LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS FISCAL IMPACT STATEMENT LS 7709 NOTE PREPARED: Jan 13, 2025 BILL NUMBER: HB 1588 BILL AMENDED: SUBJECT: Long Term Care Savings Accounts. FIRST AUTHOR: Rep. Barrett BILL STATUS: As Introduced FIRST SPONSOR: FUNDS AFFECTED:XGENERAL IMPACT: State & Local XDEDICATED FEDERAL Summary of Legislation: Primary Care Access Revolving Fund: The bill establishes the Primary Care Access Revolving Fund for the purpose of making loans to primary care medical practices in Indiana. It specifies the purposes for which money in the fund may be loaned. It also provides that the Indiana Finance Authority shall administer the fund. The bill requires the Indiana Economic Development Corporation (IEDC) to transfer $15 M to the fund from the amount appropriated to the IEDC by the General Assembly in FY 2026. Health Reimbursement Arrangement Tax Credit: The bill increases the employee threshold for purposes of eligibility for the Health Reimbursement Arrangement Income Tax Credit. It increases the maximum amount of tax credits that may be granted in a year. It also specifies the procedure for claiming the credit. Long Term Care Savings Account Program: The bill allows an employer to establish a long term care savings account program that allows an employee to save with favorable tax treatment for services required when the employee's or the employee's dependents' functional capacities become chronically impaired due to advanced age or other circumstances. Physician Practice Ownership Tax Credit: The bill expands the Physician Practice Ownership Tax Credit against state tax liability to practicing physicians (instead of only primary care physicians) who have an ownership interest in a physician practice and meet other eligibility criteria. The bill requires a taxpayer claiming the tax credit to certify that each physician with an ownership interest provides health care services to patients. The bill provides that the total amount of tax credits awarded in a state fiscal year may not exceed $20 M. Effective Date: January 1, 2025 (retroactive); July 1, 2025. Explanation of State Expenditures: Primary Care Access Revolving Fund: The bill establishes a new fund for the purpose of making loans to primary care medical practices. The fund shall include a transfer in the amount of $15 M from the money appropriated to the IEDC during FY 2026. The fund will also receive repayment proceeds of loans made to primary care practices. HB 1588 1 The bill will increase workload at the Indiana Finance Authority to administer the fund. Existing staffing and resource levels, if currently being used to capacity, may be insufficient for full implementation. As of December 1, 2024, the Indiana Finance Authority had four vacant positions. Department of State Revenue (DOR): The DOR will incur additional expenses to revise tax forms, instructions, computer programs, and to fulfill administrative requirements related to tax credits under the bill. The DOR may also have additional workload to collect penalties for unauthorized withdrawals from long term care savings accounts. The DOR’s current level of resources should be sufficient to implement these changes. The DOR and the Department of Insurance may also have additional workload to adopt rules to implement the long term care savings account program. Explanation of State Revenues: Physician Practice Ownership Tax Credit: The bill expands the population of physicians who could claim the physician practice ownership tax credit to include practicing physicians with an ownership interest in a physician practice. If additional credits are claimed as a result of the expansion, state General Fund revenue would decrease. The state General Fund revenue impact would be limited by the credit cap imposed by the bill. The bill caps the amount of the tax credit that can be awarded in a state fiscal year to $20 M beginning in FY 2026. The amount of new credits awarded in any fiscal year would equal $20 M minus any credit amounts carried forward from prior years. Eligible physicians are eligible for a credit of $20,000 for a tax year in the initial year the medical practice opens and for the following two years. If the credit exceeds the taxpayer’s state income tax liability for the taxable year, the taxpayer may carry the excess credit over for a period to not exceed ten years. The tax credit may be applied to AGI Tax liabilities. To claim the credit, a physician’s ownership interest must be at least 5% if the practice has 10 or fewer owners, or at least 50% if the practice has more than 10 owners. The physician practice ownership tax credit, as it passed in HEA 1004-2023, is first available to be claimed in tax year 2024. Health Reimbursement Arrangement Tax Credit: The bill expands the nonrefundable tax credit for employers who adopt health reimbursement arrangements instead of traditional employer health insurance plans. The bill could reduce state General Fund revenue by an estimated $5 M per year beginning in FY 2026. The tax credit will reduce the tax liability for taxpayers starting in tax year 2025. The bill allows employers with fewer than 75 employees to claim the credit for two years. Current law applies to employers with fewer than 50 employees. The bill also increases the cap on the amount of tax credits that may be awarded in a year from $10 M to $15 M. The credit amount is equal to $400 per covered employee in a health reimbursement arrangement in the first year and $200 per covered employee in the second year. The tax credit may be applied to Adjusted Gross Income (AGI) Tax, Financial Institutions Tax, Insurance Premiums Tax, and Nonprofit Agricultural Organization Health Coverage Tax liabilities. The health reimbursement arrangement income tax credit, as passed in HEA 1004-2023, will first be available for taxpayers to claim in tax year 2024. Long Term Care Savings Accounts: The bill allows employers to establish long term care savings accounts HB 1588 2 for their employees under favorable tax treatment beginning in tax year 2026. Deposits into long term care savings accounts, qualified withdrawals, and interest earned on the accounts will not be subject to state AGI tax. This would reduce state revenues by an indeterminable amount beginning in FY 2027. Account holders who make unauthorized withdrawals from their accounts for purposes other than long term care expenses would pay a penalty of 10% of the amount of the withdrawal. They would also be required to pay state income tax on the amount of the withdrawal and interest earned on the account. Penalties would be withheld by account administrators and paid to DOR. Penalty collections will be deposited in the Local Public Health Fund. Explanation of Local Expenditures: Explanation of Local Revenues: Primary Care Access Revolving Fund: Local hospitals providing primary health care services could receive loans under the fund for the purposes outlined in the bill, including capital improvements and equipment purchases. The loan would be subject to the terms and a repayment schedule as determined by the IFA. Long Term Care Savings Accounts: Exempting deposits, withdrawals, and interest earned on long term care saving accounts under the bill may decrease taxable income. Counties imposing Local Income Taxes (LIT) may experience revenue loss. The fiscal impact will begin in FY 2027 and continue in future years. State Agencies Affected: Department of State Revenue, Indiana Finance Authority, Indiana Economic Development Corporation. Local Agencies Affected: Local hospitals providing primary health care services. Information Sources: State Personnel Department, Staffing Data Table. Fiscal Analyst: Camille Tesch, 317-232-5293. HB 1588 3