More hospitals eye conversion to taxable status; the benefits of access to equity markets and physicians' capital may outweigh new tax liability

Article Abstract:

Conversion to taxable status might make economic sense in an era when health costs are ballooning and the field has become a buyers' market. Taxable status will let a hospital obtain equity capital and give it real financial integration with physicians. Other advantages include a growth in employee incentives and the chance to achieve improvements in operational efficiency. These advantages may outweigh the taxable which would be levied and the charitable contributions received. The financial, political and legal issues for a hospital thinking of converting are listed.

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Union activity inside hospitals may be limited; the law restricts solicitation to areas away from patient care

Article Abstract:

Hospitals' union solicitation rules can be more restrictive than those of other employers. The NLRB permits a ban on solicitation during working hours in patient care areas since this might interfere with the quiet needed by patients for recovery. Federal courts have defined patient care areas in various ways, however, hospitals are almost never obliged to permit union organizers who are not employees on their property. Whatever decision hospitals make about solicitation, they should be uniform in the application of their rules.

Labor unions

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Filing disability claims may preclude lawsuits: in some jurisdictions, courts do not allow plaintiffs who apply for benefits to sue under the ADA

Article Abstract:

Courts disagree on whether filing for disability benefits bars ex-employees from suing the former employer, or a potential employer, under the Americans with Disabilities Act. Some courts have agreed with employers that the individual's claim, in applying for benefits, to be totally disabled, is grounds for dismissal. Other courts believe such dismissal would violate the intent of the ADA, and that receipt of disability benefits need not mean the individual is incapable of useful work.

Disabled persons, Disability insurance, Actions and defenses, Litigation, Estoppel

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