and (II) in subparagraph (D), by striking is allowable and all that follows through the period and inserting was allowable to another taxpayer for the applicable taxable year. , (ii) in paragraph (2)(C), by adding at the end the following: (v) Time period (I) In general Except as provided under subclause (II), eligibility for minimum essential coverage under this subparagraph shall be based on the individual’s eligibility for employer-sponsored minimum essential coverage during the open enrollment period (or during a special enrollment period for an individual who enrolls or who changes their qualified health plan during a special enrollment period), as determined by the applicable Exchange. (II) Exception An individual shall be considered eligible for minimum essential coverage under clause (iii) for a month for which such Exchange has determined, subject to rights of notice and appeal under laws governing the applicable insurance affordability program (including section 1411(f) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18081(f) )), that the individual is covered by an eligible employer-sponsored plan. , and (iii) by adding at the end the following: (5) Applicable taxable year The term applicable taxable year means— (A) with respect to a coverage month that is January, February, March, April, or May, the most recent taxable year that ended at least 12 months before January 1 of the plan year, and (B) with respect to any coverage month not described in subparagraph (A), the most recent taxable year that ended before January 1 of the plan year. (6) Exchange The term Exchange means an American Health Benefit Exchange established under subtitle D of title I of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18021 et seq. ). (7) Open enrollment period The term open enrollment period means an open enrollment period described in subsection (c)(6)(B) of section 1311 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031 ). , (C) in subsection (d)— (i) in paragraph (1)— (I) by