SENATE BILL 544

50th legislature - STATE OF NEW MEXICO - first session, 2011

INTRODUCED BY

Eric G. Griego

AN ACT

RELATING TO TAXATION; CREATING THE OPIOID TREATMENT INCOME TAX CREDIT; PROVIDING AN INCOME TAX CREDIT FOR CERTIFIED PHYSICIANS WHO TREAT OPIOID DEPENDENCE.

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

     SECTION 1. A new section of the Income Tax Act is enacted to read:

     "[NEW MATERIAL] OPIOID TREATMENT INCOME TAX CREDIT.--

          A. A taxpayer who files an individual New Mexico income tax return, who is not a dependent of another individual and who has provided, with the approval of the department of health, medication-assisted opioid addiction therapy with Schedule III, IV or V narcotic medications specifically approved by the United States food and drug administration health care services in New Mexico, may claim a credit in an amount not to exceed five thousand dollars ($5,000) per year. The credit provided in this section may be referred to as the "opioid treatment income tax credit".

          B. The purpose of the opioid treatment income tax credit is to increase access to medication-assisted opioid addiction therapy for patients with an opioid dependence by encouraging physicians to become certified and administer medication, such as buprenorphine, for opioid addiction in a primary health care setting and to reduce the demand for the trade of unregulated or illegal drugs.

          C. A taxpayer may claim the opioid treatment income tax credit in the taxable year in which the taxpayer becomes certified to provide medication-assisted opioid addiction therapy to an average minimum of ten patients per month and in subsequent taxable years in which the taxpayer continues to provide medication-assisted opioid addiction therapy to an average minimum of ten patients per month. The taxpayer may claim the opioid treatment income tax credit in an amount of five hundred dollars ($500) for providing medication-assisted opioid addiction therapy to an average minimum of ten patients per month and may claim an additional five hundred dollars ($500) for every additional average ten patients per month for whom the taxpayer provides medication-assisted opioid addiction therapy, not to exceed a total of five thousand dollars ($5,000) per year.

          D. That portion of the opioid treatment income tax credit approved by the taxation and revenue department that exceeds a taxpayer's income tax liability in the taxable year in which the opioid treatment income tax credit is claimed shall not be refunded to the taxpayer. The opioid treatment income tax credit shall not be carried forward or transferred to another taxpayer.

          E. A taxpayer who claims and is granted approval for the opioid treatment income tax credit may apply for and be granted approval for the rural health care practitioner tax credit pursuant to Section 7-2-18.22 NMSA 1978. The rural health care practitioner tax credit shall be applied first and before the opioid treatment income tax credit. The opioid treatment income tax credit may be applied against remaining income tax liability, if any, after the rural health care practitioner tax credit has been applied against the income tax liability of the taxpayer.

          F. A husband and wife filing separate returns for a taxable year for which they could have filed a joint return may each claim only one-half of the opioid treatment income tax credit that would have been claimed on a joint return.

          G. A taxpayer who otherwise qualifies and claims an opioid treatment income tax credit in New Mexico that may be claimed by a partnership or limited liability company of which the taxpayer is a member may claim a credit only in the proportion to the taxpayer's interest in the partnership or limited liability company. The total credit claimed by all members of the partnership or limited liability company shall not exceed the allowable credit pursuant to Subsection A of this section.

          H. The taxpayer shall be approved by the department of health to operate an opioid addiction treatment program and submit an application to the department of health that describes the taxpayer's practice and contains additional information that the department of health may require to determine the average number of patients per month for whom the taxpayer provided medication-assisted opioid addiction therapy.

          I. The department of health shall adopt rules establishing procedures to certify a taxpayer for the purposes of obtaining an opioid treatment income tax credit. The rules shall ensure that a taxpayer claims the opioid treatment income tax credit in an amount proportional to the number of patients served on average per month pursuant to Subsection C of this section and that medication-assisted treatment for opioid addiction is administered in a primary health care setting. In the case that the taxpayer is an eligible rural health care practitioner providing medication-assisted opioid addiction therapy in an approved rural health care underserved area, the time required to provide those health care services may also be applied to the hours required to qualify for the rural health care practitioner tax credit. The department of health may, by rule, limit the specific medication required to be administered to qualify for an opioid treatment income tax credit. The department of health shall issue a dated certificate of eligibility containing the taxpayer's information, the amount of opioid treatment income tax credit for which taxpayer is eligible, the number of patients provided with medication-assisted opioid addiction therapy and any other information required by the taxation and revenue department. All certificates of eligibility issued pursuant to this subsection shall be sequentially numbered, and an account of all certificates issued or destroyed shall be maintained by the department of health. The taxation and revenue department shall audit the records of the opioid treatment income tax credit maintained by the department of health on a periodic basis to ensure effective administration of the opioid treatment income tax credit and compliance with the Tax Administration Act and with this section.

          J. To claim an opioid treatment income tax credit, the taxpayer shall provide to the taxation and revenue department the certificate of eligibility issued by the department of health pursuant to this section to the taxpayer for the taxable year in which the opioid treatment income tax credit is claimed.

          K. The taxation and revenue department may allow a maximum annual aggregate of two million dollars ($2,000,000) in opioid treatment income tax credits that may be claimed pursuant to the Income Tax Act. Applications for the opioid treatment income tax credit shall be considered in the order received by the taxation and revenue department.

          L. The taxation and revenue department shall compile an annual report that includes the number of taxpayers approved by the department to receive an opioid treatment income tax credit. Notwihstanding any other section of law to the contrary, the taxation and revenue department may disclose the number of applicants for the opioid treatment income tax credit, the amount of each credit approved, the number of patients served and any other information required by the legislature or the taxation and revenue department to aid in evaluating the effectiveness of the opioid treatment income tax credit.

          M. An appropriate legislative committee shall review the effectiveness of the opioid treatment income tax credit every six years beginning in 2015."

     SECTION 2. APPLICABILITY.--The provisions of this act shall apply to taxable years beginning on or after January 1, 2012.

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