West Virginia Code § 11-27-4

Imposition of tax on ambulatory surgical centers
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(a) Imposition of tax. -- For the privilege of engaging or continuing within this state in the
business of providing ambulatory surgical center 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 one
and three-fourths percent of the gross receipts derived by the taxpayer from furnishing
ambulatory surgical center 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 ambulaatory surgical center services
furnished by the provider, including retroactive adjustments under reimbursement
agreements with third-party payors, without any delduction for any expenses of any kind:
Provided, That accrual basis providers shall bse 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 baid debts was previously included in gross receipts
upon which the tax imposed by this gsection 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) "Ambulatory surgical center services" means those services of an ambulatory surgical
center as defined in Section 1832(a)(2)(F)(1) 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.

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