On June 9, 2011, the IRS issued Announcement 2011-37 which advises that tax-exempt organizations operating one or more hospital facilities will not be required to complete Part V, Section B, of Schedule H of the 2010 Form 990 (“Part V.B”). Rather, Part V.B is optional for the 2010 tax year.

Background. Part V.B relates to new requirements enacted as part of the March 23, 2010 Patient Protection and Affordable Care Act (“PPACA”). Specifically, PPACA implemented requirements that all hospitals requesting to receive or desiring to maintain their federal tax-exempt status must: (1) develop a written financial assistance policy; (2) develop a written emergency medical care policy; (3) refrain from certain billing and collection practices; (4) place certain limitations on charges to patients eligible for financial assistance; and (5) conduct a community health needs assessment and address the identified needs. In conjunction with the new PPACA requirements, the IRS added Part V.B to Form 990 Schedule H, and, beginning with the 2010 tax year, tax-exempt hospitals generally were to report compliance with the PPACA requirements by completing Part V.B.

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