Oklahoma 2025 Regular Session

Oklahoma House Bill HB1473 Compare Versions

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2828 STATE OF OKLAHOMA
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3030 1st Session of the 60th Legislature (2025)
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3232 HOUSE BILL 1473 By: Hildebrant
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3838 AS INTRODUCED
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4040 An Act relating to revenue and taxation; creating the
4141 Health Care Sharing Ministry Tax Parity Act;
4242 providing Legislative findings; defining terms;
4343 providing for income tax deduction; providing
4444 procedure for claiming deduction; requiring Oklahoma
4545 Tax Commission to create forms and guidelines;
4646 providing funds to be nontaxable; providing Oklahoma
4747 Tax Commission with administrative oversigh t;
4848 providing penalties for fraudulent claims; providing
4949 for severability; providing for noncodification;
5050 providing for codification; and providing an
5151 effective date.
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5656 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
5757 SECTION 1. NEW LAW A new section of law not to be
5858 codified in the Oklahoma Statutes reads as follows:
5959 This act shall be known and may be cited as the "Health Care
6060 Sharing Ministry Tax Parity Act".
6161 SECTION 2. NEW LAW A new section of law not to be
6262 codified in the Oklahoma Statutes reads as follows:
6363 The Legislature finds and declares:
6464 1. Health Care Sharing Ministries (HCSMs) play a significant
6565 role in addressing medical needs for individuals and families,
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9292 providing financial and emoti onal support outside of health
9393 insurance.
9494 2. HCSMs enable their members to share health care costs in a
9595 voluntary and community -focused manner consistent with their ethical
9696 and religious beliefs.
9797 3. Despite their critical function, HCSM contributions and
9898 payments are not currently afforded the same tax treatment as health
9999 insurance premiums under state law.
100100 4. To ensure fairness and eliminate financial discrimination,
101101 this act allows HCSM members to deduct qualifying expenses and
102102 contributions on their s tate income tax returns, achieving tax
103103 parity with health insurance plans.
104104 SECTION 3. NEW LAW A new section of law to be codified
105105 in the Oklahoma Statutes as Section 2358.111 of Title 68, unless
106106 there is created a duplication in num bering, reads as follows:
107107 A. As used in this act:
108108 1. "Health Care Sharing Mi nistry" (HCSM) means a not-for-profit
109109 organization that is tax -exempt under Section 501(c)(3) of the
110110 Internal Revenue Code and:
111111 a. limits its members to those who share a common set of
112112 ethical or religious beliefs ,
113113 b. facilitates sharing of medical expenses between
114114 members in accordance with its ethical or religious
115115 beliefs,
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142142 c. requires regular contributions from members with no
143143 assumption of risk or promise to pay for medical
144144 expenses,
145145 d. provides a quarterly report to members detailing the
146146 amount of needs shared and contributions received ,
147147 e. conducts annual independent audits that are publicly
148148 available, and
149149 f. provides a disclaimer stating that it is not an
150150 insurance company an d participation is voluntary ;
151151 2. "Qualified Health Care Sharing Expenses " means amounts paid
152152 by a qualified individual as a member of a HCSM ; and
153153 3. "Qualified Individual " means any resident of Oklahoma who
154154 has been an active member of an HCSM for at lea st one (1) month
155155 during the applicable tax year.
156156 B. 1. For tax years beginni ng on or after January 1, 2026, a
157157 qualified individual is entitled to deduct the total amount of
158158 qualified health care sharing expenses paid during the taxable year
159159 from their adjusted gross income (AGI) on their Oklahoma state
160160 income tax return.
161161 2. The deduction allowed under this section shall be applicable
162162 to:
163163 a. self-employed individuals, in the same manner as
164164 deductions for health insurance premiums ,
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191191 b. employer contribution s toward HCSM membership for
192192 employees, which shall be treated as nontaxable f ringe
193193 benefits, and
194194 c. individuals paying amounts for HCSM membership for
195195 themselves or their dependents .
196196 C. 1. To claim the deduction, a qualified individual must:
197197 a. submit documentation of membership and contributions
198198 to an HCSM, including any records issued by the
199199 ministry, and
200200 b. file any additional forms or information required by
201201 the Oklahoma Tax Commission to verify eligibility.
202202 2. The Oklahoma Tax Commission shall deve lop forms, guidelines,
203203 and procedures for the implementation of this section.
204204 D. Funds received by a qualified individual from HCSM members
205205 to assist with medical expenses shall not be considered taxable
206206 income under Oklahoma state law.
207207 E. The Oklahoma Tax Commission shall be responsible for
208208 administering the provisions of this act. The Tax Commission shall
209209 issue an annual report to the Legislature detailing the number of
210210 deductions claimed, the total fiscal impact, and any other relevant
211211 data.
212212 F. Any individual who knowingly submits false documentation to
213213 claim the deductions or exemptions under this act shall be subject
214214 to:
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241241 1. Repayment of any income tax amount attributable to
242242 improperly claimed deductions;
243243 2. A civil penalty of Five Hundred Dollars ($500.00) per
244244 offense; and
245245 3. Ineligibility to claim deductions under this act for a
246246 period of three (3) years.
247247 G. If any provision of this act is found unconstitutional or
248248 invalid by a court of competent jurisdiction, the remaining
249249 provisions shall rema in in full force and effect.
250250 SECTION 4. This act shall become effective November 1, 2025.
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252252 60-1-11358 AO 01/15/25