Except as otherwise provided in this section, gross income does not include the value of any qualified Indian health care benefit.
For purposes of this section, the term "qualified Indian health care benefit" means-
For purposes of this section-
The term "Indian tribe" has the meaning given such term by section 45A(c)(6).
The term "tribal organization" has the meaning given such term by section 4(l) of the Indian Self-Determination and Education Assistance Act.
The term "medical care" has the same meaning as when used in section 213.
The terms "accident or health insurance" and "accident or health plan" have the same meaning as when used in section 105.
The term "dependent" has the meaning given such term by section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof.
Subsection (a) shall not apply to the amount of any qualified Indian health care benefit which is not includible in gross income of the beneficiary of such benefit under any other provision of this chapter, or to the amount of any such benefit for which a deduction is allowed to such beneficiary under any other provision of this chapter.
26 U.S.C. § 139D
EDITORIAL NOTES
REFERENCES IN TEXTSection 4(l) of the Indian Self-Determination and Education Assistance Act, referred to in subsec. (c)(2), is classified to section 5304(l) of Title 25, Indians.
CODIFICATIONAnother section 139D, added Pub. L. 111-148, §10108(f)(1), Mar. 23, 2010, 124 Stat. 913, related to free choice vouchers, prior to repeal by Pub. L. 112-10, div. B, title VIII, §1858(b)(2)(A), Apr. 15, 2011, 125 Stat. 168, effective as if included in the provisions of, and the amendments made by, the provisions of Pub. L. 111-148 to which it relates, see section 1858(d) of Pub. L. 112-10, set out as an Effective Date of 2011 Amendment note under section 36B of this title.
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE Pub. L. 111-148, §9021(c), Mar. 23, 2010, 124 Stat. 874, provided that: "The amendments made by this section [enacting this section] shall apply to benefits and coverage provided after the date of the enactment of this Act [Mar. 23, 2010]."
NO INFERENCE WITH RESPECT TO EXCLUSION FROM GROSS INCOME OF CERTAIN BENEFITS Pub. L. 111-148, §9021(d), Mar. 23, 2010, 124 Stat. 874, provided that: "Nothing in the amendments made by this section [enacting this section] shall be construed to create an inference with respect to the exclusion from gross income of-"(1) benefits provided by an Indian tribe or tribal organization that are not within the scope of this section, and "(2) benefits provided prior to the date of the enactment of this Act [Mar. 23, 2010]."