Time to tax "non-profit" hospitals?

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drusso

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It would certainly help raise revenue cover costs for municipal services and addiction treatment.

Tax-Exempt Hospitals Face Payments to Host Towns in New Jersey

Terrence Dopp


December 28, 2015 — 4:57 AM PST

New Jersey’s nonprofit hospitals, which have long enjoyed a tax exemption, would have to make payments to their host communities to cover the cost of municipal services under a bipartisan measure making its way through the state legislature.

Lawmakers are responding to a June court ruling which found that the 40-acre Morristown Medical Center owed local property taxes because of “blurred lines” between its nonprofit and for-profit businesses. The 687-bed hospital’s owner agreed in November to pay the town $15.5 million over the next decade.

The decision opened the door for other municipalities that host nonprofit businesses, including hospitals and universities, to challenge their tax-exempt status. Hospitals in Illinois, Pennsylvania and Iowa also have faced challenges as towns struggle to balance budgets.

“It’s not a stretch to say that every nonprofit that owns property should be looking at this,” Linda Czipo, executive director of the Center for Non-Profits, an organization based in Mercerville, New Jersey that advocates for the groups in Trenton and Washington. “We’re concerned about how the whole property-tax issue might play out for the broader nonprofit community.”

The judge who issued the Morristown ruling is also presiding over a lawsuit against Princeton University, New Jersey’s only Ivy League school. Residents are challenging its exemption because it collects drug-patent royalties that it shares with faculty.


Tax Code

The Morristown hospital’s tax-exemption challenge, like those in other states, arose in part from President Barack Obama’s signature 2010 legislation designed to shrink the number of Americans without health insurance, and in large measure due to a wave of consolidations in the hospital industry. While the existence of a new generation of joint operations and profit-based services cropped up in order to trim costs, hospitals were still operating under a tax code put in place around the turn of the last century.

“The law as it was written in 1913 really didn’t apply today,” said Senator Joseph Vitale, a Democrat from Woodbridge. “It’s a new day of doing business for hospitals.”

Vitale is co-sponsoring a bill that would establish a payment formula for nonprofit hospitals that have for-profit businesses, such as doctor groups. The new payments would be less confusing for the governments who would have to decide how to assess the bills for the hospitals, and are designed to be lower than the full levies they might otherwise face, said Senator Robert Singer, a Republican from Lakewood who is also a co-sponsor.

“This is an opportunity for hospitals to keep their heads above water,” Singer said. “As municipalities get cash-strapped, they are looking at every resource, and the Morristown case was a ’my ship has come in’ moment.”

The legislation would obligate the hospitals to make “community service contributions” of $2.50 per bed a day to host municipalities to defray costs such as police, fire and ambulance crews. Many poor, inner-city hospitals or those deemed money-losing by the state would be exempt under the bill, which passed a Senate committee this month.

Statewide Solution

Hospitals account for 140,000 jobs in the state and see more than 18 million patients a year, according to the New Jersey Hospital Association, the state-level trade group representing almost 400 health-care organizations. The association supports the measure.

“Clearly, the Morristown tax court decision has created a great deal of uncertainty, for hospitals and municipalities alike,” Betsy Ryan, NJHA’s president, said in a statement. “Our goal was to support a statewide solution that would strike a fair balance.”

In New Jersey, property taxes make up almost all of the local revenue used to fund town, county and school budgets. While hospitals can serve as a community’s economic anchor, the towns -- and their residents -- are footing the bill for the cost of services such as police and fire.

Nonprofits employ 314,000 people in New Jersey, nearly 10 percent of the state’s private workforce.

Nicole Sizemore, a spokeswoman for Governor Chris Christie, declined to comment on pending legislation.

“What folks forget is that for most non-profits the margin is razor thin,” said Andrew Dick, an Indianapolis attorney who represents hospitals in tax-exemption cases for Hall, Render, Killian, Heath & Lyman P.C. “If they had to pay the property taxes, that could be enough to push them into the red.”

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yes.

but so should big business, and big pharma should not be merging and sending their taxes overseas (Pfizer et al)...
 
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There is no such thing as a non profit or not for profit hospital in the US. The all run shell games with massive reserve acquisitions.
 
Ruling throws Illinois hospitals' tax exemptions into question

By Lisa Schencker | January 7, 2016

An Illinois appeals court has ruled that a law defining what not-for-profit hospitals have to do to get tax breaks is unconstitutional. The ruling is yet another setback for not-for-profit hospitals, which have come under increased scrutiny in recent years over their tax exemptions.

The 2012 Illinois law was meant to provide clarity around exemptions for hospitals.

The law says that the value of certain charitable and other services offered by a hospital must exceed the estimated value of its property tax liability if it's to get a property and sales tax exemptions. The law was passed after the Illinois Supreme Court, in 2010, upheld a decision to revoke Provena Covenant Medical Center's property-tax exemption, worrying other nonprofits across the state. (The Urbana, Ill., hospital is now part of Presence Health.)

The Illinois 4th District Appellate Court, however, ruled Tuesday that the 2012 law is unconstitutional in a case involving the city of Urbana and other local taxing districts brought by Carle Foundation Hospital, also in Urbana, which was seeking relief from taxes in 2004-2011.

A lower court sided with the hospital, but the appeals court reversed that decision, saying the Illinois Constitution allows lawmakers to exempt only property "used exclusively" for "charitable purposes."

Carle spokeswoman Jennifer Hendricks-Kaufmann said the hospital is considering options, including an appeal.

The Illinois Health and Hospital Association criticized the ruling. If the Illinois Supreme Court were to uphold this week's ruling, hospitals would again have to live by the old law that caused so much confusion, he said.

“This law was intended to set a clear and we believe fair standard that hospitals must meet to earn their tax exemption,” Chun said.

He cautioned, however, that nothing will change for Illinois not-for-profit hospitals for the time being, saying the ruling this week is not final and the case will likely go to the state Supreme Court.

Urbana Mayor Laurel Prussing said the city has lost 11% of its assessed tax value since Carle was relieved of paying $6.5 million a year in property taxes—the vast majority of which went to Urbana and its school district.

"Part of the inequity in the tax system is we have these very wealthy entities that can afford all kinds of lobbying to wiggle their way out of responsibilities," Prussing said.

The decision represents the latest defeat for not-for-profit hospitals trying to hold on to their tax exempt statuses.

Hospitals in Ohio and Pennsylvania have also faced challenges. The former mayor of Pittsburgh sued healthcare giant UPMC in 2013 to revoke that system's tax-exempt status, though both sides dropped that legal battle after a new mayor took over

In November, New Jersey hospital Morristown Medical Center agreed to pay $26 million to the town where it's located to end a dispute over the hospital's property tax exemption. That settlement followed a New Jersey tax judge's decision that the hospital should not be tax exempt.

In that ruling, Judge Vito Bianco said all modern, not-for-profit hospitals are “essentially legal fictions” for purposes of property-tax exemption, if they operate the same way as the Morristown hospital.

New Jersey lawmakers are now working on legislation intended to bring clarity to the issue, and it might end up looking somewhat like the Illinois law, said Jim Flynn, who heads the healthcare practice group at Bricker & Eckler. Flynn said the Illinois ruling raises questions about whether New Jersey's law would also be challenged.

Hospitals in other states looking to their state lawmakers to bring clarity to tax exemptions should be careful about how those laws are written, said Michael Meissner, a tax partner at Squire Patton Boggs.

“It would have been very easy to write a law that complied with the constitution and had the same provisions in,” Meissner said.

In Illinois, it's possible lawmakers will take another stab at writing the law if this week's ruling is upheld, Meissner said.

Meissner also said he doesn't expect challenges against hospitals' property tax exempt statuses to stop any time soon. Cities and counties, he said, “simply aren't deriving near as much revenue in property tax as we historically have so they're going after the largest targets in the areas.”

And Flynn said, “The litigiousness of the local governments over this issue continues to rise to an alarming level.”

In Illinois, five hospitals have applications for tax exemptions before the revenue department: Peoria-based Methodist Services Inc. (two applications), NorthShore University HealthSystem in Lake Forest, Mercy Hospital and Medical Center in Chicago and Swedish Covenant Hospital in Chicago.

The Associated Press contributed to this report
 
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