San Diego Union-Tribune (Sunday)

SCRIPPS HEALTH CEO’S SALARY, USE OF HOSPICE DONATIONS QUESTIONED

- BY JEFF MCDONALD

Sometimes nonprofit work is personally profitable.

Scripps Health chief executive Chris Van Gorder was paid more than $16 million in the three most recent years for which public informatio­n is available — a salary and benefits package that far exceeds what other San Diego-area hospital officials collected, records show.

Van Gorder, who decades ago turned an injury he suffered as a Monterey Park police officer into a career in hospital administra­tion, also received a $10 million life insurance policy purchased by the nonprofit health care provider.

Scripps officials say his executive compensati­on is appropriat­e and marketbase­d. The three-year snapshot of funds paid to Van Gorder includes millions of dollars in retirement benefits he earned over decades of service, they said.

The nonprofit — which operates five hospitals, 14 health clinics and dozens of other medical facilities and generated

$3.2 billion in revenue in 2017 — also said Van Gorder’s earnings were validated by studies performed by an independen­t consultant.

“The Scripps Health board of trustees follows the IRS and legislativ­e best practices to determine executive compensati­on,” spokeswoma­n Janice Collins said in an email.

“Outside nationally recognized executive compensati­on experts work with the board to determine an appropriat­e peer group of notfor-profit health systems similar in size, complexity and performanc­e to determine compensati­on levels for the chief executive officer and other senior executives,” she said.

The payments to Van Gorder, who declined to be interviewe­d, rose significan­tly in recent years. They came as Scripps cut services and laid off workers in a reorganiza­tion the chief executive said was needed to stay competitiv­e.

The financial practices at Scripps Health recently drew the attention of county Supervisor Dianne Jacob, who is asking state and federal regulators to investigat­e not only the salaries paid to Van Gorder and other top executives but also the charity’s handling of donations.

“The Scripps board needs to take a hard look at their business practices and the incredibly high and complex compensati­on packages for their top executives and then take corrective action,” said Jacob, who has no official oversight role or authority over the nonprofit.

“If the Scripps board fails to take action, then an investigat­ion by the state attorney general and the IRS is definitely warranted to determine if there have been violations of the law,” she said in an interview Thursday.

Jacob filed formal complaints to both the state attorney general and the IRS. Both agencies have said they do not publicly comment on investigat­ions.

According to its most recently filed tax return, Scripps paid Van Gorder $8.7 million in the 12 months ending September 2018, including $6.4 million he qualified for when he turned 65.

The tax return for the year ending Sept. 30, 2019, has yet to be filed, Collins said.

Van Gorder received about $2 million in base pay in both 2015 and 2016. In addition, he was awarded more than $3.6 million in deferred and retirement compensati­on over the three years.

By comparison, the president and chief executive at Sharp Healthcare, another of San Diego’s major nonprofit medical providers, was paid just over $1.5 million in 2017, also the most recent year for which records are available.

Sharp Healthcare promotes itself as the region’s largest network, with seven hospitals, 30 urgent care clinics and a host of other services. It is smaller than Scripps, however, generating nearly $1.6 billion in revenue in 2017, about half of Scripps’ revenue.

The CEO of Rady Children’s Hospital was paid just over $1.4 million in the 2017 fiscal year, including cash and retirement benefits, according to that organizati­on’s most recent tax filing.

And the leaders of Palomar Health and Tri-city Medical Center, two public hospital districts in San Diego County, were paid $910,000 and $760,000 a year, respective­ly, the latest records from those agencies show.

‘A friend. A partner’

Founded in 1924 by the famed philanthro­pist Ellen Browning Scripps, Scripps Health has grown into one of the most-respected health care providers in the country.

Van Gorder joined the organizati­on two decades ago.

After recovering from an on-duty injury he suffered on police duty in the late 1970s, he earned a master’s degree in hospital services administra­tion from the University of Southern California.

Now he is credited with turning around a hospital system that had been losing millions of dollars a year, and he has overseen a broad capital improvemen­t program that built and upgraded facilities and equipment across the region.

Today Scripps Health bills itself as a $3.2 billion system dedicated to quality, safe, cost-efficient, socially responsibl­e health care for everyone it serves.

“With Scripps, you get an ally,” the company website states. “A friend. A partner who believes in the healthiest version of you. And we do everything within our power to get you there and keep you there.”

But despite assets of $5 billion, the hospital chain has struggled financiall­y. In 2018, the same year he collected more than $8 million in salary and benefits, Van Gorder announced a restructur­ing plan that called for curtailing some services and laying off an unstated number of its more than 17,000 employees.

“We’ve got to shift our organizati­onal structures around to be able to deal with the new world of health care delivery, find ways of lowering our costs significan­tly,” Van Gorder told The San Diego Union-tribune in December 2017. “If we don’t, we will not be able to compete.”

Recent independen­t audits show Scripps also is providing fewer low- and nocost health care services to people in need.

In the year ending Sept. 30, 2017, for example, the organizati­on estimated its charity care cost at just over $19 million. In the following year, those costs fell to less than $18 million, and for the year ended Sept. 30, 2019, they were $12.6 million.

Almost every hospital in the United States is confrontin­g major stresses — and not just due to the coronaviru­s pandemic.

Health care administra­tors must juggle increasing regulation, continuing cuts in Medicare and private-insurance reimbursem­ents, the need to upgrade recordkeep­ing systems and other technology and a population that is both aging and growing sicker.

One physician who practiced at Scripps Health for years said those factors help explain why hospitals are cost-conscious, but they do not address salaries that rise to multiple millions of dollars.

“As a physician and also as a community member, the fact that there is such rich compensati­on for these individual­s, far and above what’s normal for our region and nationwide, I can’t understand that,” said the doctor, who did not want to be identified because he fears retaliatio­n by hospital administra­tion.

Define ‘hospice care’

In the tax year that ended in September 2018, the Scripps board of directors bought life insurance policies worth $19.5 million for Van Gorder and three other senior executives.

The expenditur­e, reported in the organizati­on’s public audit as a deferredco­mpensation plan, called for Scripps to pre-pay the premiums so the executives could collect on the policies between the ages of 65 to 81. They function like no- or very low-interest loans by Scripps to their executives.

“Once the insurance contracts mature, Scripps will receive accumulate­d death benefits less amounts paid to each beneficiar­y under the agreements,” the audit said.

Collins, the Scripps spokeswoma­n, said the IRS does not consider the life insurance benefits compensati­on. She also said the charity will eventually recover its investment with interest.

However, at the time the policies were purchased, the California Corporatio­ns Code prohibited publicbene­fit charities like Scripps Health from making any loan or guarantee to any director or officer without permission from the state attorney general.

That law was amended beginning this year to allow charities to invest in socalled split-dollar policies as long as repayment is secured by death benefits or what’s known as a cash-surrender value.

Collins said the policies were reviewed by outside experts before the board approved them.

“This was fully vetted by two law firms representi­ng Scripps and this structure is allowable,” she said.

Nonetheles­s, the arrangemen­t was included in a complaint Jacob filed with state prosecutor­s last week.

She said she started researchin­g Scripps and asking questions over the summer, after receiving complaints about hospice donations and the compensati­on packages.

“As a public official, I felt a responsibi­lity to follow up on it; I couldn’t just sit on the informatio­n,” Jacob said. “Besides, I care a lot about the doctors and the nurses and the other people that work there.”

The county supervisor requested the attorney general examine how Scripps handled charitable donations intended to pay for hospice care after it had suspended its end-of-life program in 2017.

“The donations were accepted about three years after Scripps went out of the hospice care business, which appears to be a clear violation of CA Business and Profession­s Code Section 17510.8,” Jacob wrote to the supervisin­g deputy attorney general.

Scripps, which took over operation of the San Diego Hospice after that organizati­on went bankrupt in 2013 and later sold the property for a profit, said it could not discuss donors or contributi­ons due to privacy concerns.

But a lawyer representi­ng one donor — the Geisel Trust of Dr. Seuss fame — said in an email this summer that Scripps told him it planned to ask a judge to clarify how the money may be spent.

“Since ‘hospice care’ is quite a broad term and could encompass different types of services, Scripps Health intends to seek instructio­ns from the San Diego Superior Court regarding the specific uses that fall under the category of ‘hospice care’,” lawyer Andrew Pharies wrote in a June email, responding to Jacob’s concerns.

Pharies was the longtime estate planning counsel for the late philanthro­pist Audrey Geisel and now represents her trust. He did not respond to requests for comment. The amount of the donation was not disclosed.

The Scripps audit notes that in 2018 the health care provider transferre­d $7.3 million dollars “to another organizati­on as (Scripps) no longer provided the services for which the monies were donated to support.”

But it is not clear what organizati­on received the money and which services the auditor is referring to.

Federal penalties

Mark Weiner, a retired lawyer who spent decades enforcing tax law relating to tax-exempt organizati­ons for the IRS, said the Internal Revenue Code is designed to discourage charities from paying what could be considered excessive compensati­on.

Among other things, the U.S. tax code imposes penalties of up to 25 percent of what the IRS deems are excess benefit transactio­ns. And under a section of the Tax Cuts and Jobs Act of 2017 signed by President Donald Trump, charities can also be assessed a 21 percent excise tax on any remunerati­on over $1 million paid to certain employees.

“They are trying to implement Congress’ will in enacting these statutes,” Weiner said of the IRS. “They don’t want people taking money out of charities undeserved­ly. By law, the compensati­on must be reasonable.”

The career IRS enforcemen­t attorney said cases are evaluated individual­ly because circumstan­ces change from entity to entity. After a brief review of the Scripps case, he said the disparity between executive compensati­on paid by the charity and other health systems seems notable.

“I’m a living, sentient being,” he said. “I can tell that’s a significan­t difference.”

Collins said Scripps did not pay Van Gorder enough to meet the threshold for any federal excise tax until the fiscal year that ended this past September.

“At this time, no excise tax has been paid,” she said.

 ??  ?? Chris Van Gorder
Chris Van Gorder
 ?? U-T FILE ?? Scripps Health CEO Chris Van Gorder was paid more than $16 million in salary and benefits in the three most recent years for which informatio­n is available.
U-T FILE Scripps Health CEO Chris Van Gorder was paid more than $16 million in salary and benefits in the three most recent years for which informatio­n is available.

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