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Text: HSB00189                          Text: HSB00191
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 190

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 422.7, Code 1995, is amended by adding
  1  2 the following new subsections:
  1  3    NEW SUBSECTION.  32.  Subtract up to one thousand eight
  1  4 hundred dollars contributed by the individual, the
  1  5 individual's employer, or a public agency, in the aggregate to
  1  6 a family health account for the individual, or up to four
  1  7 thousand two hundred dollars contributed by the individual,
  1  8 the individual's employer, or a public agency, in the
  1  9 aggregate to a family health account for the individual and
  1 10 the individual's spouse and dependents.  However, the amount
  1 11 to be subtracted shall be reduced, but not below zero, by the
  1 12 amount of health insurance premiums paid by the taxpayer's
  1 13 employer covering the taxpayer or the taxpayer's spouse or
  1 14 dependent which premiums were not subject to state income tax.
  1 15 The deduction for contributions to a family health account is
  1 16 allowed if the net income is forty thousand dollars or less in
  1 17 the case of a married individual, an unmarried head of
  1 18 household, or a surviving spouse or the net income is thirty
  1 19 thousand dollars or less in the case of all other persons.  In
  1 20 the case of a married individual, the combined net income of
  1 21 both spouses shall be considered.
  1 22    NEW SUBSECTION.  33.  Subtract to the extent included,
  1 23 interest earned in the tax year on a family health account
  1 24 unless the interest is withdrawn and not used for any of the
  1 25 approved purposes described in section 505.22, subsection 1,
  1 26 paragraph "f".
  1 27    NEW SUBSECTION.  34.  Add to the extent not included,
  1 28 amounts withdrawn from a family health account which were not
  1 29 used for any of the approved purposes described in section
  1 30 505.22, subsection 1, paragraph "f", and which represent tax
  1 31 benefits previously taken by the individual.
  1 32    Sec. 2.  NEW SECTION.  505.22  FAMILY HEALTH ACCOUNT
  1 33 AUTHORIZED.
  1 34    1.  A financial instrument known as the family health
  1 35 account is established.  A family health account shall have
  2  1 all of the following characteristics:
  2  2    a.  The account is kept in the name of the individual, the
  2  3 individual's spouse, or the individual's dependent.
  2  4    b.  Deposits of up to one thousand eight hundred dollars
  2  5 for an individual and four thousand two hundred dollars for an
  2  6 individual and the individual's spouse or dependents can be
  2  7 made to the family health account in the year.
  2  8    c.  The account earns income or interest.
  2  9    d.  In the case of death of an individual with a family
  2 10 health account, the balance can be transferred to the account
  2 11 of the spouse or dependent or an account can be set up for the
  2 12 spouse or dependent.  The balance of an individual's family
  2 13 health account that transfers to the spouse or dependent at
  2 14 the time of death is not subject to the state inheritance tax.
  2 15    e.  A family health account may be used for any of the
  2 16 following purposes and payments from the account are
  2 17 restricted to the following:
  2 18    (1)  To receive subsidies from the state or federal
  2 19 government to assure access to health insurance or health
  2 20 care.
  2 21    (2)  To receive contributions from employers and others on
  2 22 a tax-exempt basis to the extent otherwise permitted by state
  2 23 and federal income tax law.
  2 24    (3)  To receive deposits of pretax income to provide a
  2 25 savings vehicle for future insurance premium, copayment, and
  2 26 deductible requirements.
  2 27    (4)  To accrue interest income on a tax-exempt or tax-
  2 28 deferred basis to the extent otherwise permitted by state and
  2 29 federal income tax law.
  2 30    (5)  To purchase a private health plan from an insurer,
  2 31 health maintenance organization, or organized delivery system
  2 32 authorized to do business in Iowa, either directly or through
  2 33 a health insurance purchasing cooperative.
  2 34    (6)  To participate in an employer-sponsored health benefit
  2 35 plan.
  3  1    (7)  To exercise rights through an employer-sponsored
  3  2 health benefit plan provided under the federal Consolidated
  3  3 Omnibus Budget Reconciliation Act of 1986.
  3  4    (8)  To make payments to health care providers necessary to
  3  5 satisfy copayment or deductible requirements under a health
  3  6 plan.
  3  7    (9)  To make payments to licensed health care providers.
  3  8    (10)  To make payments for necessary and appropriate long-
  3  9 term care services, and long-term care insurance coverage
  3 10 approved by the commissioner.
  3 11    f.  Amounts withdrawn for any of the following approved
  3 12 purposes do not result in income to the holder of a family
  3 13 health account:
  3 14    Payment of costs identified under paragraph "e",
  3 15 subparagraphs (5), (6), (7), (8), (9), and (10), for the
  3 16 individual, the individual's spouse, and the individual's
  3 17 dependent to the extent that the expenditures qualify for the
  3 18 deduction for medical care under section 213(a) of the
  3 19 Internal Revenue Code without regard to whether the
  3 20 expenditures exceed seven and one-half percent of the
  3 21 individual's federal adjusted gross income.  However, any
  3 22 expenditure for an approved purpose which is paid from the
  3 23 family health account shall not be deducted as a medical
  3 24 expense under section 422.9, subsection 2, or as health
  3 25 insurance costs of self-employed individuals under section
  3 26 162(1) of the Internal Revenue Code.
  3 27    g.  A financial institution holding a family health account
  3 28 shall make an annual report to the department of revenue and
  3 29 finance on contributions and withdrawals to the account in the
  3 30 year pursuant to rules of the department.
  3 31    h.  A financial institution administering a family health
  3 32 account shall be able to process claims against the account
  3 33 electronically subject to reasonable terms and conditions as
  3 34 determined by the insurance division and consistent with the
  3 35 requirements of the community health management information
  4  1 system.
  4  2    i.  If an individual makes a withdrawal from the
  4  3 individual's family health account in the tax year and the
  4  4 withdrawal is not for one of the purposes described in
  4  5 paragraph "f", a civil penalty of ten percent shall be imposed
  4  6 on the amount withdrawn pursuant to rules of the department.
  4  7    2.  As a condition of maintaining a family health account
  4  8 the individual or family must secure and maintain a health
  4  9 benefit plan.  The plan must provide for copayments,
  4 10 deductibles, or out-of-pocket maximums consistent with the
  4 11 average balance of the family health account.
  4 12    3.  As used in this section, unless the context otherwise
  4 13 requires:
  4 14    a.  "Account holder" means an individual for whose benefit
  4 15 a family health account is established.
  4 16    b.  "Dependent" means the same as defined in section 152 of
  4 17 the Internal Revenue Code.
  4 18    c.  "Financial institution" means a private insurer, health
  4 19 maintenance organization, organized delivery system, health
  4 20 insurance purchasing cooperative, or a financial institution
  4 21 approved by the insurance division as an investment mechanism
  4 22 for family health accounts and licensed to do business in this
  4 23 state.
  4 24    d.  "Internal Revenue Code" means the same as defined in
  4 25 section 422.3.
  4 26    Sec. 3.  This Act takes effect January 1, 1996, for tax
  4 27 years beginning on or after that date.  
  4 28                           EXPLANATION
  4 29    This bill allows a deduction for amounts of contributions
  4 30 to a family health account.  In addition, the bill allows a
  4 31 deduction from adjusted gross income for the interest earned
  4 32 on a family health account to the extent not withdrawn or not
  4 33 used for a nonapproved purpose.
  4 34    New section 505.22 is created which establishes family
  4 35 health accounts to provide for the payment of health care
  5  1 costs for certain individuals.
  5  2    The bill is effective January 1, 1996, for tax years
  5  3 beginning on or after that date.  
  5  4 LSB 1502YC 76
  5  5 mg/cf/24
     

Text: HSB00189                          Text: HSB00191
Text: HSB00100 - HSB00199               Text: HSB Index
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