[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 385 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 385

 To amend the Internal Revenue Code of 1986 to provide a tax credit to 
primary health providers who establish practices in health professional 
                            shortage areas.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 19, 1999

     Ms. Kilpatrick (for herself, Mrs. Clayton, Mr. Delahunt, Mr. 
   Faleomavaega, Mr. Frost, Mr. Hastings of Florida, Mrs. Hooley of 
  Oregon, Ms. Lee, Mr. Lewis of Georgia, Mr. McIntyre, Ms. Millender-
McDonald, Mr. Pastor, Mr. Paul, Mr. Rush, Mr. Sanders, Mr. Sandlin, Ms. 
  Stabenow, and Mr. Stupak) introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
 To amend the Internal Revenue Code of 1986 to provide a tax credit to 
primary health providers who establish practices in health professional 
                            shortage areas.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Health Care Access Improvement 
Act''.

SEC. 2. NONREFUNDABLE CREDIT FOR CERTAIN PRIMARY HEALTH SERVICES 
              PROVIDERS SERVING HEALTH PROFESSIONAL SHORTAGE AREAS.

    (a) In General.--Subpart A of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to nonrefundable 
personal credits) is amended by inserting after section 25A the 
following new section:

``SEC. 25B. PRIMARY HEALTH SERVICES PROVIDERS SERVING HEALTH 
              PROFESSIONAL SHORTAGE AREAS.

    ``(a) Allowance of Credit.--In the case of a qualified primary 
health services provider, there is allowed as a credit against the tax 
imposed by this chapter for any taxable year in a mandatory service 
period an amount equal to the product of--
            ``(1) the lesser of--
                    ``(A) the number of months of such period occurring 
                in such taxable year, or
                    ``(B) 60 months, reduced by the number of months 
                taken into account under this paragraph with respect to 
                such provider for all preceding taxable years (whether 
                or not in the same mandatory service period), 
                multiplied by
            ``(2) $1,000.
    ``(b) Qualified Primary Health Services Provider.--For purposes of 
this section, the term `qualified primary health services provider' 
means any physician who for any month during a mandatory service period 
is certified by the Bureau to be a primary health services provider 
who--
            ``(1) is providing primary health services--
                    ``(A) full time, and
                    ``(B) to individuals at least 80 percent of whom 
                reside in a health professional shortage area,
            ``(2) is not receiving during such year a scholarship under 
        the National Health Service Corps Scholarship Program or the 
        Indian health professions scholarship program or a loan 
        repayment under the National Health Service Corps Loan 
        Repayment Program or the Indian Health Service Loan Repayment 
        Program,
            ``(3) is not fulfilling service obligations under such 
        Programs, and
            ``(4) has not defaulted on such obligations.
    ``(c) Mandatory Service Period.--For purposes of this section, the 
term `mandatory service period' means the period of 60 consecutive 
calendar months beginning with the first month the taxpayer is a 
qualified primary health services provider. In the case of an 
individual who is such a provider on the date of enactment of the 
Health Care Access Improvement Act, such term means the period of 60 
consecutive calendar months beginning with the first month after such 
date.
    ``(d) Other Definitions and Special Rules.--For purposes of this 
section--
            ``(1) Bureau.--The term `Bureau' means the Bureau of Health 
        Care Delivery and Assistance, Health Resources and Services 
        Administration of the United States Public Health Service.
            ``(2) Physician.--The term `physician' has the meaning 
        given to such term by section 1861(r) of the Social Security 
        Act.
            ``(3) Primary health services provider.--The term `primary 
        health services provider' means a provider of basic health 
        services (as described in section 330(b)(1)(A)(i) of the Public 
        Health Service Act).
            ``(4) Health professional shortage area.--The term `health 
        professional shortage area' means a health professional 
        shortage area (as defined in section 332(a)(1) of the Public 
        Health Service Act).
    ``(e) Recapture of Credit.--
            ``(1) In general.--If, during any taxable year, there is a 
        recapture event, then the tax of the taxpayer under this 
        chapter for such taxable year shall be increased by an amount 
        equal to the product of--
                    ``(A) the applicable percentage, and
                    ``(B) the aggregate unrecaptured credits allowed to 
                such taxpayer under this section for all prior taxable 
                years.
            ``(2) Applicable recapture percentage.--
                    ``(A) In general.--For purposes of this subsection, 
                the applicable recapture percentage shall be determined 
                from the following table:

                    ``If the recapture
                                                  The applicable recap-
                      event occurs during:
                                                    ture percentage is:
                            Months 1-24..............          100     
                            Months 25-36.............           75     
                            Months 37-48.............           50     
                            Months 49-60.............           25     
                            Months 61 and thereafter.            0.    
                    ``(B) Timing.--For purposes of subparagraph (A), 
                month 1 shall begin on the first day of the mandatory 
                service period.
            ``(3) Recapture event defined.--
                    ``(A) In general.--For purposes of this subsection, 
                the term `recapture event' means the failure of the 
                taxpayer to be a qualified primary health services 
                provider for any month during any mandatory service 
                period.
                    ``(B) Cessation of designation.--The cessation of 
                the designation of any area as a rural health 
                professional shortage area after the beginning of the 
                mandatory service period for any taxpayer shall not 
                constitute a recapture event.
                    ``(C) Secretarial waiver.--The Secretary may waive 
                any recapture event caused by extraordinary 
                circumstances.
            ``(4) No credits against tax.--Any increase in tax under 
        this subsection shall not be treated as a tax imposed by this 
        chapter for purposes of determining the amount of any credit 
        under subpart A, B, or D of this part.''.
    (b) Clerical Amendment.--The table of sections for subpart A of 
part IV of subchapter A of chapter 1 of the Internal Revenue Code of 
1986 is amended by inserting after the item relating to section 25A the 
following new item:

                              ``Sec. 25B. Primary health services 
                                        providers serving health 
                                        professional shortage areas.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 1998.
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