This is the fourth edition of The Law of Tax-Exempt Healthcare Organizations. The
first edition was published in 1995 and featured a mere 680 pages. In this
edition, we will be approaching twice that content. This seems a good opportunity
to pause and reflect on what has transpired in the nonprofit healthcare
sector over these past 17 years.
In our original edition, tax-exempt healthcare organizations and the IRS
were focused on joint ventures with taxable entities; the creation of integrated
delivery systems; the proper tax status for managed care organizations; and the
appropriateness of providing benefits for the recruitment and retention of
physicians. It is telling that the chapters describing these scenarios were among
the least in need of revision for this edition.
At present, there are newdevelopments occupying the attention of healthcare
organizations and the IRS. These include health reform; the governance of
healthcare organizations; the compensation of executives; the continued refinement
of Form 990; and a host of new acronyms for their shared alphabet soup,
including ACOs (accountable care organizations), RHIOs (regional health information
organizations), andQNHIIs (qualified nonprofit health insurance issuers).
Certainly the most dramatic development in the field of healthcare in 2012
was the U.S. Supreme Court’s decision in National Federation of Independent
Business v. Sebelius upholding most of the Affordable Care Act as constitutional.
The Affordable Care Act has done much to impact the law of tax-exempt
healthcare organizations. It established new requirements for qualification as a
charitable hospital that are proactively focused on outreach, service, and billing
and collection practices. On a broader level, by providing for insurance coverage
for millions of Americans who previously had none and relied on charity,
the Affordable Care Act brought into question for some the need to continue to
provide tax exemption for nonprofit hospitals that will be providing less charity
care. The Act also calls on the Internal Revenue Service to assist in the
implementation of many of its provisions, a development sure to further drain
the already limited resources of this agency.