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New Private Use Safe Harbors For Tax-Exempt Hospitals And Other Qualified Users: New Flexibility, New Restrictions, And Open Questions
New safe harbor guidelines released by the IRS are likely to have a significant impact on a variety of management and service contracts entered into by tax-exempt hospitals financed with tax-exempt bonds.
United States
9 Sep 2016
IRS Denies Tax-Exempt Status To Non-MSSP ACO
Earlier this month, the IRS released a denial of an exemption application for an accountable care organization ("ACO") outside of the Medicare Shared Savings Program ("MSSP") that was seeking exemption under section 501(c)(3).
United States
27 Apr 2016
CMS Makes Changes To The Stark Law: Addressing Payment Reform, Reducing Burden, And Facilitating Compliance
On November 16, 2015, the Centers for Medicare and Medicaid Services ("CMS") published a final rule with changes to the Hospital Outpatient Prospective Payment System...
United States
15 Dec 2015
OIG Cautions Physicians To Consider Compensation Arrangements Carefully
The Department of Health and Human Services, Office of Inspector General recently released a fraud alert cautioning physicians who enter into medical directorships and other compensation arrangements.
United States
18 Jun 2015
Congress Amends Gainsharing Civil Monetary Penalties And Commissions Further Study Of Gainsharing Arrangements
On April 16, 2015, President Obama signed into law the Medicare Access and CHIP Reauthorization Act of 2015 ("MACRA").
United States
29 May 2015
HHS Announces Next Generation ACO Model Of Payment And Care Delivery
Although there is no limit on the number of organizations that may participate in the Next Gen ACO Model, CMS is anticipating that only 15–20 will be selected for participation.
United States
8 Apr 2015
Protecting Your Hospital's Tax-Exempt Status: Compliance With The Affordable Care Act And Final IRS Section 501(R) Regulations
The Patient Protection and Affordable Care Act (the "Affordable Care Act") imposes four new requirements that Section 501(c)(3) "hospital organizations" operating "hospital facilities" must meet to keep their tax-exempt status.
United States
13 Mar 2015
HHS Announces New Payment Initiative Designed to Encourage Better Oncology Care
CMS will implement enhanced claims audits, complaint tracking, site visits, and other monitoring activities to ensure that access and quality of care are not compromised by participating practices.
United States
2 Mar 2015
OIG Seeks Comment On Recently Published Proposed Rule Expanding Anti-Kickback Safe Harbors
The federal Anti-Kickback Statute criminalizes the solicitation or payment of remuneration in order to induce business that is reimbursable under the Medicare and/or Medicaid programs.
United States
10 Oct 2014
Provena Covenant Medical Center v. Department of Revenue: Illinois Supreme Court Suggests New, Narrow Tests for Charity Care
On Thursday, March 18, 2010, the Illinois Supreme Court issued what will be a controversial opinion in the long-running saga of the Provena Covenant Medical Center real estate tax-exemption case in Illinois
United States
16 Apr 2010
IRS To Audit Colleges And Universities - A "Lesson Plan" On Preparing For The IRS
Last fall, the IRS distributed a compliance questionnaire to approximately 400 colleges and universities nationally.
United States
20 Aug 2009
Colleges And Universities: Is There Impending Interference With The Tax Preferences Applicable To Intercollegiate Sports?
In May 2009, the Congressional Budget Office of the Congress of the United States (the "CBO") released a report entitled "Tax Preferences for Collegiate Sports" (the "Report").
United States
16 Jun 2009
Illinois Attorney General Reaches Settlement With Diagnostic Centers In Connection With Alleged Violations Of Illinois Anti-Kickback, False Claims, And Consumer Fraud Laws
In a settlement reached in mid-January, MIDI, LLC and 14 Open Advanced MRI centers in Illinois have agreed to pay a total of $1.2 million and cease certain business arrangements with referring physicians in connection with alleged violations of Illinois anti-kickback, false claims, and consumer fraud laws.
United States
24 Mar 2009
IRS Launches College And University Compliance Project; Distributes Compliance Questionnaires
Last month, we prepared a Jones Day Commentary noting that the IRS was on the verge of distributing a compliance questionnaire to 400 colleges and universities nationally.
United States
13 Oct 2008
IRS To Send Questionnaires To 400 Colleges And Universities Nationwide
As part of its 2008 Work Plan, the IRS announced that its Exempt Organizations Compliance Unit would send compliance questionnaires to about 400 colleges and universities.
United States
1 Oct 2008
Stark On The Fast Track: Separate Rulemaking Threatens Many Common Deals
On July 2, 2007, as part of its proposed update for the 2008 Medicare Physician Fee Schedule, the Centers for Medicare and Medicaid Services ("CMS") proposed substantial changes to the Stark Law regulations and the performance standards for independent diagnostic-testing facilities ("IDTFs").
United States
30 Aug 2007
Best Practices In Nonprofit Governance: Dealing With "Voluntary" Reforms
Nonprofit governance reform was a focal point in the last Congress and may become one again. In the meantime, however, a recent IRS pronouncement may serve as a catalyst for voluntary reforms.
United States
26 Feb 2007
Multimillion - Dollar Tax on Excess Benefits Overturned
Although the excess benefit rules in Section 4958 of the Internal Revenue Code have been in effect for more than 10 years, very few of the assessments levied or threatened by the IRS have resulted in litigation.
United States
31 Jul 2006
IRS Mails Community Benefit Questionnaires
Last month, we prepared a Jones Day Commentary noting that the IRS was on the verge of distributing a community benefit questionnaire to 600 hospitals nationally.
United States
24 May 2006
Nonprofit Panel Releases Report on Transparency, Governance, and Accountability
On April 25, 2006, the Panel on the Nonprofit Sector released a supplement to its June 2005 report to Congress addressing transparency, governance, and accountability in the nonprofit sector.
United States
3 May 2006
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