Avoiding the insurance penalty

By Alice Dembner, Globe staff

A total of 46 people have already applied for waivers of the $219 penalty that the state will impose on adults who don’t have insurance as of Dec. 31, officials said today.

Nineteen were approved, and the rest were denied because the individuals were eligible for state-subsidized insurance or didn’t provide documentation that insurance was unaffordable for them. One is appealing the decision.

Anyone seeking a waiver can apply now through the Commonwealth Health Insurance Connector website. Criteria include facing financial hardships or having income too low to make insurance affordable. The state has posted a chart of insurance premiums it considers affordable for people at various income levels.

Residents can also apply for the waiver on their FY07 state tax return, which state officials said may be easier for many people. The form will contain the affordability chart and a place to attest that you didn’t get insurance because the state says it isn’t affordable. People with a particular financial hardship can also apply for a waiver through the tax form.

The connector will decide the cases, with the help of a panel of independent lawyers. Anyone who disagrees with the state decision can appeal in Superior Court.