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501(r), an Introduction and Explanation (To the Point)

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If you're considering working healthcare accounts -- or if you are already a player in this space, the IRS's new 501(r) requirements are something you and your compliance team should be well-versed in. While not directly affecting the way you can collect healthcare debt, these rules do define the way non-profit healthcare organizations interact with consumers.


This To the Point distills the information presented in our insideCompliancewebinar. It comes complete with a link to the full video recording of the webinar -- great for use for all-staff trainings and quarterly in-services -- as well as a Certificate of Completion and the full transcript of the webinar. This is a great resource for tracking training, allowing regulators and clients to see your agency's commitment to continuing compliance and education!

Product: PDF Download, including link to webinar video and Certificate of Completion

Pages: 55 pp

Published: October 2015

 

Table of Contents 

  • About the Presenter 
  • How to Use This To the Point Guide 
  • Starting Point Who are the Tax Exempt Entities
  • Exemption Requirements - 501(c)(3) Organizations
  • What is 501(r) 
  • What is required/prohibited by the rule for tax exempt entities?
  • Community Health Needs Assessments
  • Written Financial Assistance Plan
  • Limits on Charges
  • Extraordinary collection activity
  • What is considered Extraordinary Collection Activity?
  • Selling the Debt
  • Credit Reporting
  • Deferring or Denying Care/Requiring Up-front Payment
  • Legal or Judicial Process
  • Reasonable Efforts 
  • Presumptive Eligibility
  • Waivers 
  • Q&A with John Bedard of Bedard Law Group
  • Are the actions of a first-party agency also reflected on the hospital’s collection efforts?
  • Should an agency or debt buyer include a copy of the health provider’s FAP with your collection notice? 
  • Is it possible for the debt collector to fulfill that obligation for the hospital?
  • If the account is sold and the contract actually meets the required terms, would credit-reporting still be considered an ECA? 
  • If a debt has been assigned to an agency and ECA has commenced, how much liability coverage does an agency have, and how much can they rely on the compliance of the hospital with the 501(r) requirements? 
  • If a hospital doesn’t inform the agency in a timely manner of a change in the consumer’s financial abilities, and the collector has during that time taken an ECA, is there actual FDCPA liability for the agency? 
  • How long does the hospital have to wait before they can even consider extraordinary collection activity?

 

 

Contributors 

John Bedard: John represents creditors, asset buyers and debt collectors, helping them stay in compliance with state and federal law. He also manages the nationwide litigation for several collection agencies and focuses his litigation practice on FDCPA, TCPA, and FCRA defense. John’s practice also focuses on defending regulatory actions including CFPB investigations, and travels the country performing CFPB readiness assessments for the collection industry.


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