REDLANDS SURGICAL SERVICES - Page 44




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          secs. 368, 372 (4th ed. 1989).  As applied to determinations of             
          qualification for tax exemption, the definition of the term                 
          “charitable” has not been static.  See Eastern Ky. Welfare Rights           
          Org. v. Simon, supra at 1287-1290; Sound Health Association v.              
          Commissioner, supra.  Suffice it to say that, in recognition of             
          changes in the health-care industry, the standard no longer                 
          requires that “the care of indigent patients be the primary                 
          concern of the charitable hospital, as distinguished from the               
          care of paying patients”.  Sound Health Association v.                      
          Commissioner, supra at 180.  Rather, the standard reflects "a               
          policy of insuring that adequate health care services are                   
          actually delivered to those in the community who need them.”  Id.           
          at 180-181.  Under this standard, health-care providers must meet           
          a flexible community benefit test based upon a variety of                   
          indicia, one of which may be whether the organization provides              
          free care to indigents.  Cf. id. at 184-185 (subsidized dues                
          program was an indicium of charitable purposes).                            
               To benefit the community, a charity must serve a                       
          sufficiently large and indefinite class; as a corollary to this             
          rule, private interests must not benefit to any substantial                 
          degree.  See id. at 181.                                                    

          C.  Proscription Against Benefiting Private Interests                       
               An organization does not operate exclusively for exempt                
          purposes if it operates for the benefit of private interests such           





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