The trend has prompted scrutiny from agencies and lawmakers regarding whether nonprofit hospitals are earning their tax-exempt status.
“Hospitals have been dinged for not sufficiently pursuing charity care for financially eligible patients and taking them to collections too soon,” said Katherine Hempstead, a senior policy adviser at the Robert Wood Johnson Foundation, a research institution. “It will be interesting to see, as they are under more pressure for that, if they might increase charity care spending."
On Nov. 20, Vancouver, Washington-based PeaceHealth agreed to pay up to $13.4 million to 15,000 low-income patients following an investigation from Washington Attorney General Bob Ferguson (D) that found the nonprofit health system billed patients who likely qualified for financial assistance. In addition, Ferguson filed a lawsuit in February 2022, the outcome of which is pending, against Renton, Washington-based Providence, alleging the nonprofit health system failed to notify patients who qualified for financial aid. Meanwhile, Washington enacted a bill in 2022 that established mandatory discounts for patients with incomes below 200% of the federal poverty level.
In July, Oregon Gov. Tina Kotek (D) signed a bill that looks to increase access to charity care by requiring hospitals to proactively screen patients and streamline the sign-up process. A similar law went into effect in Minnesota in November.
Historically, state and federal policymakers have been reluctant to address charity care and community benefit spending, in part because so many variables affect hospitals. Charity care spending levels vary based on a hospital's patient and payer mix and their surrounding community infrastructure. For instance, most hospitals that reported the highest levels of relative charity care spending were located in states that had not expanded Medicaid, according to the Merritt data.
Another Oregon law, enacted in 2020, tries to address some of the variables by setting charity care spending minimums on a sliding scale, based on Oregon nonprofit hospitals’ annual income, community benefit spending and the needs of their surrounding communities. Failing to reach those thresholds could result in financial penalties.
Strong hospital lobbying groups have also deterred stricter oversight of nonprofit hospitals, industry observers said. But members of Congress are revisiting the conversation. Sens. Elizabeth Warren (D-Mass.), Raphael Warnock (D-Ga.), Dr. Bill Cassidy (R-La.) and Charles Grassley (R-Iowa) sent a letter in August to the Internal Revenue Service pushing, in part, for required standardized community benefit reporting, including charity care spending.
The senators cited a recent KFF report that found nonprofit hospitals received $28 billion in taxpayer subsidies in 2020 but provided $16 billion in charity care.
“There’s certainly a growing contingent within Congress saying the Internal Revenue Services needs to take a more active role,” said Gary Young, director of the Center for Health Policy and Healthcare Research at Northeastern University, who studies hospital charity care spending.
Declining rates of relative charity care spending raises the question of whether hospitals should shift more resources to other community benefits, such as building housing, Young added.
“If hospitals are not providing a lot of charity care, should they act more like the health department? That requires a major shift in mindset and resources,” he said. “Hospitals historically have not been resourced in such ways.”