IHC Health Plans, Inc. - Page 41




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          substantial part of its activities consists of providing                    
          commercial type insurance.                                                  
          1.  Whether Petitioner Satisfies The Community Benefit Test                 
               The community benefit test requires consideration of a                 
          variety of factors that indicate whether an organization is                 
          involved in the charitable activity of promoting  health on a               
          communitywide basis.  Considering all the facts and circumstances           
          surrounding petitioner’s operations, we conclude that petitioner            
          did not provide a meaningful community benefit, and, therefore,             
          petitioner does not qualify for exemption pursuant to section               
          501(a) as an organization described in section 501(c)(3).                   
          Much like the HMOs under consideration in Sound Health                      
          Association v. Commissioner, supra, and Geisinger Health Plan,              
          supra, petitioner offered its health plans to a broad cross-                
          section of the community including individuals, the employees of            
          both large and small employers, and individuals eligible for                
          Medicaid benefits.  Petitioner offered several different health             
          plans encompassing a range of health services at varying prices.            
          There is no indication in the record that petitioner rejected any           
          potential enrollees, although it was petitioner’s practice to               
          deny an enrollee coverage with respect to certain preexisting               
          conditions for the first 12 months of enrollment.                           










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Last modified: May 25, 2011