News & Analysis as of

Non-Profits

Third Circuit: False Claims Act Liability Premised on an Anti-Kickback Statute Violation Requires Proof that at Least One Federal...

by Dorsey & Whitney LLP on

Federal scrutiny of charities that assist patients with accessing prescription drugs has increased with rising prescription drug prices. Some prescription drug charities receive funding from medical providers or drug...more

Religious Institutions Update: January 2018 - Lex Est Sanctio Sancta

by Holland & Knight LLP on

Timely Topics - By Shannon B. Hartsfield - The U.S. Department of Health and Human Services (HHS) announced on Jan. 18, 2018, the creation of a new division within its Office for Civil Rights (OCR). OCR is described...more

Key Portion Of NYC’s Fair Workweek Law Put On Pause

by Fisher Phillips on

One of the key provisions of New York City’s Fair Workweek Law was just put on hold while a federal judge sorts out a constitutional challenge brought by two restaurant advocacy organizations. The “Deductions Law” portion of...more

2018 Legislative Session –A Sampling of Health Related Bills Filed

The 2018 Florida Legislative Session began its 60 day trek to completion on Tuesday, January 9, 2018. Both House and Senate will be debating various health related bills which may be of interest to healthcare providers in...more

OIG Issues Letter Declining to Impose Administrative Sanctions for Provision of Certain Free Drugs

by Holland & Knight LLP on

On Jan. 4, 2018, the HHS Office of Inspector General (OIG) issued an open letter containing guidance regarding the provision of certain free drugs to federal healthcare program beneficiaries. Specifically, the OIG stated that...more

California Court of Appeal Affirms Case-Ending Sanction in CEQA Lawsuit - Decision Signals Re-Examination of Standing Requirements...

by Holland & Knight LLP on

• In Creed-21 v. City of Wildomar et al., the California Court of Appeal, Fourth Appellate District, upheld a lower court's dismissal of a California Environmental Quality Act (CEQA) case filed by a plaintiff's attorney who...more

New Year, Same Accommodations…Employer Forced to Shell Out Millions for Failure to Accommodate Employee on Disability Leave

Accommodate - verb, to make suitable or consistent; adapt - This simple word, or the lack thereof, is costing a California non-profit, the Asian American Drug Abuse Program, Inc. (AADAP), a lot more than a broken New...more

Interest Rate Increase Coming for Many Tax-Exempt Borrowers

by Holland & Knight LLP on

Many states, local governments and conduit borrowers (e.g., 501(c)(3) not-for-profit corporations) have directly placed tax-exempt loans (secured by the issuance of notes or bonds) with lenders, such as banks and their...more

Tax Reform Could Cost Tax Exempt Entities

by Poyner Spruill LLP on

Under the recently enacted tax reform act (Tax Cuts and Jobs Act), tax-exempt organizations may be required to pay a 21 percent excise tax on certain compensation and certain separation pay. The new excise tax applies...more

DOL Gives Credit to Unpaid Student Interns After Getting Schooled by the Courts

Over the last few years, several federal courts—and, most recently last month, another appellate court—rejected the Obama administration’s mandatory six-prong test for whether someone can properly be classified as an unpaid...more

The New Tax Reform Law: Highlights of Provisions Affecting Health Care and Nonprofits

by Epstein Becker & Green on

On December 22, 2017, President Trump signed into law tax reform legislation (the “Act”), which contains many substantial changes to the Internal Revenue Code (the “Code”). This Client Alert provides a brief description of...more

The Impact of the Tax Cuts and Jobs Act on LIHTC Investments

The Tax Cuts and Jobs Act contains changes impacting the LIHTC Program. While the low-income housing tax credit program emerged largely unscathed, the reduction in corporate tax rates will reduce equity pricing. ...more

New Tax Law Brings Penalties for Top Paid Non-Profit Executives

The “intermediate sanctions” rules under Section 4958 of the Internal Revenue Code have long governed the payment of compensation to executives of public charities. While these rules are highly prescriptive, if followed, they...more

Protect Yourself From Year-End Charitable Giving Scams

December is traditionally a busy month for charitable giving, as many donors are inspired by the holiday season to give generously to those in need, while others look to make year-end gifts that will qualify for a tax...more

Comprehensive Tax Reform in Place as Congress Passes the Tax Cuts and Jobs Act

by Nutter McClennen & Fish LLP on

On December 20, 2017, Congress passed the most extensive package of reforms to the United States income tax system since the overhaul of the tax code in 1986. Enacting tax reform has been a key priority of the Trump...more

Tax Reform and Nonprofits: The Law Formerly Known as the Tax Cuts and Jobs Act

by Morgan Lewis on

On December 22, 2017, US President Donald Trump signed H.R. 1, enacting fundamental changes to the US tax law that affect all sectors of the economy, including nonprofits. Earlier this week, the US House of...more

EO Update: e-News for Charities & Nonprofits

by Bryan Cave on

Employers face a January 31, 2018, due date for filing 2017 Forms W-2 and W-3 with the Social Security Administration. This date applies to both electronic and paper filers....more

Provisions of the Final Tax Reform Bill Affecting Nonprofit Tax-Exempt Organizations

On December 20, 2017, the Senate and House of Representatives passed H.R. 1, known as the “Tax Cuts and Jobs Act” (“Tax Reform Bill”). President Trump is expected to sign the Tax Reform Bill by early January. The Tax Reform...more

New California Laws for Nonprofit Health Care: What Facilities Need to Know

by Polsinelli on

Nonprofit health care facilities should evaluate what upcoming California law changes mean for their businesses. The new laws, which impact required notices and approvals from the state Attorney General’s office, take effect...more

Calling Toll-Free: Special Rules for Nonprofits Offer Safe Harbor from TCPA Liability

A company making calls to residential telephone numbers was not liable for alleged violations of the Telephone Consumer Protection Act (TCPA) where the calls were made on behalf of a nonprofit, according to a recent decision...more

Nonprofits Can Avoid Overtime Requirements If They Avoid 'Enterprise' Status

Last year’s proposal to increase the minimum salary to qualify for exemption from federal overtime requirements hit nonprofit employers particularly hard. While the new salary levels never went into effect, many nonprofits...more

Alleging and Proving Standing to Challenge Rezoning

by Womble Bond Dickinson on

In the recently-decided Cherry Community Organization v. City of Charlotte, the North Carolina Court of Appeals determines that standing to bring a declaratory judgment action challenging a rezoning requires both allegations...more

The Climate Report - Fall 2017

by Jones Day on

US. REGULATORY AND LITIGATION DEVELOPMENTS - EPA PROPOSES TO RESCIND CLEAN POWER PLAN - What EPA Did - In a decision expected and promised since the election of President Donald Trump, the United States...more

Members of the Berkshire Museum Appeal Ruling on Planned Sale of Critical Pieces of its Collection

by Sullivan & Worcester on

Sullivan & Worcester LLP has filed an appeal on behalf of its clients, the members of the Berkshire Museum who sued to enjoin the museum’s sale of 40 works of art and sculpture. The appeal is brought as a result of the...more

The Fight for 15: Montgomery County, Maryland, Raises the Bar

Montgomery County, Maryland, has approved Bill 28-17, which increases the countywide minimum wage from $11.50 to $15.00. The nine-member Montgomery County Council voted unanimously in support of the bill on November 7, 2017,...more

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