- 5 - (eating, toileting, transferring, bathing, dressing, and continence) for a period of at least 90 days due to a loss of functional capacity, or requires substantial supervision to protect himself from threats to health and safety due to severe cognitive impairment. Sec. 7702B(c)(2). An amount paid for qualified long-term care services that are provided by the spouse or a relative of the individual is treated as not paid for medical care for tax years beginning after December 31, 1996.3 Sec. 213(d)(11)(A). Certain amounts paid for lodging that is not lavish or extravagant while away from home and that is primarily for and essential to medical care referred to in paragraph (1)(A) shall be treated as amounts paid for medical care if the medical care is provided by a physician in a licensed hospital or a related or equivalent medical care facility and if there is no significant element of personal pleasure, recreation, or vacation in the travel away from home. Sec. 213(d)(2). The amounts taken into account shall not exceed $50 for each night for each individual. Id. An expenditure which is merely beneficial to the general health of an individual, such as an expenditure for a vacation, is not an expenditure for medical care. Sec. 1.213-1(e)(1)(ii), 3 Congress added sec. 213(d)(11) to the Health Insurance Portability Act of 1996, Pub. L. 104-191, sec. 322(b)(2)(C), 110 Stat. 2061-2062, effective for tax years beginning after Dec. 31, 1996.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011