In this three-part podcast series focusing on healthcare governance, McDermott Partner Michael Peregrine joins the American Health Law Association to discuss a range of governance issues, including the following:
The nature and scope of the fiduciary responsibilities facing board members within nonprofit health systems;
Standards of conduct, expectations and the line between governance and management;
The board’s role in tackling the pressing challenges facing nonprofit health systems, including environment, social and governance issues;
How to handle issues related to charitable status, cybersecurity and the US Department of Justice’s recent pronouncements on corporate compliance;
How legal counsel can advise their clients who are board members of nonprofit health systems; and
How chief legal officers can effectively share information with the board, approaches to board education and training, and the role of board assessments.
One of the more controversial and complex provisions of the Tax Cuts and Jobs Act has been the 21 percent excise tax on certain nonprofit executive compensation. On December 31, 2018, the IRS issued interim guidance that addresses how this tax will apply in various situations that commonly arise for tax-exempt employers. Establishing internal systems to comply with this guidance will be challenging.