Administrative Agency Health Nonprofits

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OIG Approves Gift Cards to Encourage Clinical Visits to Health Center

In Advisory Opinion 12-21, the OIG concluded that a Federally qualified health center’s offer of grocery store gift cards to capitated managed care patients would not constitute grounds for the imposition of sanctions under...more

HHS OIG agrees to not challenge certain per diem coverage charge payments to specialist providers providing services to non-profit...

On October 30, 2012, the Office of Inspector General, Department of Health and Human Services ("OIG") posted an Advisory Opinion stating it would not challenge an arrangement in which a non-profit hospital pays per diem...more

IRS Targeting 3,377 Hospitals for Community Benefit Review

At a recent conference of the American Health Lawyers Association, IRS official Garrett Gluth confirmed that his agency will review the community benefit activities of 3,377 tax-exempt hospitals to determine whether they meet...more

Tax-Exempt Hospitals to Undergo Community Benefit Review

While speaking at an American Health Lawyers Association conference on October 16, 2012, an Internal Revenue Service (IRS) official confirmed that the IRS has identified 3,377 tax-exempt hospitals whose community benefit...more

After Years of Judicial and Legislative Uncertainty Hospitals Receive Their Own Property Tax Exemption Under New Law

For the past eight years we have been reporting to you on the controversy surrounding the determination of property tax exemptions for Illinois not-for-profit hospitals. The issue reached the Illinois Supreme Court in April...more

IRS Issues Proposed Regulations for Charitable Hospitals Regarding Section 501(r) Financial Assistance and Other Requirements

On June 26, 2012, the Internal Revenue Service (IRS) published in the Federal Register proposed regulations and a detailed preamble regarding the Internal Revenue Code (IRC) Section 501(r) requirements for charitable hospital...more

IRS Issues Proposed Regulations for Charitable Hospitals to Meet New Section 501(r) Requirements

The Patient Protection and Affordable Care Act of 2010, as amended ("ACA") added new section 501(r) to the Internal Revenue Code ("Code") which imposes additional requirements on hospital organizations in order to be exempt...more

IRS Releases Proposed Regulations on Requirements for Tax-Exempt Hospitals

On June 22, only days before the Supreme Court is expected to rule on the constitutionality of the Patient Protection and Affordable Care Act (“PPACA”), the Treasury Department released proposed regulations under Internal...more

New Proposed Regulations on Federal Income Tax Exemption for Hospitals

As we have previously reported, the 2010 Health Care Reform Act imposed new, specific requirements for hospitals to maintain their Section 501(c)(3) tax-exempt status. ...more

Proposed Regulations Limit Executive Compensation and Administrative Costs of New York State-funded Entities

On May 30, 2012, the public comment period began for proposed regulations issued by thirteen New York State agencies (including the Department of Health, the Office of Mental Health, and the Office of Children and Family...more

HEALTH REFORM: Patient-Centered Outcomes Research Institute Begins Process to Fund Clinical Effectiveness Research Grants

On May 22, 2012, the Patient-Centered Outcomes Research Institute ("PCORI a private nonprofit entity established by the Patient Protection and Affordable Care Act of 2010, announced that it will be seeking applications to...more

Property Tax Exemption Bill - Illinois Hospitals

Illinois General Assembly Passed New Hospital Property Tax Exemption

SB 2194, the “Medicaid reform” bill, has passed both houses of the General Assembly on May 29, 2012. Included in a 182 page bill was the charity care legislation that will allow hospitals to apply a much broader...more

Illinois Hospital Charity Care Legislation

General Assembly Passes Charity Care Bill

SB 2194, the “Medicaid reform” bill, has passed both houses of the General Assembly on May 29, 2012. Included in a 182 page bill was the charity care legislation that will allow hospitals to apply a much broader...more

New York Legislature Rejects Proposal to Grant Health Commissioner Authority to Appoint Board Members and Operators of...

Earlier this year, Governor Andrew Cuomo proposed changes to the New York Public Health Law which would have given the Commissioner of the Department of Health the power to remove managers of hospitals, diagnostic and...more

Providers Should Be Alert to New CMS Provider Enrollment Revalidation Processes

Under new Patient Protection and Affordable Care Act requirements, providers enrolled in Medicare prior to March 25, 2011, must submit complete enrollment revalidation information within 60 days of a CMS request, or risk...more

Massachusetts Legislative Committee Approves Legislation Expanding Regulatory Oversight of Healthcare Organizations

Legislation under consideration in Massachusetts would increase the regulatory oversight of hospitals, other healthcare providers and healthcare insurers. On Tuesday, March 20, 2012, the Massachusetts Joint Committee on...more

Feds Seeking Public Comments on Religious Objections to Contraceptive Coverage

Last week HHS, DOL and Treasury issued an advanced notice of proposed rule-making seeking public comments on how best to accommodate the objections raised by religious organizations to mandated contraceptive coverage. HHS has...more

OIG Approves Wholly Owned Subsidiary GPO Arrangement

In Advisory Opinion 12-01, the Office of Inspector General for the Department of Health and Human Services (OIG) analyzed a proposal from a nonprofit health system (the “System”) to form a group purchasing organization (the...more

IRS Releases New Form 990

The IRS has released the final Form 990 for 2011, the return filed by tax-exempt organizations, which includes some significant changes regarding reporting of investment partnership assets and foreign...more

New York Caps State Funding for Executive Compensation & Administrative Expenses of Service Providers

In order to "prevent public funds from being diverted to excessive compensation and unnecessary administrative costs," New York Governor Andrew M. Cuomo executed an executive order on January 18, 2012 ("Executive Order"),...more

HHS Gives Non-Profit Employers with Religious Objections An Additional Year to Cover Birth Control

Last August HHS revised the definition of preventative care that non-grandfathered plans must cover without cost-sharing to include all FDA approved forms of birth control. The new definition is effective for plan years that...more

IRS Reminds Hospital Organizations of 2011 Filing Requirements and Requests Additional Public Input

The Internal Revenue Service (IRS) has released a draft version of the 2011 Form 990, Schedule H, Hospitals and its instructions. The IRS revised Schedule H to add Part V, Section B for tax year 2010 to gather information on...more

Revisiting the Medicare Shared Savings Program: An Interagency Effort to Promote Accountable Care

On October 20, 2011, the Centers for Medicare & Medicaid Services (“CMS”) released its final rule (“Final Rule”) implementing the voluntary Medicare Shared Savings Program (“Program”)1 for accountable care organizations...more

ACO Update: Shared Savings among ACO Participants Protected Under IRS

This is part of Ober|Kaler's comprehensive overview of federal agencies' implementation of the Accountable Care Act's ACO and Shared Savings Program provisions: CMS Proposed ACO Implementing Regulations; Antitrust; Fraud and...more

ACO Update: CMS Proposal Provides Framework for ACO and Shared Savings Program Rules

This is part of Ober|Kaler's comprehensive overview of federal agencies' implementation of the Accountable Care Act's ACO and Shared Savings Program provisions: CMS Proposed ACO Implementing Regulations; Antitrust; Fraud and...more

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