PUBLIC LAW 104-191—AUG. 21, 1996 110 STAT. 2047 "(i) the number of MSA returns filed on or before April 15 of such calendar year for taxable years ending with or within the preceding calendar year, plus "(ii) the Secretary's estimate (determined on the basis of the returns described in clause (i)) of the number of MSA returns for such taxable years which will be filed after such date, exceeds 600,000 (750,000 in the case of 1999). For purposes of the preceding sentence, the term 'MSA return' means any return on which any exclusion is claimed under section 106(b) or any deduction is claimed under this section. " (B) ALTERNATIVE COMPUTATION OF LIMITATION,—The numerical limitation for 1998 or 1999 is also exceeded if the sum of— "(i) 90 percent of the sum determined under subparagraph (A) for such calendar year, plus "(ii) the product of 2.5 and the number of medical savings accounts established during the portion of such year preceding July 1 (based on the reports required under paragraph (4)) for taxable years beginning in such year, exceeds 750,000. " (3) PREVIOUSLY UNINSURED INDIVIDUALS NOT INCLUDED IN DETERMINATION. — "(A) IN GENERAL. —The determination of whether any calendar year is a cut-off year shall be made by not counting the medical savings account of any previously uninsured individual. "(B) PREVIOUSLY UNINSURED INDIVIDUAL.—For purposes of this subsection, the term 'previously uninsured individual' means, with respect to any medical savings account, any individual who had no health plan coverage (other than coverage referred to in subsection (c)(1)(B)) at 2Uiy time during the 6-month period before the date such individual's coverage under the high deductible health plan commences. " (4) REPORTING BY MSA TRUSTEES.— "(A) IN GENERAL.— Not later than August 1 of 1997, 1998, and 1999, each person who is the trustee of a medical savings account established before July 1 of such calendar year shall make a report to the Secretary (in such form and manner as the Secretary shall specify) which specifies— "(i) the number of medical savings accounts established before such July 1 (for taxable years beginning in such calendar year) of which such person is the trustee, "(ii) the name and TIN of the account holder of each such account, and "(iii) the number of such accounts which are accounts of prtiviously uninsured individuals. "(B) ADDITIONAL REPORT FOR 1997. —Not later than June 1, 1997, each person who is the trustee of a medical savings account established before May 1, 1997, shall make an additional report described in subparagraph (A) but only with respect to accounts established before May 1, 1997.
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