(a) Imposition of tax. -- For the privilege of engaging or continuing within this state in the business of providing outpatient hospital services, there is hereby levied and shall be collected from every person rendering such service an annual broad-based health care related tax.
(b) Rate and measure of tax. -- The tax imposed in subsection (a) of this section shall be two and one-half percent of the gross receipts derived by the taxpayer from furnishing outpatient hospital services in this state.
(c) Definitions. --
(1) "Gross receipts" means the amount received or receivable, whether in cash or in kind, from patients, third-party payors and others for outpatient hospital services furnished by the provider, including retroactive adjustments under reimbursement agreements with third-party payors, without any deduction for any expenses of any kind: Provided, That accrual basis providers shall be allowed to reduce gross receipts by their contractual allowances, to the extent such allowances are included therein, and by bad debts, to the extent the amount of such bad debts was previously included in gross receipts upon which the tax imposed by this section was paid.
(2) "Contractual allowances" means the difference between revenue (gross receipts) at established rates and amounts realizable from third-party payors under contractual agreements.
(3) "Outpatient hospital services" means those services that are outpatient hospital services for purposes of Section 1903(w) of the Social Security Act.
(d) Effective date. -- The tax imposed by this section shall apply to gross receipts received or receivable by providers after May 31, 1993.
Structure West Virginia Code
Article 27. Health Care Provider Taxes
§11-27-1. Legislative Findings
§11-27-2. Short Title; Arrangement and Classification
§11-27-4. Imposition of Tax on Ambulatory Surgical Centers
§11-27-5. Imposition of Tax on Providers of Chiropractic Services
§11-27-6. Imposition of Tax on Providers of Dental Services
§11-27-7. Imposition of Tax on Providers of Emergency Ambulance Service
§11-27-8. Imposition of Tax on Providers of Independent Laboratory or X-Ray Services
§11-27-9. Imposition of Tax on Providers of Inpatient Hospital Services
§11-27-10a. Imposition of Tax on Managed Care Organizations
§11-27-12. Imposition of Tax on Providers of Nursing Services
§11-27-13. Imposition of Tax on Providers of Opticians' Services
§11-27-14. Imposition of Tax on Providers of Optometric Services
§11-27-15. Imposition of Tax on Providers of Outpatient Hospital Services
§11-27-16. Imposition of Tax on Providers of Physicians' Services
§11-27-17. Imposition of Tax on Providers of Podiatry Services
§11-27-18. Imposition of Tax on Providers of Psychological Services
§11-27-19. Imposition of Tax on Providers of Therapists' Services
§11-27-20. Double Taxation Prohibited
§11-27-21. Apportionment of Gross Receipts
§11-27-22. Accounting Periods and Methods of Accounting
§11-27-23. Time for Filing Returns and Other Documents
§11-27-24. Payment of Estimated Tax
§11-27-25. Time for Paying Tax
§11-27-26. Place for Filing Returns and Other Documents
§11-27-27. Signing of Returns and Other Documents
§11-27-29. General Procedure and Administration
§11-27-30. Exchange of Information to Facilitate Compliance
§11-27-31. Crimes and Penalties
§11-27-36. Phase Out and Elimination of Tax on Services of Individual Practitioners
§11-27-37. Contingent Increase in Rates of Certain Health Care Provider Taxes
§11-27-38. Contingent Increase of Tax Rate on Certain Eligible Acute Care Hospitals