CHANGES IN LEASE ACCOUNTING AND WHAT PROVIDERS NEED TO KNOW - Navigant
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GLOBAL CONSTRUCTION CHANGES IN LEASE ACCOUNTING AND WHAT PROVIDERS NEED TO KNOW Sharon Carter Recognizing lease assets and lease liabilities on the balance sheet, and disclosing key information about leasing transactions, will increase transparency and comparability among healthcare providers. All leases, both operational and financial, need a periodic review to clearly determine which lease options to renew, terminate, or purchase. Healthcare providers often enter into lease agreements to secure the latest and greatest in medical and technology equipment, and real estate. Leased materials often represent a sizable portion of these entities’ physical assets. Although the road to financial reporting of leases is intended to be transparent, it is not without a few bumps and a fork in the road. It has been two years since the Financial Accounting Standards Board (FASB) issued its final standard (ASC Topic 842), related to lease accounting protocols. Established in 1973, the FASB, an independent, private- sector, not-for-profit organization based in Norwalk, Conn., develops and issues financial accounting standards to promote useful financial reporting information to investors and others, such as public and private companies and not-for- profit organizations that follow generally accepted accounting principles (GAAP). The FASB is recognized by the Securities and Exchange Commission as the designated accounting standard setter for public companies.1 LEASING OR OWNING MEDICAL EQUIPMENT When directly purchasing a piece of equipment with capital, hospitals own the equipment and can depreciate the cost of the asset throughout its useful life. If the equipment is financed, tax filings allow interest deductions. However, we are in the age of technology disruption and medical equipment’s useful life should not be overstated. For instance, a typical magnetic resonance imaging (MRI) scanner costs approximately $1.5 million, but may need to be replaced with more technologically advanced models. The investment is a significant outlay of cash, and comes with associated expenses, shielding containment, radio frequency, certification, and other elements. 1. Financial Accounting Standards Board, “About the FASB.” http://www.fasb.org/jsp/FASB/Page/LandingPage&cid=1175805317407
The alternative to outright owning medical equipment is the budget-friendly option of leasing. Leasing medical equipment offers a competitive advantage for healthcare practices to have the latest in medical advances and trade up to the latest models. There is a further benefit to leasing equipment by maintaining a steady cash cost to the hospital by spreading otherwise variable costs such as startup, down payments, and full costs over a known period. Traditionally, lease payments are a deductible expense, offering a capped annual tax savings that could be significant. LEASING OR OWNING REAL ESTATE Healthcare reform has healthcare executives scrambling to map out strategic visions to sustain the continuum of care on campuses and be disciplined with fostering current and new market share growth. Models of care will continue to engage in the objective of: •• Right care •• Right place •• Right time •• Right cost •• Right debt liability Healthcare real estate continues to be primarily hospital-owned. According to a 2013 review by Revistamed.com, three healthcare providers had the top positions in the healthcare real estate market with Kaiser Permanente at $26.8 billion, Ascension Health Alliance at $18.0 billion, and Hospital Corporation of America at $18.5 billion.2 Growth in total Healthcare Real Estate Assets 2013-2016 Top 50 Owners of Medical Real Estate $400 $380 $350.5 $360 $331.5 $340 $320 $297.5 Billions $300 $267.5 $280 $260 $240 $220 $200 2013 2014 2015 2016 Source: Revista and Revistamed.com 2. John B. Mugford, “Top 50 Owners of Medical Real Estate,” Healthcare Real Estate Insights, September 25, 2017. http://wolfmediausa.com/2017/09/25/cover-story-top-50-owners-of-medical-real-estate/. 2
Healthcare providers have a strong preference to own facilities provided to patients if the patients were referred by physicians that house a core mix of services for their patients. In the who had a financial relationship with the provider, thus Houston market, for instance, eliminating conflicts of interest and possibly reducing quality of patient care outcomes. “Houston Methodist continues to bring convenience and care to patients in locations around the greater Houston market,” To mitigate hospital risks of owning real estate, providers began notes Sid Sanders, Houston Methodist, SeniorVice President, to lease space from third-party entities, and remained cautious: Construction, Facilities Design and Real Estate, “We continue •• Ensuring lease agreements were made specific to its use. to move forward with our plan to build a facility platform •• Confirming lease agreements were properly authorized. designed to best serve our patients. As part of that plan we opened a 193 bed multi-specialty acute care hospital last June •• Making sure leases were up-to-date with no lapse in time. in the Woodlands and will open a 366 bed replacement and •• Ensuring rents negotiated and paid at fair market value. expansion tower in the Texas Medical Center this Summer. We •• Reinforcing and monitoring to compliance standards of use. are also building a distributed network of primary care and •• Monetizing physician-owned properties when acquiring specialty care clinics as well as expanding and renovating our physician groups. existing acute care platforms as warranted to meet the needs of our patient population. While large capital moves such as ACCOUNTING METHODS FOR LEASES these are infrequent, they are still an important strategic part of our capital plan.” Operating Lease Owning healthcare real estate requires an intentional strategy A majority of leases are operating leases. An operating lease and recognition of the accounting treatment for capital and is treated like rent — payments are considered operational operating leases. The differences can have significant impact on expenses and the asset being leased stays off the balance taxes owed by the provider. It is important to understand the sheet, and thus the corresponding debt liability does not have definition of current accounting rules in order to implement the to be calculated or included. Operating leases provide much- ensuing changes to accounting methods. needed flexibility as updates and replacement of equipment are expected, and typically come with a protection of obsolescence An alternative to a provider owning real estate assets, is a in the lease agreement. The highest benefit is that lease strategy to preserve capital and long-term flexibility. The payments are operational expenses and are fully tax deductible. objective “Right Care, Right Place, Right Time, and Right Cost,” This provides an improved return on asset without capital takes capital and may require leveraging third-party capital to budget restraints. attain speed to market, reduce risk of a real estate asset, and create a predictive cost of rent. Leasing versus owning will Under current FASB rules, long-term leases for real estate assets increase project/strategic investments, and improve return on are classified as operating leases. Operating leases typically investment and internal rate of returns. Benefits to the hospital don’t impact the balance sheet of the lessee. Healthcare providers have been able to classify long-term leases for or healthcare system are leasehold rights to the facility for 10 healthcare facilities as operating leases. Existing rules have to 20 years. Branding is transparent and the provider continues allowed providers to monetize noncore assets like medical office to preserve capital for the use of electronic health records, buildings through sale-leaseback arrangements with little impact physician recruitment, the latest in technology, and key initiatives on their balance sheet. to support patient care. Partly due to the Patient Protection and Affordable Care Act Capital Lease of 2010 and the Health Care Education and Reconciliation In contrast, a capital lease is more like a loan or debt — the Act, released the same year, some previous leasing practices asset is treated as being owned by the lessee so it stays changed. Prior to 2010 it was not uncommon for some of the on the balance sheet. Capital leases recognize certain leased facilities to be owned by physician groups that referred expenses sooner than operating leases: the lessee is allowed patients to the leaseholder. The mandates reflected in the Stark to claim depreciation each year on the asset. In addition, the Law, made it illegal for healthcare providers to submit claims interest expense component of the lease payment can also be for federal Medicare or Medicaid reimbursement for services deducted as an operational expense. 3
EARLY ADOPTERS It has been two years since the FASB issued its final standard •• Impact on income statement? (ASC Topic 842), which delineates the changes that will be •• Profit and loss results? made to lease accounting. The new FASB Lease Accounting Changes, FAS 13 and IAS 17, updated in January 2018, will Answers to these questions will no doubt create a cumbersome take effect in January 2019 for public entities, and in January network of required reviews and take time. The accounting 2020 for all other entities.3 Proposed changes would virtually change will make lease management and accounting more eliminate operating lease accounting treatment for providers complex. The new accounting model will require sophisticated that lease real estate, and require assets and liabilities to be financial calculations and will mandate more monitoring and reported similarly to capital or finance leases. But there are some tracking of lease details throughout the life of a lease. differences in how these assets and liabilities are measured. WHERE DOES A PROVIDER BEGIN? To meet the multifaceted challenges of disruption to financial accounting rules, the healthcare industry must re-examine their It is no wonder that some providers have become early adopters, current lease practices and answer some tough questions: initiating a thorough filtering of their equipment and real estate leases well before the deadlines. With the exception of short- •• Own or lease? term leases (term of 12 months or less), real estate leases will be •• How long to lease? treated as capital/finance leases. It is imperative that all other leases should be reviewed and tagged for either a lease renewal, •• Determination of asset or liability to the balance sheet. lease termination, or right to purchase. −− Operating Lease? −− Capital lease/Finance lease? When evaluating lease vs. own, the impact It may be that a lessor may on key financial ratios and credit rating have already been approached should be considered = profitability/ by the lessee to reduce their 11-Month Lease operating margin, debt position (cushion lease term to less than 12 ratio, long-term debt/cap) and liquidity months. Reporting leases with (days cash on hand), and cash to long-term these terms are given an debt). Consider impact on debt capacity exemption as a debt liability. and answer the question, “Can the cash be invested to generate a higher return than the lease expense?” The objective of financial reporting is to increase transparency The good news is that there are many benefits to leasing, and comparability among organizations by recognizing despite the lease accounting changes: lease assets and recognizing lease liabilities on the balance sheet, and provide information that is useful to current and potential investors, creditors, donors, and other capital market participants. It is imperative that confirmation of rational investments be made, as they impact credit and similar resource allocation decisions. Maintain Cash Flow Preserve Capital Obtain Flexible Financing 3. FASB. “Accounting Standards Update.”http://www.fasb.org/jsp/FASB/Page/SectionPage&cid=1218220137102. 4
To fully leverage lease accounting changes, the healthcare For an arrangement to be a lease, or to contain an embedded provider — the lessee — must focus on responses that result lease, it should convey to the provider the right to control the in the maximization of the provider’s bottom line. The lessor, use of a real estate asset and equipment for a period of time in however, will also be affected. exchange for approved lease consideration. Lessor Impacts The implementation of FASB (ASC Topic 842) will require real estate lessors to use operating lease accounting methods and •• Lessor accounting remains essentially unchanged; according recognize depreciation of an operating lease on a straight-line to the FASB, a majority of operating leases should remain basis, or accounts receivable residual approach to front-load classified as operating leases, and lessors should continue lease expenses, all determined under current GAAP.4 to recognize lease income for those leases on a straight-line basis over the term of the lease. UNDERSTANDING CURRENT STATE AND •• For an arrangement to be a lease, or to contain an embedded FUTURE STATE lease, it must convey to the provider ‘the right to control the use of the asset for a period of time,’ in exchange for With respect to expense recognition, the FASB classifies leases approved lease consideration. in two categories — operating and financing — with many equipment leases falling into the financing category and most real estate leases falling into the operating category.5 CURRENT STATE FUTURE STATE Risk-Reward Approach: Right-of-Use Approach: Distinguishes between an operating lease and a Lessee to account for each equipment lease contract’s capital lease. rights and obligations as assets and liabilities. Present Value: Present Value: Rent recorded as an expense if provider did not own the Providers/lessees to record the present value of the lease asset (i.e., real estate). rent as an asset and liability. Equipment Leases: Equipment Leases: Expenses related to equipment leases would be Depending upon how much of the leased item is recognized as interest. consumed during the term of the lease, expenses related to equipment leases would be considered financing contracts. Short-Term Leases: Long-Term Leases: No change. Long-term operating leases will appear on the balance sheet as nondebt liabilities. Leverage Lease Accounting: For financing-type leases, expense recognition would be accelerated. Leveraged lease is a tax-advantage lease arrangement in which a lessor borrows funds to acquire an asset that For operating-type leases, expense would be recognized is then leased to a lessee. The lender holds the title to basically on a straight-line basis. the asset, while the lessee payments are collected by the lessor and passed to the lender. 4. FASB Enters New “Lease” on Healthcare Accounting, March 11, 2018, (http://www.pyapc.com/fasb-enters-new-lease-healthcare-accounting) 5. Sean Egan, “Accounting Implications of FASB’s Redefinition of Leases,” AccounTex Report, February 15, 2018. https://www.accountexnetwork.com/blog/2018/02/new-lease-accounting-standard-recordkeeping-will-evolve/jkljdlaksjdlajsdlksajldkjlaskjdlaksjdlkasUt etur si aut molupta tibusaperro teseque parum expel ese nimos nos. 5
The provider must objectively determine the benefit and cost to the organization, and to disclose key information about leasing transactions on the balance sheet. This may change how lease transactions are reflected in provider’s accounting. There is no doubt that a healthcare provider may hold hundreds of contractual agreements. The challenge for a healthcare provider, however, is to first determine if the agreement does in fact contain a lease. In some cases, an agreement may not contain the actual word, “lease,” however, if the provider has physical control and decision-making authority over the use of an asset, real estate or medical equipment, the agreement will be defined as an agreement with an “imbedded lease.” Classification determines how entities measure and present lease income and expenses and cash flows. Steps to take may include: Step 1: Develop an inventory of existing contracts. A lease is present in the contract if the contract includes an identified asset. •• The asset is explicitly or implicitly specified. •• The supplier has no practical ability to substitute or would not economically benefit from a substitution. Step 2: Discuss with bond counsel the potential impact on bond and other debt agreements. Step 3: Assess impact on balance sheet and income statement Step 4: Confirm the right to control the use of the asset during the term of the lease. 6
•• The lessee has decision-making authority over the use of Step 6: Evaluate current capital acquisition strategies and the asset. potential lease alternatives to renew, terminate, or purchase. •• The lessee can obtain substantially all economic benefit from the use of the asset. Below is a flowchart of the decision-making process for determining if a lease is present in the contract.6 Step 5: Consider impact on debt capacity and answer the question, “Can the cash be invested to generate a higher return than the lease expense?” Scope — Leases included in the new standard Lease is of property, plant, and equipment. Yes Does contract contain an identified asset? Yes No Asset is explicitly or implicitly specified Not in scope of in the contract. ASC 842. Yes The supplier has no practical ability to substitute the asset and would not benefit Control must convey: economically from substituting the asset. • Decision-making authority Yes over the use of the asset. • The ability to obtain Lease contract must convey the right to substantially all of the control the use of the asset during the term economic benefits from the of the lease, that is, how and to what use of the asset purpose the asset will be used. Yes Lease is in scope of ASC 842 Effects to current-state and impacts to future-state, will need to likely facilitate tactical decision-making as the organization positions its equipment and real estate lease portfolio strategically to align with the organization’s core service lines in the provider network. 6. Joanne Flood, National Association of Certified Valuators and Analysts, January 2018. http://quickreadbuzz.com/2018/01/24/lease-accounting-2018-update/ 7
CONTACTS SHARON CARTER Director +1.312.583.4176 sharon.carter@navigant.com navigant.com About Navigant Navigant Consulting, Inc. (NYSE: NCI) is a specialized, global professional services firm that helps clients take control of their future. Navigant’s professionals apply deep industry knowledge, substantive technical expertise, and an enterprising approach to help clients build, manage, and/or protect their business interests. With a focus on markets and clients facing transformational change and significant regulatory or legal pressures, the firm primarily serves clients in the healthcare, energy, and financial services industries. Across a range of advisory, consulting, outsourcing, and technology/analytics services, Navigant’s practitioners bring sharp insight that pinpoints opportunities and delivers powerful results. More information about Navigant can be found at navigant.com. linkedin.com/showcase/navigantglobalconstruction twitter.com/navigant ©2018 Navigant Consulting, Inc. All rights reserved. W52396 Navigant Consulting, Inc. (“Navigant”) is not a certified public accounting or audit firm. Navigant does not provide audit, attest, or public accounting services. See navigant.com/about/legal for a complete listing of private investigator licenses. This publication is provided by Navigant for informational purposes only and does not constitute consulting services or tax or legal advice. This publication may be used only as expressly permitted by license from Navigant and may not otherwise be reproduced, recorded, photocopied, distributed, displayed, modified, extracted, accessed, or used without the express written permission of Navigant.
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