HBA-SEP, AMW H.B. 1812 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1812 By: Wohlgemuth Ways & Means 3/16/2001 Introduced BACKGROUND AND PURPOSE Currently, the number of elderly is the fastest growing age group in Texas. While the elderly are relying on Medicaid as the largest public funding source for their care, the population of working adults contributing to Medicaid is diminishing. The 76th Legislature established standards for long-term care insurance, which included the parents of the insured and the parents of the insured's spouse in the minimum coverage standards of long-term care insurance which provides a daily benefit to cover costs of long-term care for a person who needs medical or personal care services in a setting other than a hospital, such as a nursing home or the patient's home. Few corporations offer long-term care insurance policies, and existing policies rarely allow the insured to build equity in the program. House Bill 1812 authorizes a corporation to claim a franchise tax credit for expenditures for a long-term care insurance policy (credit) with greater incentives for policies that allow equity building for employees and sets limitations on the credit. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1812 amends the Tax Code to authorize a corporation to claim a franchise tax credit for expenditures for a long-term care insurance policy (credit) only for an expenditure made toward the cost of a long-term care insurance policy for an employee or the employee's parent. The bill sets forth provisions regarding the amount of the credit and limitations on the credit. The bill specifies that a corporation must apply for a credit on or with the tax report for the period for which the credit is claimed. The bill requires the comptroller to adopt a form for the application for the credit and provides that a corporation must use this form in applying for the credit. The bill prohibits a corporation from conveying, assigning, or transferring the credit to another entity unless all of the assets of the corporation are conveyed, assigned, or transferred in the same transaction. EFFECTIVE DATE January 1, 2002.