New York Legislature Rejects Proposal to Grant Health Commissioner Authority to Appoint Board Members and Operators of... by Proskauer - Not for Profit/Exempt... on 5/17/2012 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
IRS to Focus on Housing Counseling Agencies by Venable LLP on 5/16/2012 Earlier this year, the Internal Revenue Service’s (“IRS”) Exempt Organizations (“EO”) division unveiled its annual work plan. The plan highlights EO’s priorities for the year and is the best indicator of what the staff will...more
Marketing for a Good Cause? A Great Idea but Watch Out for Regulations by Sheehan Phinney Bass + Green PA on 5/11/2012 A cause marketing venture (also known as a "charitable sales promotion" or "commercial co-venture") is generally defined as a sales campaign in which part of the consumer's purchase of a product or service from a business -...more
Proposed Regulations Offer New Examples of Program-Related Investments by Morgan Lewis on 5/11/2012 New examples describe additional charitable purposes and investment structures for PRIs. The Internal Revenue Service (IRS) and the Treasury Department have issued long-awaited proposed Treasury Regulations providing...more
The Top Ten Things You Need to Know about the New District of Columbia Nonprofit Corporation Act by Venable LLP on 5/10/2012 On January 1, 2012, the District of Columbia Nonprofit Corporation Act of 2010 (the “New Act”) went into effect. As a general rule, the New Act provides D.C. nonprofit corporations with considerable flexibility to structure...more
New Markets Tax Credit Eligibility Data Released by Pierce Atwood LLP on 5/8/2012 The new markets tax credit program has helped to finance thousands of worthwhile projects in so-called “low-income communities” over the last eleven years. For the first time in a decade, which communities qualify as a...more
DMCA Safe Harbors De-Coded: 17 U.S.C. Section 512 Re-Organized in More Logical Order by Fenwick & West LLP on 5/8/2012 Organizationally speaking, the Safe Harbors part of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, doesn’t make much sense. Provisions governing related matters are often scattered through the section, and...more
Pennsylvania Supreme Court Confirms Supremacy of HUP Test for Determining Real Estate Tax Exemptions by Reed Smith on 5/7/2012 On April 25, 2012, the Pennsylvania Supreme Court issued a potentially explosive decision to 501(c) corporations in Mesivtah Eitz Chaim of Bobov, Inc. v. Pike County Board of Assessment Appeals; No. 16 MAP 2011. At issue was...more
Providers Should Be Alert to New CMS Provider Enrollment Revalidation Processes by McDermott Will & Emery on 4/26/2012 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
United States Takes First Step in Liberalizing Sanctions on Burma by Pillsbury Winthrop Shaw Pittman LLP on 4/25/2012 On April 17, 2012, the Department of the Treasury's Office of Foreign Assets Control (OFAC) released new General License 14-C, which authorizes financial transactions under specified circumstances in support of humanitarian,...more
Bribery Risks and Charitable Giving by Michael Volkov on 4/19/2012 The FCPA paparazzi has a standard list of anti-corruption risks: government interactions, third-party due diligence, gifts and entertainment, and mergers and acquisitions/joint ventures. Notice that charitable giving is not...more
Housing Counseling Agencies: Tips to Avoid Government Scrutiny by Venable LLP on 4/18/2012 The recent announcements of government funding for housing counseling is welcome news to agencies that are struggling to help homeowners. In mid-March 2012, the U.S. Department of Housing and Urban Development ("HUD") and...more
The New Canada Not-For-Profit Corporations Act Finally Comes Into Force! by Heenan Blaikie LLP on 4/16/2012 April 2012 — Since the early 1970s, no less than seven bills were introduced in Parliament and died on the Order Paper. The new Canada Not-for-profit Corporations Act (S.C. 2009, c. 23) (the “New Act”) was assented to June...more
"Volunteers" And Non-Profits: Round Two by Fisher & Phillips LLP on 4/13/2012 A few readers were surprised by our April 3 post's caution that, in some scenarios, a volunteer performing work for a federal Fair Labor Standards Act-covered non-profit organization might be an "employee" subject to that...more
Washington State Passes Legislation Authorizing Social Purpose Corporations: Bill to Permit Corporations to Seek Social,... by K&L Gates LLP on 4/13/2012 Washington Governor Christine Gregoire signed into law SHB 2239, a bill amending the Washington Business Corporation Act (“WBCA”) to authorize the use of social purpose corporations, effective June 7, 2012. Washington follows...more