Charitable Giving and Hospital Governance: Implications of a Merger or Acquisition, Aligning Healthcare Systems With Donor Requirements

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, December 13, 2022 (in 4 days)

1:00pm-2:30pm EST, 10:00am-11:30am PST

or call 1-800-926-7926
Course Materials

This CLE will guide healthcare counsel on the implications of a merger or acquisition using donations. The panel will discuss how hospitals and health systems can leverage the cy pres doctrine to ensure the obligations are met and offer best practices to align hospitals and healthcare systems with donor requirements.

Description

Many hospitals and health systems depend on charitable donations, endowments, and other gifts. However, many of these donations come with conditions. A merger or acquisition or other change in circumstances will likely impact the hospital's or health system's ability to comply with the requirements set forth with the donations. In the case of a merger or acquisition, the board should consider whether the new entity will be eligible to receive the funds.

Even without a merger or acquisition, hospitals and health systems must meet the conditions of using the donation funds consistent with the hospital's mission. Agreements on the gifts' use are typically written and include cy pres considerations, which allow the hospital to identify a purpose as close as possible to the original intent.

Hospital organizations may need to adapt their donation strategies and align the current circumstances with the donation's original intent or requirements.

Listen as our authoritative panel of healthcare attorneys addresses the implications of a merger or acquisition on the use of donations. The panel will discuss how hospitals and health systems can leverage the cy pres doctrine to ensure the obligations are met and offer best practices to align hospitals and healthcare systems with donors.

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Outline

  1. Charitable donations and the implications of mergers, acquisitions, or changes in circumstances
  2. Hospital governance
  3. Cy pres doctrine
  4. Best practices for meeting donation requirements

Benefits

The panel will review these and other key issues:

  • What impact can a merger or acquisition have on a hospital's charitable funds?
  • What happens if the intended purpose of the gift becomes obsolete?
  • How can a hospital or health system leverage the cy pres doctrine to ensure compliance with the intent of the donor's wishes?
  • What steps should healthcare counsel take to ensure compliance with the obligations of endowments and other charitable donations?

Faculty

Carmichael, Jeffrey
Jeffrey L. Carmichael

Attorney
Hall, Render, Killian, Heath & Lyman

Mr. Carmichael concentrates his practice primarily in the areas of tax, tax exemption and corporate and business...  |  Read More

Kohout, Jason
Jason J. Kohout

Partner
Foley & Lardner

Mr. Kohout is chair of the firm’s Family Offices Team and assists families and business owners in areas of tax...  |  Read More

Melvin, Kevin
Kevin B. Melvin, J.D.

Legal Counsel and Associate Chair of Gift Planning
Mayo Clinic

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 |  Read More
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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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