News & Analysis as of

Non-Profit Hospitals

Nelson Mullins Riley & Scarborough LLP

Federal Court Finds Pension Plan “Established” by Hospital Authority is Exempt from ERISA

The case involves a dispute over the sponsorship and funding obligations for a pension plan formed by a Hospital Authority in Georgia. Our...more

Seyfarth Shaw LLP

Code Red: AHA and FHA Acknowledge Industry Distortions to Emerge from the Threat to Regulate Nonprofit Hospitals Wherever Possible

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As we recently reported, in its Final Rule banning most worker non-competes, the Federal Trade Commission (“FTC”) previously warned of its intent to vigorously enforce its non-compete ban wherever possible, which may include...more

Sheppard Mullin Richter & Hampton LLP

IRS Audits & Ongoing Scrutiny of Nonprofit Hospitals – Key Background & Action Steps

The IRS is underway with conducting audits of 35 §501(c)(3) hospitals, which it announced in June 2024, with a particular focus on “community benefit.” Targeted hospitals appear to be those who reported low community benefit...more

Sheppard Mullin Richter & Hampton LLP

Notes from the Barclays 24th Annual Not-for-Profit Health Care Investors Conference 

This week in New York, many leading health systems came together for the long-running Not-For-Profit Health Care Investors Conference, now sponsored by Barclays, HFMA and the American Hospital Association. The conference...more

Moore & Van Allen PLLC

FTC Noncompete Rule's Impact On Healthcare Nonprofits

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The Federal Trade Commission recently approved a final rule prohibiting companies nationwide from enforcing new and existing noncompete agreements on anyone other than senior executives. Unless the effective date is...more

King & Spalding

Sen. Bernie Sanders Releases Report Alleging Non-Profit Hospital Systems Are Not Meeting Charity Care Requirements

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On October 10, 2023, Sen. Bernie Sanders (I-Vt.), Chairman of the Senate Health, Education, Labor, and Pensions (HELP) Committee, released a report alleging that certain non-profit hospital systems may not be providing the...more

Cozen O'Connor

Minnesota AG Puts Spotlight on Medical Billing Practices

Cozen O'Connor on

Minnesota AG Keith Ellison announced his office will take proactive measures to renew its focus on medical-billing practices in Minnesota, including holding public listening sessions and collecting online submissions...more

Maynard Nexsen

Taking the Pulse, A Health Care and Life Sciences Video Podcast | Episode 156: Erik Whaley, President, Bon Secours St. Francis...

Maynard Nexsen on

On this week’s episode, Matthew and Heather chat with Erik Whaley, President of the Bon Secours St. Francis Foundation, a charitable organization supporting the health system’s mission. Tune in to hear Erik share how he got...more

King & Spalding

Senators Issue Letter Pressing the Internal Revenue Service for More Transparency Over Nonprofit Community Hospitals

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On August 7, 2023, a bipartisan group of four United States Senators issued a letter to the Internal Revenue Service (IRS), requesting information from the IRS on how it scrutinizes tax-exempt community hospitals. The letter...more

Husch Blackwell LLP

Joining Forces: Consolidation Through Member Substitutions

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Hospices are increasingly looking to buy, consolidate, or merge to achieve administrative efficiencies and expand operations for growth. A common approach among nonprofit hospices is to combine through a member substitution....more

Saul Ewing LLP

Pennsylvania Commonwealth Court Rejects Four Nonprofit Hospital Property Tax Exemption Applications in Montgomery and Chester...

Saul Ewing LLP on

​On February 10, 2023, the Pennsylvania Commonwealth Court issued four separate but related opinions denying property tax exemptions for four hospitals that had been purchased by the Tower Health system....more

Stevens & Lee

FTC’s Proposed Non-Compete Ban: What Prior Decisions and Guidance May Reveal About the Impact on Nonprofit Healthcare Providers

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In a prior post, we discussed the FTC’s recently-issued Proposed Rule that would, if finalized in its current form, and with only limited exceptions, prohibit employers from using non-compete clauses. With respect the...more

Stevens & Lee

FTC Proposed Non-Compete Ban: Impact on Nonprofit Hospitals and Nonprofit Affiliates

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As has been extensively reported, on January 5 the Federal Trade Commission (“FTC”) proposed a rule (the “Proposed Rule”) that would, with only limited exceptions, prohibit employers from using non-compete clauses. More...more

Williams Mullen

What’s Next for Health Care Antitrust in 2023?

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In 2021, President Biden issued an Executive Order directing antitrust enforcers to make sure that health care would be an area of emphasis for antitrust enforcement, and in 2022 they did. Federal regulators brought several...more

White and Williams LLP

[Webinar] Non-Profit Healthcare Organizations: How To Keep Your Property Tax Exemption - March 23rd, 12:00 pm - 12:30 pm EST

Across the U.S., many large, non-profit health systems, hospitals, and healthcare providers pay little, if any, property taxes. The long-held property tax exemption is under attack from revenue-hungry tax authorities. Jared...more

White and Williams LLP

Non-Profit Hospital Ordered to Pay Property Taxes: A Shot Across the Bow

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A recent trial court decision could have significant, long-term consequences for the financial models of Pennsylvania non-profit healthcare providers. Ruling that three non-profit Chester County hospitals of the Reading,...more

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Enacts Legislation Imposing Annual Community Service Contributions On Nonprofit Hospitals

On February 22, 2021, New Jersey Governor Phil Murphy signed into law new legislation (A1135/S357) that clarifies and preserves the statutory property tax-exemption historically afforded to nonprofit hospitals under N.J.S.A....more

Ballard Spahr LLP

New Jersey Reinstates Property Tax Exemption for Nonprofit Hospitals

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Summary - New Jersey Gov. Phil Murphy signed into law legislation that restores property tax exemptions for nonprofit hospitals. However, the law requires New Jersey nonprofit hospitals to make a community service...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Non-Profit Hospital Real Property Potentially Exempt from County Property Taxes

Double-check the Tax Man by Double-checking your Parcel Usage - Understandably, most hospital accounts payable departments are good at paying bills that come in the mail. However, when it comes to paying any bills that...more

Knobbe Martens

Amendment to CCPA Harmonizes Data Privacy and Healthcare Information Requirements - Exemptions for de-Identified Patient...

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An amendment to the California Consumer Privacy Act (“CCPA”) was signed in September 2020. The CCPA regulates how large companies treat their customers’ personal information. However, the CCPA and healthcare information...more

Husch Blackwell LLP

Updated Guidance On FEMA Public Assistance

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In June of 2020, Husch Blackwell alerted non-profit healthcare organizations and higher education institutions of the availability of FEMA Public Assistance (PA) Program disaster relief funds pursuant to then published FEMA...more

ArentFox Schiff

Telehealth Providers May Get a Financial Boost Under the FCC’s Connected Care Pilot Program

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The FCC’s Connected Care Pilot Program is poised to defray eligible health care providers’ costs of providing certain telehealth services. On September 3, 2020, the FCC issued additional information and guidance for potential...more

Bricker Graydon LLP

IRS moves CHNA due dates to December 31, 2020

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Due to burdens placed on hospitals by the COVID-19 pandemic, the IRS provided additional relief to hospital organizations that must meet Community Health Needs Assessment (CHNA) requirements under section 501(r)(3) of the...more

Sheppard Mullin Richter & Hampton LLP

Proposed Legislation Aims to Boost Affordable Housing on Land Owned by Religious Institutions and Nonprofit Hospitals

MAY 8, 2020 – UPDATE: The final version of the New Ordinance has been signed by Mayor Gracetti and takes effect May 12, 2020. California Senate Bill (“SB”) 899, introduced in March by Senator Scott Wiener and currently in...more

Bracewell LLP

New Guidance: SBA Clarifies That Foreign Employees Must Be Counted for PPP

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The Small Business Administration has clarified through newly-issued guidance that employees of foreign affiliates must be counted when determining the size of a business for eligibility under the Paycheck Protection Program....more

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