This policy brief addresses California's consideration of revoking tax-exempt status for nonprofit hospitals during a period of budgetary crisis. The paper examines criticism surrounding excessive executive compensation at nonprofit hospitals, presents data on the distribution of uncompensated care and community benefit expenditures, and reviews the federal guidelines introduced by the Affordable Care Act governing nonprofit hospital conduct. Ultimately, the paper argues that while reform and stricter oversight are warranted, eliminating tax-exempt status entirely would be counterproductive given the significant public health consequences of reducing access to charitable care for indigent and low-income populations.
Due to the current budgetary crisis, California is considering revoking the tax-exempt status of many of its hospitals. However, the recent economic downturn has increased — rather than decreased — the need for hospitals to provide charitable care. With no signs of universal healthcare on the horizon, it is essential that indigent patients receive services and that the working poor covered by Medicaid are not refused treatment, despite the relatively low insurance reimbursement rates associated with the government poverty health plan.
It is not surprising that there is significant anger and resentment toward the tax-exempt status of California hospitals, given that CEOs at nonprofit hospitals received an average compensation of $732,000 and sixteen executives earned over $1 million per year. In eleven California tax-exempt hospitals, CEO salaries exceeded the total amounts spent on charitable care for patients (IRS-exempt, 2009, IRS: 1).
The Patient Protection and Affordable Care Act (ACA) has created new federal guidelines for nonprofit hospitals. Nonprofit hospitals must "have a community needs assessment every three years and implement a strategy to respond to the identified needs; clearly define eligibility criteria for patients in need of assistance; develop and publicize a financial assistance policy with free or reduced rates to eligible, needy patients and provide emergency care to all without discrimination; limit the amount those eligible are charged for emergency or medically necessary care;" and "refrain from engagement in extraordinary collection actions before determining whether the patient is eligible for financial assistance" (Nonprofits, 2010, NCHC).
These guidelines are reasonable, and few would challenge the requirement that a hospital demonstrate charitable activity in exchange for federal financial assistance and tax breaks. To sustain their tax-exempt status, nonprofit hospitals must also avoid "excessive compensation" for their officers, directors, and trustees — directly addressing the criticism that nonprofits devote too high a percentage of their earnings to administrative costs rather than patient care (IRS-exempt, 2009, IRS).
There remains a clear need for nonprofits based on available data about the populations they serve and the additional services they provide to their communities. According to the IRS hospital study, "uncompensated care accounted for 56% of aggregate community benefit expenditures reported by the hospitals in the study… medical education and training (23%), research (15%), and community programs (6%)" (IRS-exempt, 2009, IRS: 2–3).
"Stricter oversight preferred over eliminating exemptions"
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