Journal of Law and Policy


Sarah Colgan


For-profit hospitals and non-profit hospitals fundamentally have two separate goals they wish to achieve. For-profits seek profit maximization, while non-profits, as a result of their federal tax-exempt status, are required to maintain missions dedicated to serving the public and subsequently, the indigent and uninsured. With the passage of the Patient Protection and Affordable Care Act, the goals of the Nation’s health care system began to shift towards more cost effective and high-quality treatment that focuses on providing preventative health care access to all Americans to reach a more health equitable society. This Note offers a dual approach that will help to ensure that the central themes of the Patient Protection and Affordable Care Act are met by both for-profit and non-profit hospitals. Namely, this Note proposes incentivizing for-profits to participate in the health equity goals of the healthcare system by conditioning two important sources of state funding and regulation, Medicaid and a Certificate of Need, respectively, on the completion of a Community Health Needs Assessment.