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TIGTA releases final report regarding TE/GE Division’s planning activities for the ACA

Posted on August 17, 2011 | No Comments

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The Treasury Inspector General for Tax Administration (TIGTA) recently performed an audit on the Affordable Care Act (ACA) and the the Health Care and Education Reconciliation Act of 2010. TIGTA performed the audit to review the Tax Exempt and Government Entities (TE/GE) Division’s initial planning activities for ACA implementation. The TIGTA review did not identify any concerns relating to the methodology the TE/GE Division is using to monitor and coordinate planning efforts.

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On July 7, 2011, the Treasury Department and the Internal Revenue Service (IRS) published a Notice and Request for Comments on a proposed policy regarding the Affordable Care Act’s new requirements related to tax exempt hospitals’ community health needs assessment (CHNA) obligations. Section 9007 of the Act added new Section 501(r) to the Internal Revenue Code, which delineates a series of statutory requirements, outlined in a previous implementation brief, applicable to nonprofit hospitals that seek tax-exempt status under Section 501(c)(3). The purpose of the Treasury/IRS Notice is to both describe the agencies’ approach to implementing hospital organizations’ CHNA obligations and to invite comments regarding their proposals. The CHNA requirements are effective for taxable years beginning after March 23, 2012. However, the Notice specifies that hospitals currently engaged in conducting CHNA-related activities -- including development and wide publication of a needs assessment and adoption of an implementation strategy -- can rely on the policies contained in the Notice as they move forward.
On July 7, 2011, the Treasury Department and the Internal Revenue Service (IRS) published a Notice and Request for Comments on a proposed policy regarding the Affordable Care Act’s new requirements related to tax exempt hospitals’ community health needs assessment (CHNA) obligations. Section 9007 of the Act added new Section 501(r) to the Internal Revenue Code, which delineates a series of statutory requirements, outlined in a previous implementation brief, applicable to nonprofit hospitals that seek tax-exempt status under Section 501(c)(3). The purpose of the Treasury/IRS Notice is to both describe the agencies’ approach to implementing hospital organizations’ CHNA obligations and to invite comments regarding their proposals. The CHNA requirements are effective for taxable years beginning after March 23, 2012. However, the Notice specifies that hospitals currently engaged in conducting CHNA-related activities -- including development and wide publication of a needs assessment and adoption of an implementation strategy -- can rely on the policies contained in the Notice as they move forward.
The Internal Revenue Service (IRS) has issued a notice and request for comment (RFC) on the community health needs assessment requirement, which was established by the Affordable Care Act (ACA). Part of a broader group of new rules and requirements for certain tax-exempt, 501(r) organizations, the community health needs assessment (CHNA) must be done every 3 years by the tax-exempt hospital. The CHNA must be made available to the public and include an "implementation strategy" that focuses on the particular health needs of the communities that these not-for-profit hospitals serve.
In Notice 2010-39, the Internal Revenue Service solicits comment on new requirements for tax-exempt hospitals under the health reform law.
Section 501(r) is Congress’ first attempt since 1969 to put more “teeth” into the exemption standards for tax-exempt hospitals. While well-meaning, the statute is poorly drafted and leaves the IRS in a difficult position of having to administer a statute with significant structural problems.