rule was implemented through administrative authority and broadened access to federal assistance for individuals previously excluded from ACA coverage.

“Both of these examples illustrate how federal agencies have used regulatory discretion to expand ACA eligibility when necessary,” Benham writes in the petition. “The authority used to fix the family glitch and include DACA recipients could also be used to expand tax credit access for lawfully sold plans outside the Exchanges.”

The proposal further states that subsidy eligibility tied exclusively to government marketplaces creates a gap in access for individuals who may prefer — or only be able to afford — non-QHP coverage. Benham’s petition outlines that while ACA-compliant plans often offer broad coverage, many Americans may find better value, more tailored benefits, or lower premiums through other legal options not sold through the Exchange.

The request for rulemaking is focused on enabling federal premium tax credits to be applied based on plan legality and consumer protection standards, not on whether a plan is offered through a government portal.

Benham emphasizes that his proposal does not seek to eliminate or replace the current Exchange system but rather to expand the utility of existing tax credits to more Americans. He highlights that such action could be implemented at the regulatory level and does not require statutory amendment.

About Lee Benham
Lee Benham is a Nebraska-based health insurance broker with over three decades of industry experience. He was the first broker to market a Medicare Medical Savings Account (MSA) plan during its federal pilot phase. He is the author of TrumpCare: America First Healthcare Reform, a policy framework focused on age-based tax credits, consumer choice, and portable health coverage. Benham has advised thousands of clients on coverage solutions in the individual, Medicare, and small-group markets.

Lee Benham
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