ABSTRACT
How your board addressed King v. Burwell offers insight into its risk oversight role.
Subject(s)
Governing Board , Risk Management/legislation & jurisprudence , Hospital Administration , Professional Role , Supreme Court Decisions , United StatesABSTRACT
Use this checklist to ensure that the newly merged organization thrives.
Subject(s)
Checklist , Efficiency, Organizational , Health Facility Merger/organization & administration , HumansABSTRACT
The general counsel can find himself in awkward situations with a dual reporting relationship. The board must maintain the integrity of the office.
Subject(s)
Governing Board , Hospital Administration/legislation & jurisprudence , Interprofessional Relations , Lawyers , United StatesABSTRACT
Finance: the board has a basic obligation to understand its financial oversight responsibilities.
Subject(s)
Financial Management, Hospital , Governing Board , Professional Role , United StatesABSTRACT
Governance of tax-exempt organizations is a key factor in the new IRS Form 990.
Subject(s)
Documentation , Governing Board , Taxes/legislation & jurisprudence , Hospital Administration , United StatesABSTRACT
In light of the increased attention the IRS is paying to not-for-profit organizations, healthcare financial managers should stay alert to developments regarding: community benefit standard, executive compensation, corporate governance, transparency and form 990, political activity.
Subject(s)
Financial Management, Hospital/organization & administration , Guideline Adherence , Hospitals, Voluntary/economics , Taxes/legislation & jurisprudence , Hospitals, Voluntary/legislation & jurisprudence , United StatesSubject(s)
Governing Board/standards , Organizations, Nonprofit/organization & administration , Professional Competence , Trustees/standards , Codes of Ethics , Conflict of Interest , Governing Board/ethics , Hospitals, Voluntary/ethics , Hospitals, Voluntary/organization & administration , Humans , Organizations, Nonprofit/ethics , Trustees/ethics , United StatesABSTRACT
In the wake of the Sarbanes-Oxley Act regulations that govern the public company sector, standards are emerging to assure that nonprofit corporate boards are maintaining appropriate levels of independence. This Article provides a summation of the current trends in the development of independence standards for nonprofit corporate governance, from both tax and corporate law perspectives. The authors consider independence standards for nonprofit boards of governance and discuss the evolution of independence standards as they relate to the duty of good faith, and the distinction between independence and conflicts of interest. The authors also seek to examine the evolution of current federal regulations and study state models that have been successfully implemented to insure the independence of nonprofit corporations. Finally, the authors propose a set of core guidelines to be considered when addressing board and committee independence issues.
Subject(s)
Governing Board , Organizations, Nonprofit/legislation & jurisprudence , Organizations, Nonprofit/organization & administration , Professional Autonomy , United StatesABSTRACT
Not-for-profit healthcare providers have several options they can use to resist government attempts to apply the charitable trust doctrine to their business decisions. As a strategic defense, providers should perform internal due diligence that focuses on governing documents, financial arrangements, donations/solicitation, real estate, and charitable waste allegations.
Subject(s)
Charities/legislation & jurisprudence , Financial Management, Hospital , Hospitals, Voluntary/economics , Aged , Charities/economics , Financial Audit , Health Insurance Portability and Accountability Act , Hospital Charges , Hospitals, Voluntary/legislation & jurisprudence , Humans , Medicaid , Medicare , Tax Exemption , United StatesABSTRACT
The executive compensation committee walks a fine line between providing competitive executive pay and risking regulatory scrutiny. Here's how you can keep your balance.
Subject(s)
Chief Executive Officers, Hospital/economics , Employee Incentive Plans/standards , Governing Board/organization & administration , Governing Board/standards , Leadership , Organizational Culture , Organizational Objectives , Professional Role , Social Responsibility , United StatesABSTRACT
A direct outgrowth of the Sarbanes-Oxley Act, best practices in corporate governance strengthen board independence, provide a framework for ethical decision-making and enhance compliance with state and national regulations.
Subject(s)
Governing Board/organization & administration , Guidelines as Topic , Hospitals, Voluntary/organization & administration , Social Responsibility , Benchmarking/ethics , Chief Executive Officers, Hospital , Decision Making, Organizational , Ethics, Institutional , Governing Board/ethics , Guideline Adherence , Hospitals, Voluntary/ethics , Interprofessional Relations , Leadership , Power, Psychological , Trustees/standards , United StatesABSTRACT
The current corporate responsibility environment has prompted interested stakeholders, including legislators and state charity law officials, to more closely evaluate what constitutes the proper exercise of the "duty of care" by the director of a nonprofit corporation. The authors review recent developments affecting duty-of-care obligations and conclude that corporate responsibility and related concepts are likely to require directors to give greater consideration to the exercise of their "oversight" obligations as subsumed within the duty of care. The Article identifies a number of recent instances in which state charity law officials and other third parties have raised issues associated with the proper exercise of directors' oversight obligation, and concludes that directors of nonprofits will require greater counseling on their duty-of-care obligations in order to reduce their liability profile in an increasingly contentious environment.
