Compensation seen as high—but permissible—at not-for-profits, says IRS official PDF Print E-mail
Modern Healthcare, January 13, 2009 - Although executive compensation was legally “reasonable” at nearly all of the not-for-profit hospitals singled out for review by the IRS, the salaries may still raise some eyebrows.

“Compensation was pretty high, and while permissible under current law, I wonder how it will be received in the court of public opinion,” said Steven Miller, commissioner of the IRS’ Tax Exempt and Government Entities office, during a healthcare conference in Austin, Texas, organized by the state attorney general’s office.

Miller told conference attendees that his office is nearly ready to release its long-awaited final report on enforcement at not-for-profit hospitals, including its findings of executive compensation.

Nearly all hospitals surveyed appeared to have used comparability data and the rebuttable presumption of reasonableness provisions in the excess-benefit rules on executive compensation. “I think that is a good thing,” Miller said. “Still, the compensation amount paid to the top management officials will be considered high by some.”

The report will also reveal that on average, not-for-profit hospitals spend 9% of their total revenue on community-benefit activities with the cost of uncompensated care accounting for just over half of that total figure. Meanwhile, tax-exempt hospitals reported an average profit margin of 5%.

Last year, Sen. Chuck Grassley (R-Iowa), ranking member of the Senate Finance Committee, presented a staff draft proposal that would force not-for-profit hospitals to devote at least 5% of revenues to charity care in order to justify tax exemption. Grassley is expected to introduce similar “bright line” legislation this year.

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