NMSA 1978, § 7-9-77.1 — 7-9-77.1

Deduction; gross receipts tax; certain medical and health
care services.

# A.

Receipts of a health care practitioner or an association of health care
practitioners from payments by the United States government, or any agency thereof, or
from a medicare administrative contractor for medical and other health services
provided by a health care practitioner to medicare beneficiaries pursuant to the
provisions of Title 18 of the federal Social Security Act may be deducted from gross
receipts.

# B.

Receipts of a hospice or nursing home from payments by the United States
government, or any agency thereof, or from a medicare administrative contractor for
medical and other health and palliative services provided by the hospice or nursing
home to medicare beneficiaries pursuant to the provisions of Title 18 of the federal
Social Security Act may be deducted from gross receipts.

# C.

Receipts of a health care practitioner or an association of health care
practitioners from payments by a third-party administrator of the federal TRICARE
program for medical and other health services provided by physicians and osteopathic
physicians to covered beneficiaries may be deducted from gross receipts.

# D.

Receipts of a health care practitioner or an association of health care
practitioners from payments by or on behalf of the Indian health service of the United
States department of health and human services for medical and other health services
provided by physicians and osteopathic physicians to covered beneficiaries may be
deducted from gross receipts.

# E.

Receipts of a clinical laboratory from payments by the United States government,
or any agency thereof, or from a medicare administrative contractor for medical services
provided by the clinical laboratory to medicare beneficiaries pursuant to the provisions
of Title 18 of the federal Social Security Act may be deducted from gross receipts.

# F.

Receipts of a home health agency from payments by the United States
government, or any agency thereof, or from a medicare administrative contractor for
medical, other health and palliative services provided by the home health agency to
medicare beneficiaries pursuant to the provisions of Title 18 of the federal Social
Security Act may be deducted from gross receipts.

# G.

Prior to July 1, 2032, receipts of a dialysis facility from payments by the United
States government, or any agency thereof, or from a medicare administrative contractor
for medical and other health services provided by the dialysis facility to medicare
beneficiaries pursuant to the provisions of Title 18 of the federal Social Security Act may
be deducted from gross receipts.

# H.

A taxpayer allowed a deduction pursuant to this section shall report the amount
of the deduction separately in a manner required by the department. A taxpayer who
has receipts that are deductible pursuant to this section and Section 7-9-93 NMSA 1978
shall deduct the receipts under this section prior to calculating the receipts that may be
deducted pursuant to Section 7-9-93 NMSA 1978.

# I.

The deductions provided by this section shall be included in the tax expenditure
budget pursuant to Section 7-1-84 NMSA 1978 with an analysis of the effectiveness and
cost of the deductions and whether the deductions are providing a benefit to the state.

# J.

For the purposes of this section:
(1) "association of health care practitioners" means a corporation,
unincorporated business entity or other legal entity organized by, owned by or
employing one or more health care practitioners; provided that the entity is not:
(a) an organization granted exemption from the federal income tax by the
United States commissioner of internal revenue as organizations described in Section
501(c)(3) of the United States Internal Revenue Code of 1986, as that section may be
amended or renumbered; or
(b) a health maintenance organization, hospital, hospice, nursing home or an
entity that is solely an outpatient facility or intermediate care facility licensed pursuant to
the Health Care Code [Chapter 24A NMSA 1978];
(2) "clinical laboratory" means a laboratory accredited pursuant to 42 USCA
263a;
(3) "dialysis facility" means a facility that provides outpatient maintenance
dialysis services or home dialysis training and support services, including a facility
considered by the federal centers for medicare and medicaid services to be an
independent or hospital-based facility that includes a self-care dialysis unit that
furnishes only self-dialysis services;
(4) "health care practitioner" means:
(a) an athletic trainer licensed pursuant to the Athletic Trainer Practice Act
[Chapter 61, Article 14D NMSA 1978];
(b) an audiologist licensed pursuant to the Speech-Language Pathology,
Audiology and Hearing Aid Dispensing Practices Act [Chapter 61, Article 14B NMSA
1978];
(c) a chiropractic physician licensed pursuant to the Chiropractic Physician
Practice Act [Chapter 61, Article 4 NMSA 1978];
(d) a counselor or therapist practitioner licensed pursuant to the Counseling
and Therapy Practice Act [Chapter 61, Article 9A NMSA 1978];
(e) a dentist licensed pursuant to the Dental Health Care Act [Chapter 61,
Article 5A NMSA 1978];
(f) a doctor of oriental medicine licensed pursuant to the Acupuncture and
Oriental Medicine Practice Act [Chapter 61, Article 14A NMSA 1978];
(g) an independent social worker licensed pursuant to the Social Work
Practice Act [Chapter 61, Article 31 NMSA 1978];
(h) a massage therapist licensed pursuant to the Massage Therapy Practice
Act [Chapter 61, Article 12C NMSA 1978];
(i) a naprapath licensed pursuant to the Naprapathic Practice Act [61-12F-1
to 61-12F-11 NMSA 1978];
(j) a nutritionist or dietitian licensed pursuant to the Nutrition and Dietetics
Practice Act [61-7A-1 to 61-7A-15 NMSA 1978];
(k) an occupational therapist licensed pursuant to the Occupational Therapy
Act [Chapter 61, Article 12A NMSA 1978];
(l) an optometrist licensed pursuant to the Optometry Act [Chapter 61, Article
2 NMSA 1978];
(m)an osteopathic physician licensed pursuant to the Medical Practice Act
[Chapter 61, Article 6 NMSA 1978];
(n) a pharmacist licensed pursuant to the Pharmacy Act [Chapter 61, Article
11 NMSA 1978];
(o) a physical therapist licensed pursuant to the Physical Therapy Act [61-
12D-1 to 61-12D-19 NMSA 1978];
(p) a physician licensed pursuant to the Medical Practice Act [Chapter 61,
Article 6 NMSA 1978];
(q) a podiatric physician licensed pursuant to the Podiatry Act [Chapter 61,
Article 8 NMSA 1978];
(r) a psychologist licensed pursuant to the Professional Psychologist Act
[Chapter 61, Article 9 NMSA 1978];
(s) a radiologic technologist licensed pursuant to the Medical Imaging and
Radiation Therapy Health and Safety Act [Chapter 61, Article 14E NMSA 1978];
(t) a registered nurse licensed pursuant to the Nursing Practice Act [Chapter
61, Article 3 NMSA 1978];
(u) a respiratory care practitioner licensed pursuant to the Respiratory Care
Act [Chapter 61, Article 12B NMSA 1978]; and
(v) a speech-language pathologist licensed pursuant to the Speech-Language
Pathology, Audiology and Hearing Aid Dispensing Practices Act [Chapter 61, Article
14B NMSA 1978];
(5) "home health agency" means a for-profit entity that is licensed by the
health care authority and certified by the federal centers for medicare and medicaid
services as a home health agency and certified to provide medicare services;
(6) "hospice" means a for-profit entity licensed by the health care authority as
a hospice and certified to provide medicare services;
(7) "medicare administrative contractor" means a third-party administrator
operating under contract with the federal centers for medicare and medicaid services to
process medicare claims and make medicare fee-for-service payments for medicare
fee-for-service beneficiaries;
(8) "nursing home" means a for-profit entity licensed by the health care
authority as a nursing home and certified to provide medicare services; and
(9) "TRICARE program" means the program defined in 10 U.S.C. 1072(7).