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
2012
Open to Public Inspection
Name of the organization
MARILLAC CLINIC INC
Employer identification number
84-1085822
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 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 monetary support
Yes
No
Yes
No
Yes
No
Total
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990EZ.
Cat. No. 11285F
Schedule A (Form 990 or 990-EZ) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 2
Part II
Support Schedule for Organizations Described in Sections 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) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(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) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(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. Do not include gain or loss from the sale of capital assets (Explain in Part IV.)..
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 2012 (line 6, column (f) divided by line 11, column (f))
.........
14
15
Public support percentage for 2011 Schedule A, Part II, line 14
...............
15
16a
33 1/3% support test—2012.
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—2011.
If the organization did not check a 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—2012.
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—2011.
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) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 3
Part III
Support Schedule for Organizations Described in Section 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) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
1
Gifts, grants, contributions, and membership fees received. (Do not include any "unusual grants.") .
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......
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.
7a
Amounts included on lines 1, 2, and 3 received from disqualified persons...
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.
c
Add lines 7a and 7b..
8
Public support (Subtract line 7c from line 6.)
Section B. Total Support
Calendar year (or fiscal year beginning in)
(a) 2008
(b) 2009
(c) 2010
(d) 2011
(e) 2012
(f) Total
9
Amounts from line 6...
10a
Gross income from interest, dividends, payments received on securities loans, rents, royalties and income from similar sources..
b
Unrelated business taxable income (less section 511 taxes) from businesses acquired after June 30, 1975.
c
Add lines 10a and 10b.
11
Net income from unrelated business activities not included in line 10b, whether or not the business is regularly carried on.
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.)..
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 2012 (line 8, column (f) divided by line 13, column (f))
.........
15
16
Public support percentage from 2011 Schedule A, Part III, line 15
...............
16
Section D. Computation of Investment Income Percentage
17
Investment income percentage for 2012 (line 10c, column (f) divided by line 13, column (f))
......
17
18
Investment income percentage from 2011 Schedule A, Part III, line 17
.............
18
19a
33 1/3% support tests—2012.
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—2011.
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) 2012
Schedule A (Form 990 or 990-EZ) 2012
Page 4
Part IV
Supplemental Information.
Complete this part to provide the explanations required by Part II, line 10; Part II, line 17a or 17b; and 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) 2012
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
2012
Open to Public Inspection
Name of the organization
MARILLAC CLINIC INC
Employer identification number
84-1085822
Identifier
Return Reference
Explanation
FORM 990, PART VI, SECTION A, LINE 6:
STOCKHOLDER
THE SOLE MEMBER OF MARILLAC CLINIC, INC. IS THE SISTERS OF CHARITY OF LEAVENWORTH HEALTH SYSTEM, INC.("SCLHS")
FORM 990, PART VI, SECTION A, LINES 7 A&B:
STOCKHOLDER RIGHTS AND POWERS
THE FOLLOWING POWERS ARE RESERVED TO THE SOLE STOCKHOLDER, SISTERS OF CHARITY OF LEAVENWORTH HEALTH SYSTEM, INC.: - TO CHANGE THE MISSION AND PHILOSOPHY OF MARILLAC CLINIC, INC. (MARILLAC). - TO ADOPT, AMEND OR REPEAL THE ARTICLES OF INCORPORATION OR BYLAWS OF MARILLAC OR ANY CORPORATION OF WHICH MARILLAC IS THE CONTROLLING MEMBER. - TO APPOINT, AFTER CONSULATION WITH THE RESPECTIVE CORPORATE BOARD, THE BOARD OF DIRECTORS OF MARILLAC OR ANY CORPORATION OF WHICH MARILLAC IS THE CONTROLLING MEMBER. - TO ENSURE THE PRESENCE OF SCLHS ON THE BOARD OF DIRECTORS OF MARILLAC, TO APPOINT MEMBERS OF SCLHS TO THE BOARD OF MARILLAC AND OF ANY CORPORATION OF WHICH MARILLAC IS THE CONTROLLING MEMBER. - TO APPOINT OR REMOVE, WITH OR WITHOUT CAUSE, AFTER CONSULTATION WITH THE MARILLAC BOARD OF DIRECTORS AND THE PRESIDENT\CHIEF EXECUTIVE OFFICER OF SCLHS, THE EXECUTIVE DIRECTOR OF MARILLAC AND OF ANY CORPORATION OF WHICH MARILLAC IS THE CONTROLLING MEMBER. - TO ASSIST IN THE DEVELOPMENT OF CORPORATE GOALS, POLICIES AND PROCEDURES FOR MARILLAC AND ANY CORPORATION OF WHICH MARILLAC IS THE CONTROLLING MEMBER. - TO APPROVE FOR MARILLAC OR ANY CORPORATION OF WHICH MARILLAC IS THE CONTROLLING MEMBER, THE ACQUISITION OF ASSETS, THE INCURRENCE OF INDEBTEDNESS OR THE LEASE, SALE, TRANSFER, ASSUMPTION, OR ENCUMBERING OF THE ASSETS PURSUANT TO POLICIES ESTABLISHED FROM TIME TO TIME BY SCLHS. - TO APPROVE THE MERGER, DISSOLUTION OR CORPORATE RESTRUCTURING OF MARILLAC OR ANY CORPORATION OF WHICH MARILLAC IS THE CONTROLLING MEMBER. - TO APPOINT THE AUDITORS FOR MARILLAC AND FOR ANY CORPORATION OF WHICH MARILLAC IS THE CONTROLLING MEMBER.
FORM 990, PART VI, SECTION A, LINE 11B:
BOARD REVIEW OF FORM 990
FORM 990 RETURN IS REVIEWED BY THE FINANCE COMMITTEE BEFORE IT IS FILED. IN ADDITION, THE FULL BOARD RECEIVES AN ELECTRONIC COPY OF THE FORM 990 BEFORE IT IS FILED. THE RETURN IS REVIEWED BY FINANCE PERSONNEL AT THE SISTERS OF CHARITY OF LEAVENWORTH HEALTH SYSTEM AND prepared and reviewed by AN INDEPENDENT ACCOUNTING FIRM BEFORE FILING.
FORM 990, PART VI, SECTION B, LINE 12C:
CONFLICT OF INTEREST POLICY
EACH MARILLAC BOARD MEMBER AND CLINIC EMPLOYEE RECEIVES A COPY OF THE CLINIC'S CONFLICT OF INTEREST POLICY AND SIGNS AN ACKNOWLEDGEMENT. THE FINANCE DIRECTOR IS RESPONSIBLE FOR ENSURING COMPLIANCE AND ROUTINELY REVIEWS ANY POTENTIAL CONFLICTS WITH SCLHS AND THE BOARD. IF DEEMED NECESSARY, THE MATTER WILL BE REVIEWED BY THE SCLHS ORGANIZATIONAL RESPONSIBILITY STAFF AND LEGAL COUNSEL.
FORM 990, PART VI, SECTION B, LINES 15 A&B:
EXECUTIVE COMPENSATION
THE SISTERS OF CHARITY OF LEAVENWORTH HEALTH SYSTEM (SCLHS) EMPLOYS THE EXECUTIVE TEAM AT EACH OF ITS HOSPITAL AFFILIATES. HOWEVER, MARILLAC CLINIC HIRES AND COMPENSATES ITS EXECUTIVE TEAM INDEPENDENT OF SCLHS. THE CLINIC HUMAN RESOURCE DIRECTOR CONDUCTS A SURVEY OF SIMILAR, NOT-FOR-PROFIT HEALTH CARE CLINICS AS PART OF AN ANNUAL REVIEW PROCESS. THE BOARD OF DIRECTORS ANNUALY EVALUATES THE EXECUTIVE DIRECTOR'S PERFORMANCE BUT THE BOARD DOES NOT REVIEW COMPENSATION. THE LEVEL OF COMPENSATION PROVIDED TO ITS EXECUTIVES (OFFICERS, KEY EMPLOYEES, ETC.) IS CONSISTENT WITH MARKET VALUE. THE PAY PHILOSOPHY IS TO PAY THE MIDDLE OF THE MARKET FOR SIMILAR SIZED ORGANIZATIONS OVERALL AND IS COMPARABLE TO THAT PROVIDED IN SIMILAR, NOT-FOR-PROFIIT HEALTHCARE CLINICS.
FORM 990, PART VI, SECTION C, LINE 19:
PUBLIC INSPECTION OF POLICIES AND FINANCIAL INFORMATION
THE CLINICS GOVERNING POLICIES, CONFLICT OF INTEREST POLICY AND FINANCIAL STATEMENTS ARE AVAILABLE TO THE PUBLIC AT THE OFFICE OF THE FINANCE DIRECTOR, 2333 N 6TH STREET, GRAND JUNCTION, CO 81501. FINANCIAL STATEMENTS ARE AVAILABLE THROUGH THE COLORADO SECRETARY OF STATE'S WEB SITE AND AT WWW.GUIDESTAR.ORG
FORM 990, PART VII, AND FORM 990, SCHEDULE J, PART II
BOARD COMPENSATION FOR AFFILIATE EMPLOYEES
THE SISTERS OF CHARITY OF LEAVENWORTH HEALTH SYSTEM, INC. (SCLHS) IS THE SOLE CORPORATE MEMBER OF ELEVEN HOSPITALS AND FOUR CLINICS (AFFILIATES) IN FOUR STATES INCLUDING MARILLAC CLINIC, INC. (MARILLAC) IN GRAND JUNCTION, COLORADO. SCLHS AND ITS AFFILIATES ADHERE TO GOVERNANCE EXCELLENCE STANDARDS INCLUDING TRANSPARENCY AND ACCOUNTABILITY. DANIEL E. PRINSTER IS A VICE PRESIDENT FOR ST. MARY'S HOSPITAL AND MEDICAL CENTER (ST. MARY'S) IN GRAND JUNCTION, COLORADO. MR. PRINSTER ALSO SERVES AS A MEMBER OF MARILLAC'S BOARD. THE COMPENSATION REFLECTED IS THAT OF THE POSITION OF MR. PRINSTER AS A ST. MARY'S EXECUTIVE AND NOT AS A MEMBER OF MARILLAC'S BOARD. IN KEEPING WITH SCLHS' CORE VALUE OF STEWARDSHIP, NO BOARD MEMBER SERVING ON SCLHS OR AFFILIATE BOARDS IS COMPENSATED FOR THAT SERVICE.
FORM 990, PART VII, SECTION A, OFFICERS, DIRECTORS AND KEY EMPLOYEES
TIME DEVOTED TO RELATED ORGANIZATIONS
NONE OF THE DIRECTORS, OFFICERS OR EMPLOYEES OF MARILLAC CLINIC DEVOTED ANY TIME TO A RELATED ORGANIZATION. Except for Dan Prinster who works for St. Mary's Hospital and Medical Center.
RECONCILATION OF NET ASSETS
FORM 990, PART XI, LINE 9:
TEMPORARILY RESTRICTED CONTRIBUTIONS 868,114 ASSETS RELEASED FROM RESTRICTION (961,806) ROUNDING ADJUSTMENT ( 1) OTHER 110,123 --------- TOTAL 16,430 =========
FORM 990, PART VI, SECTION A, LINE 2:
Board member Joanna Little is a Realtor who has business relationships with board members Dan Prinster and David S. Herr.
For Paperwork Reduction Act Notice, see the Instructions for Form 990 or 990-EZ.