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2011 IRS Guidance on Accountable Care Organizations

irs guidanceMany questions surround the creation and implementation of accountable care organizations ("ACOs").  Included in these questions were concerns about the tax implications of an exempt non-profit organization in joining an ACO.  In 2011, the Internal Revenue Service ("IRS") was active in providing guidance on that issue.  Specifically, the IRS addressed issues related to inurement or impermissible private benefit that arise from a tax-exempt organization's participation with an ACO.  It also considered the unrelated business income tax implications for the receipt of shared savings by an exempt organization.

In addition, the IRS provided welcome clarification and guidance concerning the appropriate legal structure for ACOs.  For a more detailed discussion on the IRS' steps in dealing with ACOs, please review our recent Health Care Law Update article.

As ACOs transition from a theoretical concept to an actual, practicing organization, we will doubtless see additional guidance and regulations.  The health care law attorneys at Foster Swift will remain dedicated to updating health care providers on the relevant regulations and assisting them with their implementation.

Categories: Accountable Care Organizations, Health Care Reform, Hospitals, Physicians, Tax

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With a business-minded approach, and service-oriented delivery, Mindi helps clients navigate challenges and solve problems in the areas of employee benefits law and health care law. Mindi has spoken and written extensively on employee benefits, health care reform, and health care law topics, and is actively involved in a number of legal, professional and industry organizations focused on these issues.

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Best Lawyers® 2021

Congratulations to the attorneys of the Health Care practice group at Foster Swift Collins & Smith, PC for their inclusion in the Best Lawyers in America 2021 edition. Firm-wide, 44 lawyers were listed. Best Lawyers lists are compiled based on an exhaustive peer-review evaluation and as lawyers are not required or allowed to pay a fee to be listed; inclusion in Best Lawyers is considered a singular honor. Health Care practice group members listed in Best Lawyers are as follows:

To see the full list of Foster Swift attorneys listed in Best Lawyers 2021, click here.