W. Va. Code R. § 110-13P-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 110-13P-2 - Definitions

As used in this rule and unless the context clearly requires a different meaning, the following terms have the meaning ascribed in this section.

2.1. "Actual Annual Medical Liability Insurance Premium" - means the actual annual medical liability insurance premium paid by the taxpayer during the taxpayer's taxable year but does not include the premium paid for any other liability insurance.

2.2. "Adjusted Annual Medical Liability Premium" - means the statewide average of medical liability insurance premiums by specialty and subspecialty groups directly paid by eligible taxpayers in those specialty and subspecialty groups during the taxable year to cover physicians' services performed during the year reduced by the sum of $10,000.

2.3. "Commissioner" or "Tax Commissioner" - means the West Virginia State Tax Commissioner, or his or her delegate.

2.4. "Contractual Allowances" - means the difference between revenue (gross receipts) at established rates and amounts realizable from third-party payors under contractual agreements.

2.5. "Credit" or "Tax Credit" - means the Tax Credit For Medical Liability Insurance Premiums authorized by W. Va. Code §§ 11-13P-1 et seq.

2.6. "Eligible Taxpayer" - means any person subject to the tax imposed by W. Va. Code § 11-27-16, or a physician who is a partner, member, shareholder or employee of an eligible taxpayer and who is subject to the tax imposed by W. Va. Code § 11-27-16.

2.7. "Eligible Taxpayer Organization" - means a partnership, limited liability company, or corporation that is an eligible taxpayer.

2.8. "Gross Receipts" means the amount received or receivable, whether in cash or in kind, from patients, third-party payors and others for a service subject to the Health Care Provider Tax that is furnished by the eligible taxpayer, including retroactive adjustments under reimbursement agreements with third-party payors, without any deduction for any expenses of any kind: Provided, That accrual basis eligible taxpayers may reduce gross receipts by their contractual allowances, to the extent the allowances are included, and by bad debts, to the extent the amount of the bad debts was previously included in gross receipts upon which the tax imposed by this section was paid.

2.9. "Health Care Provider Tax" or "Tax" - means the tax imposed by W. Va. Code §§ 11-27-1 et seq.

2.10. "Person" - means and includes any natural person, corporation, limited liability company, trust or partnership.

2.11. "Physician" - means a doctor of medicine or osteopathy.

2.12. "Physicians' Services" - means health care provider services that are performed in this State by physicians licensed by the West Virginia Board of Medicine or the West Virginia Board of Osteopathic Medicine, and that are subject to the Health Care Provider Tax, including those services that are physicians' services for purposes of Section 1903(w) of the Social Security Act, and professional services performed by physicians, including surgery, consultation, and home, office, and institutional calls. However, "physicians services" do not include activities exemplified by the following:

2.12.1. Director fees received by a physician for serving on a board of directors; or

2.12.2. Fees received by a physician for expert testimony

2.13. "Statewide Average Medical Liability Insurance Premiums" - means the average of premiums for each specialty and sub-specialty group as determined by the West Virginia Insurance Commission and published in the State Register in November of each year.

W. Va. Code R. § 110-13P-2