By: Oliverson, Meyer, Allison H.B. No. 1445
    (Senate Sponsor - Nichols)
         (In the Senate - Received from the House April 8, 2021;
  April 8, 2021, read first time and referred to Committee on
  Finance; April 13, 2021, reported favorably by the following vote:  
  Yeas 14, Nays 0; April 13, 2021, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the applicability of the sales and use tax to medical or
  dental billing services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 151.0039(b), Tax Code, is amended to
  read as follows:
         (b)  "Insurance service" does not include:
               (1)  insurance coverage for which a premium is paid or
  commissions paid to insurance agents for the sale of insurance or
  annuities;
               (2)  a service performed on behalf of an insured by a
  person licensed under Chapter 4102, Insurance Code;
               (3)  a service performed by a certified public
  accountancy firm, if less than one percent of the firm's total
  revenue in the prior calendar year is from services in this state
  that would otherwise constitute insurance service under Subsection
  (a); [or]
               (4)  a service performed on behalf of a certified
  public accountancy firm by an owner of the firm or a member of the
  firm's affiliated group, if less than one percent of the owner's or
  member's total revenue in the prior calendar year is from services
  in this state that would otherwise constitute insurance service
  under Subsection (a); or
               (5)  a medical or dental billing service performed
  before the original submission of:
                     (A)  a medical or dental insurance claim related
  to health or dental coverage; or
                     (B)  a claim related to health or dental coverage
  made to a medical assistance program funded by the federal
  government, a state government, or both.
         SECTION 2.  Section 151.0039(c), Tax Code, is amended by
  adding Subdivision (3) to read as follows:
               (3)  "Medical or dental billing service" means
  assigning codes for the preparation of a medical or dental claim,
  verifying medical or dental insurance eligibility, preparing a
  medical or dental claim form for filing, and filing a medical or
  dental claim.
         SECTION 3.  The change in law made by this Act does not
  affect tax liability accruing before the effective date of this
  Act. That liability continues in effect as if this Act had not been
  enacted, and the former law is continued in effect for the
  collection of taxes due and for civil and criminal enforcement of
  the liability for those taxes.
         SECTION 4.  This Act takes effect January 1, 2022.
 
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