Benefits Law Update
        Practical advice from Verrill attorneys

        Double Dose of Relief for Non-Profit Hospitals and Certain Insurance Companies Under Health Care Reform

        by Eric D. Altholz on June 15, 2011

        Over the past week the IRS has doled out a double dose of relief for non-profit hospitals and health insurance organizations that were facing reporting and compliance deadlines created by the Affordable Care Act: (1) delayed reporting of community care/community benefit activities by tax-exempt hospitals; and (2) temporary reprieve for certain insurance companies from tax penalites associated with failure to meet the minimum medical loss ratio requirement. IRS Notice 2011-51 and Announcement 2011-37 came as welcome news to affected health insurance companies and non-profit hospitals, and provide further evidence that neither government agencies nor health care organizations are as far along as they’d hoped to be in complying with the requirements of health care reform.

        Community Care/Community Benefit Activities

        The Affordable Care Act added new Code Section 501(r), which creates an obligation for non-profit hospitals to:

        • Conduct a community health needs assessment at least once every 3 years;
        • Develop written emergency care standards that ensure all patients get emergency care on an equal basis;
        • Limit the fees charged to patients who need financial assistance; and
        • Determine whether a patient is eligible for financial help before resorting to more aggressive tactics to collect unpaid bills.

        Hospitals are required to initiate these “social responsibility” activities beginning in 2010 and were supposed to report on them on Schedule H of Form 990. Though hospitals must still undertake these activities on a current basis, Announcement 2011-37 provides that Schedule H’s Part V.B, used to report on policies and practices required by new Code Section 501(r), will be optional for the 2010 tax year. (All other sections of Schedule H must be completed.) This is intended to give hospitals more time to familiarize themselves with the kind of information the IRS seeks to collect and to address any ambiguities arising from the extensive revisions of the form and instructions.

        According to the Announcement, the IRS welcomes comments on “how to improve the clarity and reduce the burden” of the reporting obligation. (You can find details on how to submit comments on p. 46 of the instructions to the 2010 Form 990.)

        Medical Loss Ratio Requirements

        The Affordable Care Act requires health insurers to spend at least 85% of large group premiums and 80% of individual and small group premiums on health care and quality improvement efforts. Insurance companies that fail to meet the medical loss ratio requirement must send rebates to customers. Additionally for certain non-profit health insurance companies, those having the attributes described in Code Section 833(c) to be precise, a failure to meet the medical loss ratio requirement (by spending at least 85% of premium revenue on health care and quality improvement efforts) results in the loss of sizeable federal tax deductions. These deductions are designed to mitigate the negative financial impact of high claims costs (and related expenses) that exceed a company’s adjusted surplus for the year. The punitive loss of the deduction had first been slated to go into effect for an affected organization’s first taxable year beginning after December 31, 2009. Last fall the IRS delayed enforcement of this requirement until an affected organization’s first taxable year beginning after December 31, 2010. Now Notice 2011-51 pushes the enforcement date out to the first taxable year beginning after December 31, 2011.

        Benefits Law Update

        Verrill’s Benefits Law Update blog delivers timely insights and practical guidance on the ever-evolving landscape of employee benefits and executive compensation. Our blog provides up-to-date analysis and commentary on a wide range of topics, including timely updates on developments in law affecting employee benefit plans and executive compensation arrangements.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Alerts and Newsletters

        Maine’s New Employer Surveillance Law, 26 M.R.S. § 620-A

        Effective July 14, 2026 Maine employers that electronically monitor employees must comply with a new disclosure law effective July 14, 2026. Under...
        Press Releases

        Verrill Recognized by U.S. News as One of the Best Law Firms to Work for in 2026

        BOSTON, Mass., BANGOR and PORTLAND, Maine, GREENWICH and WESTPORT, Conn., – Verrill has been featured on U.S. News’ 2026 Best Companies to Work...
        Blog

        SECURE 2.0 Roth Catch-Up Rules and the 403(b) 15-Year Catch-Up: What Tax-Exempt Employers Need to Know

        Tax-exempt employers whose 403(b) plans offer catch-up contributions for participants age 50 and above should be well on their way to compliance with...
        Media Mentions

        Robert Keach Quoted in Law360 on SIMAD Summer Camp Bankruptcy Sale

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the Chapter 11 bankruptcy proceedings involving SIMAD Holdings and...
        Media Mentions

        Chris Tsouros Featured in Law360’s Coverage of Sports Real Estate Deals

        Verrill Partner Chris Tsouros was recently recognized in a Law360 article highlighting law firms involved in significant sports real estate projects...
        Blog

        What Maine’s New Employer Surveillance Law Means for Maine Employers

        Maine employers who monitor their workforce, whether through productivity software, GPS, call recording, or cameras, have a new compliance obligation...
        Blog

        Run Don’t Walk: The Implication of “While Supplies Last” Prize Promotions

        This month a big-chain grocery store has been offering daily mystery boxes during specific timed drops on a first-come, first-served basis, to users...
        Blog

        Maine’s Noncompete Statute is Reshaped for Health Care Workers: What You Need to Know

        Employers of individuals who are licensed under state law to perform, or provide, health care services in the State of Maine should be prepared for...
        Media Mentions

        Steven Davis Featured in the Environmental Business Journal

        Steven Davis, President of Verrill Strategic Consulting, was recently interviewed and featured in the Environmental Business Journal, Volume 39...
        Blog

        What is a Bonus for Purposes of ERISA?

        An ongoing dispute about a Department of Labor advisory opinion published last September raises a basic but unanswered question under the ERISA: What...
        Media Mentions

        Verrill Recognized by WMTW for Partnership Supporting Hunger Relief in Maine

        Verrill was recently featured in coverage by WMTW News 8 for its role in a collaborative effort to combat food insecurity across southern...
        Press Releases

        33 Verrill Attorneys, Across Four Offices, Recognized in the 2026 Chambers USA Guide

        BOSTON, Massachusetts, PORTLAND, Maine, WESTPORT, Connecticut, and WASHINGTON, D.C. – Verrill has been recognized as a Leading Firm in 14...