Department of the Treasury Internal Revenue Service
Public Charity Status and Public Support
Complete if the organization is a section 501(c)(3) organization or a section
4947(a)(1) nonexempt charitable trust.
Attach to Form 990 or Form 990-EZ. See separate instructions.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
AVERA HEALTH
Employer identification number
46-0422673
Part I
Reason for Public Charity Status
(All organizations must complete this part.) See instructions
The organization is not a private foundation because it is: (For lines 1 through 11, check only one box.)
1
2
3
4
5
section 170(b)(1)(A)(iv). (Complete Part II.)
6
7
8
9
receipts from activities related to its exempt functions—subject to certain exceptions, and (2) no more than 331/3% of
its support from gross investment income and unrelated business taxable income (less section 511 tax) from businesses
acquired by the organization after June 30, 1975. See section 509(a)(2). (Complete Part III.)
10
11
e
By checking this box, I certify that the organization is not controlled directly or indirectly by one or more disqualified persons other than foundation managers and other than one or more publicly supported organizations described in section 509(a)(1) or section 509(a)(2).
f
If the organization received a written determination from the IRS that it is a Type I, Type II or Type III supporting organization, check this box
..................................................
g
Since August 17, 2006, has the organization accepted any gift or contribution from any of the following persons?
(i) a person who directly or indirectly controls, either alone or together with persons described in (ii)
Yes
No
and (iii) below, the governing body of the the supported organization?
................
11g(i)
(ii)
a family member of a person described in (i) above?
......................
11g(ii)
(iii)
a 35% controlled entity of a person described in (i) or (ii) above?
................
11g(iii)
h
Provide the following information about the supported organization(s).
(i) Name of supported organization
(ii) EIN
(iii) Type of organization (described on lines 1- 9 above or IRC section (see instructions))
(iv) Is the organization in col. (i) listed in your governing document?
(v) Did you notify the organization in col. (i) of your support?
(vi) Is the organization in col. (i) organized in the U.S.?
(vii) Amount of support?
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 2
Part II
Support Schedule for Organizations Described in IRC 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi) (Complete only if you checked the box on line 5, 7, or 8 of Part I or if the
organization failed to qualify under Part III. If the organization fails to
qualify under the tests listed below, please complete Part III.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") ....
2
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf.......
3
The value of services or facilities furnished by a governmental unit to the organization without charge..
4
Total. Add lines 1 through 3..
5
The portion of total contributions by each person (other than a governmental unit or publicly supported organization) included
on line 1 that exceeds 2% of the amount shown on line 11, column (f)..
6
Public Support. Subtract line 5 from line 4.
Section B. Total Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
7
Amounts from line 4..
8
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
9
Net income from unrelated business activities, whether or not the business is regularly carried on..
10
Other income. (Explain in Part IV.) Do not include gain or loss from the sale of capital assets..
11
Total support (Add lines 7 through 10).
12
Gross receipts from related activities, etc. (See instructions.)
..................
12
13
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here..........................................
Section C. Computation of Public Support Percentage
14
Public Support Percentage for 2010 (line 6 column (f) divided by line 11 column (f))
.........
14
15
Public Support Percentage for 2009 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2010.
If the organization did not check the box on line 13, and line 14 is 33 1/3% or more, check this box
and stop here. The organization qualifies as a publicly supported organization
......................
b
33 1/3% support test—2009.
If the organization did not check the box on line 13 or 16a, and line 15 is 33 1/3% or more, check this
box and stop here. The organization qualifies as a publicly supported organization
.....................
17a
10%-facts-and-circumstances test—2010.
If the organization did not check a box on line 13, 16a, or 16b and line 14
is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here. Explain
in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported
organization
..................................................
b
10%-facts-and-circumstances test—2009.
If the organization did not check a box on line 13, 16a, 16b, or 17a and line
15 is 10% or more, and if the organization meets the "facts and circumstances" test, check this box and stop here.
Explain in Part IV how the organization meets the "facts and circumstances" test. The organization qualifies as a publicly supported organization
..............................................
18
Private Foundation
If the organization did not check a box on line 13, 16a, 16b, 17a or 17b, check this box and see
instructions
...................................................
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 3
Part III
Support Schedule for Organizations Described in IRC 509(a)(2) (Complete only if you checked the box on line 9 of Part I or if the organization
failed to qualify under Part II. If the organization fails to qualify under
the tests listed below, please complete Part II.)
Section A. Public Support
Calendar year(or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
343,647
895,894
1,400,471
5,772,674
13,930,641
22,343,327
2
Gross receipts from admissions, merchandise sold or services performed, or facilities furnished in any activity that is related to the organization's tax-exempt purpose......
24,624,300
26,077,880
34,777,947
40,864,118
56,880,853
183,225,098
3
Gross receipts from activities that are not an unrelated trade or business under section 513..
4
Tax revenues levied for the organization's benefit and either paid to or expended on its behalf...
5
The value of services or facilities furnished by a governmental unit to the organization without charge..
6
Total. Add lines 1 through 5.
24,967,947
26,973,774
36,178,418
46,636,792
70,811,494
205,568,425
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
0
b
Amounts included on lines 2 and 3 received from other than disqualified persons that exceed the greater of $5,000 or 1% of the amount on line 13 for the year.
18,356,276
17,820,549
18,814,556
17,719,931
18,116,948
90,828,260
c
Add lines 7a and 7b..
18,356,276
17,820,549
18,814,556
17,719,931
18,116,948
90,828,260
8
Public Support (Subtract line 7c from line 6.)
114,740,165
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2006
(b) 2007
(c) 2008
(d) 2009
(e) 2010
(f) Total
9
Amounts from line 6...
24,967,947
26,973,774
36,178,418
46,636,792
70,811,494
205,568,425
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
1,897,477
2,357,097
2,775,837
3,905,961
1,831,569
12,767,941
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
1,897,477
2,357,097
2,775,837
3,905,961
1,831,569
12,767,941
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
318,461
448,152
392,132
537,241
435,237
2,131,223
12
Other income. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)
13
Total support (Add lines 9, 10c, 11 and 12.).
27,183,885
29,779,023
39,346,387
51,079,994
73,078,300
220,467,589
14
First Five Years
If the Form 990 is for the organization's first, second, third, fourth, or fifth tax year as a 501(c)(3) organization,
check this box and stop here.............................................
Section C. Computation of Public Support Percentage
15
Public Support Percentage for 2010 (line 8 column (f) divided by line 13 column (f))
.........
15
52.040 %
16
Public support percentage from 2009 Schedule A, Part III, line 15
...............
16
42.330 %
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2010 (line 10c column (f) divided by line 13 column (f))
......
17
5.790 %
18
Investment income percentage from 2009 Schedule A, Part III, line 17
.............
18
8.350 %
19a
33 1/3% support tests—2010.
If the organization did not check the box on line 14, and line 15 is more than 33 1/3% and line 17 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
..........
b
33 1/3% support tests—2009.
If the organization did not check a box on line 14 or line 19a, and line 16 is more than 33 1/3% and line 18 is not more than 33 1/3%, check this box and stop here. The organization qualifies as a publicly supported organization
....
20
Private Foundation
If the organization did not check a box on line 14, 19a or 19b, check this box and see instructions
.....
Schedule A (Form 990 or 990-EZ) 2010
Schedule A (Form 990 or 990-EZ) 2010
Page 4
Part IV
Supplemental Information.
Supplemental Information. Complete this part to provide the explanation required by Part II, line 10; Part II, line 17a or 17b; or Part III, line 12. Also complete this part for any additional information. (See instructions).
Facts And Circumstances Test
Explanation
Schedule A (Form 990 or 990-EZ) 2010
Additional Data
Software ID:
Software Version:
-
TIN:
SCHEDULE O (Form 990 or 990-EZ)
Department of the Treasury Internal Revenue Service
Supplemental Information to Form 990 or 990-EZ
Complete to provide information for responses to specific questions on
Form 990 or to provide any additional information.
Attach to Form 990 or 990-EZ.
OMB No. 1545-0047
2010
Open to Public Inspection
Name of the organization
AVERA HEALTH
Employer identification number
46-0422673
Identifier
Return Reference
Explanation
NEW PROGRAM SERVICES
FORM 990, PART III, LINE 2
AS OF JULY 1, 2010, THE ACTIVITIES OF AVERA HEALTH FOUNDATION BECAME A PART OF AVERA HEALTH.
FORM 990, PART VI, SECTION A, LINE 6
THE ORGANIZATION HAS TWO CLASSES OF MEMBERS: SPONSORSHIP MEMBERS AND SYSTEM MEMBERS. SPONSORSHIP MEMBERS SHALL CONSIST COLLECTIVELY OF (I) THOSE PERSONS SERVING FROM TIME TO TIME AS THE PRESIDENT AND COUNCIL OF THE PRESENTATION SISTERS OF THE BLESSED VIRGIN MARY OF ABERDEEN, SOUTH DAKOTA AND (II) THOSE PERSONS SERVING FROM TIME TO TIME AS THE PRIORESS AND COUNCIL OF THE BENEDCITINE CONVENT OF THE SACRED HEART (YANKTON, S.D.) SYSTEM MEMBERS SHALL CONSIST OF SIX SISTERS- THREE PRESENTATION SISTERS APPOINTED BY THE PRESENTATION SPONSORSHIP MEMBERS AND THREE BENEDICTINE SISTERS APPOINTED BY THE BENEDICTINE SPONSORSHIP MEMBERS.
FORM 990, PART VI, SECTION A, LINE 7A
THE SYSTEM MEMBERS HAVE THE POWER TO APPOINT THE BOARD OF DIRECTORS OF AVERA HEALTH AND TO SUSPEND OR REMOVE A DIRECTOR AT ANY TIME, WITH OR WITHOUT CAUSE. THEY ALSO HAVE THE POWER TO APPOINT BENEDICTINE OR PRESENTATION SISTERS TO THE BOARDS OF DIRECTORS OF ANY SPONSORED WORK OR MINISTRY OF AVERA HEALTH.
FORM 990, PART VI, SECTION A, LINE 7B
THE FOLLOWING POWERS SHALL BE RESERVED TO AND EXERCISED EXCLUSIVELY BY THE SPONSORSHIP MEMBERS AND NONE OF THE FOLLOWING ACTIONS SHALL BE TAKEN BY AVERA HEALTH WITHOUT ACTION OF THE SPONSORSHIP MEMBERS: (A) TO APPROVE THE ADOPTION, AMENDMENT OR REPEAL OF THE STATEMENTS OF PHILOSOPHY, MISSION, GUIDING PRINCIPLES AND VALUES OF AVERA HEALTH; (B) TO INITIATE THE ADOPTION, AMENDMENT OR REPEAL OF ANY PROVISION OF THE ARTICLES OF INCORPORATION OR BYLAWS OF AVERA HEALTH, AND TO GIVE FINAL APPROVAL OF ANY SUCH ACTION WITH RESPECT THERETO; (C) TO ESTABLISH POLICIES REGARDING THE ALIENATION OF REAL PROPERTY AND PRECIOUS ARTIFACTS ASSOCIATED WITH THE HEALTHCARE MINISTRY WHICH ARE UNDER THE CANONICAL STEWARDSHIP OF THE PRESENTATION SISTERS OR THE BENEDICTINE SISTERS; (D) TO APPROVE ANY PLAN OF MERGER, CONSOLIDATION OR DISSOLUTION OF AVERA HEALTH, OR THE DIVESTITURE OF ANY SPONSORED WORK OR MINISTRY ASSOCIATED WITH AVERA HEALTH; (E) TO CHANGE THE COMPOSITION OF THE SPONSORSHIP MEMBERS, INCLUDING THE ADDITION OF OTHER INDIVIDUALS, PARTIES OR ENTITIES TO BE SPONSORSHIP MEMBERS; AND (F) TO APPROVE THE CREATION OF NEW SPONSORED WORKS OR MINISTRIES TO BE CONDUCTED BY OR UNDER THE AUTHORITY OF AVERA HEALTH. THE FOLLOWING POWERS SHALL BE RESERVED TO AND EXERCISED EXCLUSIVELY BY THE SYSTEM MEMBERS AND NONE OF THE FOLLOWING ACTIONS SHALL BE TAKEN BY AVERA HEALTH WITHOUT ACTION OF THE SYSTEM MEMBERS: (A) TO APPOINT THE BOARD OF DIRECTORS OF AVERA HEALTH AND TO SUSPEND OR REMOVE A DIRECTOR AT ANY TIME, WITH OR WITHOUT CAUSE; (B) TO APPOINT BENEDICTINE OR PRESENTATION SISTERS TO THE BOARDS OF DIRECTORS OF ANY SPONSORED WORK OR MINISTRY OF AVERA HEALTH; (C) TO APPOINT THE CHAIR AND VICE CHAIR OF THE BOARD OF DIRECTORS; (D) TO APPOINT, EVALUATE, SUSPEND OR REMOVE THE PRESIDENT AND CHIEF EXECUTIVE OFFICER; (E) TO REVIEW AND APPROVE THE OPERATING AND CAPITAL BUDGETS, INCLUDING EXPENDITURES OUTSIDE OF BUDGET, AND THE STRATEGIC PLAN, OF AVERA HEALTH; (F) TO ADOPT PROCEDURES FOR ASSURING THAT CORPORATE ACTIONS ARE CONSISTENT WITH THE PHILOSOPHY, MISSION, GUIDING PRINCIPLES AND VALUES OF AVERA HEALTH; (G) TO PROVIDE RECOMMENDATIONS TO THE SPONSORSHIP MEMBERS ON MATTERS REQUIRING SPONSORSHIP MEMBERS' APPROVAL OR ACTION; (H) TO ADOPT POLICIES DESIGNED TO EFFECTUATE THE POWERS RESERVED TO THE SYSTEM MEMBERS; AND (I) TO EXERCISE OVERSIGHT OF THE GUIDING PRINCIPLES AND SUCH AUTHORITIES WHICH MAY BE ASSIGNED OR DELEGATED BY THE SPONSORSHIP MEMBERS.
FORM 990, PART VI, SECTION B, LINE 11
THE FORM 990 IS REVIEWED BY THE CEO AND CFO. AFTER INITIAL REVIEWS, THE RETURN IS PROVIDED TO THE BOARD PRIOR TO FILING.
FORM 990, PART VI, SECTION B, LINE 12C
THE CONFLICT OF INTEREST POLICY COVERS BOARD MEMBERS, OFFICERS AND KEY EMPLOYEES. AT EACH BOARD MEETING, A REQUEST IS MADE FOR ALL BOARD MEMBERS TO DISCLOSE ANY POTENTIAL CONFLICT OF INTEREST PERTAINING TO ANY ITEM LISTED ON THE AGENDA OR PERTAINING TO ANY POTENTIAL ITEM THAT COULD BE DISCUSSED DURING THE COURSE OF THE MEETING. THE DECLARATION OF CONFLICT OF INTEREST IS RECORDED IN THE MEETING MINUTES. THE BOARD MAKES A DETERMINATION OF WHETHER THERE IS A CONFLICT OF INTEREST AND IF SO, IMPLEMENTS THE PROCEDURE FOR EVALUATING THE ISSUE OR TRANSACTION INVOLVED. THE BOARD MEMBER OR OFFICER WITH THE CONFLICT MUST REFRAIN FROM VOTING. A STATEMENT OF CONFLICT OF INTEREST DISCLOSURE IS MADE ON AN ANNUAL BASIS BY OFFICERS AND DIRECTORS. THE INFORMATION IS MAINTAINED IN A DATABASE AND A REPORT IS PROVIDED TO THE BOARD.
FORM 990, PART VI, SECTION B, LINE 15
ANNUALLY THE COMPENSATION COMMITTEE OF AVERA HEALTH, WHICH IS COMPRISED OF SIX (6) SYSTEM MEMBERS APPOINTED BY THE RELIGIOUS ORDERS, MEETS WITH AN INDEPENDENT CONSULTANT REGARDING FAIR MARKET VALUE FOR COMPENSATION OF OFFICERS AND KEY EMPLOYEES. THE COMPENSATION COMMITTEE APPROVES ALL SALARIES BASED ON COMPARABLE DATA AND DOCUMENTS THE BASIS FOR THEIR DECISION IN MEETING MINUTES.
FORM 990, PART VI, SECTION C, LINE 19
THE ORGANIZATION'S GOVERNING DOCUMENTS, CONFLICT OF INTEREST POLICY, AND FINANCIAL STATEMENTS ARE NOT MADE AVAILABLE TO THE GENERAL PUBLIC.
FORM 990, PART VII, SECTION A:
THE FOLLOWING INDIVIDUALS DEDICATED A MINIMUM OF 40 HOURS PER WEEK TO RELATED ORGANIZATIONS. DR. KIM JUNDT - AVERA ST. LUKE'S RON JACOBSON - AVERA ST. LUKE'S PAM REZAC - SACRED HEART HEALTH SERVICES TOM RASMUSSEN - AVERA QUEEN OF PEACE HOSPITAL THE FOLLOWING INDIVIDUALS PROVIDE THE INDICATED HOURS PER WEEK TO VARIOUS RELATED ORGANIZATIONS: SISTER BARBARA MCTAGUE - AVERA WORKERS' COMPENSATION TRUST (1) SISTER KATHLEEN CROWLEY - AVERA HOLY FAMILY (1), AVERA QUEEN OF PEACE HOSPITAL (2.5), AVERA WORKERS' COMPENSATION TRUST (1) SISTER LUCILLE WELBIG - AVERA WORKERS' COMPENSATION TRUST (1), SACRED HEART HEALTH SERVICES (2) SISTER MARY JAEGER - AVERA ST. ANTHONY'S HOSPITAL (1), ST. BENEDICT HEALTH CENTER (2), AVERA WORKERS' COMPENSATION TRUST (1) SISTER DEBRA KOLECKA - AVERA WORKERS' COMPENSATION TRUST (1) SISTER MARY THOMAS - AVERA WORKERS' COMPENSATION TRUST (1)
CHANGES IN NET ASSETS OR FUND BALANCES:
FORM 990, PART XI, LINE 5:
NET UNREALIZED GAINS ON INVESTMENTS: 9,907,872. BOOK/TAX DIFFERENCE ON PARTNERSHIPS 115,820. TRANSFERS FROM AFFILIATES, NET 1,301,727. INSURANCE PROGRAM ADMIN INCOME NOT RECOGNIZED FOR TAX REPORTING 2,451,412. INITIAL CONTRIBUTION OF FOUNDATION NET ASSETS IN MERGER 26,769,341. EQUITY TRANSFERS FOR FOUNDATION PROJECTS AND OPERATING EXPENSES -3,777,696. FOUNDATION CHANGES IN UNRESTRICTED NET ASSETS 771,443. TOTAL TO FORM 990, PART XI, LINE 5: 37,539,919.
SCHEDULE K, PART VI
PART I, LINE A, COLUMN (F): THE 2008 A/B BONDS REFUNDED SERIES 1994 (ISSUED 01-12-95) AND SERIES 2000 (ISSUED 03-01-2000). IT ALSO FUNDED A PROJECT. PART I, LINE B, COLUMN (F): THE 2008 C BONDS REFUNDED SERIES 2004 (ISSUED 05-18-2004). PART IV, LINE 3C, COLUMN A: THE SWAP WAS INITIATED IN THE 2004 BOND ISSUE AND STARTED MAY 18, 2004 AND IS SCHEDULED TO TERMINATE JULY 1, 2028. PART IV, LINE 3C, COLUMN B: THE HEDGE WAS NO LONGER INTEGRATED WITH THE BOND ISSUE AFTER 12-9-10 AND THEREFORE ONLY IN PLACE A PORTION OF THE YEAR. AVERA HEALTH IS NOT DISCLOSING TAX EXEMPT BONDS ON PART X, LINE 20. THE BONDS WERE ISSUED TO AVERA HEALTH ON BEHALF OF THE AVERA OBLIGATED GROUP. THE AVERA OBLIGATED GROUP CONSISTS OF AVERA MCKENNAN, AVERA ST. LUKE'S, AVERA QUEEN OF PEACE, AND AVERA SACRED HEART. IN ACCORDANCE WITH IRS INSTRUCTIONS, INFORMATION RELATED TO THE TAX EXEMPT BOND REPORTING IS BEING REPORTED ON AVERA HEALTH'S TAX RETURN.
FORM 8621, PART IV
AVERA HEALTH IS FILING FORM 8621 AS A SHAREHOLDER IN VARIOUS FOREIGN FUNDS AS THEY ARE CONSIDERED TO BE PASSIVE FOREIGN INVESTMENT COMPANIES. THE DISTRIBUTIONS FROM THESE FUNDS TO AVERA HEALTH ARE NOT TAXABLE AND THEREFORE NOT INCLUDED ON PART IV OF FORM 8621. THE FUNDS ARE IDENTIFIED BELOW: SHEPHERD INVESTMENTS INTERNATIONAL, LTD. THE CANYON VALUE REALIZATION FUND SCP OCEAN FUND, LTD.
FORM 990, PART VI QUESTION 16B:
THERE IS NO WRITTEN POLICY OR PROCEDURE. IN THE EVENT OF ANY SUCH PROPOSED TRANSACTION, THE BOARD OR A COMMITTEE WITH DELEGATED AUTHORITY REVIEWS ALL MATERIALS, VALUATIONS AND OPERATIONAL ASPECTS FOR ANY PROPOSED TRANSACTION. SUCH TRANSACTION WOULD BE EVALUATED IN ACCORDANCE WITH THE EXEMPT STATUS OF THE ORGANIZATION AND ITS APPLICABLE PURPOSES. ANY TRANSACTION ALSO WOULD BE APPROVED BY THE BOARD AND THE MEMBER.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.