Library / Laws / 113th / s / S. 2492 / Introduced in Senate
II
113th CONGRESS
2d Session
S. 2492
IN THE SENATE OF THE UNITED STATES
June 18, 2014
Mr. Scott introduced the following bill; which was read twice and referred to the Committee on Finance
A BILL
To amend the Internal Revenue Code of 1986 to increase access for the uninsured to high quality
physician care.
1.
Short title
This Act may be cited as the
Charity Care Expansion Act of 2014.
2.
Physician charity
care deduction
(a)
In
general
Part VI of subchapter
B of chapter 1 of the Internal Revenue Code of 1986 is amended by adding
at the
end the following new section:
199A.
Physician
charity care
(a)
In
general
In the case of a
physician, there shall be allowed as a deduction for the taxable
year an amount equal to
the amount
such physician would have otherwise charged for qualified charity
care provided
by such physician during the taxable year.
(b)
Qualified
charity care
For purposes of this section—
(1)
Qualified
charity care
The term
qualified charity care means physicians’ services (as defined in
section 1861(q) of the Social Security Act) provided on a volunteer
or pro bono
basis through a qualifying arrangement.
(2)
Physician
The
term physician has the meaning given to such term in section
1861 of the Social Security Act (42 U.S.C. 1395x(r)).
(3)
Qualifying arrangement
The term qualifying arrangement means an agreement or contract to provide physicians' services on a volunteer or pro bono basis
which is entered into—
(A) between the physician and a health care clinic or other organization providing health care which is
targeted to serve underserved or low-income individuals, and
(B) before the date the services are provided.
(c)
Limitations
(1)
Service charge
limitation
The amount determined under subsection (a) with
respect to any services shall not exceed
the medicare economic index (referred to in the fourth sentence of
section
1842(b)(3) of the Social Security Act (42 U.S.C. 1395u(b)(3)))
applicable to the
services provided.
In the
case of physicians’ services to which the medicare economic index
is not
applicable, the Secretary, in consultation with the Secretary of
Health and
Human Services, shall use data on uncompensated care for purposes
of the
limitation under subparagraph (B), and may adjust such data so as
to be an
appropriate proxy, including a downward adjustment to eliminate bad
debt data
from uncompensated care data.
(2)
Overall
limitation
The amount allowed
as a deduction under subsection (a) for any taxable year shall not
exceed an
amount equal to—
(A) 10 percent of the gross income of the taxpayer for
the taxable
year derived from the taxpayer’s provision of physicians’ services
(as defined
in section 1861(q) of the Social Security
Act), or
(B) in the case of a physician who does not have income for the taxable year derived from the provision
of physicians' services, $10,000.
(3)
Exclusion for services with respect to which any reimbursement is received
Physicians' services shall not be treated as qualified charity care under subsection (b) if a
physician receives any reimbursement, including payment at a partial or
discounted rate, for such services.
.
(b)
Clerical
amendment
The table of
sections for part VI of subchapter B of chapter 1 of such Code is amended
by
adding at the end the following new item:
Sec. 199A. Physician charity
care.
.
(c)
Effective
date
The amendments made by this section shall apply to taxable
years beginning after the date of the enactment of this Act.
3.
Preventive health and health services block grant
Part A of title XIX of the Public Health Service Act (42 U.S.C. 300w et seq.) is repealed.