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Health Elections & Politics Nonprofits

Read need-to-know updates, commentary, and analysis on Health issues written by leading professionals.

Proposed Tax Reform Legislation Would Increase Financing Costs for Issuers of Tax-Exempt Bonds

by Miller Canfield on

The U.S. House of Representatives has passed its Tax Cuts and Jobs Act (the “House Bill”), and while much of the national media has focused on its impact on corporate and individual tax rates and deductions, the bill also...more

Potential Impact of House Tax Reform Bill on Nonprofit Tax-Exempt Organizations

On November 2, 2017, Republicans in the U.S. House of Representatives unveiled their tax reform bill (the “Bill”), entitled the “Tax Cuts and Jobs Act.” The Bill proposes significant changes to the current U.S. federal income...more

Tax-Exempt Hospitals & Other Tax-Exempt Healthcare Organizations Not Immune from Federal Tax Reform

As federal tax reform efforts proceed rapidly in both chambers of Congress, tax-exempt hospitals and other tax-exempt healthcare organizations are facing major potential changes. New tax burdens on tax-exempt organizations...more

Congressional Tax Bills Threaten Tax-Exempt Bonds for Non-Profit Hospitals

by Miller Canfield on

As the Senate continues to work to modify the House version of a sweeping tax reform bill, non-profit hospitals face having to pay higher interest rates to borrow if certain types of tax-exempt bonds are eliminated. The...more

Senate, House Tax Reform Bills at Odds on Tax Exempt Bonds for Nonprofit Organizations, Including Health Care

by Polsinelli on

On November 9, the Senate released the Joint Committee on Taxation, Description of the Chairman’s Mark of the “Tax Cuts and Jobs Act,” which summarizes the Senate’s version of a “Tax Cuts and Jobs Act” bill (the “Senate...more

Repeal of the Affordable Care Act Will Not Include Changes to Tax Exempt Hospitals’ 501(r) Charitable Care Obligations

While the Senate Budget Committee works to draft legislation to reconcile the American Health Care Act, the repeal and replace bill passed by the House, there is no expectation of a repeal of the charitable care obligations...more

Executive Order Regarding Contraceptive Mandate Directed toward Religious Employers

by McDermott Will & Emery on

Late last week, President Donald Trump signed an executive order directing federal agencies to look into exempting religious employers from the Affordable Care Act’s (ACA) contraceptive mandate. Qualifying religious employers...more

Corporate Law & Governance Update - February 2017

by McDermott Will & Emery on

THE #1 FIDUCIARY DUTY ISSUE OF 2017 - Positioning boards to exercise heightened engagement within the current “climate of uncertainty” is possibly the most important health system governance challenge of 2017. To...more

Corporate Law & Governance Update - January 2017

by McDermott Will & Emery on

The following developments from the past month offer guidance on corporate law and governance law as they may be applied to nonprofit health care organizations: HEALTH POLICY INITIATIVES - Perhaps the most...more

Governor Christie’s Veto of Hospital Fee Bill Tees Up Additional Litigation

On January 19, 2016, New Jersey Governor Chris Christie vetoed bipartisan legislation that sought to establish hospital “community service contributions” (“CSCs”) in hopes of avoiding litigation concerning the tax burden of...more

Uncertainty Remains Surrounding the Nonprofit Hospital Tax Exemption

by Cole Schotz on

In a recent ground-breaking decision, the New Jersey Tax Court in AHS Hospital Corp., d/b/a Morristown Memorial Hospital v. Town of Morristown shattered the previous near incontestability of the tax exemption that has...more

California Medical Marijuana Regulation and Safety Act: What you need to know

by Thompson Coburn LLP on

After being the first state to legalize medical marijuana almost 20 years ago, California is implementing regulations across the industry. Commentators have focused on the effective and efficient processes called for in the...more

The Enemy of My Enemy Is My Friend

by Faegre Baker Daniels on

We don’t normally think of American Hospital Association and the Federation of American Hospitals as friends. After all, the AHA represents nonprofits, while the FAH represents for-profits. ...more

News from Second and State

Gov. Wolf continued to make headlines this week, this time with his activities in and around the judiciary. On Wednesday, the governor and newly-appointed–then-promptly-removed Open Records Director Eric Arneson had their day...more

Health Care Reform Implementation Update

by Cozen O'Connor on

Over the past several days, the second open enrollment period through the Affordable Care Act’s (ACA’s) health insurance exchanges began; Republican lawmakers, now with majorities in both the House and the Senate, explored...more

Stop the Presses!

by Buchalter on

A recent client alert warned of impending changes in the California non-profit hospital world because of a new bill giving the Attorney General’s office greater powers than ever before to approve, deny, or modify mergers...more

Rules Tax-Exempt Health Care Organizations Need to Know

by Foley & Lardner LLP on

It’s that time again – another election year. And if your organization is exempt under Section 501(c)(3) of the Code (“Exempt Organization” or “EO”), the EO cannot participate in, or intervene in, any political campaign on...more

Proposal Seeks To Make California The Artificer And Enforcer Of Caps On Executive Compensation

by Allen Matkins on

Earlier this month, Secretary of State Debra Bowen announced that the proponents of an initiative measure could begin collecting petition signatures for their measure. If this measure makes it on to the ballot and is...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

IRS Issues Liberal Ruling Regarding Exempt Organizations and Political Action Committees

Last month the IRS issued Private Letter Ruling 201127013 (the “Ruling”), which held that an organization classified as a Section 501(c)(3) public charity (the “Parent”) will not lose its Section 501(c)(3) tax-exempt status...more

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