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Nonprofit Newswire | No Special Tax Treatment for Nonprofit Hospitals in Mergers

Rick Cohen
June 25, 2010
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June 21, 2010; Source: Nonprofit Law Prof Blog | The intersection of a continuing bad economy and the impending impact of health care reform has spurred an increase in acquisitions and mergers.  The nonprofit hospital community contends that they should get favorable tax treatment during mergers because of their socially beneficial activities.

A review by a trio of University of Pennsylvania law and business scholars suggests that there is “no evidence that nonprofit hospitals are more likely than for-profit hospitals to provide more charity care or unprofitable services in response to an increase in market power.”  Consequently, they think that nonprofit hospital mergers should be treated no differently than other hospital mergers when it comes to antitrust considerations.

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Nonprofit hospitals might argue that they provide other kinds of services of community benefits—like public health education for one—beyond charity care and “unprofitable services,” and the new standards of national health insurance reform will be asking nonprofit hospitals exactly what they really do deliver as social benefit for their communities.—Rick Cohen

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About the author
Rick Cohen

Rick joined NPQ in 2006, after almost eight years as the executive director of the National Committee for Responsive Philanthropy (NCRP). Before that he played various roles as a community worker and advisor to others doing community work. He also worked in government. Cohen pursued investigative and analytical articles, advocated for increased philanthropic giving and access for disenfranchised constituencies, and promoted increased philanthropic and nonprofit accountability.

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