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42 U.S. Code § 18082. Advance determination and payment of premium tax credits and cost-sharing reductions
(a) In generalThe Secretary, in consultation with the Secretary of the Treasury, shall establish a program under which—
(1)
upon request of an Exchange, advance determinations are made under section 18081 of this title with respect to the income eligibility of individuals enrolling in a qualified health plan in the individual market through the Exchange for the premium tax credit allowable under section 36B of title 26 and the cost-sharing reductions under section 18071 of this title;
(2) the Secretary notifies—
(A)
the Exchange and the Secretary of the Treasury of the advance determinations; and
(B) the Secretary of the Treasury of the name and employer identification number of each employer with respect to whom 1 or more employee [1] of the employer were determined to be eligible for the premium tax credit under section 36B of title 26 and the cost-sharing reductions under section 18071 of this title because—
(i)
the employer did not provide minimum essential coverage; or
(ii)
the employer provided such minimum essential coverage but it was determined under section 36B(c)(2)(C) of title 26 to either be unaffordable to the employee or not provide the required minimum actuarial value; and