July 22, 2010 is the deadline for non-profit hospital organizations and other concerned persons to share comments with the Internal Revenue Service (IRS) on the proper construction and application of additional requirements imposed under new Internal Revenue Code (Code) § 501(r)(1) requires that “hospital organizations” meet to qualify as tax-exempt charitable entities. The new Code § 501(r)(1) requirements were added to the Code by section 9007(a) of the Patient Protection and Affordable Care Act (Affordable Care Act) enacted March 23, 2010, Pub. L. No. 111-148 as part of its sweeping health care reforms. The Affordable Care Act also added new Code § 4959, which imposes an excise tax for failures to meet certain of the new Code § 501(r) requirements, and added reporting requirements under Code § 6033(b) related to sections 501(r) and 4959.
The added requirements of Code § 501(r) generally will apply on a facility-by-facility basis to: (1) an organization that operates a facility required by a State to be licensed, registered, or similarly recognized as a hospital; and (2) any other organization that the Secretary determines has the provision of hospital care as its principal function or purpose constituting the basis for its exemption under section 501(c)(3).
The IRS today (May 27, 2010) released an advanced copy of a request for comments on the application of certain of these requirements scheduled for publication as Notice 2010-39 in IRB 2010-24 on June 14, 2010.
For Assistance With Health Industry Concerns
If your organization needs advice or assistance analyzing or responding to the requirements of Code § 501 or other provisions of the Affordable Care Act, responding to the request for commences, or with other health care matters, contact Cynthia Marcotte Stamer at (469) 767-8872 or via e-mail here.
Vice President of the North Texas Health Care Compliance Professionals Association, Exempt Organization Vice-Coordinator of the Southern States IRS TEGE Council, a Council Member of the ABA Joint Committee On Employee Benefits Council, Past Chair of the ABA Health Law Section Managed Care & Insurance Section, the former Board Compliance Chair of the National Kidney Foundation of North Texas and former Board President of the Richardson Development Center for Children (now Warren Center), Ms. Stamer has more than 22 years experience advising health industry clients about health care operations, regulatory and compliance, reimbursement, staffing, risk management, public policy and other matters. A popular lecturer and widely published author on health industry matters, Ms. Stamer advises hospitals and other health industry clients about responding to and using these and other quality measures and other related concerns. Ms. Stamer also publishes and speaks extensively on health and managed care industry quality, regulatory, reimbursement, and other operations, risk management and public policy concerns. Her insights on these and other related matters appear in the Health Care Compliance Association, Atlantic Information Service, Bureau of National Affairs, World At Work, The Wall Street Journal, Business Insurance, the Dallas Morning News, Modern Health Care, Managed Healthcare, Health Leaders, and a many other national and local publications. For additional information about Ms. Stamer, her experience, involvements, programs or publications, see here.
Other Recent Developments
If you found this information of interest, you also may be interested in reviewing some of the following recent Updates available online by clicking on the article title:
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- DEA/DOJ Release Interim Final E-Prescribing Rules
- Joint Commission Revises Medical Staff Bylaw Standard
- IRS To Allow Medical Resident FICA Refund Claims
- Stamer Speaks To Chiefs of Staff About JCAHO Physician Performance Evaluation Requirements
- HIPAA Heats Up: HITECH Act Changes Take Effect & OCR Begins Posting Names, Other Details Of Unsecured PHI Breach Reports On Website
- HHS Delays 2010 HHS Federal Poverty Rate Update To March 1, 2010
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- Maximum Penalty For Patient Protection Act Confidentiality Breaches To Rise To $11,000
- OIG Special Fraud Alert Targets DME Telemarketing
- Federal HEAT & Other Federal Health Care Fraud Efforts Score More Than 15 Successes As OIG Claims $20.97 Billion Saved From Enforcement Activities In December
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For More Information
We hope that this information is useful to you. If you need assistance evaluating or responding to the Health Care Reform Law or health care compliance, risk management, transactional, operational, reimbursement, or public policy concerns, please contact the author of this update, Cynthia Marcotte Stamer, at (469) 767-8872, cstamer@Solutionslawyer.net.
Vice President of the North Texas Health Care Compliance Professionals Association, Past Chair of the ABA Health Law Section Managed Care & Insurance Section and the former Board Compliance Chair of the National Kidney Foundation of North Texas, Ms. Stamer has more than 22 years experience advising health industry clients about these and other matters. A popular lecturer and widely published author on health industry and human resources matters, Ms. Stamer continuously advises health industry clients about these and other related concerns. Ms. Stamer also publishes and speaks extensively on health and managed care industry regulatory, staffing and human resources, compensation and benefits, and other operations and risk management concerns. Her insights on these and other related matters appear in the Health Care Compliance Association, Atlantic Information Service, Bureau of National Affairs, World At Work, The Wall Street Journal, Business Insurance, the Dallas Morning News, Modern Health Care, Managed Healthcare, Health Leaders, and a many other national and local publications. For additional information about Ms. Stamer, her experience, involvements, programs or publications, see here.
You can review other recent health care and internal controls resources and additional information about the health industry and other experience of Ms. Stamer here. If you or someone else you know would like to receive future updates about developments on these and other concerns, please be sure that we have your current contact information – including your preferred e-mail – by creating or updating your profile at here or e-mailing this information here. To unsubscribe, e-mail here.
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