Concord, NH – Attorney General John M. Formella announced today that his office is initiating a review of compliance with the terms of the February 3, 2020, Report of the Director of Charitable Trusts on the Proposed Acquisition Transaction involving Frisbie Memorial Hospital.

On July 29, 2022, FMH Health Services, LLC ("FMH") forwarded to the Director of Charitable Trusts in the Office of the Attorney General a letter to the Greater Rochester Community Health Foundation ("GRCHF"), notifying GRCHF of FMH's decision to discontinue labor and delivery services at Frisbie Memorial Hospital. The decision of FMH to discontinue labor and delivery services and the notice it provided to GRCHF implicate conditions set forth in the February 3, 2020, Report of the Director of Charitable Trusts on the Proposed Acquisition Transaction of Frisbie Memorial Hospital ("Report"). Specifically, FMH was required to continue labor and delivery services at the hospital for a period of at least 5 years, except in the event of a "contingency" as defined in the Asset Purchase Agreement ("APA").

The Director of Charitable Trusts will review FMH's compliance with conditions in the Report. This will include exploring whether FMH made a good faith effort to avoid the contingency that led to the decision to close labor and delivery services short of FMH's 5 year commitment. The review will also evaluate whether FMH's financial summary that accompanied the notice provided the required reasonable detail to demonstrate that the "contingency" occurred.

A copy of the July 29, 2022 notice from FMH, the August 8, 2022 letter notifying FMH of the review, and the February 3, 2020 Report can be found on the website for the Office of the Attorney General, Charitable Trusts Unit: https://www.doj.nh.gov/charitable-trusts/frisbie-hospital.htm.