The Law of Tax-Exempt Healthcare Organizations, 3rd Edition

Preface

This supplement accompanying the third edition of The Law of Tax-Exempt Healthcare Organizations focuses on developments in the law in the exempt healthcare field from late 2007 through mid-2011. During that time span, two remarkable developments occurred: enactment in 2010 of the Patient Protection and Affordable Care Act, and issuance in 2011 by the IRS of a revised and expanded Schedule H, with extensive instructions, to accompany the Form 990. The most relevant element of that legislation (one of the simultaneously most championed and reviled legislative acts in the history of this country) is the package of additional requirements for exemption imposed on private, exempt hospitals (IRC § 501(r)). These two developments alone have significantly transformed the law of healthcare organizations.

There is much more to the Affordable Care Act's impact on tax-exempt healthcare law than the additional requirements imposed on exempt hospitals. Exemption has been provided for qualified nonprofit health insurance issuers. New entities are cropping up as a result of enactment of the Act, including the states' health insurance exchanges and accountable care organizations. Some of these entities may be nonprofit organizations; all of them will involve nonprofit organizations, generating federal tax law issues, implicating bodies of law such as private benefit, commerciality, joint venture participation, and unrelated business. All of these law developments are summarized in this ...