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

RELATING TO TAXATION; PROVIDING A DEDUCTION FROM GROSS RECEIPTS OF CERTAIN NURSING HOME RECEIPTS.

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 or a for-profit, New Mexico-based nursing home to medicare beneficiaries pursuant to the provisions of Title [XVIII] 18 of the federal Social Security Act may be deducted from gross receipts.

B. 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) "New Mexico-based nursing home" means a nursing home licensed by the department of health that is headquartered in New Mexico."

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