Overview of Issue
For the over 500,000 organizations exempt from income taxation under the Internal Revenue Code (“IRC”), the Form 990 must be annually filed with the Internal Revenue Service (“IRS”). [Internal Revenue Service, Background Paper--Summary of Form 990 Redesign Process, (August 19, 2008), hereafter "Background Paper." ] The Form 990 is the main compliance tool for the IRS to review activities of tax-exempt organizations and enforce the tax laws that govern these organizations; it is also used by many states for their own oversight of tax-exempt organizations. [King, J. et al., Form 990 Disclosure Requirements Challenge Hospitals, Provide Opportunities; 21 Health Lawyer 3, February 2009.]
Until June 2007, when the IRS released for public comment a discussion draft of a redesigned Form 990, the document had not been substantially revised since 1979. [Id, at 3.] The IRS received approximately 700 emails and letters with comments, and incorporated many of the suggested changes and requested clarifications. [Internal Revenue Service, Overview of Form 990 Redesign for Tax Year 2008 (Dec. 20, 2007). ] The Internal Revenue Service released the final version of the redesigned Form 990 on December 20, 2007 to be used for the 2008 tax year. The IRS intends for the redesigned Form 990 to enhance transparency, promote compliance, and minimize filing burdens on organizations.
[IRS Releases Discussion Draft of Redesigned Form 990 for Tax-Exempt Organizations, IR-2007-117 (June 14, 2007) available at http://www.irs.gov/newsroom/article/0,,id=171329,00.html]
The IRS released draft instructions for the revised Form 990 on April 7, 2008 and after reviewing approximately 120 comments, published final instructions on August 19, 2008. The Form 990 now includes an eleven page core form, and sixteen schedules that are to be filled out depending upon the organization’s activities.
In November 2007, Steven T. Miller, Commissioner of Tax Exempt and Government Entities for the IRS described several forces that were reshaping the tax exempt sector. He noted several trends, including: the increased number of tax-exempt entities; the blurred line between the commercial and non-profit sectors; and the public perception of corruption within charitable organizations. The compliance program for the IRS has historically included customer education, determination programs for those seeking tax-exempt status, and examinations. Mr. Miller described the need for new components in the compliance program to handle problems within the sector, including lack of sufficient transparency and ways to measure the performance of a non-profit corporation. The two new components include developing a method to obtain and make available to the public information about the charitable sector, and to promote standards of good governance, management and accountability.
[Steven T. Miller, Commissioner, Tax Exempt and Government Entities, Internal Revenue Service, Before the Philanthropy Roundtable; The IRS’s Role in an Evolving Charitable Sector, (November 10, 2007), available at http://www.irs.gov/pub/irs-tege/philanthoropy_roundtable1107.pdf]
In order to be exempt from federal income tax liability under the IRC, a corporation must be organized and operated exclusively for one or more charitable purposes. [I.R.C. § 501(a) and (c).] Since 1942, organizations exempt from taxation under 501(a) have been required to file an informational return with the IRS unless they are subject to an express exception to this requirement. [I.R.C.§ 6033(a).] The Internal Revenue Code requires certain specific information on the annual return, such as gross income, and also provides for inclusion of other information necessary to carry out the purpose of the revenue laws as prescribed by the Secretary in forms or regulations. [I.R.C.§ 6033(a)(1).] The Treasury Regulations provide additional detail on reporting requirements, including payments to highly compensated employees, lobbying expenses, and information related to excess benefit transactions and disqualified persons. [26 C.F.R. § 1.6033-2.] Certain information from the return was first required to be made available to the public under the Revenue Act of 1950, and the availability to the public was expanded by the Taxpayer Bill of Rights of 1996. [Taxpayer Bill of Rights 2, 110 Stat 1452, 1475 (1996).]
The current Form 990 includes a core form, with schedules that are filed depending upon the type of organization and the organization’s activities, and detailed instructions for completing the form. [Background Paper, supra, at 1.] Certain information requested in the Form 990 is required for the 2008 tax year, while other sections are not required until the 2009 tax year in order to give organizations the time to properly gather the information for reporting purposes.
The eleven page core form (“Core Form”) must be completed by all filing organizations, and includes eight parts. [Internal Revenue Service, Background Paper-Forms 990, Moving From the Old to the New, at 1 (August 19, 2008); hereafter “Moving From the Old to the New.” ]
Parts I and II of the Core Form are intended to provide a broad overview of the organization’s key financial, governance, and operational information, including a two-year comparison of financial results. [Id, at 8.] Part I, Summary, includes information regarding the organization’s mission, activities, and current and prior years’ financial results, and Part II, Signature Block, is the signature of the organization’s officer and the paid preparer (if applicable). The Form 990 did not previously contain a summary of the information included in Part I. [Moving From the Old to the New, supra note 17, at 8.]
In Part III, Statement of Program Service Accomplishments, the organization must report its new, ongoing, and discontinued exempt purpose achievements and related revenue and expenses. [Form 990 (2008), Instructions for Part III, Statement of Program Service Accomplishments.]
Part IV, Checklist of Required Schedules, is designed to ask organizations questions in order to determine which schedules they must submit as part of the Form 990. [Form 990 (2008), Instructions for Part IV, Checklist of Required Schedules.]
Part V, Statements Regarding Other IRS Filings and Tax Compliance, is designed for the organization to report its compliance with other federal tax reporting and substantiation requirements. This Part is also intended to give organizations notice of its other federal tax filing obligations beyond completing the Form 990, and to provide the IRS with federal tax compliance information in one place. [Moving From the Old to the New, supra, at 12.]
Part VI, Governance, Management and Disclosure, is a new section on the Form 990 that is intended to generally improve tax compliance by providing insight into an organization’s governance structure, policies and practices. Several questions in this section were previously asked on the Form 990 in several different sections, but they are now consolidated into this one part of the Core Form. [Moving From the Old to the New, supra, at 12.]
The Glossary contains important definitions applicable to this section, including: governing body, voting member, independent voting member, officer, director/trustee, key employee, family relationship, business relationship, and conflict of interest policy. There is a three part test to determine whether someone is an independent voting member. [Form 990 (2008), Glossary, Independent Voting Member of Governing Body.] This test looks at whether the person or family member has an employment or independent contractor relationship with the organization or a related organization, or is involved in a transaction or relationship that is reportable (or would be reportable by a related organization if it filed the Schedule L) on Schedule L. For many organizations, the new reporting requirements under this section will require gathering additional information from previous years. The instructions include a “reasonable efforts” requirement for organizations, which should aide organizations in making determinations on the extent of its efforts to obtain the information. [Form 990 (2008), Instructions for Part VI, Governance, Management and Disclosure.]
Part VII, Compensation of Officers, Directors, Trustees, Key Employees, Highest Compensated Employees, and Independent Contractors. In Section A, organizations must list all of their current officers, directors, and trustees, as well as the top twenty highest paid key employees who received over $150,000, and the top five other highest compensated employees who received over $100,000 during the year covered by the form. This section also requires reporting of all individuals who have held these positions in the past five years. Any compensation paid to these individuals must be reported. [Form 990 (2008), Instructions for Part VII, Compensation of Officers, Directors, Trustees, Key Employees, Highest Compensated Employees, and Independent Contractors.]
There are several important definitions in the Glossary of the Form 990 that are relevant to Part VII of the Core Form. An officer is defined as the organization’s top management official and top financial official, and those determined to be officers based upon state law. A director or trustee is generally determined by reference to the organization’s governing documents and state law. [Moving From the Old to the New, supra, at 17] There are three elements that determine if an employee is defined as a key employee under the Form 990. The employee would be considered a “key employee” if he/she received over $150,000 in compensation from the organization in the calendar year, the employee had some responsibility over the entire organization or over at least 10% of the organization’s activities, and is one of the organization’s twenty employees with the highest reportable compensation from the organization. [Id., at 27.]
In Section B, the organization must list the five highest paid independent contractors that received more than $100,000 from the organization, and the compensation paid to those independent contractors. The Form 990 now specifically requires reporting of compensation from unrelated organizations to persons for services rendered to the filing organization pursuant to an arrangement that the filing organization knows exists. This requirement is intended to address compensation arrangements structured to avoid reporting of executive compensation paid by the filing organization and its related organizations. [Id., at 19.] The additional information is designed to aid in administering laws related to inurement, exempt purpose, and private benefit. [Id., at 2.] For those listed in Part VII where the level of compensation exceeds certain amounts, more detailed compensation information must be reported on Schedule J, Compensation Information. The compensation reported under Part VII, as well as Schedule J, is based on the calendar year, and so it will correspond with the W-2 or 1099-MISC forms. While the Form 990 previously required some of this information, it is now consolidated into one section and is intended to provide more uniform information from the filing organizations. The revisions to the Form 990 for the 2008 tax year also extend the requirement to report the five highest compensated employees and five highest compensated independent contractors that was previously only required of organizations described in section 501(c)(3) and 4947(a)(1) to all filing organizations.
Part VIII, Statement of Revenue, Part IX, Statement of Functional Expenses, and Part X, Balance Sheet, are the financial statements of the organization for federal tax purposes. On Part XI, Financial Statements and Reporting, the organization reports information regarding its accounting methods and its compiled, reviewed, or audited financial statements. [Form 990 (2008), Instructions for Part XI, Financial Statements and Reporting.]
Schedule A: Public Charity Status and Public Support
Schedule A is intended to emphasize reporting of the organization’s public charity status and satisfaction of public support tests. [Moving From the Old to the New, at 25.] This schedule previously included such topics as certain compensation information, lobbying activities, and transactions with non-charitable exempt organizations, but these items have now been moved to other sections of the form. [Id., 25-26.]
Schedule B: Schedule of Contributors
A 501(c)(3) organization must report on Schedule B information regarding its contributors and contributions, including the contributor’s name, aggregate contributions, the type of contributions, and description of property if it is a non-cash contribution. [Form 990 (2008), Instructions for Schedule B, Schedule of Contributors. ] Schedule B remains unchanged from the previous Form 990.
Schedule C: Political Campaign and Lobbying Activities
The Form 990 has now consolidated the questions surrounding political campaign and lobbying activities into one schedule. Schedule C must be filled out by organizations that conduct political campaign activities, 501(c)(3) organizations that engage in lobbying activities, and organizations subject to section 6033(e) notice and reporting requirements and proxy tax. [Form 990 (2008), Instructions for Schedule C, Political Campaign and Lobbying Activities.]
Schedule D: Supplemental Financial Statements
The Form 990 previously required attachment of various financial statements from filing organizations, and they were not displayed in the form itself or on a schedule. The Form 990 now consolidates the reporting into one place and has standardized how the information is reported, which is intended to increase compliance and standardize reports received from filing organizations. [Moving From the Old to the New, at 31.] Schedule D includes reporting requirements for donor advised funds, conservation easements, organizations maintaining collections of art or similar assets, escrow or custodial arrangements, endowment funds, investments, and reconciliation of audited financial statements. [Form 990 (2008), Instructions for Schedule D, Supplemental Financial Statements.]
Schedule E: Schools
Organizations that are a school, as described in IRC Section 170(b)(1)(A)(ii), must complete Schedule E. Section 170(b)(1)(A)(ii) describes an educational organization with regular faculty and student body where educational activities occur. [Form 990 (2008), Instructions for Schedule E, Schools.] The questions remain unchanged from those asked on Schedule A prior to 2008. [Moving From the Old to the New, at 33.]
Schedule F: Statement of Activities Outside the United States
The Form 990 now requires detailed reporting of activities exempt organizations conduct outside the United States, including specific questions about fundraising, grant-making, unrelated trade or business, or exempt activities conducted outside the United States. Organizations must also report information about any accounts, offices, employees, or other agents they have outside the United States. [Form 990 (2008), Instructions for Schedule F, Statement of Activities Outside the United States.]
Schedule G: Supplemental Information Regarding Fundraising or Gaming Activities
Schedule G requires reporting of professional fundraising services if the organization spends more than $15,000 on professional fundraisers, as well as fundraising events and gaming activities if the organization receives more than $15,000 for these activities. Schedule G replaces the previous requirement of attachments to provide this information, and also adds specific questions to collect information about professional fundraising, special events and gaming activities. [Moving From the Old to the New, at 36.]
Schedule H: Hospitals
Schedule H is a new schedule for the 2008 tax year that must be completed by organizations that operate one or more facilities licensed, registered, or otherwise recognized by state law to be a hospital. The IRS has stated that it intends to have Form 990, particularly Schedule H, play a role in the evaluation of the community benefit standard for tax exempt hospitals, and the data requested of institutions is designed to provide the public, Congress, the IRS, the States, and others with information to make more informed decisions related to the community benefit standard.
[Steven T. Miller, Commissioner, Tax Exempt and Government Entities, Internal Revenue Service, Community Benefit and Nonprofit Hospitals, Full Text of Remarks Before the Office of the Attorney General of Texas, Austin Texas, Charitable Hospitals: Modern Trends, Obligations and Challenges, at p. 9 (January 12, 2009), available at http://www.irs.gov/pub/irs-tege/miller_speech_011209.pdf.]
Therefore one of the goals of Schedule H is to provide a clear set of standards for measuring such a benefit. These standards include the types of activities that are reportable as community benefit, that the benefit be reported at cost rather than charges, and that the benefits are reported by employer identification number rather than by hospital or system. [Id.] IRS Commissioner Douglas Shulman, has stated that the new Schedule H should enable hospitals to justify their tax exempt status by reporting how they promote the health of their communities.
[Remarks of Douglas Shulman, Commissioner of Internal Revenue, before Independent Sector (November 10, 2008), available at http://www.irs.gov/newsroom/article/0,,id=188567,00.html.]
Schedule H requires aggregate information from the filing organization for any hospital that it directly operates, hospitals that are operated by disregarded entities (entities wholly owned by the organization that are not a separate entity for Federal tax purposes) for which it is the sole member, any hospitals operated by a joint venture taxed as a partnership to the extent of its proportionate share of the joint venture, and other facilities or programs. [Form 990 (2008), Instructions for Schedule H, Hospitals.] Schedule H is divided into several parts, most of which are optional for the 2008 tax year, but they will all be required for the 2009 tax year.
There are several items that must be reported on Schedule H, which have not been established to be included as community benefit. [Miller, supra, at 10.] These items include bad debt, the unreimbursed cost of Medicare, and community-building activities. The IRS has stated that the benefits of Schedule H are intended to be increased transparency, and compliance, and not to create a bright line standard for determining whether a hospital should be tax exempt.
Part I: Charity Care and Certain Other Community Benefits at Cost (Optional for 2008)
Part I requires reporting of the organization’s charity care policies, the availability of community benefit reports, and the cost to the organization for charity care and other community benefit programs. [Instructions for Schedule H, supra.] There are seven specific categories of community benefit that can be reported: charity care at cost, unreimbursed Medicaid and other means-tested government programs, community health improvement services and community benefit operations, health professions education and training, subsidized health services, research, and cash and in kind contributions to community groups. [Instructions for Schedule H, supra.]
Part II: Community Building Activities (Optional for 2008)
Organizations would report in Part II those activities that they are engaged in which protect or improve the community’s health or safety that can not be reported on Parts I and III of this Schedule. If an organization reports information in this part, it must describe how the activities promote the health of the community it serves in Part VI. [Instructions for Schedule H, supra.]
Part III: Bad Debt, Medicare & Collection Practices (Optional for 2008)
In Part III organizations must report any aggregate bad debt expense and Medicare shortfalls at cost. The Medicare shortfall reporting is limited to expenses reportable on Medicare cost reports. [Instructions for Schedule H, supra.]
Part IV: Management Companies and Joint Ventures (Optional for 2008)
Joint venture and management companies in which any of the organization’s officers, directors, trustees, key employees, and medical staff or employed physicians have an aggregate ownership interest of over 10% in the entity must be reported in Part IV. [Instructions for Schedule H, supra.]
Part V: Facility Information (Required for 2008)
Part V must be completed by providing information about each facility that is licensed, registered, or similarly recognized as a health care facility under state law, regardless of whether the facility is operated directly or indirectly by the organization. [Instructions for Schedule H, supra.]
Part VI: Supplemental Information (Required for 2008)
Filing organizations must use this part to provide information relevant to determining how the organization serves its communities, including community needs assessments, patient education about eligibility for charity care and government assistance programs, and descriptions which supplement responses to the other parts of the schedule. [Instructions for Schedule H, supra.]
Schedule I: Grants and Other Assistance to Organizations, Governments and Individuals in the U.S.
Schedule I consolidates unstructured attachments that were previously required for reporting grants made and assistance provided to individuals and organizations. Organizations must report grants and other assistance provided directly or indirectly by the organization to other organizations, governments, and individuals. [Form 990 (2008), Instructions for Schedule I, Grants and Other Assistance to Organizations, Governments and Individuals in the U.S.]
Schedule J: Compensation Information
This schedule is intended to provide more information related to the organization’s compensation practices, including the current and former directors, trustees, officers, key employees, and highest compensated employees that are disclosed in Part VII of the Core Form.
Part I, Questions Regarding Compensation, asks questions regarding certain benefit or expense arrangements, whether the organization has payment/reimbursement policies and substantiation requirements, and the methods used to establish compensation of the organization’s top management official. 501(c)(3) and (c)(4) organizations are also required to report information regarding any contingent payment arrangements and certain payments that fall under the initial contract exception described in the treasuring regulations as including reimbursements for reasonable expenses of attending meetings of the governing body, economic benefits provided to a disqualified person solely as a member of, or volunteer for the organization, and economic benefits provided to a disqualified person as a member of a charitable class. [See Treas. Reg. 53.4958-4.]
Part II, Officers, Directors, Trustees, Key Employees, and Highest Compensated Employees, requires detailed compensation information for each individual whose compensation must be reported in Schedule J and who are listed in Part VII of the Core Form. [Instructions for Schedule I, supra.]
Schedule K: Supplemental Information for Tax Exempt Bonds
Organizations must provide information regarding outstanding liabilities associated with tax-exempt bond issues on Schedule K of the Form 990. This includes information regarding the bond issues, which is required to be reported for the 2008 tax year, while information regarding proceeds, arbitrage, and private business use are optional sections to report on for the 2008 tax year. [Form 990 (2008), Instructions for Schedule K, Supplemental Information for Tax Exempt Bonds.]
Schedule L: Transactions with interested persons
Schedule L requires organizations to report certain types of relationships or transactions with interested persons, including excess benefit transactions, loans to and from interested persons, grants or assistance benefiting interested persons, and other business transactions involving interested persons. Each part of this schedule has a different definition of an interested person.
Part I, Excess Benefit Transactions. Organizations must report on any excess benefit transaction with a disqualified person, which includes identifying the interested (disqualified) person and any organization managers that participated in the transaction knowing that it was an excess benefit, describing the transaction, and whether or not the transaction has been corrected. [Form 990 (2008), Instructions for Schedule L, Transactions with Interested Persons.]
I.R.C. § 4958 was enacted to impose sanctions in the form of excise taxes on individuals who receive excessive economic benefits from a tax exempt organization. [Brauer & Henzke, Intermediate Sanctions (IRC 4958) Update, 2003 EO CPE Text.] An excess benefit generally occurs when a tax-exempt organization directly or indirectly an economic benefit to a disqualified person that exceeds the value of the consideration received by the organization for providing the benefit. [26 C.F.R. § 53.4958-(c)(1)(A); see also Form 990 (2008) Glossary.] A disqualified person is any person who was in a position to exercise substantial influence over the activities of an organization at any time during the five-year period ending on the date of the transaction. [26 C.F.R. § 53.4958-3(a)(1); see also Form 990 (2008) Glossary.]
Part II, Loans to and From Interested Persons. This section requires reporting of any loans, including salary advances, to interested persons that are still outstanding at the end of the organization’s tax year.
Part III, Grants or Assistance Benefiting Interested Persons. In this part of Schedule L an organization must report each grant or other assistance, including goods, services, or facility use, provided by the organization to any interested person during the organization’s tax year. An organization is required to use reasonable efforts to obtain this information. The Instructions provide the example of using an annual questionnaire as a reasonable effort. [Form 990 (2008) Instructions for Schedule L, Transactions with Interested Persons.]
Part IV, Business Transactions Involving Interested Persons. In Part IV an organization must report business transactions between the organization and an interested person where payments were made during the organization’s tax year, if the transactions exceed certain reporting thresholds. Organizations must report transactions if the payments during the tax year between the organization and the interested person exceeded $100,000, if all of the payments during the year from a single transaction exceeded the greater of $10,000 or 1% of the filing organization’s total revenues, or if compensation payments made by the organization to a family member of certain persons exceeded $10,000.
Schedule M: Non-cash contributions
Organizations that report receiving more than $25,000 of aggregate non-cash contributions or report contributions of art, historical treasures, or other similar assets, or qualified conservation contributions must fill out Schedule M. This schedule requires information regarding the types of property, the number of contributors, the revenues reported for that property, and the method of determining the revenues.
Schedule N: Liquidation, Termination, Dissolution or Significant Disposition of Assets
If the organization sells, exchanges, disposes of, or transfers more than 25% of its net assets, it must fill out Schedule N to report information about the major disposition of assets by the organization. The IRS has expanded reporting requirements in order to provide information regarding whether the organization’s assets are used for exempt purposes following termination, a conversion of an exempt organization into a for-profit corporation, a significant disposition of assets, and similar transactions. [Form 990 (2008), Instructions for Schedule N, Liquidation, Dissolution or Significant Disposition of Assets.]
Schedule O: Supplemental Information to Form 990
Schedule O is used for organizations to describe or explain responses to questions on the Core Form or the schedules. Certain responses throughout the Form 990, including several Part VI questions, will require the organization to provide additional detail on Schedule O. Organizations can also choose to supplement any information provided on the Form 990 using this schedule.
Schedule R: Related Organizations and Unrelated Partnerships
Schedule R requires reporting of information regarding the organization’s relationships with related organizations, including certain transactions, and on certain unrelated partnerships through which the organization conducts significant activities. A related organization includes those with the following relationships with the filing organization: a parent organization which controls the filing organization, a subsidiary that is controlled by the filing organization, an organization controlled by the same person or persons that control the filing organization, a supporting organization of the filing organization.
Part I, Identification of Disregarded Entities, requires an organization to report information regarding entities that are wholly owned by the organization that is not a separate entity for Federal tax purposes, which are defined as disregarded entities for the Form 990. [Form 990 (2008), Instructions for Schedule R, Related Organizations and Unrelated Partnerships. ]
Parts II through IV requires reporting of information regarding related organizations that are tax-exempt organizations, taxable as a partnership, and taxable as a corporation or trust. Part V, Transactions with Related Organizations, requires information regarding various transactions with a related organization. Part VI, Unrelated Organizations Taxable as a Partnership, requires reporting information regarding organizations that are unrelated to the filing organization but is treated as a partnership for federal tax purposes, the filing organization was a partner or member of the unrelated partnership during the tax year, and the filing organization conducted more than 5% of its activities through the unrelated partnership. [Id.]
Common Areas of Concern
Part VI of the Core Form asks the organization for information about the organization’s governing body, including its composition and independence, and the organization’s governance policies and procedures. [69Form 990 (2008), Instructions for Part VI, Governance, Management and Disclosure. ] This includes requiring a description of internal processes for reviewing the Form 990 before its filing with the IRS, as well as whether or not the board members review the Form 990 before it is filed. The IRS has emphasized the need for tax-exempt organizations to have in place good governance practices. [Remarks of Steven T. Miller, Commissioner, Tax Exempt and Government Entities, Internal Revenue Services, Western Conference on Tax Exempt Organizations, Los Angeles, California, Nonprofit Governance, (November 20, 2008), available at http://www.irs.gov/pub/irs-tege/stm_loyolagovernance_112008.pdf.]
Therefore, although the federal tax law does not mandate particular governance policies and procedures, the IRS feels strongly that good governance is an important element in ensuring tax compliance. [Part VI Instructions, supra.] Steven Miller has stated that independent board members increase the likelihood that the board’s decisions are made in the best interest of the organization and the community, and that the composition of boards would remain a focus of the efforts of the IRS. [Miller, supra, at 5.] Now when it conducts an examination of an organization the IRS will also attempt to determine whether any governance practices may have had an impact on the organization’s compliance because it believes that the lack of appropriate policies and procedures may lead to excess benefit transactions, inurement, or other activities that are not consistent with the organization’s exempt status. [Id., at 7.] The Form 990 instructions do recognize that there is no one-size-fits-all approach, and that an organization should consider its own facts and circumstances, including its size and culture, when considering whether to revise its policies and practices in order to achieve sound operations and compliance with the tax laws. [Background Paper-Summary of Form 990 Redesign Process, supra, at 3. ] The questions asked in Part IV of the Core Form provide organizations with guidance as to what the IRS finds to be “best practices” in governance for tax exempt organizations. [King, at 4.]
Tax-exempt organizations required to complete the redesigned Form 990 for the 2008 tax year will be required to compile information it has never had to collect before. As a result, they may evaluate their policies and practices surrounding the size and role of their governing bodies, their community benefit reporting, and other areas that will now be available each year to the IRS and the public through reporting on the Form 990.
AHLA thanks Bridget K. Cougevan, Esq. of the Cleveland Clinic for her hard work in assembling the initial content for this article.