45th legislature - STATE OF NEW MEXICO - second session, 2002

RELATING TO TAXATION; AMENDING A SECTION OF THE GROSS RECEIPTS AND COMPENSATING TAX ACT TO PROVIDE A GROSS RECEIPTS DEDUCTION FOR PAYMENTS RECEIVED BY CERTAIN PROVIDERS FOR MEDICAL AND HEALTH SERVICES PROVIDED TO COVERED BENEFICIARIES UNDER THE FEDERAL TRICARE PROGRAM.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. Section 7-9-77.1 NMSA 1978 (being Laws 1998, Chapter 96, Section 1, as amended) is amended to read:

"7-9-77.1. DEDUCTION--GROSS RECEIPTS TAX--CERTAIN MEDICAL AND HEALTH CARE SERVICES.--

A. Receipts from payments by the United States government or any agency thereof for provision of medical and other health services by medical doctors and [osteopaths] osteopathic physicians or of medical, other health and palliative services by a hospice to medicare beneficiaries pursuant to the provisions of Title [XVIII] 18 of the federal Social Security Act may be deducted from gross receipts.

B. Receipts from payments by a third-party administrator of the federal TRICARE program for provision of medical and other health services by medical doctors and osteopathic physicians to covered beneficiaries may be deducted from gross receipts.

[B.] C. For the purposes of this section:

(1) "hospice" means a for-profit entity licensed and certified by the department of health as a hospice; [and]

(2) "medical doctors and [osteopaths] osteopathic physicians" means persons licensed to practice under Section 61-6-11, [or] 61-6-13, 61-10-11 or 61-10-12 NMSA 1978; and

(3) "TRICARE program" means the program defined in 10 U.S.C. 1072(7)."

Section 2. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2002.