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Texas comptroller moves to end tax on medical records

Texas comptroller moves to end tax on medical records

Rule Changes Interactive

Proposed Rule 3.342 amendment was published in the Texas Register on Oct. 30, opening a comment period through Nov. 29

Overview

Updated Nov 3

Comptroller Don Huffines' plan to end sales tax on electronic health records was published in the Texas Register on Oct. 30. That opened a 30-day public comment period, which closes Nov. 29. The proposed rule says electronic health record systems, electronic medical record systems, patient portals and other systems used to share medical records are not taxable information services or data processing.

The tax still applies until the comptroller adopts a final rule. Huffines signed the order directing the change on Oct. 6, and his office announced the filing on Oct. 28 while urging Texans to comment. A separate proposal to stop taxing marketplace platform fees takes comments through Nov. 15, and the Texas Tribune reported on Oct. 21 that Huffines' executive orders are raising questions about his office's authority.

Why it matters

Doctors and patients keep paying the tax until a rule is adopted, which would cut a cost practices say reaches thousands a year.

Who else does this

Which states tax data processing services

A proposed Texas rule would stop taxing these record systems as data processing or information services. Tap a state to read its rule.

7 of 51 tax it as of 2026

Taxes itDoes not tax itNo state sales taxGross receipts tax on sellers

Tap a state to read its rule.

Which states tax data processing services
StateStatus, 2026NoteSource
AlaskaNo state sales taxNo state sales tax; many towns and boroughs levy their own.Alaska Dept. of Commerce, Alaska Sales Tax Information
MaineDoes not tax itOur reading: not on the taxable service list.36 M.R.S. section 1752
WisconsinDoes not tax itWisconsin Admin. Code Tax 11.71
VermontDoes not tax itOur reading: not on the taxed list.32 V.S.A. section 9771
New HampshireNo state sales taxN.H. RSA 78-D:1
WashingtonTaxes itTaxed as IT services since Oct. 1, 2025.Washington DOR, interim guidance on ESSB 5814 IT services
IdahoDoes not tax itOur reading: untaxed unless the result is printed or delivered on storage media.IDAPA 35.01.02.027
MontanaNo state sales taxMontana Dept of Revenue, Sales Tax Guidance
North DakotaDoes not tax itUnless part of a taxable unitary transaction; covers reports from the customer's own data.North Dakota Tax Commissioner, Computers Guideline
MinnesotaDoes not tax itGenerally; except a contract in the nature of a lease.Minnesota Rules 8130.9700
IllinoisDoes not tax it2024 ruling for one company: untaxed when no software passes to the customer.Illinois DOR, Private Letter Ruling ST 24-0003-PLR
MichiganDoes not tax it2019 ruling for one company lists data processing as exempt.Michigan Treasury Letter Ruling 2019-3
New YorkDoes not tax it2010 advisory opinion on one petitioner; NY does tax some information services, a separate category.New York Tax Dept, Advisory Opinion TSB-A-10(52)S
MassachusettsDoes not tax itGenerally exempt.Massachusetts DOR, 830 CMR 64H.1.3
OregonNo state sales taxOregon Dept of Revenue, Sales Tax in Oregon
NevadaDoes not tax itOur reading: services not tied to goods are untaxed; data processing is not named.Nevada Department of Taxation, Sales Tax FAQs
WyomingDoes not tax itOur reading: Wyoming taxes listed services; data processing is not listed.Wyoming DOR, presentation to the Joint Revenue Committee, Aug. 2025
South DakotaTaxes itSouth Dakota DOR, Direct Mail tax fact sheet (July 2023)
IowaDoes not tax itOur reading: not on the taxed list, but storage, data access and SaaS are.Iowa Code 423.2
IndianaDoes not tax itOur reading: batch computer time is untaxed if billed apart from equipment.Indiana DOR, Sales Tax Information Bulletin #8
OhioTaxes itOnly when provided for use in business.Ohio Revised Code 5739.01
PennsylvaniaDoes not tax itEffective July 1, 1997; canned software remains taxable.61 Pa. Code 60.19, Computer software and related transactions
New JerseyDoes not tax itMarked E in the bulletin's services table.New Jersey Division of Taxation, Bulletin S&U-4 (Rev. 07/22)
ConnecticutTaxes itReduced 1% rate; general rate is 6.35%.Connecticut DRS, Form O-88 instructions (07/26)
Rhode IslandDoes not tax itOur reading: not on the list of taxed services.R.I. Gen. Laws 44-18-7.3
CaliforniaDoes not tax itGenerally; the regulation says tax applies to some related charges.California CDTFA, Regulation 1502
UtahDoes not tax itPrivate letter ruling: generally not taxable.Utah State Tax Commission, Private Letter Ruling 21-004
ColoradoDoes not tax itOur reading: services untaxed, but paid access to computers to process data is taxed.Colorado DOR, Sales Tax Guide
NebraskaDoes not tax itStated as an example in a 2008 revenue ruling.Nebraska DOR, Revenue Ruling 01-08-6
MissouriDoes not tax itOur reading: software as a service is untaxed; data processing is not named.12 CSR 10-109.050
KentuckyDoes not tax itOur reading: not on the taxed list, but hosting and data brokering are.KRS 139.200
West VirginiaDoes not tax itExempt; equipment, materials and supplies are not.West Virginia Tax Division, TSD-300
VirginiaDoes not tax itRuling cites long-standing department policy.Virginia Tax Commissioner Ruling 02-113
MarylandTaxes it3% rate since July 2025; the listed data processing item excepts payroll and financial transactions.Maryland Comptroller, Technical Bulletin No. 56
DelawareGross receipts tax on sellersHas a gross receipts tax on sellers of goods and providers of services.Delaware Division of Revenue, Step 4: Gross Receipts Taxes
ArizonaDoes not tax it2002 ruling: not taxed if billed apart from software licences.Arizona DOR, Private Taxpayer Ruling LR02-020
New MexicoGross receipts tax on sellersA gross receipts tax on sellers covers services done in the state.3.2.1.18 NMAC, Gross Receipts; Services
KansasDoes not tax itTax applies to conversion when the true object is the tangible medium.Kansas Dept of Revenue, EDU-71R sales tax guidelines
ArkansasDoes not tax itOur reading: word-processed copies and mailing jobs are exempt; data processing is not named.Arkansas Gross Receipts Tax Rule GR-10.1
TennesseeDoes not tax itState law carves out data processing; remotely accessed software is taxed.Tennessee DOR, Revenue Ruling 25-08
North CarolinaDoes not tax it2021 ruling for one company: untaxed when the customer wants the processed data.NCDOR Private Letter Ruling SUPLR 2021-0017
South CarolinaDoes not tax itExcluded by statute, as defined there.South Carolina DOR, Policy Manual Ch. 17 (Sept 2025)
District of ColumbiaTaxes it6.0 percent.DC Office of Tax and Revenue, Taxable and Non-Taxable Services
OklahomaDoes not tax itExempt under rule 710:65-19-86, as of the 2022 compilation.Oklahoma Tax Commission, OAC 710:65 (2022 compilation)
LouisianaDoes not tax itListed as an exclusion from information services.Louisiana Dept of Revenue, FAQ on information services exclusions
MississippiDoes not tax itRule says not taxable; a 2023 law also exempts software hosted out of state.Mississippi Admin. Code Title 35 (Secretary of State copy)
AlabamaDoes not tax itOur reading: the tax falls on sales of goods; the page does not name data processing.Alabama DOR, Sales Tax
GeorgiaDoes not tax it2006 rule: untaxed if billed apart from prewritten software.Ga. Comp. R. & Regs. 560-12-2-.111
HawaiiGross receipts tax on sellersOur reading: a 4% general excise tax on sellers reaches service businesses.Hawaii Revised Statutes 237-13
TexasTaxes itTwenty percent of the charge is exempt, so 80% is taxed.Texas Comptroller, Publication 96-259, Taxable Services
FloridaDoes not tax it2002 advisement: one-customer data work is not taxed.Florida DOR, Technical Assistance Advisement 02A-045

As of 2026-10-31. Read each state's law or revenue guidance on data processing as a service. Medical records not asked separately. DC counts as a state. Many states never name it: "our reading" marks those calls. Some rules are old or for one company; see each note. Sources: Texas Comptroller, Publication 96-259, Taxable Services, Ohio Revised Code 5739.01, Connecticut DRS, Form O-88 instructions (07/26), DC Office of Tax and Revenue, Taxable and Non-Taxable Services, South Dakota DOR, Direct Mail tax fact sheet (July 2023), Maryland Comptroller, Technical Bulletin No. 56 and 45 more, each cited on its row.

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Key Indicators

30
Days of public comment
Comments on the proposed Rule 3.342 amendment opened with its Oct. 30 publication and close Nov. 29, 2026.
39
Years since the data processing tax was enacted
The Texas data processing tax dates to 1987 and was applied to medical records systems decades later.
Thousands
Potential tax cost per practice
The tax could amount to thousands of dollars per physician practice annually, according to the Texas Medical Association.

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People Involved

Organizations Involved

Timeline

1987 October 2026

7 events Latest: October 30th, 2026 · 1 week ago
Tap a bar to jump to that date
  1. Proposed Rule 3.342 amendment published in Texas Register

    Latest Rulemaking

    Publication opened a 30-day public comment period on the plan to stop taxing electronic health record systems, patient portals and related medical records technology. Comments close Nov. 29.

  2. Rule 3.342 amendment filed with Secretary of State

    Rulemaking

    The proposed amendment was reported as filed with the Texas Secretary of State and scheduled for Texas Register publication on Oct. 30.

  3. Marketplace platform-fee rule published in Texas Register

    Rulemaking

    Proposed changes to Rule 3.330 delete the 2025 provision treating marketplace provider services as taxable data processing. Comments close Nov. 15. The fiscal note estimates lost state general revenue in fiscal 2027.

  4. Huffines signs executive order ending medical records tax

    Executive Order

    The order abolishes the sales tax on EHR systems, patient portals, and other healthcare technology used to maintain, access, or share medical records.

  5. Huffines orders marketplace fee rule change

    Policy Change

    Huffines' first order directed staff to propose ending the data processing tax on marketplace fees for food delivery, ride-hailing and online shopping.

  6. Texas imposes sales tax on data processing

    Legislation

    The Legislature imposed the sales tax on data processing services for a world of mainframes and data-entry workers.

Scenarios

1

Rule finalized, medical records tax officially ends

Likely Resolves by End of 2026

Discussed by: Texas Comptroller's office, Texas Medical Association

The public comment period that opened Oct. 30 with the rule's Texas Register publication closes Nov. 29. If the Comptroller's office adopts the amended Rule 3.342, the tax on EHR systems, patient portals and medical record access ends for Texas doctors and patients.

2

Rule faces legal challenge

Possible Resolves by Q2 2027

Discussed by: Tax attorneys, healthcare industry observers

A party challenges the rule change in court, arguing the Comptroller exceeded his authority by exempting services the Legislature intended to tax. The case could delay implementation or force the Legislature to clarify the law.

3

Legislature codifies the exemption

Possible Resolves by May 31, 2027

Discussed by: Texas Medical Association, healthcare policy analysts

The Texas Legislature passes a bill codifying the exemption in statute, making it permanent regardless of who holds the Comptroller's office. This would protect the change from being reversed by a future comptroller.

4

Retroactive Relief Brings Refund Claims

Possible Resolves by Jan 31, 2027

Discussed by: Holland & Knight, tax attorneys for healthcare providers

If the final rule or a legislative measure makes the exemption retroactive, healthcare providers and EHR vendors could file refund claims for past taxes paid on medical record systems. Holland & Knight has flagged retroactive relief and the treatment of ongoing audits as open questions for providers to raise in the comment period.

Historical Context

2 moments from history that rhyme with this story — and how they unfolded.

1987

Texas data processing tax (1987)

The Texas Legislature imposed the sales tax on data processing services in 1987, when data processing meant mainframes and data-entry workers. The tax was later applied to cloud-based systems that didn't exist when it was written.

Then

The tax applied to a narrow set of data processing services in the mainframe era.

Now

Decades later, the tax was stretched to cover electronic health records, patient portals, and other modern digital services, driving up healthcare costs.

Why this matters now

Shows how a tax designed for one technological era gets applied to entirely different services, and why the Comptroller's office is now reviewing its interpretation.

September 2026

Marketplace fees tax (2026)

Comptroller Don Huffines ended a hidden double tax on marketplace fees that hit Texans when they ordered food, booked a ride, or shopped online through platforms like DoorDash and Grubhub.

Then

Texans stopped paying the hidden tax on marketplace transactions.

Now

Established a pattern of the Comptroller's office reviewing and eliminating outdated tax interpretations under the Taxpayer First Project.

Why this matters now

Shows the Comptroller's office is actively reviewing how information services and data processing taxes are interpreted, with the medical records tax being the latest target.

Sources

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