http://www.consumersunion.org/conv/conversions_101/nonprofit_health_sector_history_and_trends/index.htmlNonprofit Health Sector: History and Trends
The greatest nonprofit conversion activity to date has been in the health care industry. No other group of nonprofits has experienced such a dramatic shift in resources from nonprofits to for-profits. When the trend first began, regulators were often unwilling or unable to become involved in the conversion transaction. Without strong oversight, the early years of health care conversion activity resulted in the loss of millions of community dollars and vast health resources to the for-profit sector. Many of those dollars ended up in the hands of former executives, board members, and employees of the nonprofit as well as private investors. Rarely were the transactions and documents made public.
In the late 1980s and early 1990s, after watching their communities lose millions of dollars that should have been earmarked to further the nonprofit mission, a handful of regulators and consumers gradually joined the conversion debate. Several states passed health care conversion legislation to protect the public’s interest in conversions. The first conversion transaction to capture national attention was Blue Cross of California’s attempt to transfer its nonprofit assets to a for-profit subsidiary without preserving those assets for the public’s benefit. As community members learned about the transaction, they formed a coalition and called on regulators to prohibit the conversion unless community assets were protected. The California controversy lasted more than three years. Although initially the nonprofit board of directors and its executives denied their public obligations, by the time regulators signed off on the transaction (PDF) in 1996, more than $3 billion in nonprofit assets had been set aside in two charitable foundations dedicated to health care. The community groups’ efforts paid huge dividends. Today, these two foundations together make over $200 million in grants each year to improve access to quality health care for Californians.
At the request of Blue Cross of California, the National Blue Cross Blue Shield Association changed its by-laws to allow its members to become for-profit health insurance companies. This had a domino effect on other Blue Cross and Blue Shield plans. Soon after Blue Cross of California proposed its conversion, health plans in Missouri, Colorado, Georgia, and Virginia sought to convert. In some of those transactions, state regulators and the community succeeded in enacting legislation or improving requirements to preserve the assets for the public’s benefit.
But lawmakers and advocates in other states were not so fortunate. In Georgia, for example, Blue Cross and Blue Shield lobbyists convinced the state legislature to permit the nonprofit health plan to convert to a for-profit business without leaving any assets for the community. It took three years and a lawsuit before the community was able to unravel the damage caused by that legislation. Again, the battle was worth it—an $80 million nonprofit health foundation was created in Georgia.