Tax Deductibility*

Residents and family members often ask whether payments made to Orchard are tax deductible as a medical expense. In most cases, the answer is yes, a large portion can be deducted. According to the 1996 Health Insurance Portability and Accountability Act (HIPAA), for tax years starting in 1997, “qualified long-term care services” are deductible from gross income as an itemized deduction. When added to any other unreimbursed medical expenses for the year, the total amount that exceeds 7.5% of adjusted gross income can be deducted. In order to qualify, the individual must:

  • be “chronically ill,” that is, someone who is unable to perform without substantial assistance, at least two activities of daily living (ADLs) for at least 90 consecutive days due to a loss of functional capacity;
  • or not in need of assistance with ADLs but may require substantial supervision to protect themselves from threats to health and safety due to severe cognitive impairment; and
  • have a plan of care that is prescribed by a licensed health care practitioner.

Since Orchard utilizes a licensed health care practitioner (our registered nurse) to prepare a plan of care in conjunction with the resident, his or her family, and his or her physician, as long as the resident has an ADL deficiency or cognitive impairment, it would appear that the entire monthly cost may be deductible.

* Rates are per person and do not include charges for telephone, cable TV, and internet service, or for any service provided by third parties such as beauty/barber, therapy and physician services among others. Rates subject to change without notice.

* This information should not be treated as tax advice. Please consult your tax advisor before making decisions about the tax deductibility of supportive living.

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