AHLA. B. What s Up with Rev. Proc Brenda S. Horn Ice Miller LLP Indianapolis, IN. Elizabeth M. Mills Proskauer Rose LLP Chicago, IL
|
|
- Gordon Tyler
- 5 years ago
- Views:
Transcription
1 AHLA B. What s Up with Rev. Proc Brenda S. Horn Ice Miller LLP Indianapolis, IN Elizabeth M. Mills Proskauer Rose LLP Chicago, IL Tax Issues for Health Care Organizations October 19-21, 2014
2 What s Up With Rev. Proc Brenda S. Horn Ice Miller LLP Elizabeth M. Mills Proskauer Rose LLP Tax Issues for Health Care Organizations October 19-21, Do you care about Rev. Proc ? Yes, if you represent a Section 501(c)(3) organization with outstanding tax-exempt bonds Yes, if you represent a state or local government owned hospital with outstanding tax-exempt bonds (or Build America Bonds) Yes, if you represent entities which seek to enter into a service contract with any of the foregoing (You want to be able to argue with bond counsel!) 1 1
3 Why do you care about Rev. Proc ? Use of Facilities financed with tax-exempt bond proceeds (or BABS) by non-exempt entities is limited and failure to comply causes loss of tax exemption Policy Reason: This private use or non-exempt use would give a non-exempt entity (not entitled to such use) the benefits of the tax-exempt bonds (or BABS) Section 501(c)(3) organization - 5% private use limits (reduced by COI) and $15m cap - Exempt entities are Section 501c(3) organizations or state and local government entities State or local government owned hospital 10% private use limits and $15m cap Exempt entities are state and local government entities 2 Service contracts may result in private use Private use of bond financed property may result from a lease, a sale, use in an unrelated trade or business, use under a research contract, use in a joint venture or a partnership In all of the foregoing (except for the research contract), there is no way to structure the use to avoid private use. In contrast, a service contract may be structured so that it does not result in private use of the bond financed facilities of Section 501(c)(3) or state and local governmental health care providers 3 2
4 What service contracts may result in private use? Arrangements under which services are provided in bondfinanced property or use bond-financed property Unwritten arrangements as well as written contracts Examples in healthcare professional services agreements (ER, anesthesiology, radiology, pathology) medical director agreements on-call agreements teaching agreements laundry service agreements food service agreements management agreements 4 What service contracts do not result in private use? Employment agreements Agreements for services that are solely incidental to the primary function of the facility E.g., janitorial, hospital billing, office equipment repair The granting of medical staff privileges, without more Agreements with other 501(c)(3) organizations where the exempt service provider's activity is related to its exempt purposes Service contracts in which only payment is reimbursement of payments by the service provider to unrelated third parties Certain short term contracts 5 3
5 Rev. Proc Safe Harbors for service contracts Rev. Proc , as modified by Rev. Proc , sets forth the circumstances under which the IRS will ordinarily issue a ruling that a service contract does not create private use The safe harbor has become the de facto rule because they are all bond counsel and others have to go on Numerous Private Letter Rulings have been issued on this topic in the last 10 years Safe Harbor Revenue Procedures for service contracts have served as guidelines since the early 1980s, with periodic updates but no significant update since 1997, long overdue NABL and ABA have submitted comments suggesting changes 6 General Rev. Proc provisions Must fall within one of five defined combinations of term length and compensation arrangements Compensation is not based on net profits (can be based on revenue or expenses, but not both) Compensation is fair market value Generally cannot contract with non exempt related parties Frame of reference for compensation: everything that flows to the service provider as a result of the service, including patient fees, is treated as compensation 7 Except for amounts paid to unrelated parties Note: this means a contract for services can implicate even when not exclusive and the hospital makes no payment to physician 4
6 Rev. Proc Safe Harbors Method of Compensation At least 95% Fixed Fee At least 80% Fixed Fee At least 50% Fixed Fee or 100% Capitation Fee or Combination 100% Per Unit Fee or Combination Fixed Fee/Per Unit Fee (includes separate billing arrangements) % of Revenue or Expense or Combination of % and a Per Unit Fee --- Only for start-up & for services provided to 3 rd parties Maximum Contract Term Lesser of 80% of useful life of facility and 15 years Lesser of 80% of useful life of facility and 10 years Right to Terminate Contract without Penalty After: N/A N/A 5 years 3 years 3 years 2 years 2 years 1 year Long-term contracts Two of the five categories are rarely seen in health care arrangements Up to 15-year term permitted if at least 95 percent of each year's compensation is fixed Up to 10-year term permitted if at least 80 percent of each year's compensation is fixed The problem with these categories is that fixed means fixed at the time the contract is entered into (subject only to adjustment with an external index) In other words, when you sign the agreement you must know what the compensation will be in year 8, subject to e.g. CPI adjustments 9 5
7 Percentage contracts Compensation may be based on a percentage of revenues or expenses Term limit: 2 years, with exempt organization able to terminate without penalty or cause effective the end of the first year Permissible only in limited circumstances Facility start-up period Contracts under which service provider primarily provides services to third parties (e.g. radiology services to patients) but in this situation would usually prefer to characterize as per-unit contract with longer term 10 Per-unit fee Compensation is based on per-unit fee Or combination of per-unit fee and periodic fixed fee No incentive compensation allowed Patient fees billed separately by physicians are generally treated as per-unit fees Exempt organization fee approval needed? Comments suggest clarification that approval not needed Contract can have term of up to three years, terminable by exempt organization without penalty or cause effective at the end of the second year Notice requirement for two-year termination must be reasonable 11 6
8 Fifty percent fixed fee Contract can have term of up to five years, terminable by exempt organization without penalty or cause at the end of the third year Notice requirement for three-year termination must be reasonable This is really a 3-year contract At least 50 percent of each year s compensation is a fixed fee Again fixed means determinable, except for external indices, at the beginning of the contract Comments suggest permitting adjustments to a periodic fixed fee based on measurable factors that are not within the control of the service provider or the qualified user 12 Fifty percent fixed fee (Cont d) The other 50 percent can be based on revenues or expenses (but not both), as well as incentive amounts based on nonfinancial indicators For example, quality indicators? Comments suggest making clear that incentive payment can be based on non-financial indicators 13 7
9 Common arrangements that cause concerns under the Safe Harbors Hospital parent owns all the stock of a for profit physician practice entity. Hospital contracts with the practice entity to staff ER, interpret EKGs, or act as medical director. Contract may not comply with 97-13, regardless of term or compensation provisions, because it is with a non-exempt subsidiary Comments suggest eliminating this restriction 14 Common arrangements that cause concerns under the Safe Harbors Hospital enters into contract for food service with nonexempt entity, compensation is based on a monthly fixed fee and incentive payments. The incentive payment will be 5% of any revenue above a budgeted target and 5% of any cost savings below a budgeted expense target Incentive is based on both revenues and expenses, which may run afoul of net profits prohibition Comments suggest clarification that certain types of compensation that include both revenue and expense measures are not based on net profits 15 8
10 Common arrangements that cause concerns under the Safe Harbors Hospital enters into contract with nonexempt entity to manage outpatient services; compensation is a fixed fee and reimbursement of cost of employees of manager (salary and benefits, computed as percentage of salary) Common arrangement; but is the benefit calculation truly pass-through? Comments suggest clarifying this point 16 Common arrangements that cause concerns under the Safe Harbors Hospital constructs new bond-financed outpatient cancer center and needs a commitment from a private oncology group that it will staff the center when construction is completed in 1-2 years If hospital and group enter into 3-year per-unit agreement now, must that 3-year, 2-year-out term start now? If so, not much of a commitment from group Comments suggest providing that measurement of term begins on commencement of operations 17 9
11 Common arrangements that cause concerns under the Safe Harbors Radiologists have exclusive contract, receive $50,000 annual medical director payment as well as the right to bill and collect professional fees, and receive incentive payments for meeting quality and service indicators. Emergency physicians want compensation consisting of professional fees but with guaranteed annual minimum and want minimum to vary based on number of newly recruited physicians How to analyze these? Only solution may be fifty percent fixed fee, which puts risks on both hospital and physician (with greater risks for longer contracts) 18 Proposed changes to Rev. Proc Contractual relationships in healthcare have changed dramatically since 1997, some being driven by other federal agencies Private Use scrutiny has escalated with the imposition of the Schedule K reporting requirements, the IRS focus on post issuance compliance and increased IRS tax exempt bond audits focused on private use In 2012, National Association of Bond Lawyers and American Bar Association each submitted proposed changes at the request of the Internal Revenue Service. Changes to Rev. Proc remain on the IRS Work Plan but timing has not been communicated
12 Proposed changes to Rev. Proc Expand the list of incidental services excluded from Combine the two-, three- and five-year safe harbors into a single three-year safe harbor For contracts terminable without penalty or cause, measure the term as the stated notice period for termination (i.e., if contract terminable on 180 days notice at any time, term of contract should be 180 days) Eliminate the requirement that the qualified user be able to terminate the contract without penalty or cause If the requirement that the contract be terminable without penalty or cause is retained, it should be clarified Remove the 80% useful life requirement for the 10 and 15 year safe harbors 20 Proposed changes to Rev. Proc Clarify that per-unit fee safe harbor arrangements either need not include the schedule of fees, or need not include the schedule of fees for negotiated third partyagreements Clarify that participation in an ACO or bundled payment program does not give rise to private business use Analyze multiple arrangements with one service provider separately (not as a single contract) if the compensation for each arrangement is separately determined and each can be separately terminated 21 11
AHLA. C. Tax-Exempt Financing Basics for Section 501(c)(3) Organizations. L. Todd Gibson Squire Sanders (US) LLP Cleveland, OH
AHLA C. Tax-Exempt Financing Basics for Section 501(c)(3) Organizations L. Todd Gibson Squire Sanders (US) LLP Cleveland, OH Julie K. Seymour Ungaretti & Harris LLP Chicago, IL Tax Issues for Health Care
More informationAHLA: Tax Issues for Healthcare Organizations. Tax-Exempt Bonds, Schedule K and Preparing for IRS Private Business Use Examinations
AHLA: Tax Issues for Healthcare Organizations Tax-Exempt Bonds, Schedule K and Preparing for IRS Private Business Use Examinations October 15-16, 2012 Now, tell me exactly how you got these Schedule K
More informationAMERICAN HEALTH LAWYERS ASSOCIATION Tax Issues for Healthcare Organizations October 15-16, 2012
AMERICAN HEALTH LAWYERS ASSOCIATION Tax Issues for Healthcare Organizations October 15-16, 2012 Elements of a Post-Issuance Tax Compliance Program for Tax-Exempt Bonds Edwin G. Oswald, Esq. Orrick, Herrington
More informationTAX EXEMPT FINANCING BASICS FOR SECTION 501(C)(3) ORGANIZATIONS
American Health Lawyers Association Tax Issues for Healthcare Organizations October 21 & 22, 2013 TAX EXEMPT FINANCING BASICS FOR SECTION 501(C)(3) ORGANIZATIONS TODD GIBSON SQUIRE SANDERS (US) LLP JULIE
More informationPARTICIPATE IN AN ACO? ARE YOUR HOSPITAL'S BONDS STILL TAX EXEMPT?
PARTICIPATE IN AN ACO? ARE YOUR HOSPITAL'S BONDS STILL TAX EXEMPT? October 27, 2014 If a Code Section 501(c)(3) organization (501(c)(3)) or State or local government (collectively Exempt Entity) hospital
More informationAn Update on Implementation of New Management Contract Safe Harbors for Property Financed with Tax-Exempt Bonds
An Update on Implementation of New Management Contract Safe Harbors for Property Financed with Tax-Exempt Bonds (Rev. Proc. 2017-13) Michael G. Bailey Foley & Lardner LLP An Update on Implementation of
More informationUNDERSTANDING PRIVATE BUSINESS USE OF TAX EXEMPT BONDS. Presented by: Caleb Lansky, BLX Group
UNDERSTANDING PRIVATE BUSINESS USE OF TAX EXEMPT BONDS Presented by: Caleb Lansky, BLX Group PRIVATEBUSINESS USE OVERVIEW AND EXCEPTIONS The hardest thing to understand in the world is the income tax.
More informationGuide to Identifying and Measuring Private Business Use in Tax-Exempt Bond-Financed Facilities
Guide to Identifying and Measuring Private Business Use in Tax-Exempt Bond-Financed Facilities I. Introduction The University of Washington (the University ) frequently finances facilities in whole or
More informationDEVELOPING AND IMPLEMENTING PROCEDURES FOR POST-ISSUANCE TAX COMPLIANCE FOR ISSUERS OF GOVERNMENTAL BONDS GFOA DEBT COMMITTEE
DEVELOPING AND IMPLEMENTING PROCEDURES FOR POST-ISSUANCE TAX COMPLIANCE FOR ISSUERS OF GOVERNMENTAL BONDS GFOA DEBT COMMITTEE AUGUST 2016 DEVELOPING AND IMPLEMENTING PROCEDURES FOR POST-ISSUANCE TAX COMPLIANCE
More informationACOs AND OTHER MODELS OF CARE: FROM FORMATION TO OPERATION TAX CONSIDERATIONS AND MORE
ACOs AND OTHER MODELS OF CARE: FROM FORMATION TO OPERATION TAX CONSIDERATIONS AND MORE Donald B. Stuart, Esq. Waller Lansden Dortch & Davis, LLP I. ACCOUNTABLE CARE ORGANIZATIONS (ACOs) II. AFFORDABLE
More informationPrivate Use Policy and Guidelines Sponsored and Commercial Research Activity. RARA and River Rats Presentation December 2017
Private Use Policy and Guidelines Sponsored and Commercial Research Activity RARA and River Rats Presentation December 2017 Overview UR is a tax-exempt organization described in section 501(c)(3) of the
More informationExecutive Compensation: Tax and Other Considerations for Restricted Stock Awards
Presenting a live 90-minute webinar with interactive Q&A Executive Compensation: Tax and Other Considerations for Restricted Stock Awards Strategies for Navigating Substantial Risk of Forfeiture Analysis,
More informationPhysician Rockstars Toolkit - Common Models and Legal Considerations for Securing the Services of Rockstar physicians. Item 3
(1) Employment Agreements Stark Exception Requirements 1 42 U.S.C. 1395nn(e)(2)/ 42 CFR 411.357(c) There is a bona fide employment relationship and the employment is for identifiable services. The amount
More informationNOT-FOR-PROFIT NEWSLETTER
WINTER 2017 Certified Public Accountants Business Consultants NOT-FOR-PROFIT NEWSLETTER istockphoto thinkstock IN THIS ISSUE A List of Projects from the IRS s 2016 2017 Priority IRS Updates Safe Harbor
More informationFederal Regulatory Update
Federal Regulatory Update Robert L. Gauss, Partner Ice Miller LLP One American Square, Suite 2900 Indianapolis, IN 46282-0200 (317) 236-2133 gauss@ Current Topics Status of IRS Determination Letter program.
More informationWIND PRODUCTION TAX CREDITS
WIND PTC WIND PRODUCTION TAX CREDITS The production tax credit ( PTC ) generally is available to a taxpayer investing in a wind facility when the taxpayer: produces electricity from qualified energy resources
More informationAHLA. Clinically Integrated Organizations What They Are, How They Work, and What Tax Issues They Raise. Gerald M. Griffith Jones Day Chicago, IL
AHLA Clinically Integrated Organizations What They Are, How They Work, and What Tax Issues They Raise Gerald M. Griffith Jones Day Chicago, IL Max Reiboldt Coker Group Alpharetta, GA Cynthia F. Wisner
More informationTAX COMPLIANCE POLICIES TAX-EXEMPT GOVERNMENTAL BONDS
TAX COMPLIANCE POLICIES TAX-EXEMPT GOVERNMENTAL BONDS 1. Purpose Issuers of tax-exempt governmental bonds must comply with federal tax rules pertaining to expenditure of proceeds for qualified costs, rate
More informationUNDERSTANDING AND WORKING WITH THE LATEST STARK LAW DEVELOPMENTS
26 th Annual National CLE Conference Law Education Institute January 3-7, 3 2009 UNDERSTANDING AND WORKING WITH THE LATEST STARK LAW DEVELOPMENTS By JONELL B. WILLIAMSON January 5, 2009 1 Stark Prohibition
More informationFederal Regulatory Update
Federal Regulatory Update Robert L. Gauss, Partner Ice Miller LLP One American Square, Suite 2900 Indianapolis, IN 46282-0200 (317) 236-2133 gauss@ Current Topics Status of IRS Determination Letter program.
More informationForm 990, Schedule K and Tax-Exempt Bonds
Form 990, Schedule K and Tax-Exempt Bonds May 25, 2010 1:00 pm EST DRAFT If you experience any technical difficulties, please contact 888.228.4388 or GTU_support@learnlive.com Addressing your questions
More informationPractical Considerations for Medical Practices Considering Converting Their Vascular Access Centers Into Medicare-Certified Ambulatory Surgery Centers
Practical Considerations for Medical Practices Considering Converting Their Vascular Access Centers Into Medicare-Certified Ambulatory Surgery Centers James B. Riley, Partner +1 312 750 8665 jriley@mcguirewoods.com
More informationIRS TEB Publishes Final Report On Post-Issuance Compliance Survey
2011 American Health Lawyers Association July 22, 2011 Vol. IX Issue 29 IRS TEB Publishes Final Report On Post-Issuance Compliance Survey By Mike Mitchell and Amy Cobb Curran, Jones Day Introduction On
More informationPost-Issuance Tax-Exempt Bond Compliance Policy
Post-Issuance Tax-Exempt Bond Compliance Policy Responsible Office Finance Division Effective Date March 7, 2012 Responsible Official Sr. VP for Finance & COO Last Revision May 10, 2016 Policy Sections
More informationALI-ABA Course of Study Consolidated Tax Return Regulations. Cosponsored by the ABA Section of Taxation September 25-26, 2008 Washington, D.C.
1593 ALI-ABA Course of Study Consolidated Tax Return Regulations Cosponsored by the ABA Section of Taxation September 25-26, 2008 Washington, D.C. The Pre-Reorganization Continuity of Interest Regulations
More informationPhysician Contracting An Overview of Legal Policy No. 9
Physician Contracting An Overview of Legal Policy No. 9 Learning Objectives To Understand: CHI policy requirements for physician contracting Recent updates to Legal Policy No. 9 How to obtain review and
More informationRollins College Bond Compliance Policies
Rollins College Bond Compliance Policies Arbitrage Policy and Procedural Guidelines The purpose of the Arbitrage Policy and Procedural Guidelines is to assure that proceeds of tax exempt bonds comply with
More informationHEALTH CARE REFORM WHETHER TO PLAY OR PAY (Executive Summary) Dated: January 11, 2013
HEALTH CARE REFORM WHETHER TO PLAY OR PAY (Executive Summary) Dated: January 11, 2013 Starting in 2014, large employers will be subject to the employer shared responsibility provisions under the Patient
More informationMANAGEMENT S DISCUSSION OF FINANCIAL AND OPERATING PERFORMANCE
MANAGEMENT S DISCUSSION OF FINANCIAL AND OPERATING PERFORMANCE Utilization Trends The Corporation has experienced an increase in utilization from the end of 2015 through fiscal year 2017. Occupancy of
More informationTax Issues Impacting Not-For-Profit Organizations
Tax Issues Impacting Not-For-Profit Organizations August 17 th, 2017 Amber Sherrill, CPA, Director BKD, LLP Risk Analysis Report Year End AGENDA Unrelated Business Income (UBI) Accountable Care Organizations
More informationAtchison Hospital Association, Inc. and Riverbend Regional Healthcare Foundation. Consolidated Financial Report September 30, 2015
Consolidated Financial Report September 30, 2015 Contents Independent Auditor s Report on the Financial Statements 1 2 Financial Statements Consolidated balance sheets 3 4 Consolidated statements of operations
More informationPage 1 of 5 Register for the enewsletter Welcome Sandra. Not Sandra? Click here Contact Us Subscribe Now Forgot Your Password Imaging Trends and Advances Focus on Technology Viewpoints Conference Reports
More informationA Roadmap to Post-Issuance Tax Compliance. Presented by: Alan Bond, BLX Group Larry Sobel, Orrick John Cebula, Chapman University
A Roadmap to Post-Issuance Tax Compliance Presented by: Alan Bond, BLX Group Larry Sobel, Orrick John Cebula, Chapman University 1 Discussion Outline I. Post-Issuance Tax Compliance Overview II. Private
More informationTHE AMERICAN LAW INSTITUTE Continuing Legal Education
163 THE AMERICAN LAW INSTITUTE Continuing Legal Education Retirement, Deferred Compensation, and Welfare Plans of Tax-Exempt and Governmental Employers September 20-21, 2012 Washington, D.C Selected Regulatory
More information25th Annual Health Sciences Tax Conference
25th Annual Health Sciences Tax Conference Assorted tax topics for exempt health care organizations December 9, 2015 Disclaimer EY refers to the global organization, and may refer to one or more, of the
More informationStark, AKS, FCA Primer
Stark, AKS, FCA Primer December 1, 2016 Christine Savage (csavage@choate.com, 617-248-4084) by any measure CHOATE HALL & STEWART LLP choate.com Physician Self-Referral Prohibition (the Stark Law ): History
More informationSENATE, No. 485 STATE OF NEW JERSEY
SENATE BUDGET AND APPROPRIATIONS COMMITTEE STATEMENT TO [First Reprint] SENATE, No. 485 STATE OF NEW JERSEY DATED: APRIL 5, 2018 The Senate Budget and Appropriations Committee reports favorably Senate
More informationOn July 23, 2015, the IRS published proposed regulations under Code
Fund Management Fee Waivers Under Attack By Peter A. Glicklich and Heath Martin On July 23, 2015, the IRS published proposed regulations under Code Sec. 707(a)(2)(A) 1 that recharacterize certain allocations
More informationFRAUD AND ABUSE LAW IMPLICATED BY COMPENSATION ARRANGEMENTS. Lee Rosebush, PharmD, RPh, MBA, JD
FRAUD AND ABUSE LAW IMPLICATED BY COMPENSATION ARRANGEMENTS Lee Rosebush, PharmD, RPh, MBA, JD lrosebush@bakerlaw.com Real Quick Overview False Claims Act Any person who knowingly presents, or causes to
More informationHousing Partnership Agreements
Housing Partnership Agreements By Mary Jo Salins and Robert Fontenrose Housing Partnership Agreements By Mary Jo Salins and Robert Fontenrose Overview Purpose This article updates the discussion on housing
More informationNotice ; Request for Comments Regarding Participation by Tax-Exempt Hospitals in Accountable Care Organizations
BY ELECTRONIC MAIL & HAND DELIVERY SE:T:EO:RA:G (Notice 2011-20) Courier s Desk Sarah Hall Ingram Commissioner Internal Revenue Service 1111 Constitution Avenue, NW Washington, DC 20224 RE: Notice 2011-20;
More informationGainsharing Is it Still Feasible? May 14, 2010
7 th Annual Illinois Chapter ACC Practice Management Symposium Gainsharing Is it Still Feasible? May 14, 2010 W. Kenneth Davis, Jr. Partner Katten Muchin Rosenman LLP 525 W. Monroe Chicago, Illinois 312.902.5573
More informationMunicipal Finance Post-Issuance Legal Compliance
Municipal Finance Post-Issuance Legal Compliance Erin McCrady, Partner Dorsey & Whitney LLP Montana League of Cities and Towns Annual Conference September 28, 2017 Post-Issuance Legal Compliance The municipal
More informationIDN Goals (cont d) Integrated Delivery Networks and What They Mean for Compliance. Integrated Delivery Network (IDN) Goals
Integrated Delivery Networks and What They Mean for Compliance Chris Rossman, Esq. Foley & Lardner LLP Detroit, Michigan Attorney Advertising Prior results do not guarantee a similar outcome Models used
More informationALI-ABA Course of Study Consolidated Tax Return Regulations. Cosponsored by the ABA Section of Taxation. October 5-6, 2006 Washington, D.C.
2229 ALI-ABA Course of Study Consolidated Tax Return Regulations Cosponsored by the ABA Section of Taxation October 5-6, 2006 Washington, D.C. Continuity of Interest and Continuity of Business Enterprise
More informationApproved Models to Align Incentives between Hospitals and their Physicians
Approved Models to Align Incentives between Hospitals and their Physicians Agenda I. Alignment Model Overview II. Co-Management III. Clinically Integrated Networks CIN Definition & Overview Network Development
More informationDeducting and Capitalizing Business Expenses (IRS Final Capitalization Regulations)
February 14, 2015 To Sullivan Strategic Clients and Friends of the Firm RE: Deducting and Capitalizing Business Expenses (IRS Final Capitalization Regulations) Dear Client: I'm writing to let you know
More informationIMAGING JOINT VENTURES REGULATORY ISSUES. Davis Wright Tremaine LLP 1
IMAGING JOINT VENTURES REGULATORY ISSUES Davis Wright Tremaine LLP 1 The following presents an overview of certain antitrust, regulatory, and tax issues that should be considered in the planning process
More informationEASIER COMPLIANCE IS GOAL OF NEW INTERMEDIATE SANCTION REGULATIONS
EASIER COMPLIANCE IS GOAL OF NEW INTERMEDIATE SANCTION REGULATIONS By Steven T. Miller 1 On January 10, 2001, the Treasury Department issued Temporary Regulations interpreting the benefit limitation provisions
More informationAHLA. Tax Primer. Tricia M. Johnson, CPA Executive Director Ernst & Young LLP Cincinnati, OH
AHLA Tax Primer Tricia M. Johnson, CPA Executive Director Ernst & Young LLP Cincinnati, OH Cynthia Leon Vice President, Transactions and Tax Catholic Health Initiatives Denver, CO Tax Issues for Health
More informationIndependent Contractor Guidelines for Federal Tax Purposes. UC Independent Contractor Guidelines for Federal Tax Purposes
Guidance on Related Policy: N/A Effective Date: 1/17/2018 Independent Contractor Guidelines for Federal Tax Purposes Contact: John Barrett Email: John.Barrett@ucop.edu Phone #: (510) 987-0903 UC Independent
More informationIMPORTANT INFORMATION FOR THE LIVE PROGRAM
Reporting UBTI and UBIT in Partnerships and S Corporations: Mastering K-1 Disclosures for Exempt Org Partners Key Box 20V Reporting, Footnotes and Separate Disclosures, and UDFI Exemptions THURSDAY, SEPTEMBER
More informationPHASE II OF THE FINAL STARK REGULATIONS: WHAT DO THEY MEAN FOR HEALTHCARE PROVIDERS
Kean Miller Health Care Industry Business Group PHASE II OF THE FINAL STARK REGULATIONS: WHAT DO THEY MEAN FOR HEALTHCARE PROVIDERS April 28, 2004 Linda G. Rodrigue, Esq. and Clay J. Countryman, Esq. Kean,
More informationHEALTHCARE TAX. Investor-Owned Healthcare Organizations. Tax-Exempt Organizations
HEALTHCARE TAX Waller's nationally recognized tax attorneys bring a creative approach to solving complex tax and business issues, providing a vital perspective on the nuances of tax law and their impact
More informationACO Emerging Trends -Lessons Learned on ACO Start-Up
ACO Emerging Trends -Lessons Learned on ACO Start-Up This roundtable discussion is brought to you by the ACO Task Force September 14, 2012, Noon to 1:15 pm Eastern Presenters: Christi J. Braun, Esquire
More informationInvestigator Compensation: Motivation vs. Regulatory Compliance
Vol. 12, No. 9, September 2016 Happy Trials to You Investigator Compensation: Motivation vs. Regulatory Compliance By Payal Cramer Physician-investigators play a central role in clinical research. Through
More informationCAMC Health System, Inc. and Subsidiaries
CAMC Health System, Inc. and Subsidiaries Consolidated Financial Statements and Other Financial Information as of and for the Years Ended December 31, 2012 and 2011, and Independent Auditors Report CAMC
More informationPOST-ISSUANCE TAX COMPLIANCE
Brandeis University Post-Issuance Tax Compliance Procedures For Tax-Exempt Obligations I. INTRODUCTION These post-issuance compliance procedures of Brandeis University (the Institution ) are designed to
More informationPrivate Activity Use and Tax Requirements for Construction Projects Workshop
***Important Note*** This information is for Internal CSU purpose only. Do not distribute as the information may be incomplete and subject to change. The CSU and its bond counsel do not make any assurances
More informationAHLA. O. Tax Issues in Clinical Research. Ann T. Hollenbeck Honigman Miller Schwartz & Cohn LLP Detroit, MI
AHLA O. Tax Issues in Clinical Research Ann T. Hollenbeck Honigman Miller Schwartz & Cohn LLP Detroit, MI Robert F. Waitkus Senior Director of Taxation and Compliance Cleveland Clinic Health System Cleveland,
More informationDouglas W. Charnas, Esq. 900 Lawyers 19 Offices
Tax Issues in Joint Ventures and Acquisitions for Hospitals and Academic Medical Centers 2013 Southeast Healthcare Provider Conference September 24, 2013 Douglas W. Charnas, Esq. 900 Lawyers 19 Offices
More informationMODERATOR: JEFFREY S. TENENBAUM, ESQ. THURSDAY, JULY 25, 2013 PRESENTERS: MATTHEW T. JOURNY, ESQ. MARGARET C. ROHLFING, ESQ.*
A Look at the IRS Final Report on the Nonprofit Colleges and Universities Compliance Project: UBIT and Executive Compensation Lessons for All Tax-Exempt Organizations MODERATOR: JEFFREY S. TENENBAUM, ESQ.
More informationDear Ms. Tsilas, Mr. Polfer and Mr. Jones:
PHONE 202-503-3300 FAX 202-637-0217 www.nabl.org 601 Thirteenth Street, NW Suite 800 South Washington, D.C. 20005 April 1, 2013 President SCOTT R. LILIENTHAL Washington, DC President-Elect ALLEN K. ROBERTSON
More informationFinal and Proposed Regulations on the Deduction and Capitalization Tangible Property
Final and Proposed Regulations on the Deduction and Capitalization of Expenditures Related to Tangible Property ////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////
More informationTax Issues Impacting Tax-Exempt Healthcare Organizations
Tax Issues Impacting Tax-Exempt Healthcare Organizations March 14, 2018 Daniel J. Hennessey Shareholder 1 Topics Covered 1. 2018 IRS Initiatives 2. Federal Tax Reform 3. Section 501(r) Update 4. Tax-Exempt
More informationIRS ISSUES ACCOUNTING METHOD CHANGE GUIDANCE IN TWO REVENUE PROCEDURES TO COMPLY WITH TANGIBLE PROPERTY REGULATIONS
BDO FIXED ASSETS ALERT 1 MAY 2012 WWW.BDO.COM SUBJECT IRS ISSUES ACCOUNTING METHOD CHANGE GUIDANCE IN TWO REVENUE PROCEDURES TO COMPLY WITH TANGIBLE PROPERTY REGULATIONS SUMMARY On March 7, 2012, the Internal
More informationThe Nuts and Bolts of the 501(r) Regulations
The Nuts and Bolts of the 501(r) Regulations Presented by Jeffrey L. Carmichael and Calvin R. Chambers May 29, 2015 Denver Detroit Indianapolis Louisville Milwaukee Philadelphia Washington, D.C. Goals
More information2014 Lathrop & Gage LLP Lathrop & Gage LLP Lathrop & Gage LLP
Legal Issues for Physician Owned Implant Manufacturer/Distribution Companies (PODs) October 24, 2014 Randal L. Schultz, Esq. 10851 Mastin Blvd, Building 82, Suite 1000 Overland Park, KS 66210-1669 913.451.5192
More informationMAIN LINE HEALTH SYSTEM CONTINUING DISCLOSURE DOCUMENT APPENDIX A 9/29/16
MAIN LINE HEALTH SYSTEM CONTINUING DISCLOSURE DOCUMENT APPENDIX A Medical Staff As of June 30, 2016, the Main Line Health System s ( MLHS ) active medical staff for Main Line Health ( MLH ) hospitals consisted
More informationTax-exempt bonds and the private business use dilemma
Tax-exempt bonds and the private business use dilemma Presenters Chad Franks Tax Principal KPMG LLP Edward N. Lee Audit Partner KPMG LLP Agenda 1 Post-issuance compliance Overview of basic rules and common
More informationPhysician Care: Physician Compensation. Presented by Albert R. Riviezzo, Esq. Fox Rothschild LLP Exton, PA
Physician Care: Physician Compensation Presented by Albert R. Riviezzo, Esq. Fox Rothschild LLP Exton, PA Overview Compensation trends for employed physicians Regulatory risks of physician compensation
More informationUpdate on 403(b) and 457(f) Plans
Update on 403(b) and 457(f) Plans Representing & Managing Tax Exempt Organizations April 28-29, 2011 Gregory L. Needles Morgan, Lewis & Bockius LLP Washington, DC Cheryl E. Press Office of Chief Counsel
More informationALI-ABA Course of Study Consolidated Tax Return Regulations. Cosponsored by the ABA Section of Taxation. September 22-23, 2005 Washington, D.C.
ALI-ABA Course of Study Consolidated Tax Return Regulations Cosponsored by the ABA Section of Taxation September 22-23, 2005 CONTINUITY OF INTEREST AND CONTINUITY OF BUSINESS ENTERPRISE REGULATIONS Mark
More informationTopic: POLICY FOR POST ISSUANCE TAX-EXEMPT BOND COMPLIANCE Policy # FAR-2 Version: 1 Effective Date: 05/01/2012. Purpose:
Topic: POLICY FOR POST ISSUANCE TAX-EXEMPT BOND COMPLIANCE Policy # FAR-2 Version: 1 Effective Date: 05/01/2012 Purpose: The purpose of these post-issuance compliance policies for tax-exempt bonds and
More informationHealth Law 101: Issue-Spotting In Dealing With Health-Care Providers. by William H. Hall Jr.
Health Law 101: Issue-Spotting In Dealing With Health-Care Providers by William H. Hall Jr. The anti-kickback statute prohibits arrangements that might be common in other industries. Health care is among
More informationLast First Initial Date of Application 4. Initial Date of Service 5. Requested Date of Service
New Jersey Hospital Assistance Program APPLICATION FOR PARTICIPATION PROOF OF IDENTIFICATION, PROOF OF INCOME AND PROOF OF ASSETS MUST ACCOMANY THIS APPLICATION. SEND COPIES OF ALL REQUESTED DOCUMENTS.
More informationThe Union Hospital of Cecil County, Inc.
Financial Statements Table of Contents Page Independent Auditors Report 1 Financial Statements Balance Sheet 3 Statement of Operations 4 Statement of Changes in Net Assets 5 Statement of Cash Flows 6 7
More informationAdvanced Municipal Lease Financing: Equipment Leasing for Research and Development
Advanced Municipal Lease Financing: Equipment Leasing for Research and Development Gregory V. Johnson Patton Boggs LLP 1660 Lincoln Street, Suite 1900 Denver, CO 80264 (303) 894-6187 Two Structures for
More informationAccountable Care Organizations: Risk Sharing and Licensure Implications under State Law
Accountable Care Organizations: Risk Sharing and Licensure Implications under State Law Wednesday, June 1, 2011 12:00 p.m. 1:00 p.m. CDT Web Seminar 2011 Fulbright & Jaworski L.L.P. Speakers Jerry A. Bell,
More informationNovember 5, Comments on Proposed Regulations under Section 125 of the Internal Revenue Code (Cafeteria Plans)
November 5, 2007 CC:PA:LPD:PR (REG-142695-05) Room 5203 Internal Revenue Service POB 7604 Ben Franklin Station Washington, D.C. 20044 Re: Comments on Proposed Regulations under Section 125 of the Internal
More informationPHYSICIAN ALIGNMENT: LEGAL AND FAIR MARKET VALUE COMPLIANCE
PHYSICIAN ALIGNMENT: LEGAL AND FAIR MARKET VALUE COMPLIANCE Health Care Compliance Association 17 th Annual Compliance Institute April 22, 2013 Donnessa Vessakosol Strategic Value Group, LLC Cheryl Camin
More informationI. Determine practitioner(s) or groups eligible to participate in the Physician UPL Supplemental Payment program.
Physician UPL Supplemental Payment Program Instructions and Frequently Asked Questions Revised 07/19/2018 Latest Approved State Plan Amendment - #17-0011 The Louisiana Department of Health (LDH) has been
More informationTAX-EXEMPT ORGANIZATIONS: EFFECTIVE GOVERNANCE AND LEGAL COMPLIANCE VICTOR J. FERGUSON SUZANNE R. GALYARDT VORYS, SATER, SEYMOUR AND PEASE LLP
TAX-EXEMPT ORGANIZATIONS: EFFECTIVE GOVERNANCE AND LEGAL COMPLIANCE VICTOR J. FERGUSON SUZANNE R. GALYARDT VORYS, SATER, SEYMOUR AND PEASE LLP OVERVIEW 1. Organizational Test 2. Operational Test 3. Private
More informationTax Issues in Clinical Research
Tax Issues in Clinical Research AHLA October 2013 Ann Hollenbeck Bob Waitkus 1 Tax Issues in Clinical Research Three Topics: 1. Clinical Research: related to mission and UBTI issues 2. Private Use Issues:
More informationBuilding a Strategic Plan for Physician Employment and Practice Acquisition
Building Practice Acquisition and Physician Employment Strategies that Will Last the Test of Time In a Changing Regulatory Environment David Lewis Vice President/Associate General Counsel LifePoint Hospitals
More informationWe ve seen the future: insights into the dynamics of the reformed health care market
We ve seen the future: insights into the dynamics of the reformed health care market Ellen Zane, Vice Chair of the Board and CEO Emeritus, Tufts Medical Center, Boston July 13, 2012 What we know Two main
More informationCOMPENSATING EMPLOYED PHYSICIANS Tax Law, Stark and Anti-Kickback Implications. AHLA Tax Issues for Healthcare Organizations October 20-22, 2013
AHLA B. Compensating Employed Physicians Tax Law, Stark, and Anti-Kickback Implications Linda Sauser Moroney Drinker Biddle & Reath LLP Milwaukee, WI Claire M. Turcotte Bricker & Eckler LLP West Chester,
More informationNondiscrimination Rules for Cafeteria Plans
Nondiscrimination Rules for Cafeteria Plans A cafeteria plan is an employer-provided written plan that offers employees the opportunity to choose between at least one permitted taxable benefit and at least
More informationU.S. Transfer Pricing Overview. Presented by Will James BKD, LLP
U.S. Transfer Pricing Overview Presented by Will James BKD, LLP Agenda US. Transfer Pricing (TP) Rules Overview Overview of U.S. Documentation Requirements Required Documentation Penalties Tax Return Disclosure
More informationPhysician Alignment Strategies
Physician Alignment Strategies Prepared for American Health Lawyers Association Page 0 Physician Alignment Strategies Debbie Ernsberger, CPA dernsberger@pyapc.com Page 1 1 American Health Lawyers Association
More informationThe Impact of Emerging Reimbursement Models on Physician Compensation
The Impact of Emerging Reimbursement Models on Physician Compensation By: Beth Connor Guest, Chief Counsel, Cigna HealthSpring and Patricia O. Powers, Office of General Counsel, Vanderbilt University.
More informationHospital Incentive Payments to Physicians for Quality and Cost Savings
Hospital Incentive Payments to Physicians for Quality and Cost Savings Implications under the Fraud and Abuse Laws March 1, 2011 Dennis S. Diaz Davis Wright Tremaine LLP dennisdiaz@dwt.com 213-633-6876
More informationThe IRS Final Report on Nonprofit Colleges and Universities: Lessons for All Tax-Exempt Organizations
The IRS Final Report on Nonprofit Colleges and Universities: Lessons for All Tax-Exempt Organizations Thursday, October 24, 2013, 12:30 p.m. 2:00 p.m. ET Venable LLP, Washington, DC Moderator: Jeffrey
More informationNonprofit Organizations Committee Legal Quick Hit:
Nonprofit Organizations Committee Legal Quick Hit: A Look at the IRS Final Report on the Nonprofit Colleges and Universities Compliance Project: UBIT and Executive Compensation Lessons for All Tax-Exempt
More informationTangible Property Regulations - Frequently Asked Questions (irs.gov)
Tangible Property Regulations - Frequently Asked Questions (irs.gov) Section 162 of the Internal Revenue Code (IRC) allows you to deduct all the ordinary and necessary expenses you incur during the taxable
More informationCompensating Owners and Key Employees of Partnerships and LLC's
College of William & Mary Law School William & Mary Law School Scholarship Repository William & Mary Annual Tax Conference Conferences, Events, and Lectures 2013 Compensating Owners and Key Employees of
More informationAntitrust and ACOs: What the Antitrust Enforcement Agencies Have in Store for ACOs Tuesday, April 26, :00-2:30 pm Eastern
Antitrust and ACOs: What the Antitrust Enforcement Agencies Have in Store for ACOs Tuesday, April 26, 2011 1:00-2:30 pm Eastern This webinar is brought to you by the Antitrust Practice Group and the Accountable
More informationNew ACA Rules for HRAs, Flex Credits and Opt- Out Payments
SEPTEMBER 27, 2016 HANSON BRIDGETT EMPLOYEE BENEFITS PRACTICE GROUP New ACA Rules for HRAs, Flex Credits and Opt- Out Payments Late last year, the IRS issued Notice 2015-87 to provide guidance on Affordable
More informationGetting Up to Speed on the Final Regulations for Deferred Compensation
Where published May-June 2007 THE TAX EXECUTIVE Getting Up to Speed on the Final Regulations for Deferred Compensation By: Norman J. Misher and David E. Kahen S ection 409A of the Internal Revenue Code
More informationEmployee Benefits Client Alert: October 2008
Employee Benefits Client Alert: October 2008 Q&A ON 409A: COMPLIANCE DEADLINE FOR DEFERRED COMPENSATION PLANS AND AGREEMENTS Q-1: Why should service providers and service recipients be concerned with Internal
More information