Health Care Reform Could Be Taxing for Hospitals

Health Care Reform Could Be Taxing for Hospitals

Health reform doesn't formally alter the tax code for health care providers, but the law could have an effect on tax exemption for not-for-profit hospitals as more people gain insurance coverage and hospitals' charity care spending decreases.

While the new health reform law maintains the tax code for hospitals, provisions expanding health insurance could reduce hospitals’ charity care costs and put their tax-exempt statuses in jeopardy.

Federal and local governments classify nearly 3,000 U.S. hospitals as not-for-profit, a status that generally allows such facilities to receive tax exemptions in exchange for providing “community benefit,” such as no-cost care.

Background on California Tax Exemptions

Roughly 220 not-for-profit hospitals in California benefit from tax exemptions that were worth $242 million in uncollected annual income and property tax, according to a December 2007 report from the California State Auditor.

To earn not-for-profit status in California, hospitals must submit an annual community benefit plan. They also must have profit margins of less than 10% or be able to prove that profits exceeding a 10% margin “are for specific purposes,” such as debt repayment, facility investments or reserves.

Although the profit margin threshold is unique to California, the state, like many others and the Internal Revenue Service, has not defined “community benefit.”

This uncertainty, and some hospitals’ high profits, prompted challenges to California hospitals’ taxable status in recent years. Assembly member Johan Klehs (D-Hayward) in 2005 proposed automatically classifying not-for-profit hospitals with operating margins over 10% as for-profit, which would have affected at least 15 not-for-profit hospitals.

Also that year, San Francisco officials separately pursued California Pacific Medical Center for back taxes, saying the hospital’s high operating margin — which ranged from 10.45% to 17% between 2001 and 2003 — may have disqualified the hospital from receiving the state’s not-for-profit property-tax exemption.

In 2008, Betty Yee, a key official on California’s Board of Equalization, proposed that hospitals spend at least 5% of their revenue on no-cost care to secure not-for-profit status.

Reform Brings New Focus

While these efforts and others largely failed in California, there is new attention on hospitals’ tax exemptions because of health reform, a key court case and a shifting economic climate.

As part of Congress’ health reform package, legislators weighed a “bright line” test: Hospitals would have to earn tax-exempt status by proving that a certain percentage of revenue was spent on community benefit.

This provision ultimately was dropped after hospital representatives won a broader deal, although several measures that made it into the law — such as a requirement that hospitals regularly assess the community’s health needs — will add scrutiny to hospitals’ not-for-profit status.

Moreover, as millions of uninsured residents are slated to enroll in public insurance programs — like Medi-Cal, California’s Medicaid program — beginning in 2014, hospitals’ charity care costs likely will be lower, eliminating a key argument for hospitals’ tax exemptions.

Regional Events Could Have Ripple Effect

While the effect of health reform on tax exemptions might not be known for years, a handful of regional events could have a more immediate impact. The Illinois Supreme Court last month ruled that state officials were justified in stripping Provena Covenant Medical Center of its property-tax exemption in 2003 because it provided too-little community benefit. Officials in Illinois and other states say they will use the case as precedent when determining hospitals’ tax exemptions.

Boston officials, meanwhile, are proposing that the city’s hospitals and other historically tax-exempt organizations increase their voluntary “payments in lieu of taxes,” or PILOTs, given the city’s budget woes. Pending the proposal’s outcome, other cash-strapped municipalities say they may institute or grow their own PILOT programs.

Not-for-profit hospitals in California may soon have a specific challenge from the state’s Board of Equalization, which in 2009 surveyed the facilities to see if they were earning their tax exemptions. Led by Yee, the board — which has authority to determine whether specific entities deserve not-for-profit tax status — is expected to release its report this spring.

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