Tax-Exempt Hospitals and Health Systems
Waller Lansden's vast experience—gained throughout four decades of service to investor-owned healthcare companies—has become increasingly sought-after by nonprofit hospitals and health systems and other tax-exempt organizations in the healthcare industry. Waller Lansden is recognized as one of the nation's legal heavyweights by Modern Healthcare magazine, and we counsel tax-exempt hospitals and health systems throughout the country. Combining vast experience with a thorough understanding of complex regulatory issues, our healthcare practice is complemented by a broad range of national contacts both within the healthcare community and in related service areas.
In recent years, the tax-exempt healthcare community has faced heightened scrutiny from both the House Ways and Means Committee and the Senate Finance Committee as well as critical examinations conducted by the Internal Revenue Service, and Waller Lansden closely monitors these developments. We continue to develop and distribute advisory bulletins as events unfold. As a result of the emphasis on the financial transparency and sound governance practices within the nonprofit healthcare community, Waller Lansden has worked with a number of institutions to review evolving governance standards, including certain best practices inspired by the Sarbanes-Oxley Act. In addition, we are actively involved in The Governance Institute, a nationally recognized organization dedicated to improving both governance and performance at tax-exempt hospitals and health systems.
Representative Experience
- Waller Lansden represented a state medical college in its 50-year academic affiliation agreement with a for-profit hospital company that provides a long-term home for the institution’s residency program and ensures that funds appropriated by the state legislature would support the residency programs rather than be passed through to the for-profit owner of the hospital.
- Waller Lansden represented an Oklahoma faith-based hospital in its whole hospital joint venture with an investor-owned hospital system that will serve as a capital partner to provide additional financial resources to enhance and expand healthcare services.
- Representing a regional hospital district, we negotiated a joint venture agreement between the district and an investor-owned hospital company and a nonprofit hospital operator that will ultimately lead to the construction of a new 270-bed hospital with proceeds from the joint venture and sale of the existing hospital flowing to a new nonprofit organization that will support the general health of residents in the region.
- As lead counsel, we assisted a county-owned medical center in Mississippi to become the leading healthcare services provider in its region by advising in its acquisition of a hospital from a for-profit company.
- We provide ongoing healthcare regulatory counsel for a nonprofit continuing care retirement community concerning state licensure issues and healthcare operational matters.
- Waller Lansden represented a governmental agency in the sale of its home health agency and counseled a tax-exempt hospital in the sale of its home health agency.
- Waller Lansden represented a nonprofit senior living facility in is $16.8 million bond refinancing.
- We represent nonprofit healthcare providers—as well as universities, museums, trade associations, foundations and other nonprofit organizations—in entity formation, as well as obtaining and maintaining tax-exempt status, financing, licensure of intellectual property and executive compensation.
- We provide tax counsel to nonprofit healthcare providers on issues such as unrelated business income, bond financing, joint ventures, executive compensation, intermediate sanctions, acquisitions, sponsorships and major gift planning, property tax and charitable trusts.
- Waller Lansden represents nonprofit clients in audits and disputes with federal, state and local tax authorities.
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