Ma. Potter et Bb. Longest, THE DIVERGENCE OF FEDERAL AND STATE POLICIES ON THE CHARITABLE TAX-EXEMPTION OF NONPROFIT HOSPITALS, Journal of health politics, policy and law, 19(2), 1994, pp. 391-419
Nonprofit hospitals have traditionally enjoyed charitable exemption fr
om real estate taxes because they provide specific social benefits. Ho
wever, in the past three decades, major health policy changes at the f
ederal level-most significantly, implementation of the Medicare and Me
dicaid programs-have weakened this rationale. Federal tax regulations
during this period have changed in ways that complement these federal
health programs and the accompanying federal interests in encouraging
efficiency and performance uniformity among hospitals. States and loca
l governments, however, have different interests, and these may favor
a strict set of tax exemption standards that disregard efficiency and
elevate the importance of a measurable level of charitable service. Th
eir divergent policies rest on a fundamental value judgment about whet
her nonprofit hospital care is intrinsically charitable or not. Increa
singly, this judgment may be forced upon state courts and legislation
by local governments seeking new tax revenues through the elimination
of hospitals' exemption from real estate taxes.