Tax-Exempt Issues in Health Care

Ice Miller has considerable experience counseling tax-exempt organizations in the health care industry.

These organizations face increasingly complex interaction with regulators, complying with tax-exempt governance standards; structuring sophisticated tax-exempt financings, managing unrelated business income tax exposure, completing Form 990 submissions, complying with Affordable Care Act requirements including community health needs assessments and billing and collection limitations. From the routine to highly sophisticated legal needs, we respond to demands placed on tax-exempt health care organizations.

Representative Experience

Review and draft governance policies, including conflict of interest policies, executive compensation and intermediate sanctions policies, whistleblower policies, financial authority policies, document management and retention policies, electronic participation policies and expense reimbursement policies
Structure and compliance work for integrated health care systems, including requesting private letter rulings on continued tax-exempt compliance after restructurings
Legal, governance and regulatory review of compliance with Code Section 501(r), including the review and/or development of financial assistance policies, community health needs assessments and billing and collections policies
Legal, governance and regulatory review of Form 990
Structuring, tax and governance advice regarding the sale or purchase of a tax-exempt health care system, including, for example, the implications of a sale of assets to a for-profit entity
Development of planned giving vehicles, fund agreements and charitable giving programs for fundraising foundations related to health care systems
Creation and maintenance of social impact vehicles, including separate funds to provide funding for hospital innovation and/or investment in the communities in which the hospitals are located
Multi-corporate reorganization and consolidation
Compliance with state tax issues, including property and sales tax exemptions