Not-For-Profit Hospital Status Under Heightened Government Scrutiny
Latest Strategies for Protecting Tax-Exempt Status
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Wednesday, May 19, 2010
Recorded event now available
This CLE webinar will provide guidance to counsel for not-for-profit (NFP) hospitals on the proactive measures necessary to protect the hospital's tax-exempt status, in light of the recent Provena Covenant ruling and other federal and state initiatives targeting NFP hospitals.
Description
Not-for-profit hospitals (NFPs) have operated under heightened scrutiny for the past several years amid allegations of unfair billing and collection practices, failure to provide charity care and participation in for-profit schemes.
Lawsuits in federal and state courts accuse NFPs of failing to meet their tax-exempt obligations under 501(c)(3) and state law. Additionally, NFPs face investigations by state attorneys general, initiatives by state legislatures, and challenges to property tax exemptions.
In March, the Illinois Supreme Court upheld the loss of Provena Covenant hospital’s tax-exempt status, finding that it served too few charity care patients. Hospitals must closely analyze this decision and review whether their level of charity care is sufficient to maintain tax exempt status.
Listen as our authoritative panel discusses how hospitals can protect their tax-exempt status amid increased IRS and state scrutiny.
Outline
- New federal law requirements after Patient Protection and Affordable Care Act (PPACA)
- New IRC § 501(r) requirements to maintain tax exempt status
- Role of nonprofit health care under PPACA (new disclosure requirements, studies, reports to Congress)
- The Illinois Supreme Court decision in Provena Covenant
- What the opinion says and doesn't say; where the law is now
- Can plurality opinion be exported?
- Putting Provena in context (How we got from 2002 to today)
- How hospitals should react to new federal law requirements and Provena
Benefits
The panel will review these and other key questions:
- What is the impact of the attacks on NFPs and new requirements for hospitals whose tax-exempt status results in substantial financial benefits every year?
- How can NFPs balance the requirements to maintain tax-exempt status while managing the rising costs of charity care?
- What steps should hospitals take to comply with state and federal law requirements for NFPs and avoid government penalties or civil liability?
- What are the additional requirements imposed on NFP hospitals by the new healthcare reform law?
Faculty
Patrick S. Coffey,
Partner
Locke Lord Bissell & Liddell, Chicago
He is an experienced trial lawyer and corporate counselor. His practice concentrates on the representation of corporate and individual clients in complex business litigation, internal investigations, regulatory and government enforcement proceedings, and white collar criminal defense matters. He represented Provena Covenant Medical Center in the recent case regarding its tax-exempt status.
James R. King,
Partner
Jones Day, Columbus, Ohio
He advises tax-exempt healthcare organizations and other tax-exempt and nonprofit organizations regarding tax, transactional, regulatory, and corporate governance matters. He has substantial experience representing clients in federal and state tax controversy matters, including IRS team examinations of hospitals and health systems, and state challenges to real estate and other tax exemptions.
T. J. Sullivan,
Partner
Drinker Biddle & Reath, Washington, D.C.
He is a healthcare transactional and tax partner with more than 20 years experience advising tax-exempt organizations on complex regulatory and business issues. Until 1996, he was Special Assistant (healthcare) to the IRS Assistant Commissioner (employee plans and exempt organizations). At the IRS, he specialized in matters involving the tax treatment of hospitals and HMOs.
Ordering
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Customer Reviews
The webinar was clearly presented and organized. It was a good mixture of the law and practice.
David N. Crapo
Gibbons P.C.
The seminar provided good practical examples and advice plus good Q&A.
Don Weinbren
Trenam Kemker
The program included very informative information on an important subject.
Jamie L. Webb
Baker Manock & Jensen PC
I liked the topic and the tools provided in the handouts.
Mildred Johnson
Texas Tech University Health Sciences Center
Content was superb.
Patrick Webb
Webb & Carey
Health Law Advisory Board
Partner
Arent Fox
Partner
Faegre Baker Daniels
Member
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo
Partner
Rivkin Radler
Principal
Ober Kaler
Partner
Garfunkel Wild & Travis
Partner
McDermott Will & Emery
Donald H. Romano
Of Counsel
Foley & Lardner
Partner
Foley & Lardner
Shareholder
Cozen O’Connor
Partner
Drinker Biddle & Reath
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