- 67 - a basis for establishing petitioner's exemption. Cf. Harding Hosp., Inc. v. United States, 505 F.2d 1068 (6th Cir. 1974) (activities performed by third parties did not provide a basis for organization’s exemption). Petitioner asserts that the Surgery Center has no requirement that patients demonstrate an ability to pay before receiving treatment. The record does not reflect whether any such policy has been communicated to its patients. Petitioner suggests that this policy is evidenced by the Surgery Center’s “substantial Medicare” patronage. The record shows that Medicare accounted for 12 percent of invoices at the Surgery Center in the last half of 1993. The record does not reflect, however, whether the Surgery Center waives fees in excess of those covered by Medicare and accordingly does not establish that ability to pay is not a factor even for patients covered by Medicare. Moreover, the Surgery Center’s treatment of Medicare patients cannot on this record be attributed to petitioner’s influence over the Surgery Center’s operations. According to the affidavit of Mr. James R. Holmes, who was president of petitioner and Redlands Hospital at the time of the affidavit, the Surgery Center “has regularly treated Medicare patients * * * since before 1990.”Page: Previous 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 Next
Last modified: May 25, 2011