2006 New Mexico Statutes - Section 7-2-35 — Deduction; unreimbursed or uncompensated medical care expenses — (Contingent effective date - See notes following section.)

7-2-35. Deduction; unreimbursed or uncompensated medical care expenses. (Contingent effective date - See notes following section.)

A.     A taxpayer may claim a deduction from net income in an amount determined pursuant to Subsection B of this section for medical care expenses paid during the taxable year for medical care of the taxpayer, the taxpayer's spouse or a dependent if the expenses are not reimbursed or compensated for by insurance or otherwise and have not been included in the taxpayer's itemized deductions, as defined in Section 63 of the Internal Revenue Code, for the taxable year.   

B.     The deduction provided in Subsection A of this section may be claimed in an amount equal to the following percentage of medical care expenses paid during the taxable year based on the taxpayer's filing status and adjusted gross income as follows:

(1)     for surviving spouses and married individuals filing joint returns:

    If adjusted gross income is The following percent 
of medical care 
expenses paid may be 
deducted:    Not over $30,000 25 percent  More than $30,000 but not more than $70,000 15 percent   Over $70,000 10 percent;   

(2)     for single individuals and married individuals filing separate returns:

    If adjusted gross income is:  The following percent
of medical care 
expenses paid may be 
deducted:  Not over $15,000 25 percent  More than $15,000 but not more than $35,000 15 percent  Over $35,000 10 percent; and   

(3)     for heads of household:

    If adjusted gross income is: The following percent 
of medical care 
expenses paid may be 
deducted:  Not over $20,000 25 percent  More than $20,000 but not more than $50,000 15 percent   Over $50,000 10 percent.    

C.     As used in this section:   

(1)     "dependent" means dependent as defined in Section 152 of the Internal Revenue Code;   

(2)     "health care facility" means a hospital, outpatient facility, diagnostic and treatment center, rehabilitation center, free-standing hospice or other similar facility at which medical care is provided;   

(3)     "medical care" means the diagnosis, cure, mitigation, treatment or prevention of disease or for the purpose of affecting any structure or function of the body;   

(4)     "medical care expenses" means amounts paid for:   

(a)     the diagnosis, cure, mitigation, treatment or prevention of disease or for the purpose of affecting any structure or function of the body, excluding cosmetic surgery, if provided by a physician or in a health care facility;   

(b)     prescribed drugs or insulin;   

(c)     qualified long-term care services as defined in Section 7702B(c) of the Internal Revenue Code;   

(d)     insurance covering medical care, including amounts paid as premiums under part B of Title XVIII of the Social Security Act or for a qualified long-term care insurance contract defined in Section 7702B(b) of the Internal Revenue Code, if the insurance or other amount is paid from income included in the taxpayer's adjusted gross income for the taxable year;   

(e)     nursing services, regardless of where the services are rendered, if provided by a practical nurse or a professional nurse licensed to practice in the state pursuant to the Nursing Practice Act [Chapter 61, Article 3 NMSA 1978];   

(f)     specialized treatment or the use of special therapeutic devices if the treatment or device is prescribed by a physician and the patient can show that the expense was incurred primarily for the prevention or alleviation of a physical or mental defect or illness; and   

(g)     care in an institution other than a hospital, such as a sanitarium or rest home, if the principal reason for the presence of the person in the institution is to receive the medical care available; provided that if the meals and lodging are furnished as a necessary part of such care, the cost of the meals and lodging are "medical care expenses";   

(5)     "physician" means a medical doctor, osteopathic physician, dentist, podiatrist, chiropractic physician or psychologist licensed or certified to practice in New Mexico; and   

(6)     "prescribed drug" means a drug or biological that requires a prescription of a physician for its use by an individual.