0001| HOUSE BILL 449
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0002| 42ND LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,
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0003| 1996
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0004| INTRODUCED BY
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0005| LUCIANO "LUCKY" VARELA
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0006|
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0007|
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0008|
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0009| FOR THE REVENUE STABILIZATION AND TAX POLICY COMMITTEE
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0010|
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0011| AN ACT
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0012| RELATING TO MEDICAL CARE SAVINGS ACCOUNTS; CHANGING PROVISIONS
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0013| PERTAINING TO THE INCOME TAX EXEMPTION FOR MEDICAL CARE SAVINGS
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0014| ACCOUNTS; PROVIDING FOR A CONTINGENT REPEAL OF THE INCOME TAX
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0015| EXEMPTION FOR MEDICAL CARE SAVINGS ACCOUNTS; AMENDING, REPEALING
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0016| AND ENACTING SECTIONS OF THE NMSA 1978.
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0017|
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0018| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0019| Section 1. Section 7-2-5.6 NMSA 1978 (being Laws 1995,
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0020| Chapter 93, Section 8) is amended to read:
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0021| "7-2-5.6. EXEMPTION--MEDICAL CARE SAVINGS ACCOUNTS.--Except as provided in Section [6 of this act] 59A-23D-6 NMSA
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0022| 1978, employer and employee contributions to medical care
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0023| savings accounts established pursuant to the Medical Care
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0024| Savings Account Act, the interest earned on those accounts and
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0025| money reimbursed to an employee for eligible medical expenses
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0001| from those accounts or money advanced to the employee by the
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0002| employer for eligible medical expenses pursuant to that act are
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0003| exempt from taxation."
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0004| Section 2. Section 59A-23D-2 NMSA 1978 (being Laws 1995,
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0005| Chapter 93, Section 2) is amended to read:
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0006| "59A-23D-2. DEFINITIONS.--As used in the Medical Care
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0007| Savings Account Act:
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0008| A. "account administrator" means any of the
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0009| following that administers medical care savings accounts:
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0010| (1) a national or state chartered bank, savings
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0011| and loan association, savings bank or credit union;
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0012| (2) a trust company authorized to act as a
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0013| fiduciary in this state;
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0014| (3) an insurance company or health maintenance
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0015| organization authorized to do business in this state pursuant to
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0016| the New Mexico Insurance Code;
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0017| (4) an employer that has a self-insured health
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0018| plan under the federal Employee Retirement Income Security Act
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0019| of 1974;
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0020| (5) a broker, agent or investment advisor;
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0021| (6) a person who holds a certificate [or]
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0022| of registration as an insurance administrator or for whom the
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0023| registration has been waived; or
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0024| (7) an employer who participates in the medical
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0025| care savings account program;
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0001| B. "deductible" means the total covered medical
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0002| expense [the] an employee or his dependents must pay prior
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0003| to any payment by [the] a qualified higher deductible health
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0004| plan for a calendar year;
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0005| C. "department" means the department of insurance;
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0006| D. "dependent" means:
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0007| (1) a spouse;
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0008| (2) an unmarried or unemancipated child of the
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0009| employee who is a minor and who is:
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0010| (a) a natural child;
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0011| (b) a legally adopted child;
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0012| (c) a stepchild living in the same
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0013| household who is primarily dependent on the employee for
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0014| maintenance and support;
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0015| (d) a child for whom the employee is the
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0016| legal guardian and who is primarily dependent on the employee
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0017| for maintenance and support, as long as evidence of the
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0018| guardianship is evidenced in a court order or decree; or
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0019| (e) a foster child living in the same
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0020| household, if the child is not otherwise provided with health
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0021| care or health insurance coverage;
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0022| (3) an unmarried child described in
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0023| Subparagraphs (a) through (e) of Paragraph (2) of this
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0024| subsection who is between the ages of eighteen and twenty-five
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0025| and is a full-time student at an accredited educational
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0001| institution; provided, "full-time student" means a student is
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0002| enrolled in and taking twelve or more semester hours or
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0003| equivalent contact hours in secondary, undergraduate or
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0004| vocational school or nine or more semester hours or equivalent
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0005| contact hours in graduate school; or
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0006| (4) a child described in Subparagraphs (a)
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0007| through (e) of Paragraph (2) of this subsection who is over the
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0008| age of eighteen, who is incapable of self-sustaining employment
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0009| by reason of mental retardation or physical handicap and who is
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0010| [chiefly] primarily dependent on the employee for support
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0011| and maintenance;
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0012| E. "eligible medical expense" means an expense paid
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0013| by the employee for medical care described in Section 213(d) of
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0014| the Internal Revenue Code of 1986 that is deductible for federal
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0015| income tax purposes;
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0016| F. "employee" includes a self-employed individual;
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0017| G. "employer" includes a self-employed individual;
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0018| H. "employer contributions" means the sum of cash
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0019| and securities contributed by an employer to a medical care
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0020| savings account plus any medical care savings account advances
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0021| made by an employer to an employee;
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0022| [H.] I. "medical care savings account" or
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0023| "savings account" means an account established by an employer to
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0024| pay the eligible medical expenses of an employee and his
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0025| dependents;
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0001| [I.] J. "program" means the medical care savings
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0002| account program established by an employer for his employees;
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0003| and
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0004| [J.] K. "qualified higher deductible health
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0005| plan" means a health coverage policy, certificate or contract
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0006| that provides for payments for covered health care benefits that
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0007| exceed the policy, certificate or contract deductible and that
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0008| is purchased by an employer for the benefit of an employee."
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0009| Section 3. Section 59A-23D-4 NMSA 1978 (being Laws 1995,
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0010| Chapter 93, Section 4) is amended to read:
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0011| "59A-23D-4. MEDICAL CARE SAVINGS ACCOUNT PROGRAM.--
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0012| A. Except as otherwise provided by statute, contract
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0013| or collective bargaining agreement, an employer may establish a
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0014| medical care savings account program for his employees.
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0015| B. In establishing the program, the employer shall:
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0016| (1) provide a qualified higher deductible
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0017| health plan for the benefit of his employees;
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0018| (2) contribute to medical care savings accounts
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0019| for the employees; and
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0020| (3) appoint an account administrator to
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0021| administer the savings accounts.
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0022| [C. Principal contributed to and interest earned on
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a medical care savings account and money reimbursed from the
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savings account to an employee for eligible medical expenses are
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exempt from taxation under the Income Tax Act. For the purposes
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of this subsection, "reimbursement" includes advances paid to
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the employee by the employer for eligible medical expenses as
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provided in Subsection D of Section 5 of the Medical Care
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Savings Account Act.
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D.] C. Before establishing a program, the
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0006| employer shall notify all employees in writing of the federal
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0007| tax status of the program and how federal income taxation
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0008| affects New Mexico income taxes.
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0009| [E.] D. Any compensation required by the account
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0010| administrator to administer the program shall be paid by the
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0011| employer, and the employer shall not require the employee to
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0012| contribute to such compensation while the employee participates
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0013| in the program. If the employee ceases to participate in the
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0014| program, he shall be responsible for costs associated with his
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0015| account.
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0016| [F.] E. Nothing in the Medical Care Savings
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0017| Account Act prohibits the employer from requiring the employee
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0018| to contribute to the qualified higher deductible health plan or
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0019| the medical care savings account.
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0020| [G.] F. Nothing in the Medical Care Savings
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0021| Account Act requires an employee to participate in a program.
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0022| The employer shall offer the program to all employees on a
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0023| nondiscriminatory basis."
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0024| Section 4. Section 59A-23D-5 NMSA 1978 (being Laws 1995,
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0025| Chapter 93, Section 5) is amended to read:
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0001| "59A-23D-5. ACCOUNT ADMINISTRATOR--EMPLOYER AND EMPLOYEE
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0002| RESPONSIBILITIES.--
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0003| A. [The] An employer, in conjunction with
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0004| [the] an account administrator, shall provide a current
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0005| written statement to employees that details how money in their
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0006| medical care savings accounts is or will be invested and the
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0007| rate of return employees may reasonably anticipate on the
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0008| investment of the savings accounts. The account administrator
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0009| shall file the statement with the department.
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0010| B. Except as provided in Section [6 of this act]
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0011| 59A-23D-6 NMSA 1978, money in [the] a medical care savings
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0012| account shall be used solely for the purpose of paying the
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0013| eligible medical expenses of [the] an employee and his
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0014| dependents.
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0015| C. The account administrator shall reimburse the
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0016| employee from the employee's medical care savings account for
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0017| eligible medical expenses. When seeking reimbursement, the
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0018| employee shall submit documentation of eligible medical expenses
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0019| paid by the employee.
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0020| D. If an employer makes contributions to a program
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0021| on a periodic installment basis, the employer may advance to an
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0022| employee, interest free, an amount necessary to cover eligible
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0023| medical expenses incurred that exceed the amount in the
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0024| employee's savings account if the employee agrees to repay the
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0025| advance from future installments or when he ceases to be an
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0001| employee of the employer or a participant in the program.
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0002| [Such advances shall be exempt from taxation under the Income
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Tax Act.]"
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0004| Section 5. Section 59A-23D-6 NMSA 1978 (being Laws
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0005| 1995, Chapter 93, Section 6) is amended to read:
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0006| "59A-23D-6. WITHDRAWALS.--
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0007| [A. An employee may withdraw money without penalty
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from his medical care savings account for a purpose other than
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reimbursement of eligible medical expenses when he reaches the
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age of fifty-nine and one-half.
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B. Except as provided in Subsection A of this
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section]
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0013| A. If an employee withdraws money from the
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0014| employee's medical care savings account on the last business day
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0015| of the account administrator's business year for a purpose [not
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set forth in Section 4 of the Medical Care Savings Account Act]
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0017| other than payment of eligible medical expenses, the money
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0018| withdrawn shall be considered income to the individual, subject
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0019| to taxation. The withdrawal does not subject the employee to a
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0020| penalty or make interest earned on the account during the tax
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0021| year taxable as income to the employee.
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0022| [C. Except as provided in Subsection A of this
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section]
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0024| B. If an employee withdraws money from the
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0025| employee's medical care savings account for a purpose [not set
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forth in Section 4 of the Medical Care Savings Account Act]
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0002| other than payment of eligible medical expenses at any time
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0003| other than the last business day of the account administrator's
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0004| business year:
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0005| (1) the amount of the withdrawal shall be
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0006| considered income to the [individual] employee and subject
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0007| to taxation;
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0008| (2) the administrator shall withdraw and, on
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0009| behalf of the employee, pay a penalty equal to ten percent of
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0010| the amount of the withdrawal; and
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0011| (3) all interest earned on the balance in the
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0012| savings account during the tax year in which the withdrawal is
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0013| made shall be considered income to the [individual] employee
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0014| and subject to taxation.
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0015| [D.] C. If an individual is no longer employed
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0016| by an employer that participates in a program or if an employee
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0017| chooses to cease participating in the program, the individual or
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0018| employee shall, within sixty days of his final day of employment
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0019| or participation:
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0020| (1) request, in writing, the transfer of his
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0021| savings account to a new account administrator;
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0022| (2) request, in writing, that the former
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0023| employer's account administrator continue to administer the
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0024| savings account, including in the request an agreement to pay
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0025| the cost, if any, of account administration on that savings
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0001| account; or
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0002| (3) withdraw the money from the savings
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0003| account.
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0004| [E.] D. No more than thirty days after the
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0005| expiration of the sixty-day period pursuant to Subsection [D]
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0006| C of this section, the account administrator shall:
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0007| (1) transfer the savings account to a new
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0008| account administrator as requested;
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0009| (2) agree, in writing, to continue to act as
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0010| the account administrator for the savings account; or
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0011| (3) mail a check to the individual or employee
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0012| at his last known address for the amount in the account as of
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0013| the day the check was issued, excluding the applicable
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0014| withdrawal penalty. The penalty shall be paid to the [human
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services] department at the same time as the individual's or
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0016| employee's check is issued. Any penalty received shall be
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0017| deposited into the general fund.
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0018| [F.] E. Upon the death of an employee, the
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0019| account administrator shall distribute the principal and
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0020| accumulated interest of the savings account to the estate of the
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0021| employee."
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0022| Section 6. Section 59A-23D-6 NMSA 1978 (being Laws 1995,
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0023| Chapter 93, Section 6, as amended by Section 5 of this act,) is
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0024| repealed and a new Section 59A-23D-6 NMSA 1978 is enacted to
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0025| read:
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0001| "59A-23D-6. [NEW MATERIAL] WITHDRAWALS.--
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0002| A. If an employee withdraws money from the
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0003| employee's medical care savings account on the last business day
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0004| of the account administrator's business year for a purpose other
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0005| than payment of eligible medical expenses, the money withdrawn
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0006| shall be considered income to the individual and subject to
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0007| taxation to the extent that the money withdrawn is considered
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0008| income and subject to taxation under the provisions of the
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0009| Internal Revenue Code of 1986, as amended. The withdrawal does
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0010| not subject the employee to a penalty.
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0011| B. If an employee withdraws money from the
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0012| employee's medical care savings account for a purpose other than
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0013| payment of eligible medical expenses at any time other than the
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0014| last business day of the account administrator's business year:
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0015| (1) the amount of the withdrawal shall be
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0016| considered income to the employee and subject to taxation to the
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0017| extent that the money withdrawn is considered income and subject
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0018| to taxation under the provisions of the Internal Revenue Code of
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0019| 1986, as amended;
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0020| (2) the administrator shall withdraw and, on
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0021| behalf of the employee, pay a penalty equal to ten percent of
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0022| the amount of the withdrawal; and
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0023| (3) all interest earned on the balance in the
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0024| savings account during the tax year in which the withdrawal is
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0025| made shall be considered income to the employee and subject to
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0001| taxation to the extent that the money withdrawn is considered
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0002| income and subject to taxation under the provisions of the
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0003| Internal Revenue Code of 1986, as amended.
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0004| C. If an individual is no longer employed by an
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0005| employer that participates in a program or if an employee
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0006| chooses to cease participating in the program, the individual or
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0007| employee, within sixty days of his final day of employment or
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0008| participation, shall:
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0009| (1) request, in writing, the transfer of his
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0010| savings account to a new account administrator;
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0011| (2) request in writing that the former
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0012| employer's account administrator continue to administer the
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0013| savings account, including in the request an agreement to pay
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0014| the cost, if any, of account administration on that savings
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0015| account; or
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0016| (3) withdraw the money from the savings
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0017| account.
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0018| D. No more than thirty days after the expiration of
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0019| the sixty-day period pursuant to Subsection C of this section,
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0020| the account administrator shall:
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0021| (1) transfer the savings account to a new
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0022| account administrator as requested;
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0023| (2) agree in writing to continue to act as the
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0024| account administrator for the savings account; or
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0025| (3) mail a check to the individual or employee
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0001| at his last known address for the amount in the account as of
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0002| the day the check was issued, excluding the applicable
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0003| withdrawal penalty. The penalty shall be paid to the department
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0004| at the same time as the individual's or employee's check is
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0005| issued. Any penalty received shall be deposited into the
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0006| general fund.
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0007| E. Upon the death of an employee, the account
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0008| administrator shall distribute the principal and accumulated
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0009| interest of the savings account to the estate of the employee."
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0010| Section 7. REPEAL.--Section 7-2-5.6 NMSA 1978 (being Laws
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0011| 1995, Chapter 93, Section 8, as amended by Section 1 of this
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0012| act) is repealed.
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0013| Section 8. APPLICABILITY.--
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0014| A. The provisions of Sections 1, 2 and 5 of this act
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0015| apply to taxable years beginning on or after January 1, 1996.
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0016| B. The provisions of Sections 3, 4, 6 and 7 of this
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0017| act are applicable to taxable years for which the federal act
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0018| described in Section 9 of this act is applicable.
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0019| Section 9. CONTINGENT EFFECTIVE DATE.--The provisions of
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0020| Sections 3, 4, 6 and 7 of this act are contingent upon the
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0021| passage by the United States congress and the approval by the
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0022| president of the United States of an act establishing income tax
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0023| treatment of medical care savings accounts similar to the
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0024| treatment established by Laws 1995, Chapter 93. Sections 3, 4,
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0025| 6 and 7 of this act become effective on the date that the
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0001| federal act is effective for federal purposes.
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0002| - 13 - State of New Mexico
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0003| House of Representatives
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0004|
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0005| FORTY-SECOND LEGISLATURE
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0006| SECOND SESSION, 1996
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0007|
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0008|
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0009| February 12, 1996
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0010|
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0011|
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0012| Mr. Speaker:
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0013|
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0014| Your TAXATION AND REVENUE COMMITTEE, to whom has
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0015| been referred
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0016|
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0017| HOUSE BILL 449
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0018|
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0019| has had it under consideration and reports same with
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0020| recommendation that it DO PASS, amended as follows:
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0021|
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0022| 1. On page 5, between lines 7 and 8, insert the following
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0023| new section:
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0024|
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0025| "Section 3. Section 59A-23D-3 NMSA 1978 (being Laws 1995,
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0001| Chapter 93, Section 3) is amended to read:
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0002|
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0003| "59A-23D-3. ACCOUNT ADMINISTRATOR--REGISTRATION WITH
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0004| DEPARTMENT--DEPARTMENT POWERS AND DUTIES.--
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0005|
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0006| A. An account administrator shall register with the
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0007| department and pay a registration fee of twenty-five dollars
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0008| ($25.00). The registration fee shall be deposited in the general
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0009| fund. Registration as an account administrator does not affect
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0010| the regulation of a bank, savings and loan association, credit
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0011| union, trust company or insurance company as otherwise provided by
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0012| law.
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0013|
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0014| B. An account administrator shall provide to the
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0015| department annually a list of the employers for whom it provides
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0016| account administration and the number of employees and dependents
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0017| for whom it administers accounts. The information shall be
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0018| provided in the form requested by the department. The department
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0019| may request other information it deems appropriate from the
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0020| account administrator; provided, however, that the department
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0021| shall not request any information about an individual employee or
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0022| dependent unless a complaint has been filed with the department by
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0023| that employee or dependent and the information is required to
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0024| investigate the complaint.
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0025|
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0001| C. The department may receive, investigate and settle
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0002| complaints about medical care savings accounts and account
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0003| administrators or it may refer complaints to other appropriate
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0004| agencies.
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0005|
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0006| D. The department shall adjust annually the maximum
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0007| deductible for qualified higher deductible health plans to reflect
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0008| the last known increase in the medical care component of the
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0009| consumer price index published by the United States department of
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0010| labor. For 1995, the maximum deductible shall not be less than
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0011| one thousand dollars ($1,000) and not more than three thousand
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0012| dollars ($3,000).
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0013|
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0014| E. [The department may adjust annually the maximum
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employer contribution to reflect the last known increase in the
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medical care component of the consumer price index. For 1995, the
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employer's contribution shall not exceed three thousand dollars
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($3,000).] The annual employer contributions shall not exceed
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0019| two thousand dollars ($2,000). Any annual contributions by an
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0020| employee shall not exceed two thousand dollars ($2,000)."".
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0021|
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0022| 2. Renumber the succeeding sections accordingly.
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0023|
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0024| 3. On page 13, line 12, strike "and 5" and insert in lieu
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0025| thereof ", 3 and 6".
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0001|
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0002| 4. On page 13, line 14, strike "3, 4, 6 and 7" and insert in
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0003| lieu thereof "4, 5, 7 and 8".
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0004|
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0005| 5. On page 13, line 16, strike "9" and insert in lieu
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0006| thereof "10".
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0007|
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0008| 6. On page 13, line 18, strike "3, 4, 6 and 7" and insert in
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0009| lieu thereof "4, 5, 7 and 8".
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0010|
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0011| 7. On page 13, lines 22 and 23, strike "3, 4, 6 and 7" and
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0012| insert in lieu thereof "4, 5, 7 and 8".
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0013|
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0014| Respectfully submitted,
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0015|
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0016|
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0017|
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0018|
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0019|
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0020| Jerry W. Sandel, Chairman
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0021|
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0022|
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0023| Adopted Not Adopted
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0024|
|
0025| (Chief Clerk) (Chief Clerk)
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0001|
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0002| Date
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0003|
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0004| The roll call vote was 12 For 0 Against
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0005| Yes: 12
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0006| Excused: None
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0007| Absent: Ryan
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0008|
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0009|
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0010| .111905.2
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0011| H0449TR1
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0012|
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0013| FORTY-SECOND LEGISLATURE HB 449/a
|
0014| SECOND SESSION, 1996
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0015|
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0016|
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0017| February 14, 1996
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0018|
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0019| Mr. President:
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0020|
|
0021| Your WAYS AND MEANS COMMITTEE, to whom has been
|
0022| referred
|
0023|
|
0024| HOUSE BILL 449, as amended
|
0025|
|
0001| has had it under consideration and reports same with
|
0002| recommendation that it DO PASS, amended as follows:
|
0003|
|
0004| 1. Strike House Taxation and Revenue Committee amendment 1.
|
0005|
|
0006| 2. On page 5, between lines 7 and 8, insert the following new
|
0007| section:
|
0008|
|
0009| "Section 3. Section 59A-23D-3 NMSA 1978 (being Laws 1995,
|
0010| Chapter 93, Section 3) is amended to read:
|
0011|
|
0012| "59A-23D-3. ACCOUNT ADMINISTRATOR--REGISTRATION WITH
|
0013| DEPARTMENT--DEPARTMENT POWERS AND DUTIES.--
|
0014|
|
0015| A. An account administrator shall register with the
|
0016| department and pay a registration fee of twenty-five dollars
|
0017| ($25.00). The registration fee shall be deposited in the general
|
0018| fund. Registration as an account administrator does not affect
|
0019| the regulation of a bank, savings and loan association, credit
|
0020| union, trust company or insurance company as otherwise provided by
|
0021| law.
|
0022|
|
0023| B. An account administrator shall provide to the
|
0024| department annually a list of the employers for whom it provides
|
0025| account administration and the number of employees and dependents
|
0001| for whom it administers accounts. The information shall be
|
0002| provided in the form requested by the department. The department
|
0003| may request other information it deems appropriate from the
|
0004| account administrator; provided, however, that the department
|
0005| shall not request any information about an individual employee or
|
0006| dependent unless a complaint has been filed with the department by
|
0007| that employee or dependent and the information is required to
|
0008| investigate the complaint.
|
0009|
|
0010| C. The department may receive, investigate and settle
|
0011| complaints about medical care savings accounts and account
|
0012| administrators or it may refer complaints to other appropriate
|
0013| agencies.
|
0014|
|
0015| D. The department shall adjust annually the maximum
|
0016| deductible for qualified higher deductible health plans to reflect
|
0017| the last known increase in the medical care component of the
|
0018| consumer price index published by the United States department of
|
0019| labor. For 1995, the maximum deductible shall not be less than
|
0020| one thousand dollars ($1,000) and not more than three thousand
|
0021| dollars ($3,000).
|
0022|
|
0023| E. [The department may adjust annually the maximum
|
employer contribution to reflect the last known increase in the
|
medical care component of the consumer price index. For 1995, the
|
employer's contribution shall not exceed three thousand dollars
|
($3,000).] The annual employer contribution per employee shall
|
0003| not exceed two thousand five hundred dollars ($2,500). Any annual
|
0004| contribution by an employee shall not exceed two thousand five
|
0005| hundred dollars ($2,500)."".
|
0006|
|
0007| 3. Renumber the succeeding sections accordingly.
|
0008|
|
0009|
|
0010|
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0011| Respectfully submitted,
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0012|
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0013|
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0014|
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0015| __________________________________
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0016| TITO D. CHAVEZ, Chairman
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0017|
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0018|
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0019|
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0020| Adopted_______________________ Not Adopted_______________________
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0021| (Chief Clerk) (Chief Clerk)
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0022|
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0023|
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0024| Date ________________________
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0025|
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0001|
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0002| The roll call vote was 7 For 0 Against
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0003| Yes: 7
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0004| No: 0
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0005| Excused: Wiener
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0006| Absent: None
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0007|
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0008|
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0009| S0449WM1 .112258.1
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0010|
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0011|
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