50-5-119. (Effective January 1, 2027) Community benefit to equal potential property tax liability -- fee. (1) (a) Each nonprofit hospital shall provide a total annual community benefit that exceeds the prior year's potential property tax liability the nonprofit hospital would have incurred during the hospital's tax year prior to the year in which the community benefit is provided.

(b) The community benefit must be calculated using the net community benefit expenses, net community building expenses, and total bad debt and medicare shortfall amounts listed by the nonprofit hospital on schedule H of internal revenue service form 990.

(2) Within 30 days of filing the required forms with the internal revenue service each year, each nonprofit hospital shall provide the department of public health and human services with a copy of schedule H for internal revenue service form 990 filed for the most recent tax year. The department of public health and human services shall determine whether the amount of community benefit reported on schedule H exceeds the statement of potential tax liability provided by the department of revenue pursuant to 15-6-245.

(3) If the amount of community benefit spending does not exceed the amount of the nonprofit hospital's potential tax liability for the prior year, the department of public health and human services shall assess the nonprofit hospital a fee equal to the difference between the potential tax liability for the prior year and the amount of reported community benefit spending.

(4) The department of public health and human services shall deposit money assessed pursuant to this section in the special revenue account provided for in 50-5-120.