H-2267.1          _______________________________________________

                            SUBSTITUTE HOUSE BILL 1995

                  _______________________________________________

State of Washington              54th Legislature             1995 Regular Session

By House Committee on Health Care (originally sponsored by Representatives Mielke, Morris and Dyer)

Read first time 03/01/95.

Providing an exemption and an offset for insurance premium and prepayment obligations for the high risk pool.

     AN ACT Relating to provision of a tax exemption and offset for premiums and prepayments for policies under the health insurance coverage access act; amending RCW 48.14.022 and 48.14.0201; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     Sec. 1.  RCW 48.14.022 and 1987 c 431 s 23 are each amended to read as follows:

     (1) The taxes imposed in RCW 48.14.020 and 48.14.0201 do not apply to premiums and prepayments collected or received for policies of insurance issued under RCW 48.41.010 through 48.41.210.

     (2) In computing tax due under RCW 48.14.020 and 48.14.0201, there may be deducted from taxable premiums and prepayments the amount of any assessment against the taxpayer under RCW 48.41.010 through 48.41.210.  Any portion of the deduction allowed in this section which cannot be deducted in a tax year without reducing taxable premiums below zero may be carried forward and deducted in successive years until the deduction is exhausted.

     Sec. 2.  RCW 48.14.0201 and 1993 sp.s. c 25 s 601 are each amended to read as follows:

     (1) As used in this section, "taxpayer" means a health maintenance organization, as defined in RCW 48.46.020, a health care service contractor, as defined in RCW 48.44.010, or a certified health plan certified under RCW 48.43.030.

     (2) Each taxpayer shall pay a tax on or before the first day of March of each year to the state treasurer through the insurance commissioner's office.  The tax shall be equal to the total amount of all premiums and prepayments for health care services received by the taxpayer during the preceding calendar year multiplied by the rate of two percent.

     (3) Taxpayers shall prepay their tax obligations under this section.  The minimum amount of the prepayments shall be percentages of the taxpayer's tax obligation for the preceding calendar year recomputed using the rate in effect for the current year.  For the prepayment of taxes due during the first calendar year, the minimum amount of the prepayments shall be percentages of the taxpayer's tax obligation that would have been due had the tax been in effect during the previous calendar year.  The tax prepayments shall be paid to the state treasurer through the commissioner's office by the due dates and in the following amounts:

     (a) On or before June 15, forty-five percent;

     (b) On or before September 15, twenty-five percent;

     (c) On or before December 15, twenty-five percent.

     (4) For good cause demonstrated in writing, the commissioner may approve an amount smaller than the preceding calendar year's tax obligation as recomputed for calculating the health maintenance organization's, health care service contractor's, or certified health plan's prepayment obligations for the current tax year.

     (5) Moneys collected under this section shall be deposited in the general fund through ((March 31, 1996)) July 1, 1995, and in the health services account under RCW 43.72.900 after ((March 31, 1996)) July 1, 1995.

     (6) The taxes imposed in this section do not apply to:

     (a) Amounts received by any taxpayer from the United States or any instrumentality thereof as prepayments for health care services provided under Title XVIII (medicare) of the federal social security act.  ((This exemption shall expire July 1, 1997.))

     (b) Amounts received by any health care service contractor, as defined in RCW 48.44.010, as prepayments for health care services included within the definition of practice of dentistry under RCW 18.32.020.  This exemption does not apply to amounts received under a certified health plan certified under RCW 48.43.030.

NEW SECTION. Sec. 3.  This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and shall take effect immediately.

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