Tax-Exempt Issues in Health Care

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