<?xml version='1.0' encoding='UTF-8'?><?xml-stylesheet href="http://www.blogger.com/styles/atom.css" type="text/css"?><feed xmlns='http://www.w3.org/2005/Atom' xmlns:openSearch='http://a9.com/-/spec/opensearchrss/1.0/' xmlns:georss='http://www.georss.org/georss' xmlns:gd='http://schemas.google.com/g/2005' xmlns:thr='http://purl.org/syndication/thread/1.0'><id>tag:blogger.com,1999:blog-4031702826326160109</id><updated>2012-02-13T11:49:37.177-05:00</updated><category term='health care'/><category term='Muhlenberg Regional Medical Center'/><category term='Corzine'/><category term='New Jersey Healthcare'/><category term='Dr. Ramesh Pandey'/><category term='hospital closings'/><category term='architecture'/><category term='holi festival'/><category term='Gov. Chris Christie'/><category term='Plainfield'/><category term='transportation'/><category term='historic preservation'/><title type='text'>The Muhlenberg Independents</title><subtitle type='html'>New Jersey hospital closings have exposed a mergers and acquisitions strategy, popularized by rogue nonprofits, who remove social services and endowments accumulated over decades, while robbing all levels of government of tax revenue, as they enrich themselves personally.</subtitle><link rel='http://schemas.google.com/g/2005#feed' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/posts/default'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default?max-results=100'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/'/><link rel='hub' href='http://pubsubhubbub.appspot.com/'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><generator version='7.00' uri='http://www.blogger.com'>Blogger</generator><openSearch:totalResults>68</openSearch:totalResults><openSearch:startIndex>1</openSearch:startIndex><openSearch:itemsPerPage>100</openSearch:itemsPerPage><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-5423967896072475051</id><published>2012-02-11T17:28:00.000-05:00</published><updated>2012-02-11T17:28:11.474-05:00</updated><title type='text'>Special Request - Most Popular Document</title><content type='html'>&lt;a href="http://www.scribd.com/doc/63380552/Muhlenberg-Foundation-IRS-990-Financial-Analysis" style="-x-system-font: none; display: block; font-family: Helvetica,Arial,Sans-serif; font-size-adjust: none; font-size: 14px; font-stretch: normal; font-style: normal; font-variant: normal; font-weight: normal; line-height: normal; margin: 12px auto 6px auto; text-decoration: underline;" title="View Muhlenberg Foundation IRS 990 Financial Analysis on Scribd"&gt;Muhlenberg Foundation IRS 990 Financial Analysis&lt;/a&gt;&lt;iframe class="scribd_iframe_embed" data-aspect-ratio="0.772727272727273" data-auto-height="true" frameborder="0" height="600" id="doc_77276" scrolling="no" src="http://www.scribd.com/embeds/63380552/content?start_page=1&amp;amp;view_mode=list&amp;amp;access_key=key-2447twmevo328xl0sg0b" width="100%"&gt;&lt;/iframe&gt;&lt;script type="text/javascript"&gt;(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "http://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })();&lt;/script&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-5423967896072475051?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='related' href='http://www.scribd.com/fullscreen/63380552?access_key=key-2447twmevo328xl0sg0b' title='Special Request - Most Popular Document'/><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/5423967896072475051/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2012/02/special-request-most-popular-document_11.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/5423967896072475051'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/5423967896072475051'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2012/02/special-request-most-popular-document_11.html' title='Special Request - Most Popular Document'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-3403907913103744332</id><published>2012-02-11T17:22:00.001-05:00</published><updated>2012-02-11T17:28:44.914-05:00</updated><title type='text'>Special Request - Second Most Popular Document</title><content type='html'>&lt;a href="http://www.scribd.com/doc/63396440/MI-Sen-Vitale-Releases-Legislative-Motives-for-Muhlenberg-Closure" style="-x-system-font: none; display: block; font-family: Helvetica,Arial,Sans-serif; font-size-adjust: none; font-size: 14px; font-stretch: normal; font-style: normal; font-variant: normal; font-weight: normal; line-height: normal; margin: 12px auto 6px auto; text-decoration: underline;" title="View MI - Sen Vitale Releases Legislative Motives for Muhlenberg Closure on Scribd"&gt;MI - Sen Vitale Releases Legislative Motives for Muhlenberg Closure&lt;/a&gt;&lt;iframe class="scribd_iframe_embed" data-aspect-ratio="0.772727272727273" data-auto-height="true" frameborder="0" height="600" id="doc_78682" scrolling="no" src="http://www.scribd.com/embeds/63396440/content?start_page=1&amp;amp;view_mode=list&amp;amp;access_key=key-ateiqw9si9moo1uabh2" width="100%"&gt;&lt;/iframe&gt;&lt;script type="text/javascript"&gt;(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "http://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })();&lt;/script&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-3403907913103744332?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='related' href='http://www.scribd.com/fullscreen/63396440?access_key=key-ateiqw9si9moo1uabh2' title='Special Request - Second Most Popular Document'/><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/3403907913103744332/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2012/02/special-request-most-popular-document.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/3403907913103744332'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/3403907913103744332'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2012/02/special-request-most-popular-document.html' title='Special Request - Second Most Popular Document'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-6662735278538173018</id><published>2012-02-11T11:48:00.000-05:00</published><updated>2012-02-11T11:48:22.873-05:00</updated><title type='text'>A Look At The Bi-Partisan Save Muhlenberg Coalition</title><content type='html'>&lt;iframe allowfullscreen="" frameborder="0" height="315" src="http://www.youtube.com/embed/aWhvuWEeYII" width="420"&gt;&lt;/iframe&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-6662735278538173018?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/6662735278538173018/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2012/02/look-at-bi-partisan-save-muhlenberg.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/6662735278538173018'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/6662735278538173018'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2012/02/look-at-bi-partisan-save-muhlenberg.html' title='A Look At The Bi-Partisan Save Muhlenberg Coalition'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><media:thumbnail xmlns:media='http://search.yahoo.com/mrss/' url='http://img.youtube.com/vi/aWhvuWEeYII/default.jpg' height='72' width='72'/><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-5836193071602615820</id><published>2012-02-10T12:26:00.001-05:00</published><updated>2012-02-11T11:06:06.670-05:00</updated><title type='text'>Muhlenberg in Morristown NJ Health Dept Data</title><content type='html'>&lt;a href="http://www.scribd.com/doc/81061268/Muhlenberg-in-Morrisjown" style="-x-system-font: none; display: block; font-family: Helvetica,Arial,Sans-serif; font-size-adjust: none; font-size: 14px; font-stretch: normal; font-style: normal; font-variant: normal; font-weight: normal; line-height: normal; margin: 12px auto 6px auto; text-decoration: underline;" title="View Muhlenberg in Morrisjown on Scribd"&gt;Muhlenberg in Morristown&lt;/a&gt;&lt;iframe class="scribd_iframe_embed" data-aspect-ratio="0.772727272727273" data-auto-height="true" frameborder="0" height="600" id="doc_2323" scrolling="no" src="http://www.scribd.com/embeds/81061268/content?start_page=1&amp;amp;view_mode=list&amp;amp;access_key=key-q7ud6y097terzdjyh5g" width="100%"&gt;&lt;/iframe&gt;&lt;script type="text/javascript"&gt;(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "http://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })();&lt;/script&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-5836193071602615820?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='related' href='http://www.scribd.com/fullscreen/81061268?access_key=key-q7ud6y097terzdjyh5g' title='Muhlenberg in Morristown NJ Health Dept Data'/><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/5836193071602615820/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2012/02/muhlenberg-in-morristown-nj-health-dept.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/5836193071602615820'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/5836193071602615820'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2012/02/muhlenberg-in-morristown-nj-health-dept.html' title='Muhlenberg in Morristown NJ Health Dept Data'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-1352873181558543227</id><published>2012-02-07T22:43:00.001-05:00</published><updated>2012-02-07T22:43:53.723-05:00</updated><title type='text'>Muhlenberg in Morristown</title><content type='html'>Gov. Corzine and Health Commissioner Heather Howard placed the communities served by Muhlenberg Regional Medical Center in the Morristown Service Area, in a document designed to "Rationalize Healthcare" through a heavy focus on hospital closings and the resulting redistribution of health care resources.&lt;br /&gt;&lt;br /&gt;This expensive, outsourced perspective on New Jersey geography was developed by the same consultants that produced the very short, controversial, travel times to alternative acute care hospitals. This, now "historic" report cost taxpayer dollars when accurate data could have been calculated, in house, by weights and measures or by google and mapquest, for free.&lt;br /&gt;&lt;br /&gt;The other Hospital Service Area options include New Brunswick that borders communities served by Muhlenberg and are listed in the travel times to alternate sources of care. At least the Newark service area is accessible by public transportation. Seniors and people without cars can reach Robert Wood Johnson, in New Brunswick, by taking multiple trains with a change in Newark.&lt;br /&gt;&lt;br /&gt;The Neighborhood Health Center, long ago moved virtually out of Plainfield, and now borders Greenbrook and Dunellen in Somerset and Middlesex Counties. These women who tend not to have cars, were sent to Elizabeth, virtually Newark, to give birth? A long way to transport a woman in labor and a difficult trip to visit a newborn that doesn't come home with the mother. At the very least, Elizabeth should have been restored to the Raritan Valley Train Line. People doing business with Union County and the court system would help make the route more profitable.&lt;br /&gt;&lt;br /&gt;Have you ever tried to get to Morristown from Muhlenberg? Why was there no travel time to Morristown included in the alternatives to care at Muhlenberg?&lt;br /&gt;&lt;br /&gt;New Jersey Acute Care Hospital by Market Area&lt;br /&gt;&lt;a href="http://www.nj.gov/health/rhc/finalreport/documents/appendix_3.pdf" rel="nofollow" target="_blank"&gt;http://www.nj.gov/health/rhc/finalreport/documents/appendix_3.pdf&lt;/a&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-1352873181558543227?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/1352873181558543227/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2012/02/muhlenbweg-in-morristown.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/1352873181558543227'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/1352873181558543227'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2012/02/muhlenbweg-in-morristown.html' title='Muhlenberg in Morristown'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-8518901701150768716</id><published>2012-02-06T11:00:00.000-05:00</published><updated>2012-02-06T11:00:06.146-05:00</updated><title type='text'>10 25 09_Candidate Christie Muhlenberg Hospital Community</title><content type='html'>&lt;a href="http://www.scribd.com/doc/80549578/MI-10-25-09-Candidate-Christie-Muhlenberg-Hospital-Community" style="-x-system-font: none; display: block; font-family: Helvetica,Arial,Sans-serif; font-size-adjust: none; font-size: 14px; font-stretch: normal; font-style: normal; font-variant: normal; font-weight: normal; line-height: normal; margin: 12px auto 6px auto; text-decoration: underline;" title="View MI - 10 25 09_Candidate Christie Muhlenberg Hospital Community on Scribd"&gt;MI - 10 25 09_Candidate Christie Muhlenberg Hospital Community&lt;/a&gt;&lt;iframe class="scribd_iframe_embed" data-aspect-ratio="0.772727272727273" data-auto-height="true" frameborder="0" height="600" id="doc_57519" scrolling="no" src="http://www.scribd.com/embeds/80549578/content?start_page=1&amp;amp;view_mode=list&amp;amp;access_key=key-1e2ywe7or3v5s1xqtg9w" width="100%"&gt;&lt;/iframe&gt;&lt;script type="text/javascript"&gt;(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "http://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })();&lt;/script&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-8518901701150768716?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='related' href='http://www.scribd.com/fullscreen/80549578?access_key=key-1e2ywe7or3v5s1xqtg9w' title='10 25 09_Candidate Christie Muhlenberg Hospital Community'/><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/8518901701150768716/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2012/02/10-25-09candidate-christie-muhlenberg.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/8518901701150768716'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/8518901701150768716'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2012/02/10-25-09candidate-christie-muhlenberg.html' title='10 25 09_Candidate Christie Muhlenberg Hospital Community'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-2138011928404597907</id><published>2012-02-06T01:31:00.000-05:00</published><updated>2012-02-06T01:31:36.574-05:00</updated><title type='text'>Memorial Stone</title><content type='html'>&lt;div class="separator" style="clear: both; text-align: center;"&gt;&lt;/div&gt;&lt;br /&gt;&lt;br /&gt;&lt;div class="separator" style="clear: both; text-align: center;"&gt;&lt;a href="http://4.bp.blogspot.com/-2UdCXvsIcRY/TxbLuJVSVCI/AAAAAAAAABY/8TjXpoEYpVE/s1600/Elkanah+Memorial+Stone.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"&gt;&lt;img border="0" height="320" src="http://4.bp.blogspot.com/-2UdCXvsIcRY/TxbLuJVSVCI/AAAAAAAAABY/8TjXpoEYpVE/s320/Elkanah+Memorial+Stone.jpg" width="240" /&gt;&lt;/a&gt;&lt;/div&gt;&lt;br /&gt;&lt;br /&gt;Elkanah Fitz Randolph and his tombstone were moved from the Seventh Day Baptist cemetery to another Plainfield Area cemetery in 1903. &amp;nbsp;The people&amp;nbsp;interred&amp;nbsp;in the Seventh Day Baptist Cemetery, which was located at West Ninth Street and Arlington Avenue, had to be moved to other local cemeteries because the land was purchased by the City of Plainfield to build Plainfield High School.&lt;br /&gt;&lt;br /&gt;Elkanah Fitz Randolph was President Barack Obama's 5th cousin 6 times removed.&lt;br /&gt;&lt;br /&gt;Photograph taken by NAP&lt;br /&gt;copyright 2012 NAP&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-2138011928404597907?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/2138011928404597907/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2012/02/memorial-stone.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/2138011928404597907'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/2138011928404597907'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2012/02/memorial-stone.html' title='Memorial Stone'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><media:thumbnail xmlns:media='http://search.yahoo.com/mrss/' url='http://4.bp.blogspot.com/-2UdCXvsIcRY/TxbLuJVSVCI/AAAAAAAAABY/8TjXpoEYpVE/s72-c/Elkanah+Memorial+Stone.jpg' height='72' width='72'/><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-4032670034886314707</id><published>2012-01-27T20:40:00.002-05:00</published><updated>2012-01-27T20:41:39.918-05:00</updated><title type='text'>Solaris Application to Close Muhlenberg - NJ Health Dept. Staff Analysis</title><content type='html'>&lt;a href="http://www.scribd.com/doc/79640958/Mi-Certificate-of-Need-Application-Staff-Analysis" style="-x-system-font: none; display: block; font-family: Helvetica,Arial,Sans-serif; font-size-adjust: none; font-size: 14px; font-stretch: normal; font-style: normal; font-variant: normal; font-weight: normal; line-height: normal; margin: 12px auto 6px auto; text-decoration: underline;" title="View Mi - Certificate of Need Application Staff Analysis on Scribd"&gt;Mi - Certificate of Need Application Staff Analysis&lt;/a&gt;&lt;iframe class="scribd_iframe_embed" data-aspect-ratio="0.772727272727273" data-auto-height="true" frameborder="0" height="600" id="doc_92844" scrolling="no" src="http://www.scribd.com/embeds/79640958/content?start_page=1&amp;amp;view_mode=list&amp;amp;access_key=key-b38gb44wlk2otjeuer3" width="100%"&gt;&lt;/iframe&gt;&lt;script type="text/javascript"&gt;(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "http://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })();&lt;/script&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-4032670034886314707?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/4032670034886314707/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2012/01/solaris-application-to-close-muhlenberg.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/4032670034886314707'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/4032670034886314707'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2012/01/solaris-application-to-close-muhlenberg.html' title='Solaris Application to Close Muhlenberg - NJ Health Dept. Staff Analysis'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-558531164209579394</id><published>2012-01-25T11:42:00.000-05:00</published><updated>2012-01-25T11:42:58.781-05:00</updated><title type='text'>Breaking News - President Obama's Ancestors and Muhlenberg Hospital</title><content type='html'>&lt;a href="http://www.scribd.com/doc/79178324/MI-Muhlenberg-Hospital-and-the-Obama-Connection" style="-x-system-font: none; display: block; font-family: Helvetica,Arial,Sans-serif; font-size-adjust: none; font-size: 14px; font-stretch: normal; font-style: normal; font-variant: normal; font-weight: normal; line-height: normal; margin: 12px auto 6px auto; text-decoration: underline;" title="View MI - Muhlenberg Hospital and the Obama Connection on Scribd"&gt;MI - Muhlenberg Hospital and the Obama Connection&lt;/a&gt;&lt;iframe class="scribd_iframe_embed" data-aspect-ratio="0.772727272727273" data-auto-height="true" frameborder="0" height="600" id="doc_52649" scrolling="no" src="http://www.scribd.com/embeds/79178324/content?start_page=1&amp;amp;view_mode=list&amp;amp;access_key=key-fji5pfb7nfrno24w9ni" width="100%"&gt;&lt;/iframe&gt;&lt;script type="text/javascript"&gt;(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "http://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })();&lt;/script&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-558531164209579394?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='related' href='http://www.scribd.com/fullscreen/79178324?access_key=key-fji5pfb7nfrno24w9ni' title='Breaking News - President Obama&apos;s Ancestors and Muhlenberg Hospital'/><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/558531164209579394/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2012/01/breaking-news-president-obamas.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/558531164209579394'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/558531164209579394'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2012/01/breaking-news-president-obamas.html' title='Breaking News - President Obama&apos;s Ancestors and Muhlenberg Hospital'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-6468214580153878028</id><published>2012-01-20T08:55:00.004-05:00</published><updated>2012-01-20T08:59:53.277-05:00</updated><title type='text'>Pride Must Stem From Truth</title><content type='html'>&lt;div class="MsoNormal"&gt;It is time to eliminate what is being called Black History Month and evolve to a new standard of what is called American History that celebrates the truly diverse people who made this nation possible.&lt;br /&gt;&lt;br /&gt;&amp;nbsp; &amp;nbsp; &amp;nbsp;Who blasted through the mountains for the railroads?&lt;br /&gt;&lt;br /&gt;&amp;nbsp; &amp;nbsp; &amp;nbsp;Who dug the tunnels beneath the Hudson River?&lt;br /&gt;&lt;br /&gt;&amp;nbsp; &amp;nbsp; &amp;nbsp;Who could tolerate the heights that made our skyscrapers and bridges possible?&lt;br /&gt;&lt;br /&gt;Until everyone knows who invented and implemented this society, we'll all be stuck in neo-primitive lies that empower no one.&lt;/div&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-6468214580153878028?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/6468214580153878028/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2012/01/pride-must-stem-from-truth.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/6468214580153878028'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/6468214580153878028'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2012/01/pride-must-stem-from-truth.html' title='Pride Must Stem From Truth'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-5729799750203764111</id><published>2012-01-13T15:41:00.000-05:00</published><updated>2012-01-13T15:41:08.592-05:00</updated><title type='text'>Attorney Notification of Vulnerable Muhlenberg Hospital Assets</title><content type='html'>April 7, 2008&lt;br /&gt;&lt;br /&gt;Attorney General Anne Milgram&lt;br /&gt;New Jersey Department of Law and Public Safety&lt;br /&gt;Division of Law&lt;br /&gt;Richard J. Hughes Justice Complex&lt;br /&gt;P.O. Box 106&lt;br /&gt;Trenton, New Jersey 08625-0106&lt;br /&gt;&lt;br /&gt;Re: Proposed Closing of Muhlenberg Regional Medical Center by Solaris Health&lt;br /&gt;System&lt;br /&gt;&lt;br /&gt;Dear General Milgram:&lt;br /&gt;&lt;br /&gt;New Jersey Appleseed Public Interest Law Center has become aware of the proposed closing of Muhlenberg Regional Medical Center (“Muhlenberg”), a 130-year old nonprofit, acute-care facility. Starting in late February, several newspapers announced the intent of Solaris Health System, the owner of Muhlenberg, to file on March 1, 2008, a Certificate of Need application with the state Department of Health and Senior Services to seek closure of the hospital. E.g., Mariam Jukaku and Angela Stewart, “Flood of red ink spells the end of Muhlenberg Medical Center,” The Star-Ledger, February 2008. Because the CN application has not been deemed complete and is not yet public, we do not know, at this time, whether Solaris intends to sell, lease or otherwise dispose of the hospital in whole or in part or intends to continue to provide non-acute care services at the facility.&lt;br /&gt;&lt;br /&gt;Accordingly, we are requesting the Attorney General take all steps necessary to ensure that the value of all endowment funds, restricted funds and foundations associated with Muhlenberg Regional Medical Center (including Muhlenberg Foundation, Inc.) are adequately protected and used for the purposes for which they are irrevocably dedicated.&lt;br /&gt;&lt;br /&gt;Sincerely yours,&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;Renée Steinhagen&lt;br /&gt;Cc: Jay Ganzman, DAG&lt;br /&gt;Bennet Zarofsky, Esq.&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-5729799750203764111?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/5729799750203764111/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2012/01/attorney-notification-of-vulnerable.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/5729799750203764111'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/5729799750203764111'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2012/01/attorney-notification-of-vulnerable.html' title='Attorney Notification of Vulnerable Muhlenberg Hospital Assets'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-8210775355467239832</id><published>2012-01-06T03:04:00.008-05:00</published><updated>2012-01-23T22:54:49.865-05:00</updated><title type='text'>Muhlenberg Hospital and the Obama Connection: Untold American History</title><content type='html'>&lt;div class="MsoNormal" style="text-align: center;"&gt;&lt;div style="text-align: left;"&gt;&lt;br /&gt;&lt;/div&gt;&lt;/div&gt;&lt;div class="MsoNormal" style="text-align: center;"&gt;&lt;div style="text-align: left;"&gt;There is a little red, one and a half story, 18th century farmhouse extant in Plainfield, New Jersey, that has more history than most people know. It is located on Randolph Road, and down the street from Muhlenberg Hospital, and it has remained relatively unchanged for centuries.&lt;/div&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;The house was once the home of Elkanah Fitz Randolph and his family.&amp;nbsp; Elkanah was born in Mt. Bethel, NJ (now Warren, NJ) on October 9, 1797. He married Phebe Drake, daughter of Hugh and Hannah (Littell) Drake, in Plainfield, NJ, on January 1, 1823. They had eight children: Mary, Rachel, Eliza Ann, Elizabeth, Peter B., David, Samuel, and Alexander. &lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;Elkanah Fitz Randolph was a farmer and owned a good portion of the land in the south eastern part of Plainfield, including the property that Muhlenberg Regional Medical Center (Muhlenberg Hospital) was built on in the early twentieth century.&lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;When Elkanah Fitz Randolph died on February 26, 1877, he died intestate. His estate went through the probate process in Union County, NJ, and eventually, his property was distributed to his remaining children since his wife Phebe had died on June 19, 1876.&lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;In 1901, Rachel Fitz Randolph, Eliza Ann Wooden, Samuel and Alexander Fitz Randolph offered some of the property for the new location of Muhlenberg Hospital at Park Avenue and Randolph Road. They did save the family home, and did not sell that portion of the property. Remarkably, the Fitz Randolph home still stands in Plainfield, NJ, across the street from the Van Blake tennis courts and Plainfield High School Athletic Field Facilities. &lt;/div&gt;&lt;div align="center" class="MsoNormal" style="text-align: center;"&gt;The Obama connection?&lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;Both the 4&lt;sup&gt;th&lt;/sup&gt; President of the United States of America, Barack Obama, and Elkanah Fitz Randolph can trace their roots back to Edward Fitz Randolph, who emigrated to Scituate, Massachusetts, in 1630, from England. Edward Fitz Randolph and his wife, Elizabeth (Blossom) Fitz Randolph moved a couple of times in Massachusetts, and finally in 1669, he, his wife, and six of their children moved to Piscataway, NJ. Edward and Elizabeth Fitz Randolph were buried in a church yard in the section of Piscataway that is now Edison, NJ. However, their tombstones cannot be found because during the American Revolution, the British troops marched across the area, and after the war the ground was leveled.&lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;Edward Fitz Randolph is President Barack Obama’s 10&lt;sup&gt;th&lt;/sup&gt; great grandfather.&lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;Edward Fitz Randolph is Elkanah Fitz Randolph’s 4th great grandfather.&lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;That means that Elkanah Fitz Randolph is President Barack Obama's 5th cousin 6 times removed.&lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;The cousins’ lineage crosses through President Barack Obama’s mother, Ann Dunham. Ann Dunham’s line comes through Edward Fitz Randolph’s son, Nathaniel. Elkanah Fitz Randolph’s line comes through Edward Fitz Randolph’s son, Thomas. Nathaniel was Thomas’ older brother by seventeen years.&lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;Nathaniel Fitz Randolph had a son, Samuel. Samuel had a daughter, Prudence. Prudence Fitz Randolph married Shubal (Shubael) Smith, and their daughter, Mary married Jonathan Dunham (born 1716/17), and thus the Dunham line down to President Barack Obama. &lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;Both the Fitz Randolph and Dunham lines are strong in New Jersey. The Fitz Randolph line can be traced back to many famous, religious, political families throughout New Jersey. The Dunham line can be traced to the first grist mill in New Jersey, and President Obama's 8th great-grandfather's house built in 1671 still stands in Woodbridge, NJ. &lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;Both the Fitz Randolph and the Dunham families married into some of the most notable names in early New Jersey history, including: Drake, Manning, Coon, Stelle, Smalley, Wooden, Runyon, Bloomfield, Shotwell, Vail, Eaton, Singletary, Laing, to name a few.&lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;So who would have ever thought that Muhlenberg Hospital and President Barack Obama had a connection? The land that Muhlenberg Hospital was built on was once owned by President Barack Obama’s ancestors. &lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;2012 copyright: NAP&lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;Photographs and additional information available&lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;Sources and Special Thanks:&lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;Historical Society of Plainfield, Drake House Museum, Plainfield, NJ&lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;Cemeteries located in Plainfield, South Plainfield, Edison, and Woodbridge, NJ&lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;Muhlenberg Independents and Muhlenberg Research Group&lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;Family from South Plainfield, NJ, Pennsylvania, Ohio, Virginia, and California&lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;Friends from Plainfield, North Plainfield, Piscataway, and Berkeley Heights, NJ&lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;Preservation New Jersey&lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;Local History Departments in Public Libraries in Plainfield, Piscataway, and Warren, NJ&lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;"The Descendants of Edward Fitz Randolph and Elizabeth Blossom, 1630-1950" by Louise Aymar Christian and Howard Stelle Fitz Randolph, 1950.&lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;"Richard Singletary and Some of his Descendants” by Harman R. Clark, Jr., Dunellen, NJ, 1995&lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;google.com&lt;br /&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="MsoNormal"&gt;ancestry.com&lt;br /&gt;&lt;br /&gt;Various bloggers&lt;/div&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-8210775355467239832?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='related' href='http://www.preservationnj.org/site/ExpEng/index.php?/ten_most_11/index_detail/Tracy_&amp;_Swartwout_Buildings_at_Muhlenberg_Regional_Medical_Center' title='Muhlenberg Hospital and the Obama Connection: Untold American History'/><link rel='enclosure' type='' href='http://www.preservationnj.org/site/ExpEng/index.php?/ten_most_11/index_detail/Tracy_&amp;_Swartwout_Buildings_at_Muhlenberg_Regional_Medical_Center' length='0'/><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/8210775355467239832/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2012/01/muhlenberg-hospital-and-obama.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/8210775355467239832'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/8210775355467239832'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2012/01/muhlenberg-hospital-and-obama.html' title='Muhlenberg Hospital and the Obama Connection: Untold American History'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-552913743919202137</id><published>2011-12-10T01:43:00.001-05:00</published><updated>2011-12-10T01:44:41.590-05:00</updated><title type='text'>Special Request - AG Letter - Missing Muhlenberg Trusts And Endowments</title><content type='html'>&lt;a href="http://www.scribd.com/doc/62300245/AGTrustsand-EndowmentsLetter2P" style="-x-system-font: none; display: block; font-size-adjust: none; font-stretch: normal; font: 14px Helvetica, Arial, Sans-serif; margin: 12px auto 6px; text-decoration: underline;" title="View AGTrustsand EndowmentsLetter2P on Scribd"&gt;AGTrustsand EndowmentsLetter2P&lt;/a&gt;&lt;iframe class="scribd_iframe_embed" data-aspect-ratio="0.772727272727273" data-auto-height="true" frameborder="0" height="600" id="doc_79703" scrolling="no" src="http://www.scribd.com/embeds/62300245/content?start_page=1&amp;amp;view_mode=list&amp;amp;access_key=key-iogjx3oa9vgmy3l85km" width="100%"&gt;&lt;/iframe&gt;&lt;script type="text/javascript"&gt;(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "http://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })();&lt;/script&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-552913743919202137?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/552913743919202137/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/12/special-request-ag-lettert-missing.html#comment-form' title='2 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/552913743919202137'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/552913743919202137'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/12/special-request-ag-lettert-missing.html' title='Special Request - AG Letter - Missing Muhlenberg Trusts And Endowments'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>2</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-2619145876046121195</id><published>2011-12-08T19:34:00.004-05:00</published><updated>2011-12-10T01:27:06.743-05:00</updated><title type='text'>Special Request - Sources Of Missing Muhlenberg Trusts And Endowments</title><content type='html'>Position Paper&lt;br /&gt;Muhlenberg Regional Medical Center,&lt;br /&gt;Plainfield, New Jersey &lt;br /&gt;&lt;br /&gt;June 11, 2010 &lt;br /&gt;&lt;br /&gt;On behalf of the Public Interest, we respectfully request that the New Jersey Attorney General's Office conduct a forensic audit of the Permanently Restricted Assets/Permanently Endowed Funds of Muhlenberg Regional Medical Center (MRMC), also known as Muhlenberg Hospital. &lt;br /&gt;&lt;br /&gt;We make this request to resolve the unanswered issue of the fiduciary responsibility of the Muhlenberg Board of Trustees and Solaris Health System Board of Trustees. Did the Muhlenberg Board act independently, or were they subservient to the dictates of Solaris Health System and their Board of Trustees? The location and disposition of these permanently restricted assets/permanently endowed funds were overlooked, not addressed, or simply forgotten by the Certificate of Need Closure document of the former Commissioner of Health Heather Howard in her letter of July 29, 2008, and the recent court proceedings. &lt;br /&gt;&lt;br /&gt;The amount of assets documented by IRS Forms 990 is between $4.2 Million and $6.7 Million [Exhibit 1] and may not be limited to those amounts because permanently endowed assets can possibly be held by other entities, such as: the Muhlenberg Foundation (established in 1977) and the Plainfield Foundation (dating to 1920), Muhlenberg Auxiliary, etc. &lt;br /&gt;&lt;br /&gt;At the Muhlenberg public hearings, members of the public testified about the endangered endowed assets. Prior to that a letter dated April 7, 2008, was written to the then Attorney General by the New Jersey Appleseed Public Interest Law Center. [Exhibit 2] The Public would like to know what has happened to the permanently endowed assets/funds. The April 7, 2008, letter was written prior to the passage of P. L. 2009, c.64, "Uniform Prudent Managment of Institutional Funds Act." At no point did anyone go before the Courts as required by cy pres, for the legal transfer of gifted assets. &lt;br /&gt;&lt;br /&gt;Muhlenberg was a beloved hospital during its 130 years of existence. Through those years thousands upon thousands of individuals, businesses, corporations, churches, community groups and organizations, foundations, municipalities, and government agencies donated funds to keep Muhlenberg financially viable. In fact the land that the hospital buildings are located on was purchased with public subscriptions. &lt;br /&gt;&lt;br /&gt;Extensive research has found a sampling of probated wills and refunding of bonds and releases naming Muhlenberg Hospital, specifically, as beneficary of those probated wills: &lt;br /&gt;&lt;br /&gt;&amp;nbsp;- John M. Whiton Bequest $9,500 Memorial Fund $425,944 [Exhibit 3] Please note that Mr. Whiton&amp;nbsp;&amp;nbsp; was&amp;nbsp;at one time a Councilman of Plainfield. &lt;br /&gt;&lt;br /&gt;· Albert C. Stebbins Residue of estate $226,000 Permanent Endowment [Exhibit 4] Please note that Mr. Stebbins served on the Plainfield Common Council. &lt;br /&gt;&lt;br /&gt;-&amp;nbsp;Leighton Calkins Bequest $5,000 Endowed room with tablet inscribed [Exhibit 5] Please note that Mr. Calkins was a Mayor of Plainfield. &lt;br /&gt;&lt;br /&gt;· Annie M. Hyler Bequest $5,000 Endowed Room with tablet inscribed [Exhibit 6] · Roger Murray Bequest $1,000 Permanently endowed funds [Exhibit 7] Please note that Mr. Murray was a NJ Assemblyman. &lt;br /&gt;&lt;br /&gt;· Leonore Darrow White $ 500 Private room with tablet inscribed [Exhibit 8] &lt;br /&gt;&lt;br /&gt;Many other community minded people left unrestricted monetary amounts to Muhlenberg when they could have further enriched their family and friends. Many people thought their funds to Muhlenberg were safe and did not restrict their funds because they could never imagine that Muhlenberg would close. People who made provisions for alternative recipients in case the primary recipient no longer existed did not feel the need to make the same provisions for Muhlenberg. &lt;br /&gt;&lt;br /&gt;The six deceased cited above did not leave their wealth unrestricted. The review of this small sampling of wills should spark a look back at the location of the permanently restricted assets/funds. We would hope that all of the permanently restricted assets would be adequately protected by your office. &lt;br /&gt;&lt;br /&gt;As life long residents of Plainfield, we would like all permanently endowed assets/funds returned to the Plainfield community in trust for healthcare needs, and a community board of private citizens established to oversee those assets. It is our belief that the intent of the donors was not to enrich another community in another county whose demographics do not in any way match the level of diversity that exists in the Plainfield area. &lt;br /&gt;&lt;br /&gt;[Please note back-up documentation can be provided upon request]&lt;br /&gt;&lt;br /&gt;The Muhlenberg Research Group&lt;br /&gt;The Muhlenberg Independents&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-2619145876046121195?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='related' href='http://www.scribd.com/doc/62300245/AGTrustsand-EndowmentsLetter2P' title='Special Request - Sources Of Missing Muhlenberg Trusts And Endowments'/><link rel='enclosure' type='' href='http://www.scribd.com/doc/62300245/AGTrustsand-EndowmentsLetter2P' length='0'/><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/2619145876046121195/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/12/secial-request-sources-of-missing.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/2619145876046121195'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/2619145876046121195'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/12/secial-request-sources-of-missing.html' title='Special Request - Sources Of Missing Muhlenberg Trusts And Endowments'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-7981782093852650296</id><published>2011-12-04T00:23:00.000-05:00</published><updated>2011-12-04T00:23:21.785-05:00</updated><title type='text'>NJ Healthcare Facilities Financing Authority MRMC - JFK Hospital Bond Issues</title><content type='html'>NJ Healthcare Facilities Financing Authority MRMC - JFK Hospital Bond Issues&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;October 30, 2010&lt;br /&gt;&lt;br /&gt;RE: Muhlenberg Regional Medical Center Property&lt;br /&gt;&lt;br /&gt;Plainfield, New Jersey&lt;br /&gt;&lt;br /&gt;A recent newspaper article (enclosed) detailed vague discussions concerning the development of the Muhlenberg Regional Medical Center property located in Plainfield, NJ. &lt;br /&gt;&lt;br /&gt;Since the State of New Jersey holds the $152,925,000 State Contract Bonds (Hospital Asset Transformation Program) on the total Muhlenberg property issued by the New Jersey Health Care Facilities Financing Authority with the Bank of New York Mellon, as Master Trustee, the State of New Jersey should be an interested party and participate in the ongoing discussions in order to fully protect the public interest.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;Muhlenberg Regional Medical Center was closed in 2008, by the former Commissioner of Health and Senior Services Heather Howard. (July 29, 2008, closure letter)&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;The New Jersey State Legislature passed a bill to allow for the bonding to go through even though the court challenge was not adjudicated. In October, 2008, the New Jersey Health Care Facilities Financing Authority approved the $152,925,000 State Contract Bonds in the Hospital Asset Transformation Program.&lt;br /&gt;&lt;br /&gt;According to papers filed in the County of Union Clerk's office, the $152.9 million bond note is secured by the Muhlenberg property only and does not impact The Community Hospital Group, Inc. [Please note that at one of the hospital annual meetings, it was stated that there is also a $17 million mortgage on the Muhlenberg property, but research can not substantiate that as a fact.]&lt;br /&gt;&lt;br /&gt;The Plainfield area residents lost healthcare for a supposedly $18 million loss, but the Muhlenberg assets have been leveraged to provide $152.9 million to another entity.&lt;br /&gt;&lt;br /&gt;Regardless, the State of New Jersey needs to be aware of this development in order to protect the State's interest.&lt;br /&gt;&lt;br /&gt;[updated 07/04/2011]&lt;br /&gt;&lt;br /&gt;A search as of yet has not been done of the papers filed in the County of Middlesex; however, &lt;br /&gt;acording to the NJHCFFA (NJ Health Care Facilities Financing Authority) October 23, 2008 Meeting Minutes, page 6, &lt;br /&gt;&lt;br /&gt;"The proceeds of the financing will be used to : refund the the Authority's Variable Rate Composite Program - JFK Medical Center Project Series 2005 A-3; refund the Authority's Variable Rate Composite Program - Community Hospital Group Series 2003 A-1; refund the Authority's Muhlenberg Regional Medical Center Issue, Series 2000; refund the Authority's JFK Medical Center/Hartwyck at Oak Tree Obligated Group Issue, Series 1998; refund the Authority's JFK Health Systems Obligated Group Issue, Series 1995: refund the Authoriity's JFK Health Systems Obligated Group Issue, Series 1993; fund capital improvements at the JFK Medical Center related to the closure of Muhlenberg; fund capital interest; and pay related costs of issuance."&lt;br /&gt;&lt;br /&gt;The $152.9 million was leveraged to refund 5 JFK related bonds and only 1 of Muhlenberg bonds. &lt;br /&gt;&lt;br /&gt;Minutes of the New Jersey Health Care Facilities Financing Authority meeting held on October 23, 2008 on the fourth floor of Building #4, Station Plaza, 22 South Clinton Avenue, Trenton, New Jersey.&lt;br /&gt;&lt;br /&gt;NJHCFFA October 23, 2008 Meeting Minutes p. 6 &lt;br /&gt;&lt;br /&gt;B. JFK Medical Center Obligated Group &lt;br /&gt;&lt;br /&gt;Mr. Escher stated that the following portion of the meeting will be considered a public hearing in connection with the proposed issuance of bonds on behalf of JFK Medical Center Obligated Group. This hearing took place in accordance with the public notice and approval requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended. &lt;br /&gt;&lt;br /&gt;As a public hearing, Mr. Escher welcomed everyone to participate in the discussion, but first asked Mark Hopkins and Bill McLaughlin to bring the Members up to date on the transaction.&lt;br /&gt;&lt;br /&gt;Mr. Hopkins took the opportunity to provide a brief background of the purpose of the TEFRA Hearing, the specific financing program, and the Authority’s action at this meeting. He stated that the Authority will consider authorizing, with certain contingencies, a financing for three borrowers: The Community Hospital Group, Inc. which does business as JFK Medical Center, Hartwyck at Oak Tree, Inc., and Muhlenberg Regional Medical Center. These borrowers will be referred to going forward as the JFK Medical Center Obligated Group. He also noted that reference may be made to Solaris Health System, which is the borrower’s corporate parent.&lt;br /&gt;&lt;br /&gt;The financing that is being considered for the JFK Medical Center Obligated Group is a type of financing authorized by the State’s Hospital Asset Transformation Program (“HATP”), which is part of the Authority’s enabling legislation, and which permits the State to pay principal and interest on the bonds, subject to appropriation, if certain criteria are met. It should be noted that the JFK Medical Center Obligated Group will be required, under a loan agreement (secured by a mortgage), to pay an amount equal to the principal and interest on the bonds to the Authority. The Authority will then pass those payments on to the State Treasurer, making the transaction revenue neutral to the State. &lt;br /&gt;&lt;br /&gt;The HATP was established in 2000 after it became clear that the state had several over-bedded areas that negatively impact the financial operations of the other hospitals in the area. A 1999 State Commission recommended that the closure of one or more hospitals may strengthen the healthcare delivery system as a whole. Therefore, one of the criteria to use the program is the closure of acute care services at a specific location. The State-backing was recommended as a result of the recognition that the stranded indebtedness of the closed hospital may cause undue financial distress to surviving hospitals in its system.&lt;br /&gt;&lt;br /&gt;While the Authority is empowered to issue bonds under the HATP, it is not involved in making the decision on whether or not a hospital can close its acute care services. That decision is made at the Department of Health and Senior Services through the Certificate of Need process. In this case, the Commissioner has approved the Certificate of Need Request to close acute care services at Muhlenberg Regional Medical Center with numerous conditions that must be met by the JFK Medical Center Obligated Group and the Solaris Health System. &lt;br /&gt;&lt;br /&gt;Under the Internal Revenue Code, a public hearing is required when tax exempt bonds are issued to benefit non-governmental entities. As such, the Authority is conducting this hearing to provide an opportunity for the public to comment on the proposed issuance of tax-exempt bonds for this project. &lt;br /&gt;&lt;br /&gt;Bill McLaughlin then introduced Richard Smith – Senior Vice President and Chief Financial Officer from JFK Medical Center Obligated Group (“JFK”). &lt;br /&gt;&lt;br /&gt;He stated that staff has been working on a financing for the benefit of JFK under the HATP. The elimination of acute-care services at the Muhlenberg Regional Medical Center (“Muhlenberg”) meets the eligibility requirements for using the Program. The Treasurer has approved entering into a contract with the Authority, which will provide the security for a bond issue approximating $169 million. JFK will enter into a loan agreement with the Authority, which provides the covenants under which JFK agrees to pay the debt service on the bonds. &lt;br /&gt;&lt;br /&gt;He noted that a request for a Certificate of Need to terminate acute-care services at Muhlenberg was filed and a Certificate of Need was granted for the closure on July 29, 2008. &lt;br /&gt;&lt;br /&gt;The proceeds of the financing will be used to: refund the Authority’s Variable Rate Composite Program - JFK Medical Center Project Series 2005 A-3; refund the Authority’s Variable Rate Composite Program – Community Hospital Group Series 2003 A-1; refund the Authority’s Muhlenberg Regional Medical Center Issue, Series 2000; refund the Authority’s JFK Medical Center/Hartwyck at Oak Tree Obligated Group Issue, Series 1998; refund the Authority’s JFK Health Systems Obligated Group Issue, Series 1995; refund the Authority’s JFK Health Systems Obligated Group Issue, Series 1993; fund capital improvements at the JFK Medical Center related to the closure of Muhlenberg; fund capitalized interest; and pay related costs of issuance. &lt;br /&gt;&lt;br /&gt;Given that the working group worked to finalize documents over the past week, the documents provided in the mailing package to the Members had been adjusted. Specifically, the Bond Resolution has been updated to reflect the following changes: &lt;br /&gt;&lt;br /&gt;Specific authorization for staff to solicit and purchase advertising to support this transaction, if necessary; &lt;br /&gt;&lt;br /&gt;Contingencies related to interest rates and underwriter discount; &lt;br /&gt;&lt;br /&gt;Expanded redemption provisions that include a “make whole” premium; and, &lt;br /&gt;&lt;br /&gt;(added by Mr. Hancock) Additional limitations on the disbursement of funds related to the new money proceeds. &lt;br /&gt;&lt;br /&gt;He then asked bond counsel to present the Bond Resolution.&lt;br /&gt;&lt;br /&gt;NJHCFFA October 23, 2008 Meeting Minutes p. 7&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-7981782093852650296?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/7981782093852650296/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/12/nj-healthcare-facilities-financing.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/7981782093852650296'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/7981782093852650296'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/12/nj-healthcare-facilities-financing.html' title='NJ Healthcare Facilities Financing Authority MRMC - JFK Hospital Bond Issues'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-1700765487052045204</id><published>2011-11-30T03:05:00.003-05:00</published><updated>2011-11-30T03:06:37.960-05:00</updated><title type='text'></title><content type='html'>&lt;a href="http://www.scribd.com/doc/74237800/Governor-Chris-Christie-Takes-Action-to-Help-Offenders-Successfully-Re" style="-x-system-font: none; 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})();&lt;/script&gt; &lt;br /&gt;&lt;br /&gt;&lt;script charset="utf-8" type="text/javascript"&gt;&lt;/P&gt;&lt;p&gt;ScribdX.DocWidget.BASE_URL = "http://www.scribd.com";&lt;/P&gt;&lt;p&gt;ScribdX.DocWidget.ASSETS_BASE_URL = "http://s6.scribdassets.com";&lt;/P&gt;&lt;p&gt;(new ScribdX.DocWidget({&lt;/P&gt;&lt;p&gt;type:"public_document_collections",&lt;/P&gt;&lt;p&gt;resource_id: 3365789,&lt;/P&gt;&lt;p&gt;show_resource_owner: true,&lt;/P&gt;&lt;p&gt;show_doc_thumbnail: true,&lt;/P&gt;&lt;p&gt;show_doc_owner: true,&lt;/P&gt;&lt;p&gt;show_doc_reads: true,&lt;/P&gt;&lt;p&gt;colors: {primary: "#1982AB", secondary: "#302523", label:"#888888", background: "#FFFFFF"},&lt;/P&gt;&lt;p&gt;height: "400px",&lt;/P&gt;&lt;p&gt;width: "300px",&lt;/P&gt;&lt;p&gt;document_order: "descending"&lt;/P&gt;&lt;p&gt;})).asyncGET();&lt;/P&gt;&lt;p&gt;&lt;/script&gt;&lt;br /&gt;&lt;br /&gt;&lt;script charset="utf-8" type="text/javascript"&gt;&lt;/P&gt;&lt;p&gt;ScribdX.DocWidget.BASE_URL = "http://www.scribd.com";&lt;/P&gt;&lt;p&gt;ScribdX.DocWidget.ASSETS_BASE_URL = "http://s6.scribdassets.com";&lt;/P&gt;&lt;p&gt;(new ScribdX.DocWidget({&lt;/P&gt;&lt;p&gt;type:"public_document_collections",&lt;/P&gt;&lt;p&gt;resource_id: 3365789,&lt;/P&gt;&lt;p&gt;show_resource_owner: true,&lt;/P&gt;&lt;p&gt;show_doc_thumbnail: true,&lt;/P&gt;&lt;p&gt;show_doc_owner: true,&lt;/P&gt;&lt;p&gt;show_doc_reads: true,&lt;/P&gt;&lt;p&gt;colors: {primary: "#1982AB", secondary: "#302523", label:"#888888", background: "#FFFFFF"},&lt;/P&gt;&lt;p&gt;height: "400px",&lt;/P&gt;&lt;p&gt;width: "300px",&lt;/P&gt;&lt;p&gt;document_order: "descending"&lt;/P&gt;&lt;p&gt;})).asyncGET();&lt;/P&gt;&lt;p&gt;&lt;/script&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-1233860614912423960?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/1233860614912423960/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/11/scribdx.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/1233860614912423960'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/1233860614912423960'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/11/scribdx.html' title=''/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-3046342457290155859</id><published>2011-11-26T13:00:00.001-05:00</published><updated>2011-11-26T13:04:18.751-05:00</updated><category scheme='http://www.blogger.com/atom/ns#' term='historic preservation'/><category scheme='http://www.blogger.com/atom/ns#' term='Plainfield'/><category scheme='http://www.blogger.com/atom/ns#' term='New Jersey Healthcare'/><category scheme='http://www.blogger.com/atom/ns#' term='architecture'/><category scheme='http://www.blogger.com/atom/ns#' term='hospital closings'/><title type='text'>Muhlenberg Hospital History Timeline</title><content type='html'>The orginal Muhlenberg Hospital was located on West Third Street near Muhlenberg Place. After unexpected and annoying delays in the construction of the Hospital building, the building was completed and paid for, and on Thanksgiving Day, November 24, 1881, it was open for inspection. There was a large contingent of residents and addresses by many dignataries at the opening, and Job Male presented the deed that conveyed the property to the Hospital. On November 28, 1881, Muhlenberg formally opened to receive patients.&lt;br /&gt;&lt;br /&gt;Notable Dates and Events of the 19th and Early 20th Centuries&lt;br /&gt;&lt;br /&gt;• The first surgical operation in the Hospital was performed by Dr. Endicott, M.D., of the Hospital's staff.&lt;br /&gt;&lt;br /&gt;• Dr. Charles A. Hart who was instrumental in the founding of the Hospital was not able to serve it long because serious illness led to his severance of his Hospital service in 1883.&lt;br /&gt;&lt;br /&gt;• Dr. Harvey D. Burlingham. the first physician, appointed to the staff dies in 1886.&lt;br /&gt;&lt;br /&gt;• By 1887, Muhlenberg needed more room, and on July 5, 1887, the Board of Governors resolved to purchase more property extending the boundary from Muhlenberg Place to South Second Street. On February 25, 1889, plans were adopted, prepared by Mr. Charles Smith, architect, for an addition to the main Hospital building designed for private patients and isolation. By October 28, 1889, this addition was open for patients.&lt;br /&gt;&lt;br /&gt;• All the Hospital buildings were lighted at night by oil lamps, and water had to be pumped. By the summer of 1891, electric lights were introduced in all the buildings, and about the same time when the Plainfield Water Supply Company laid water mains in South Seconde Street pure and wholesome water was supplied.&lt;br /&gt;&lt;br /&gt;• 1892 - first step taken in the training of nurses, one pupil appointed as an experiment.&lt;br /&gt;&lt;br /&gt;• June 26, 1893, Eye and Ear Department, directed by Frank C. Ard, M.D., was established for the treament of diseases of the eye, ear, nose, and throat.&lt;br /&gt;&lt;br /&gt;• May 28, 1894, decision made to build an operating room, and in 1895, it was completed at a cost of $2,800.&lt;br /&gt;&lt;br /&gt;• October 29, 1894, Department of Pathology and Bacteriology, headed by Benjamin van D. Hedges, M.D., was created.&lt;br /&gt;&lt;br /&gt;• December 10, 1894, the Board of Governors established a Training School for Nurses. The first graduates of the school were Miss Annie Wolfe and Miss L. Grace Clark in 1896, and graduation exercises were held at Crescent Avenue Presbyterian Church on May 21, 1896. By 1897, the decision was made to extend the training to three years. &lt;br /&gt;&lt;br /&gt;• December 30, 1895, first ambulance was furnished by the Women's Auxiliary Board.&lt;br /&gt;&lt;br /&gt;• 1896, the Board of Governors determined the need for a detached Nurses' Home. Evarts Tracy, architect, designed a two story and attic framed buildings, and Mr. Charles Westphal, the builder, completed it in 1897.&lt;br /&gt;&lt;br /&gt;• On November 27, 1899, the Board of Governors recognized the need for a more commodious and quiet site. The current location was in a populated neighborhood near the railroad, which was noisy, and near extensive manufacturing plants. There was oppostion.&lt;br /&gt;&lt;br /&gt;• November 26, 1900, a special committee was appointed to solicit subscriptions.&lt;br /&gt;&lt;br /&gt;• February 25, 1901, the Board of Governors by formal vote resolved to build a new hospital.&lt;br /&gt;&lt;br /&gt;• March 7, 1904, arrangements made with the Plainfield Board of Health for the bacteriologist to make cultures at no expense to the Hospital.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;Nancy Piwowar&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-3046342457290155859?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/3046342457290155859/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/11/muhlenberg-hospital-history-timeline.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/3046342457290155859'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/3046342457290155859'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/11/muhlenberg-hospital-history-timeline.html' title='Muhlenberg Hospital History Timeline'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-5679513231367620742</id><published>2011-11-17T12:28:00.000-05:00</published><updated>2011-11-17T12:28:40.150-05:00</updated><title type='text'>Governor Chris Christie Announces Education Reform Agenda</title><content type='html'>Governor Chris Christie Announces Education Reform Agenda to Turn Around Lowest Performing Schools in No Child Left Behind (NCLB) Waiver Application&lt;br /&gt;Previously Announced Christie Administration Education Reform Agenda Consistent with the Obama Administration’s National Education Reform Goals&lt;br /&gt;&lt;br /&gt;Trenton, NJ – Governor Chris Christie and Acting Education Commissioner Chris Cerf today announced a bold and comprehensive reform agenda to address the biggest challenges facing public education in New Jersey, fully embodied in its No Child Left Behind (NCLB) waiver application. The agenda, including the development of a new accountability system and a package of specific education reform legislation previously introduced and awaiting action by the state legislature, will identify and seek to turn around New Jersey’s consistently lowest-performing schools, recognize and reward improvement in all New Jersey schools, and provide the necessary tools to meet these goals in a manner consistent with President Obama’s national education reform agenda. &lt;br /&gt;&lt;br /&gt; “There is no issue more important to the future of our state and country than putting the opportunity of a quality education within every child’s reach, no matter their zip code or economic circumstances. Our education reforms, contained in four specific bills sitting in the legislature today, are aggressive in meeting this challenge, bipartisan and in-line with the Obama Administration’s national agenda to raise standards, strengthen accountability systems, support effective teachers and focus more resources to the classroom,” said Governor Chris Christie. “These reforms provide a comprehensive approach that recognizes there is no single solution. For a new accountability system to be effective and successful in benefitting children, we must have all of the tools that are provided for in this legislation. A piecemeal, incremental approach will not turn around our failing schools or close the achievement gap.”&lt;br /&gt;&lt;br /&gt;Outlined in the Fall of 2010 and subsequently introduced by July of this year, the four bills needed to achieve the education reform goals of Governor Christie and consistent with the Obama Administration's NCLB waiver requirements have been stalled in the Legislature for 133 days. This package of bills goes hand in hand with bipartisan education efforts to fix failing schools, broaden school choice for students in underperforming districts, identify and reward effective teachers, and support teachers who are not effective.  &lt;br /&gt;&lt;br /&gt;“New Jersey ranks among the top states in the nation in student achievement overall, but we cannot play in the margins with half-measures and expect to finally bring real, long-term change to the children in persistently failing districts who are not getting the education they deserve,” continued Governor Christie. “It’s time for the New Jersey Legislature to step up with my Administration, President Obama, Secretary Duncan and a national, bipartisan movement to act boldly and give every child the education they deserve.”&lt;br /&gt;&lt;br /&gt;The bipartisan package of bills includes:&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;·         School Children First Act (S-2881/A-4168; Senator Kyrillos/Assemblyman Webber): The bill would create a statewide educator evaluation system consistent with the goals of the Obama Administration, ties tenure to effectiveness, ends forced placements and Last-In-First-Out (LIFO) personnel policies by using both seniority and educator effectiveness in staffing decisions, and reforms compensation systems. These changes will allow New Jersey to identify and reward the most effective teachers in a meaningful and fair way, while also better supporting those comparative few teachers who are not effective.&lt;br /&gt;&lt;br /&gt;·         Charter Reform Bill (A-4167; Assemblyman Webber): The bill provides critical updates to strengthen and improve New Jersey’s charter law. The bill increases the number of charter school authorizers, permits public schools to be converted to charter schools by local boards of education as well as the Department Of Education Commissioner, and increase charter autonomy while making them more accountable.&lt;br /&gt;&lt;br /&gt;·         Opportunity Scholarship Act (S-1872/A-2810; Senators Lesniak and Kean/Assemblymen Fuentes and DeCroce): The bill would provide tax credits to entities contributing to scholarships for low-income students.&lt;br /&gt;&lt;br /&gt;·         Urban Hope Act (S-3002/A-4264; Senator Norcross/Assemblyman Fuentes): The bill provides for the creation of as many as ten “transformation school projects” in five of the State’s worst performing districts. &lt;br /&gt;&lt;br /&gt;U.S. Secretary of Education Arne Duncan announced in September that he will consider proposals from states seeking to waive provisions of NCLB if they indicate a strong commitment to improving student performance, reducing the achievement gap, and turning around underperforming schools. A waiver would allow districts and states additional flexibility in providing support and interventions to struggling schools. &lt;br /&gt;&lt;br /&gt;“NCLB remains an important piece of legislation because it put a renewed focus on student achievement and accountability in K-12 education and highlighted the needs of typically underperforming student populations. However, the law suffers from some significant flaws, including its failure to give credit for progress and its one-size-fits-all approach to labeling schools as failing,” said Acting Commissioner Chris Cerf. “Through our waiver application we have developed a new accountability system that allows for differentiated supports and interventions of the schools with the most pervasive and persistent achievement problems. The proposed legislation is crucial to enhance our ability to turn around our lowest performing schools and ensure that students in those schools have the options they deserve. There is no one-size-fits-all approach to school improvement which is why we must focus our resources and most significant interventions on those schools with a long standing history of low performance.”&lt;br /&gt;&lt;br /&gt;In developing a new accountability system, the Department will focus its supports and interventions on the lowest performing schools in the state. The Department will create three tiers of schools - Priority Schools, Focus Schools and Reward Schools - which will be identified using both growth and absolute proficiency. &lt;br /&gt;&lt;br /&gt;Led by the Department’s new Regional Achievement Centers, the Department will create customized interventions to turn around Priority and Focus Schools, based on their individual needs. Though the Department will focus its interventions on Priority and Focus Schools, the Department will support all schools in constantly improving in two ways. First, the Department will develop and publish new school performance reports for every school in New Jersey to replace the current bifurcated School Report Card and NCLB Report Card publications. Among other data points, the reports will include progress towards closing achievement gaps, comparison to “peer schools” with similar demographics, performance on state tests over time, and additional college and career readiness data points. These public reports will help districts focus on areas of low performances in their districts. Second, the Department will encourage all schools to take advantage of professional development and other support opportunities available for Priority and Focus Schools.&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;As part of the waiver application, the Christie Administration outlined a comprehensive reform strategy built on the three principles outlined in the waiver application and accomplished through the package of reform legislation sitting before the Legislature:&lt;br /&gt;&lt;br /&gt;                                                            &lt;br /&gt;&lt;br /&gt;1.       Implementing college and career ready expectations for all students, including a detailed implementation plan of Common Core State Standards in K-12 English Language Arts and math; development of model curriculum in corresponding grades; and rollout of assessments tied to the Common Core State Standards through the Partnership for Assessment of Readiness for College and Careers (PARCC) Consortium.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;2.       Developing a new, unitary accountability system to identify the state’s persistently lowest-performing schools and develop a differentiated plan to support and intervene in those schools, and to identify the state’s top performing schools and a plan to reward those schools for their achievement.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;3.       Supporting effective instruction and leadership by developing and implementing statewide teacher and principal evaluation systems that take into account both student outcomes and effective practice.&lt;br /&gt;&lt;br /&gt; &lt;br /&gt;&lt;br /&gt;In order to develop New Jersey’s waiver application, the Department held a number of meetings with educators, parents, and professional associations to solicit input on the application. The Department also collected more than 200 comments through its website over three total weeks both before developing its initial plans and then after posting a draft outline.&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-5679513231367620742?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/5679513231367620742/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/11/governor-chris-christie-announces.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/5679513231367620742'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/5679513231367620742'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/11/governor-chris-christie-announces.html' title='Governor Chris Christie Announces Education Reform Agenda'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-8032286316868504664</id><published>2011-11-16T12:00:00.001-05:00</published><updated>2011-11-16T12:00:32.864-05:00</updated><title type='text'>Endangered 1912 Closson-Edgerton Maternity Pavilion</title><content type='html'>The 1912 Closson-Edgerton Maternity Pavilion was a bequest by Mrs. Minnie Closson-Edgerton in memory of her brother, James T. Closson, and her son, James Closson Edgerton.  Mrs. Edgerton left $50,000 in her will with instructions to build a maternity pavilion, and if that was already in progress then the instructions were to build a children's ward.  A total of $25,000 was to be used for the maternity pavilion construction, and the income from investment of the remaining $25,000 was for maintenance.&lt;br /&gt;&lt;br /&gt;This maternity pavilion was built in a similar architectural style as the 1903 Muhlenberg buildings, and there is a lengthy memorial inscription on the building.  The 1912 Closson-Edgerton Maternity Pavilion was designed by &lt;br /&gt;Crow(e), Lewis &amp; Wickenhofer, a New York architectural firm.  The 65th edition of the Muhlenberg School of Nursing yearbook noted that the erection of this Maternity Pavilion "made it possible for the students to receive their obsterical nursing at Muhlenberg."   &lt;br /&gt;&lt;br /&gt;Since Mrs. Edgerton's will provided for the maintenance of the Maternity Pavilion, this building has survived for almost 100 years.  With the passage of the 2009 Uniform Prudent Management of Institutional Funds Act, this endowed maintenance fund could be in jeopardy, and then the building would be in jeopardy.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;by N. A. Piwowar, 2011&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-8032286316868504664?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/8032286316868504664/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/11/endangered-1912-closson-edgerton.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/8032286316868504664'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/8032286316868504664'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/11/endangered-1912-closson-edgerton.html' title='Endangered 1912 Closson-Edgerton Maternity Pavilion'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-4308623112594559424</id><published>2011-11-14T14:34:00.001-05:00</published><updated>2011-11-14T14:35:59.630-05:00</updated><title type='text'>Muhlenberg Hospital Architecture -  A Forgotten American Treasure?</title><content type='html'>Muhlenberg Insider Newsletter&lt;br /&gt;A publication of the Citizens' Research Group on Muhlenberg Hospital&lt;br /&gt;August, 2009 edition&lt;br /&gt;&lt;br /&gt;The Best Kept Secret in Plainfield&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;The citizens of the Plainfield area, who have for over a year opposed the closure of their beloved Muhlenberg Regional Medical Center (Muhlenberg Hospital) based on humanitarian reasons, now must send another clarion call to the public about the possible loss of the historic core hospital architecture at the Muhlenberg site.&lt;br /&gt;&lt;br /&gt;All along many thought the battle of Muhlenberg was about the development rites of the Muhlenberg properties.  Whether that is the question or not - this question now has surfaced  - are the Plainfield area residents ready, willing and able  to stand up to fight for the historic buildings that currently exist on the property?  The same buildings that have stood on the Park Avenue/Randolph Road grounds since the opening in 1903, located in the center of the property and passed by daily without a thought to their historic significance to Plainfield, to New Jersey, and to the Nation.    &lt;br /&gt;&lt;br /&gt;In 1877, Muhlenberg Hospital was incorporated.  In 1879, Muhlenberg had its physical beginnings in the West End of Plainfield,  when the first hospital in Union County was built at Muhlenberg Place.  Within twenty years it became evident that a larger facility and more land was needed.  Since the location near the railroad tracks made it impossible for further expansion, the Board of Governors began to look for a more suitable location.  &lt;br /&gt;&lt;br /&gt;After many twists and turns and coaxing, the farmers at the southeastern part of Plainfield agreed to sell their farm land. Public money built Muhlenberg Hospital.  All private donations totaled in excess of $83,500.  $11,000 was for the land; $70,000 for the buildings, grading, driveways, and sewer plant; and $2,500 for furniture and furnishings.  An additional $10,000 was donated by a gift of J. Howard Wright for an operating pavilion in memory of his two grandsons, Howard Wright Corlies and Parker Wright Mason.  Ernest R. Ackerman (N.J. State Senate, 1905-1911; President of N.J. Senate, 1911; U.S. Congressman 1919-1931) donated a gift of a ward in memory of his father, J. Hervey Ackerman.   &lt;br /&gt;&lt;br /&gt;The 1903 building essentially looked like one large structure, but really consisted of five parts: the  columned entrance facing Randolph Road which comprised the main reception building including the superintendent's quarters, general offices, and staff dining room; the operating pavilion; the two wards for men and women; the large kitchen and the eye and ear and clinic department.  Although surrounded by fencing and other structures, it appears that a portion of those 1903 buildings are still in existence.  Some alterations are evident.  The 1903 main building with pediment removed is behind the 1936 columned building; however, the 1903 operating pavilion retains many of its original elements including inscription. An architectural historian would have to determine whether or not the historic significance of the remaining 1903 core Muhlenberg structures outweigh the alterations.&lt;br /&gt;&lt;br /&gt;What historic significance are these forgotten 1903 treasures? Other than being the oldest hospital in Union County and one of the oldest in New Jersey, Muhlenberg Hospital was designed and built by the architectural firm of Tracy and Swartwout of New York City.  Many of the Tracy and Swartwout firm's buildings are on the National Register of Historic Places, including: Cathedral of St. John in the Wilderness, Denver, (1905-1911);  the US Post Office and Courthouse now known as Byron R. White U.S. Courthouse (opened in 1916), in Denver, The Missouri State Capital building (1912-1916) in Jefferson City, Missouri.  Other buildings include: Former Yale Club, now the Penn Club, New York City, (1900);  Skull and Bones, cloister-garden at Yale University, New Haven, (1906);  Connecticut Savings Bank, New Haven, (1906); the Department of Commerce Building, Washington, D.C., (1912); George Washington Memorial Hall, Washington, D.C., (1915), and Ridgewood High School, Ridgewood, New Jersey, (1919).  Muhlenberg Hospital's 1903 buildings were some of the earliest Tracy and Swartwout buildings. &lt;br /&gt;&lt;br /&gt;The partners of the Tracy and Swartwout firm were Evarts Tracy (1868-1922) and Egerton Swartwout (1870-1943).  Both men were Yale graduates: Tracy in 1890 and Swartwout in 1891.  They met at the architectural firm of McKim, Mead &amp; White, and in 1900, formed a partnership called Tracy and Swartwout located in New York City. &lt;br /&gt;&lt;br /&gt;Evarts Tracy was a most interesting man.  He was born in New York on May 23, 1868, and moved with his family at the age of six to Plainfield, New Jersey.  His parents' house is located on West Eighth Street in the Van Wyck Brooks Historic District, Plainfield, New Jersey.  As stated earlier he graduated from Yale in 1890, and he was a Bonesman, Yale's secret society.  Tracy was the great-great grandson of Roger Sherman, one of the signers of the Declaration of Independence and the only one to sign three other historic documents: The Association of 1774, The Articles of Confederation, and the Constitution of the United States.  &lt;br /&gt;&lt;br /&gt;Tracy married Caroline Streuli on June 23, 1894.  In 1900, Evarts Tracy built his own house in Plainfield, New Jersey and occupied it in 1901.  Tracy's residence was built perpendicular to the road, and one could surmise that he watched the construction of Muhlenberg from his residence on Hillside Avenue. Tracy's residence is now part of the Hillside Avenue Historic District, Plainfield, New Jersey.&lt;br /&gt;&lt;br /&gt;In 1896, Tracy designed a Nurses' Home for the "old" Muhlenberg in the West End of Plainfield, and it was completed in 1897.  In 1901, The Board of Governors of Muhlenberg selected nine architects to submit plans for the "new" Muhlenberg, Tracy and Swartout won the competition, and the plans were adopted in 1902. On December 28, 1903, the patients were transferred to the "new" Muhlenberg Hospital.&lt;br /&gt;&lt;br /&gt;Tracy was not just an architect by trade. He was also a creative and curious soul and into the latest inventions of his time.  He purchased a locomobile, "Best Built Car in America," and it was expensive and elegant.  He thought so much of his locomobile that the archtitectural plans of his Hillside Avenue residence shows that he designed a large locomobile opening and door so that he could drive his locomobile right into the basement of his house.  This no longer exists at the residence, but what a concept for 1900.  The story goes that he also gave people rides around the city.&lt;br /&gt;&lt;br /&gt;References are made that Tracy retired from the architectural firm in 1915, but in actuality he offered his services to the country in the Great World War (WWI).  He entered the United States Army and commanded Co. 15 at the Pittsburgh Camp.  He had an idea about camouflage, and he was appointed captain in charge, and later commissioned Major of Engineers, commanding the 40th Camouflage Regiment organized in France.  His ideas of camouflage were used on ships and over two million soldiers were transported to Europe without a loss of life by German submarines.  He became known to the French government, and Lieut. Colonel Tracy was selected to work on the reconstruction of France.  He was in Paris for two months in 1922, when he developed heart disease and died in the American Hospital on January 31, 1922.   He was survived by his wife Caroline and five sisters and one brother. (He was one of nine children of Jeremiah and Martha Sherman Evarts Tracy, and two of his brothers pre-deceased him.)&lt;br /&gt;His military service during WWI was memorialized in the Plainfeld City Hall bronze memorial tablet.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;Just who was Lieut. Evarts Tracy, perhaps his tombstone reveals the man:&lt;br /&gt;&lt;br /&gt;"Sacred to the memory&lt;br /&gt;of &lt;br /&gt;Lieut. Col. Evarts Tracy&lt;br /&gt;Born New York May 23, 1868&lt;br /&gt;Died Paris January 31, 1922&lt;br /&gt;&lt;br /&gt;An architect who in the service of beauty&lt;br /&gt;erected noble buildings&lt;br /&gt;A soldier who in the service of his country&lt;br /&gt;won achievements expressing a valiant soul&lt;br /&gt;As Major of Engineers&lt;br /&gt;pioneer camouflage officer&lt;br /&gt;in the United States Army&lt;br /&gt;he performed important labors&lt;br /&gt;was twice cited for bravery in action &lt;br /&gt;and was &lt;br /&gt;awarded the distinquished service medal&lt;br /&gt;&lt;br /&gt;As a man and a friend he was loved."&lt;br /&gt;&lt;br /&gt;[Hillside Cemetery, on a hill overlooking Muhlenberg Hopsital]  &lt;br /&gt;&lt;br /&gt;&lt;br /&gt;Much more needs to be learned about Lieut. Colonel Evarts Tracy including information about his design of the old Plainfield Police Headquarters, his locomobile history, complete listing of all his architecural designs and buildings, his camouflage military experience, his Plainfield educational experience, and a further look at the historic significance of the 1903 core Muhlenberg buildings.  If anyone would like to assist, please call Nancy at (908) 757-0095.  &lt;br /&gt;&lt;br /&gt;Stay tuned!&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;Sources:  Plainfield Courier-News, December 18, 1903, and February 1, 1922.&lt;br /&gt;Muhlenberg Hospital, Plainfield, New Jersey, Report for 1903-1904, June, 1904.&lt;br /&gt;History of Union County, New Jersey, 1864-1923, by A. Van Doren Honeyman, 1923.&lt;br /&gt;Various internet websites.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;[update No. 4, 11/4/09]&lt;br /&gt;by Nancy A. Piwowar&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-4308623112594559424?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/4308623112594559424/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/11/muhlenberg-hospital-architecture.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/4308623112594559424'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/4308623112594559424'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/11/muhlenberg-hospital-architecture.html' title='Muhlenberg Hospital Architecture -  A Forgotten American Treasure?'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-3423789622295873719</id><published>2011-11-14T12:55:00.000-05:00</published><updated>2011-11-14T12:55:28.654-05:00</updated><title type='text'>Martha Tracy, MD (1876-1942)</title><content type='html'>Evarts Tracy's sister, Martha Tracy, MD, was one of &lt;br /&gt;New Jersey's pioneering female doctors, and relatively unknown in New Jersey history even though she was a dean of the Woman's Medical College of Pennsylvania (1918-1940), now Drexel University.  Dr. Tracy worked with Coley's toxins, an early possible cancer cure.&lt;br /&gt;&lt;br /&gt;Dr. Tracy was born in Plainfield, New Jersey, on &lt;br /&gt;April 10, 1876; she graduated from Bryn Mawr College&lt;br /&gt;in 1898, and from Woman's Medical College in 1904.  &lt;br /&gt;&lt;br /&gt;Her father, Jeremiah Evarts Tracy, was on the Board of Governors of Muhlenberg Hospital, and her brother, Evarts Tracy, was chosen as the architect of the "New" Muhlenberg.  It can be surmised that the family plan was to have her come back and run Muhlenberg as a woman  physician.  &lt;br /&gt;&lt;br /&gt;Dr. Tracy was an authority on preventive medicine, and in 1940, resigned her post at the Woman's Medical College to become the assistant director of Philadelphia's Public Health Department, first woman to hold that position.  &lt;br /&gt;&lt;br /&gt;At the time of her death she was assisting the war effort - medical preparedness for the city of Philadelphia in the event of air raids.  She succumbed to pneumonia on March 14, 1942.    &lt;br /&gt;&lt;br /&gt;By N. A. Piwowar, 2011.&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-3423789622295873719?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/3423789622295873719/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/11/martha-tracy-md-1876-1942.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/3423789622295873719'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/3423789622295873719'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/11/martha-tracy-md-1876-1942.html' title='Martha Tracy, MD (1876-1942)'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-1817273241822831574</id><published>2011-11-10T19:06:00.000-05:00</published><updated>2011-11-10T19:07:33.611-05:00</updated><title type='text'>The Muhlenberg Operating Pavilion: Plainfield's Forgotten Gem                   by Nancy A. Piwowar</title><content type='html'>Hidden behind a stockade fence, set far off Randolph Road, on the Muhlenberg property is a red brick building with a large arched window and a scrolled keystone. The Muhlenberg Operating Pavilion dates to 1903, and is Plainfield's forgotten gem. &lt;br /&gt;&lt;br /&gt;A notice in the local newspaper, Plainfield Courier-News, in 1900, related the possibility of a new hospital building, and the response by the local residents was immediate.  Public subscriptions were received.  Then the decision was made by the Muhlenberg Board of Governors, to build a "new" Muhlenberg Hospital at a new site, and many distinguished men offered land.  James E. Martine offered a lot on Thorton Avenue.  Former Mayor of North Plainfield, John F. Wilson, offered a lot in North Plainfield, but this could not be accepted because it was in a different county.  Finally the Muhlenberg Board of Governors took an option on farm land at the edge of the City on Park Avenue and Randolph Road.&lt;br /&gt;&lt;br /&gt;Within four months of the discussions of a "new" Muhlenberg in the local newspaper, it was reported that J. Howard Wright in April, 1901, gave the largest and most generous donation of $10,000 for an operating pavilion for the "new" Muhlenberg in memory of his two grandsons.  Howard Wright Corlies died at the age of 23 from pneumonia in 1899.  Parker Wright Mason died at the age of 19 from typhoid fever in 1900.  J. Howard Wright was a wealthy Standard Oil businessman from New York City, and his two daughters and families resided in Plainfield, for many years.  &lt;br /&gt;&lt;br /&gt;The Muhlenberg Operating Pavilion also contained a sterilizing room, an etherizing room, a room for the X-ray instrument and a recovery room, which were all considered essential for a modern hospital.  &lt;br /&gt;&lt;br /&gt;The 1903 Muhlenberg Operating Pavilion retains many of its original exterior elements including inscription, large arched, scrolled keystone, and northern window. The only evident change is the removal of the roof line skylight.  The Muhlenberg Operating Pavilion was designed by Tracy and Swartwout, a New York architectural firm, and Evarts Tracy, one of the architects, grew up in Plainfield on West Eighth Street in the Van Wyck Brooks Historic District, and he later resided with his wife on Hillside Avenue, in the Hillside Avenue Historic District within sight of the "new" Muhlenberg and the Muhlenberg Operating Pavilion.&lt;br /&gt;&lt;br /&gt;The 1903 Tracy and Swartwout Muhlenberg complex of buildings were not built squarely to face either Park Avenue or Randolph Road, but were "built squarely with the points of the compass."  The purpose of this was "to have the operating room face North, so that it would have the full benefit of the North light." [Plainfield Courier-News, July 19, 1902, page one article.]&lt;br /&gt;&lt;br /&gt;Plainfield's forgotten gem has survived over one hundred and seven years, and is passed by daily on the way to the satellite emergency department without nearly a second glance because it is behind a stockade fence.  The wall inscription is obscured by the fence, and according to newspaper articles, behind the cornerstone of operating pavilion is a copper box that contains various items including: local and New York newspapers, Muhlenberg Hospital annual reports,  photographs of J. Howard Wright's grandsons, photographs of doctors, nurses, employees, and of the old hospital buildings, names of the contractors, to name a few items.  &lt;br /&gt;&lt;br /&gt;The Muhlenberg Operating Pavilion serves as a grand monument to Mr. Wright's Plainfield family, and the Muhlenberg Operating Pavilion is one of the only known surviving separate, stand alone operating room buildings extant in New Jersey and most likely in the United States.  It is important to preserve The Muhlenberg Operating Pavilion because it is a monument to the Wright family, Muhlenberg heritage and medical culture, and Muhlenberg's doctors, nurses and staff.&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-1817273241822831574?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/1817273241822831574/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/11/muhlenberg-operating-pavilion.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/1817273241822831574'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/1817273241822831574'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/11/muhlenberg-operating-pavilion.html' title='The Muhlenberg Operating Pavilion: Plainfield&apos;s Forgotten Gem                   by Nancy A. Piwowar'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-7664785885769488494</id><published>2011-11-03T05:49:00.000-04:00</published><updated>2011-11-03T05:49:10.192-04:00</updated><title type='text'>JFK Muhlenberg Free Transportation Brochure</title><content type='html'>&lt;a title="View JFK MUHL Transportation Brochure Final on Scribd" href="http://www.scribd.com/doc/6717471/JFK-MUHL-Transportation-Brochure-Final" style="margin: 12px auto 6px auto; font-family: Helvetica,Arial,Sans-serif; font-style: normal; font-variant: normal; font-weight: normal; font-size: 14px; line-height: normal; font-size-adjust: none; font-stretch: normal; -x-system-font: none; display: block; text-decoration: underline;"&gt;JFK MUHL Transportation Brochure Final&lt;/a&gt;&lt;iframe class="scribd_iframe_embed" src="http://www.scribd.com/embeds/6717471/content?start_page=1&amp;view_mode=list&amp;access_key=key-10vkp3b2ed8vvdbvn9jw" data-auto-height="true" data-aspect-ratio="" scrolling="no" id="doc_63875" width="100%" height="600" frameborder="0"&gt;&lt;/iframe&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-7664785885769488494?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/7664785885769488494/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/11/jfk-muhlenberg-free-transportation.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/7664785885769488494'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/7664785885769488494'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/11/jfk-muhlenberg-free-transportation.html' title='JFK Muhlenberg Free Transportation Brochure'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-4020630967455686014</id><published>2011-11-03T05:43:00.001-04:00</published><updated>2011-11-03T05:43:10.966-04:00</updated><title type='text'>SED Brochure Advertising Free Transportation to Hospitals</title><content type='html'>&lt;a title="View SED Bi Fold Brochure Final-1 on Scribd" href="http://www.scribd.com/doc/6717871/SED-Bi-Fold-Brochure-Final1" style="margin: 12px auto 6px auto; 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font-family: Helvetica,Arial,Sans-serif; font-style: normal; font-variant: normal; font-weight: normal; font-size: 14px; line-height: normal; font-size-adjust: none; font-stretch: normal; -x-system-font: none; display: block; text-decoration: underline;"&gt;MuhlenbergFoundation.1a&lt;/a&gt;&lt;iframe class="scribd_iframe_embed" src="http://www.scribd.com/embeds/71357215/content?start_page=1&amp;view_mode=list&amp;access_key=key-8hlnmnyyxetdeqy4g1l" data-auto-height="true" data-aspect-ratio="1" scrolling="no" id="doc_14414" width="100%" height="600" frameborder="0"&gt;&lt;/iframe&gt;&lt;script type="text/javascript"&gt;(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "http://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })();&lt;/script&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-8350094368781890062?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/8350094368781890062/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/11/muhlenberg-foundation-board-and-highest.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/8350094368781890062'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/8350094368781890062'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/11/muhlenberg-foundation-board-and-highest.html' title='Muhlenberg Foundation: Board and Highest Salaries'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-2040705110912811164</id><published>2011-11-01T15:40:00.001-04:00</published><updated>2011-11-01T15:40:39.631-04:00</updated><title type='text'>Harriet Washington "Deadly Monopolies" Interview</title><content type='html'>&lt;script type="text/javascript" src="http://www.democracynow.org/embed_show_v2/300/2011/10/31/story/deadly_monopolies_medical_ethicist_harriet_washington"&gt;&lt;/script&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-2040705110912811164?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/2040705110912811164/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/11/harriet-washington-deadly-monopolies.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/2040705110912811164'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/2040705110912811164'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/11/harriet-washington-deadly-monopolies.html' title='Harriet Washington &quot;Deadly Monopolies&quot; Interview'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-4415204900190059058</id><published>2011-10-29T17:24:00.000-04:00</published><updated>2011-10-29T17:25:19.659-04:00</updated><title type='text'>Plainfield Health Center IRS Disclosure: Board and Top Salaries</title><content type='html'>&lt;a href="http://www.scribd.com/doc/70467136/PlainfieldNeighborhoodHealthCenter-1" style="-x-system-font: none; display: block; font-size-adjust: none; font-stretch: normal; font: 14px Helvetica, Arial, Sans-serif; margin: 12px auto 6px; text-decoration: underline;" title="View PlainfieldNeighborhoodHealthCenter.1 on Scribd"&gt;PlainfieldNeighborhoodHealthCenter.1&lt;/a&gt;&lt;iframe class="scribd_iframe_embed" data-aspect-ratio="1" data-auto-height="true" frameborder="0" height="600" id="doc_34372" scrolling="no" src="http://www.scribd.com/embeds/70467136/content?start_page=1&amp;amp;view_mode=list&amp;amp;access_key=key-b6joqnqda6idhpukh2y" width="100%"&gt;&lt;/iframe&gt;&lt;script type="text/javascript"&gt;(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "http://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })();&lt;/script&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-4415204900190059058?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/4415204900190059058/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/10/plainfield-neighborhood-health-center.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/4415204900190059058'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/4415204900190059058'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/10/plainfield-neighborhood-health-center.html' title='Plainfield Health Center IRS Disclosure: Board and Top Salaries'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-42787996591036195</id><published>2011-10-29T17:20:00.000-04:00</published><updated>2011-10-29T17:20:24.092-04:00</updated><title type='text'>Muhlenberg Hospital IRS Disclosure: Board and Top Salaries</title><content type='html'>&lt;a href="http://www.scribd.com/doc/70467224/MuhlenbergRegional-1" style="-x-system-font: none; display: block; font-size-adjust: none; font-stretch: normal; font: 14px Helvetica, Arial, Sans-serif; margin: 12px auto 6px; text-decoration: underline;" title="View MuhlenbergRegional.1 on Scribd"&gt;MuhlenbergRegional.1&lt;/a&gt;&lt;iframe class="scribd_iframe_embed" data-aspect-ratio="1" data-auto-height="true" frameborder="0" height="600" id="doc_92763" scrolling="no" src="http://www.scribd.com/embeds/70467224/content?start_page=1&amp;amp;view_mode=list&amp;amp;access_key=key-23u1wwyzuwvryefwe658" width="100%"&gt;&lt;/iframe&gt;&lt;script type="text/javascript"&gt;(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "http://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })();&lt;/script&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-42787996591036195?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/42787996591036195/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/10/muhlenberg-hospital-irs-disclosure.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/42787996591036195'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/42787996591036195'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/10/muhlenberg-hospital-irs-disclosure.html' title='Muhlenberg Hospital IRS Disclosure: Board and Top Salaries'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-7528511438632897247</id><published>2011-10-27T16:58:00.000-04:00</published><updated>2011-10-27T16:58:24.663-04:00</updated><title type='text'>Solaris IRS Disclosure: Board Members and Highest Salaries</title><content type='html'>&lt;a href="http://www.scribd.com/doc/70466878/SolarisHealthSystems-1" style="-x-system-font: none; display: block; font-family: Helvetica,Arial,Sans-serif; font-size-adjust: none; font-size: 14px; font-stretch: normal; font-style: normal; font-variant: normal; font-weight: normal; line-height: normal; margin: 12px auto 6px auto; text-decoration: underline;" title="View SolarisHealthSystems.1 on Scribd"&gt;SolarisHealthSystems.1&lt;/a&gt;&lt;iframe class="scribd_iframe_embed" data-aspect-ratio="1" data-auto-height="true" frameborder="0" height="600" id="doc_22366" scrolling="no" src="http://www.scribd.com/embeds/70466878/content?start_page=1&amp;amp;view_mode=list&amp;amp;access_key=key-42j0rby9xutgfld2ywm" width="100%"&gt;&lt;/iframe&gt;&lt;script type="text/javascript"&gt;(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "http://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })();&lt;/script&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-7528511438632897247?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/7528511438632897247/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/10/solaris-irs-disclosure-board-members.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/7528511438632897247'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/7528511438632897247'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/10/solaris-irs-disclosure-board-members.html' title='Solaris IRS Disclosure: Board Members and Highest Salaries'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-8234020666800168847</id><published>2011-10-14T14:43:00.000-04:00</published><updated>2011-10-14T14:43:39.928-04:00</updated><title type='text'>Muhlenberg Foundation IRS 990 Financial Analysis</title><content type='html'>&lt;a href="http://www.scribd.com/doc/63380552/Muhlenberg-Foundation-IRS-990-Financial-Analysis" style="-x-system-font: none; display: block; font-size-adjust: none; font-stretch: normal; font: 14px Helvetica, Arial, Sans-serif; margin: 12px auto 6px; text-decoration: underline;" title="View Muhlenberg Foundation IRS 990 Financial Analysis on Scribd"&gt;Muhlenberg Foundation IRS 990 Financial Analysis&lt;/a&gt;&lt;iframe class="scribd_iframe_embed" data-aspect-ratio="0.772727272727273" data-auto-height="true" frameborder="0" height="600" id="doc_53882" scrolling="no" src="http://www.scribd.com/embeds/63380552/content?start_page=1&amp;amp;view_mode=list&amp;amp;access_key=key-2447twmevo328xl0sg0b" width="100%"&gt;&lt;/iframe&gt;&lt;script type="text/javascript"&gt;(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "http://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })();&lt;/script&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-8234020666800168847?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/8234020666800168847/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/10/muhlenberg-foundation-irs-990-financial.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/8234020666800168847'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/8234020666800168847'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/10/muhlenberg-foundation-irs-990-financial.html' title='Muhlenberg Foundation IRS 990 Financial Analysis'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-4905866509421903636</id><published>2011-10-03T23:41:00.000-04:00</published><updated>2011-10-03T23:41:43.864-04:00</updated><title type='text'>Hospital Closings, Nonprofit Corporations and Unregulated Asset Transfers</title><content type='html'>The closing of the Muhlenberg Regional Medical Center (MRMC) by Solaris Health System (Solaris) may have violated the Articles of Incorporation of the MRMC and the Muhlenberg Foundation (MF). The MRMC was founded “for the purpose of care, cure, and nurture of sick and injured persons” which “are to be carried out in the City of Plainfield and its vicinity.” The Muhlenberg Foundation was formed to be operated exclusively for the benefit of the Muhlenberg Hospital and was the principal fund raising arm of the hospital. &lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;In 1997, John F. Kennedy Hospital (JFK) of Edison, New Jersey was merged with the Muhlenberg Regional Medical Center (MRMC) of Plainfield, New Jersey, which formed Solaris Health System. It was called a pooling of interests on the Consolidated Financial Statement of Solaris Health System. After the merger, Solaris gained $44 million in assets. Prior to the merger, Solaris had net assets of $109 M. After the 1997 merger, Solaris had $153 M in net assets. Included in the assets that were acquired by Solaris was the Comprehensive Health and Educational Corporation, a for-profit corporation.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;At the time of the merger, Solaris told the employees that it was a kind of partnership and that no one partner took the other over. But soon after the merger, assets started to be transferred to JFK Hospital or sold. As early as 1997, Associated Radiology was replaced by the radiology group affiliated with JFK. &lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt; 1998 - The Diabetes Center was moved to Talmadge Road in Edison, NJ. &lt;br /&gt;&lt;br /&gt; 2000 - SurgiCare of Central New Jersey was sold by Solaris in.&lt;br /&gt;&lt;br /&gt; 2001 - The Dialysis Center, located at the Kenyon House, was sold. &lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;Since 2003 Solaris Health System has moved a number of very successful operations from Muhlenberg to JFK Hospital. Some of the functions transferred to JFK include: Pediatrics, Out-patient Physical Therapy, Orthopedics and in-patient Oncology. &lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;Did Solaris Health System misrepresent the financial condition of Muhlenberg Regional Medical Center in order to win the approval of the State Commissioner of Health and Senior Services to close the Hospital? The Federal Exempt Organization return (Forms 990) filed under the penalty of perjury with the Internal Revenue Service shows a much stronger financial picture than the one reflected on the MRMC Consolidated Statement of Operations for the years 2005, 2006 and 2007. Profit/ (Loss) before Depreciation and Interest were: &lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt; $9.9 M Profit in 2005&lt;br /&gt;&lt;br /&gt; $4.7 M Profit in 2006 &lt;br /&gt;&lt;br /&gt; $4.6 M Loss in 2007&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;As of December 31, 2007, the MRMC was a solvent corporation and had net assets of &lt;br /&gt;&lt;br /&gt;$ 5.2 M. Even after MRMC was stripped of many profitable assets by Solaris, it was still a financially viable corporation. At the New Jersey State Health Planning Board meetings in Plainfield, New Jersey pertaining to the closing of the MRMC, a number of speakers questioned the losses reflected by the MRMC. At least one speaker suggested that an independent CPA firm be appointed to evaluate this matter before a decision was reached on the Certificate of Need for closure. The pleas of the speakers were ignored. Below is a summary of the difference between the numbers reflected on the IRS Form 990 return and the MRMC Financial Statements: &lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;Year Financial Statement IRS Return&lt;br /&gt;&lt;br /&gt;2005 1.5 M Loss 2.3 M Profit&lt;br /&gt;&lt;br /&gt;2006 2.9 M Loss 2.5 M Loss&lt;br /&gt;&lt;br /&gt;2007 16.7 M Loss 11.9 M Loss&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;IRS Profit/ Loss before Depreciation and Interest&lt;br /&gt;&lt;br /&gt;Year Profit/Loss Depreciation/ Profit/ Loss&lt;br /&gt;&lt;br /&gt;Interest &lt;br /&gt;&lt;br /&gt;2005 2.3 M Profit 7.6 M 9.9 M Profit &lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;2006 2.5 M Loss 7.2 M 4.7 M Profit&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;2007 11.9 M Loss 7.3 M 4.6 M Loss &lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;In 2007 the Muhlenberg Foundation transferred the stock of Midtown Shops Corporation, a firm that has extensive holdings of commercial real estate, to the Muhlenberg Region Medical Center. The Muhlenberg Foundation received the Midtown Shops stock as a pledge from the Harold B. &amp;amp; Dorothy A. Snyder Foundation in 2007 and valued it on their books at $4.7 million, which included $200,000 in cash. Prior to the stock being controlled by the Muhlenberg Foundation, the Snyder Foundation received a yearly dividend of $109,000 from Midtown Shops Corporation. The purpose of this transaction needs to be questioned. Was it done in good faith? Why was Midtown Shops stock transferred from the Muhlenberg Foundation within months after the Foundation received the total pledge, which was settled over a period of three years? Also, the value of the real estate holdings of the Midtown Shops Corporation must be determined by an independent appraiser. In addition, the Muhlenberg Foundation is the majority owner of the Comprehensive Health and Education Corporation (CHC). The value of this for profit corporation must be determined. In 2008, MRMC assets were transferred to JFK Hospital even before the closing of the Muhlenberg Regional Medical Center was approved by the State Commissioner of Health and Senior Services. These items included hospital beds, computers, nursing and operating room equipment. &lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;A review of the 2007 IRS Form 990 for the MRMC indicates that a $150,000 loss on the sale of property and equipment needs to be reviewed and verified. Was it a bonified loss? Finally, MRMC restated its previously issued financial statements in 2007 to correct errors made in 2006 and in prior years that related to interest in perpetual trusts that were not recorded on the books in earlier years. These perpetual trusts have a value of $2.4 million. The trust covenants need to be reviewed to ensure that the endowments restricting the funds for uses in Plainfield are being followed.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;Solaris Health System controlled the Board of Directors of the MRMC and the Muhlenberg Foundation. When you review all the transactions over a period of years that were directed by Solaris, it appears that Solaris might have orchestrated actions between the related corporations that are considered prohibited transactions. The Board of Directors of the MRMC and the Muhlenberg Foundation may not have acted independently. They allowed Solaris to close the hospital without conducting their own needs assessment or impact study. The Board of Directors never considered operating the Hospital independently. Thus, the tax exempt status of Solaris Health System is in question. Should it be revoked?&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-4905866509421903636?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/4905866509421903636/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/10/hospital-closings-nonprofit.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/4905866509421903636'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/4905866509421903636'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/10/hospital-closings-nonprofit.html' title='Hospital Closings, Nonprofit Corporations and Unregulated Asset Transfers'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-7984587987747272607</id><published>2011-10-03T16:12:00.000-04:00</published><updated>2011-10-22T15:23:33.270-04:00</updated><title type='text'>Harriet Washington Signing "Medical Apartheid" and "Deadly Monopolies" At Johns Hopkins' Henrietts Lacks Memorial Lecture 1/1/2011</title><content type='html'>&lt;div class="separator" style="clear: both; text-align: center;"&gt;&lt;a href="http://1.bp.blogspot.com/-WtdzaWsJSBo/TooYYw3Tv-I/AAAAAAAAABQ/dFwHtVvMvU4/s1600/HW_10_01_2011%255B1%255D.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"&gt;&lt;img border="0" height="239" kca="true" src="http://1.bp.blogspot.com/-WtdzaWsJSBo/TooYYw3Tv-I/AAAAAAAAABQ/dFwHtVvMvU4/s320/HW_10_01_2011%255B1%255D.jpg" width="320" /&gt;&lt;/a&gt;&lt;/div&gt;&lt;div class="separator" style="clear: both; text-align: center;"&gt;&lt;br /&gt;&lt;/div&gt;&lt;div class="separator" style="clear: both; text-align: center;"&gt;&lt;a href="http://www.deadlymonopolies.com/"&gt;&lt;span style="background-color: cyan;"&gt;&lt;strong&gt;http://www.DeadlyMonopolies.com/&lt;/strong&gt;&lt;/span&gt;&lt;/a&gt;&lt;/div&gt;&lt;div class="separator" style="clear: both; text-align: center;"&gt;&lt;a href="http://www.medicalapartheid.com/"&gt;http://www.medicalapartheid.com/&lt;/a&gt;&lt;/div&gt;&lt;div class="separator" style="clear: both; text-align: center;"&gt;﻿&lt;/div&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-7984587987747272607?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/7984587987747272607/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/10/harriet-washington-and-deborah-dowe.html#comment-form' title='4 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/7984587987747272607'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/7984587987747272607'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/10/harriet-washington-and-deborah-dowe.html' title='Harriet Washington Signing &quot;Medical Apartheid&quot; and &quot;Deadly Monopolies&quot; At Johns Hopkins&apos; Henrietts Lacks Memorial Lecture 1/1/2011'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><media:thumbnail xmlns:media='http://search.yahoo.com/mrss/' url='http://1.bp.blogspot.com/-WtdzaWsJSBo/TooYYw3Tv-I/AAAAAAAAABQ/dFwHtVvMvU4/s72-c/HW_10_01_2011%255B1%255D.jpg' height='72' width='72'/><thr:total>4</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-7769017156055045977</id><published>2011-09-12T18:28:00.000-04:00</published><updated>2011-09-12T18:28:10.287-04:00</updated><title type='text'>Federal Health Centers A Factor In Hospital Closings</title><content type='html'>&lt;a href="http://www.scribd.com/doc/64733648/Federal-Health-Centers-A-Factor-In-Hospital-Closings" style="-x-system-font: none; display: block; font-size-adjust: none; font-stretch: normal; font: 14px Helvetica, Arial, Sans-serif; margin: 12px auto 6px; text-decoration: underline;" title="View Federal Health Centers A Factor In Hospital Closings on Scribd"&gt;Federal Health Centers A Factor In Hospital Closings&lt;/a&gt;&lt;iframe class="scribd_iframe_embed" data-aspect-ratio="0.772727272727273" data-auto-height="true" frameborder="0" height="600" id="doc_54428" scrolling="no" src="http://www.scribd.com/embeds/64733648/content?start_page=1&amp;amp;view_mode=list&amp;amp;access_key=key-2f0ub705ney5zgv22gx7" width="100%"&gt;&lt;/iframe&gt;&lt;script type="text/javascript"&gt;(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "http://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })();&lt;/script&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-7769017156055045977?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/7769017156055045977/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/09/federal-health-centers-factor-in.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/7769017156055045977'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/7769017156055045977'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/09/federal-health-centers-factor-in.html' title='Federal Health Centers A Factor In Hospital Closings'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-7725523697251108729</id><published>2011-09-11T00:23:00.000-04:00</published><updated>2011-09-11T00:25:23.514-04:00</updated><title type='text'>Nonprofit Mergers and Aquisitions Revisited</title><content type='html'>&lt;div style="text-align: center;"&gt;Monday, January 26, 2009&lt;/div&gt;&lt;div style="text-align: center;"&gt;&lt;/div&gt;&lt;div style="text-align: center;"&gt;&lt;br /&gt;&lt;/div&gt;&lt;div style="text-align: center;"&gt;The Muhlenberg Independents &lt;/div&gt;&lt;br /&gt;&lt;br /&gt;New Jersey hospital closings have exposed a mergers and acquisitions strategy, popularized by rogue nonprofits, who remove social services and endowments accumulated over decades, while robbing all levels of government of tax revenue, as they enrich themselves personally.&lt;br /&gt;&lt;br /&gt;Muhlenberg was started 131 years ago after a train accident, beginning a tradition of bequests and endowments long before government was expected to provide for charity care. Residents upheld a long tradition of leaving bequests and endowments they expected to compensate for charity care. The Muhlenberg Independents are researchers that believe the salvation of Muhlenberg lies in the protection of those assets that include an astonishing amount of real estate outside of Plainfield. Muhlenberg exposes a fatal flaw in the protection given to endowments, after the benefactor’s death.&lt;br /&gt;&lt;br /&gt;Wall Street tactics of mergers and acquisitions have spread and redefined the practices of a new generation of profiteers. Utilizing the barely scrutinized and rarely regulated structures of nonprofit corporations, the plundering of old richly endowed facilities, like Muhlenberg Hospital, is turning into a tragic loss of history and multiple generations of philanthropy. We must honor the sacrifice of people who made provisions to care for the poor and disenfranchised or return those assets to the appropriate heirs.&lt;br /&gt;&lt;br /&gt;The Muhlenberg Independents are in possession of a small mountain of financial documents that prove the violation of donor intent and the failure of the State of New Jersey to protect the substantial donated assets of old hospitals that the state is closing.&lt;br /&gt;&lt;br /&gt;Muhlenberg remains an asset even in its current state. It does not matter if the hospital has been gutted and the cost of keeping such an old building functional are high. The only thing that cannot be replaced is the land. The community deserves a fair price and an uncompromised sale with Solaris relinquishing all control over the assets of Muhlenberg.&lt;br /&gt;&lt;br /&gt;Solaris was voted control of Muhlenberg’s substantial assets without payment or promises to continue to serve the community. Is their refusal to participate in a good faith effort to find a buyer indicative of their alternative agenda or the legal lack of standing to sell a facility that they control, but do not own? Did Solaris even have the legal standing to apply for a certificate of need to close Muhlenberg?&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-7725523697251108729?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/7725523697251108729/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/09/nonprofit-mergers-and-aquisitions.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/7725523697251108729'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/7725523697251108729'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/09/nonprofit-mergers-and-aquisitions.html' title='Nonprofit Mergers and Aquisitions Revisited'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-8706744403056292398</id><published>2011-09-04T06:11:00.001-04:00</published><updated>2011-09-04T06:16:30.224-04:00</updated><title type='text'>FBI Healthcare Fraud Education</title><content type='html'>&lt;br /&gt;&lt;a href="http://www.scribd.com/doc/63906139/FBI-Healthcare-Fraud-Education" style="-x-system-font: none; 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})();&lt;/script&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-3088505286037644693?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/3088505286037644693/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/09/fbi-nj-launches-healthcare-fraud.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/3088505286037644693'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/3088505286037644693'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/09/fbi-nj-launches-healthcare-fraud.html' title='FBI NJ Launches Healthcare Fraud Awareness Drive'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-7777117572233380611</id><published>2011-08-28T20:06:00.000-04:00</published><updated>2011-08-28T20:11:34.648-04:00</updated><title type='text'>Sen. Vitale Sponsors Legislation Expediting Muhlenberg Asset Transfers</title><content type='html'>&lt;a href="http://www.scribd.com/fullscreen/63396440?access_key=key-ateiqw9si9moo1uabh2"&gt;http://www.scribd.com/fullscreen/63396440?access_key=key-ateiqw9si9moo1uabh2&lt;/a&gt;&lt;br /&gt;&lt;br /&gt;&lt;a href="http://www.scribd.com/doc/63396440/MI-Sen-Vitale-Releases-Legislative-Motives-for-Muhlenberg-Closure" style="-x-system-font: none; display: block; font-size-adjust: none; font-stretch: normal; font: 14px Helvetica, Arial, Sans-serif; margin: 12px auto 6px; text-decoration: underline;" title="View MI - Sen Vitale Releases Legislative Motives for Muhlenberg Closure on Scribd"&gt;MI - Sen Vitale Releases Legislative Motives for Muhlenberg Closure&lt;/a&gt;&lt;iframe class="scribd_iframe_embed" data-aspect-ratio="0.772727272727273" data-auto-height="true" frameborder="0" height="600" id="doc_89325" scrolling="no" src="http://www.scribd.com/embeds/63396440/content?start_page=1&amp;amp;view_mode=list&amp;amp;access_key=key-ateiqw9si9moo1uabh2" width="100%"&gt;&lt;/iframe&gt;&lt;script type="text/javascript"&gt;(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "http://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })();&lt;/script&gt; &lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-7777117572233380611?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/7777117572233380611/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/08/httpwww.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/7777117572233380611'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/7777117572233380611'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/08/httpwww.html' title='Sen. Vitale Sponsors Legislation Expediting Muhlenberg Asset Transfers'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-5273052408410564002</id><published>2011-08-27T20:54:00.000-04:00</published><updated>2011-08-27T23:05:25.314-04:00</updated><title type='text'>Muhlenberg Foundation Financial Review</title><content type='html'>&lt;div style="text-align: center;"&gt;Muhlenberg Foundation Inc.&lt;/div&gt;&lt;div style="text-align: center;"&gt;Review of 12/31/2008 &amp;amp; 12/31/2007 Forms 990&lt;/div&gt;&lt;br /&gt;&lt;br /&gt;In 2007, the Muhlenberg Foundation made payments to the Muhlenberg Regional Medical Center of $5,571,490, which included the transfer of stock of the Midtown Shops Corporation, a firm that has extensive holdings of commercial real estate.  The Muhlenberg Foundation received the Midtown Shops stock as a pledge from the Harold B. &amp;amp; Dorothy A. Snyder Foundation in 2007 and valued it on their books at $4,712,976, which included $208,570 in cash.  Prior to the stock being controlled by the Muhlenberg Foundation, the Snyder Foundation received a yearly dividend of $109,000 from the Midtown Shops Corporation. The transfer resulted in 30.4 percent of the net assets of the Muhlenberg Foundation being transferred to the Muhlenberg Regional Medical Center. The purpose of this transaction needs to be questioned.  Was it done in good faith?  Why was Midtown Shops stock transferred from the Muhlenberg Foundation to the Muhlenberg Regional Medical Center within months after the Foundation received the total pledge, which was settled over a period of three years.  We question how the income from the Midtown Shops is reflected on the Muhlenberg Regional Medical Center Return for the years ending December 31, 2007 and December 31, 2008.   &lt;br /&gt;&lt;br /&gt;The closing of the Muhlenberg Regional Medical Center (MRMC) acute care hospital by Solaris Health Systems in August of 2008 violated the original Articles of Incorporation, which clearly states that the sole purpose of the organization is “to provide a hospital for the residents of Plainfield, New Jersey.”  The Muhlenberg Foundation was formed to operate exclusively for the benefit of the Muhlenberg Hospital and was the principal fundraising arm of the hospital.  Thus, the closing of the hospital left the Muhlenberg Foundation without a hospital to support in Plainfield, New Jersey.  The statement of Program Service Accomplishments on the Muhlenberg Foundation Form 990 for 2008 now states the Foundation is “to engage in programs and activities for the benefit of Solaris Health Systems.” This is a drastic change from the purpose as stated in the Foundation’s Articles of Incorporation.  The change was made prior to a New Jersey Appellate Court hearing challenging the closing of the Muhlenberg Regional hospital.&lt;br /&gt;&lt;br /&gt;The Attorney General under Governor Jon Corzine failed to protect the interests of the Muhlenberg Foundation and the 13 communities serviced by the Muhlenberg Regional Medical Center when it stood silent and allowed the Muhlenberg Hospital to close.  The closing of the hospital terminated the purpose of the Foundation.  Did Solaris Health Systems, the Muhlenberg Regional Medical Center, or the Muhlenberg Foundation notify the Attorney General or the Surrogate Court of the hospital’s closing or seek direction as to the disposition of its assets?  The net assets of the Muhlenberg Hospital were reduced by 1,026%!!   Net assets in the beginning of 2008 were $5,238,417 and at the end of the year they were (-$53,788,837).  The $55,808,594 loss from discontinued operations was charged against unrestricted net assets and needs to be verified by a complete audit of the return. (The discontinued operations loss was primarily the acute care hospital income and operating expenses for the period January 1, 2008 through August 2008).  However, included in net assets of the Muhlenberg Regional Medical Center was $1,875,325 in perpetual trusts. The health services rendered at the Muhlenberg Regional Medical Center have been reduced to a bare minimum, which resulted in the constructive closure of the hospital facility.  The remaining health services are: &lt;br /&gt;a.	Home Health Care (Per 2008 Form 990 for MRMC, Home Health Care receives 45% of the revenue from non-acute care hospital sources of income)&lt;br /&gt;b.	School of Radiology&lt;br /&gt;c.	A small satellite Emergency Room that will close in 3.5 years&lt;br /&gt;d.	minimal outpatient services &lt;br /&gt;e.	A limited X-ray department that does CAT scans twice a week.&lt;br /&gt;&lt;br /&gt;As of December 31, 2008, the net assets of the Muhlenberg Foundation were    $7,597,236.  This includes $2,950,583 in investments in publically traded securities and $1,767,663 in beneficial interest in perpetual trust. Included in this total was $1,640,356 in assets described on the Balance Sheet as “Assets whose use is Limited”?   A specific analysis needs to be completed in order to determine the nature and purpose of assets classified as “Assets whose use is Limited”. &lt;br /&gt;&lt;br /&gt;Other Issues requiring resolution by independent review of the Forms 990 for the years ending 12/31/2007 and 12/31/2008 are as follows&lt;br /&gt;:&lt;br /&gt;1.	Why did the Investment Income on Form 990 of the Muhlenberg Foundation decrease from $330,625 in 2007 to $4,563 in 2008?&lt;br /&gt;2.	Why did the investments in publicly traded securities on Form 990 of the Muhlenberg Foundation decline from $5,803,443 in 2007 to $2,950,583 in 2008?&lt;br /&gt;3.	Determine reason(s) for the large decrease in net assets of the Muhlenberg Foundation from $9,760,931 in 2007 to $7,597,236 in 2008. &lt;br /&gt;4.	Form 990 - Part 5, question 6a - Did the organization solicit any contributions that were not tax deductible? The “yes” box was checked.  From whom and for what reasons were these contributions solicited?&lt;br /&gt;5.	Form 990 - Part 5, question 7a – Did the organization provide goods or services in exchange for any quid pro quo contribution on more than $75.00?  The “yes” box was checked.  What were the goods and services provided and why was it considered a quid pro quo transaction?&lt;br /&gt;6.	Form 990 - Part 6, Section A, question 7a – Does the organization have members, stockholders, or other persons who may elect one or more members of the governing body?  The “yes” box was checked.  The Foundation was established to support a hospital in Plainfield, New Jersey, which is located in Union County.  If the control of the governing body is transferred outside of Plainfield and Union County, the community may have been harmed by decisions from a Board of Directors without ties to Plainfield, New Jersey or Union County.&lt;br /&gt;7.	Form 990 - Part 6, Section A, question 7b – Are any decisions of the governing body subject to approval by members, stockholders or other persons? The “yes” box was checked.  The issue in item 7b is the same as in item 7a; were the decisions by the Board of Directors compromised by persons not living and associated with the Plainfield community and Union County? &lt;br /&gt;8.	Why were $229,892 (2007) and $74,095 (2008) of net assets released from restrictions for use in operations on the Foundation’s Form 990?  &lt;br /&gt;9.	What was the $464,370 unrealized gain from investments other than trading securities on the Foundation’s Form 990 for 2008?&lt;br /&gt;10.	 The issues as reflected in items 6 &amp;amp; 7 above are also present on the 2008 Form 990 of the Muhlenberg Regional Medical Center.&lt;br /&gt;11.	 What systems are in place in order to protect the Muhlenberg Foundation’s Perpetual Trusts of $1,767,633 and the Muhlenberg Regional Medical Center’s Perpetual Trusts of $1,875,325?  Are the terms of the trust instruments being followed?&lt;br /&gt;12.	 A review of the Forms 990 of the Plainfield Neighborhood Health Center shows that Muhlenberg Regional Medical Center loaned the PNHC $2,040,000 in 1997.  It also indicates that this loan was paid off in 2004; however, was this transaction ever recorded in the Union County, NJ County Clerk's office?  If not, why?&lt;br /&gt;&lt;br /&gt;It appears that Solaris Health Systems has developed a corporate culture, led by    management and acquiesced by the Trustees of the Muhlenberg Regional Medical Center and the Muhlenberg Foundation, Inc., that the delivery of health care is best left exclusively to the sole judgment of management.  This resulted in the acute care hospital being closed, assets being liquidated, and tangible personal property, such as beds and medical equipment being transferred to other related Solaris entities prior to the Appellant Court’s decision in a case challenging the Commissioner of Heath and Senior Services’ decision to terminate the Muhlenberg Hospital’s Certificate of Need.  It should have been the New Jersey Attorney General’s function to oversee the Muhlenberg institutions and protect its charitable assets.  In Connecticut, the Attorney General intervened in a situation involving an acute care hospital facility abandoning its historic core mission as an acute care facility to become an ambulatory care facility with an emergency room.  There, the hospital trustees voted to close in-patient care and lay off related medical support staff.  The Connecticut Attorney General’s Office contended that such a fundamental transformation required cy pres action, and the court agreed. In New Hampshire the Attorney General is a necessary party in any proceeding involving cy pres, or deviation or termination of charitable trusts.  Finally, we need the New Jersey Attorney General to oversee and protect the medical needs of Plainfield, a minority community.&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-5273052408410564002?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/5273052408410564002/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/08/muhlenberg-foundation-review-of-2007.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/5273052408410564002'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/5273052408410564002'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/08/muhlenberg-foundation-review-of-2007.html' title='Muhlenberg Foundation Financial Review'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-5935849925406916388</id><published>2011-08-24T00:02:00.000-04:00</published><updated>2011-08-24T00:02:00.542-04:00</updated><title type='text'>The Dismantling of Muhlenberg Regional Medical Center, Plainfield, NJ, 07060</title><content type='html'>What is Midtown Shops?&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;Property located in Kenilworth, New Jersey and falls under two listings:&lt;br /&gt;&lt;br /&gt;Boulevard Shops Inc.&lt;br /&gt;480-496 Boulevard, Block 80, Lot 1, Kenilworth Boro, in Union County, NJ&lt;br /&gt;&lt;br /&gt;Midtown Shops Inc.&lt;br /&gt;500-506 Boulevard, Block 81, Lot 1, Kenilworth Boro, in Union County, NJ&lt;br /&gt;&lt;br /&gt;2006&lt;br /&gt;&lt;br /&gt;Boulevard Shops, Inc.&lt;br /&gt;480-496 Boulevard, Block 80, Lot 1, Kenilworth Boro, in Union County, NJ&lt;br /&gt;&lt;br /&gt;Tax Record address:  P.O. Box 671, Moorestown, NJ   08057&lt;br /&gt;&lt;br /&gt;Midtown Shops Inc.&lt;br /&gt;500-506 Boulevard, Block 81, Lot 1, Kenilworth Boro, in Union County, NJ&lt;br /&gt;&lt;br /&gt;Tax Record address:  P.O. Box 671, Moorestown, NJ   08057&lt;br /&gt;&lt;br /&gt;Source:  Tax Records - Kenilworth, NJ Tax Office&lt;br /&gt;&lt;br /&gt;2007      &lt;br /&gt;&lt;br /&gt;"During 2007, the Foundation [Muhlenberg Foundation] transferred to MRMC the Snyder Foundation pledge which included the Midtown Shops property in the amount of $4,712,976."&lt;br /&gt;&lt;br /&gt;Source:  Muhlenberg Regional Medical Center, Inc. Consolidated Financial Statements for the years ended December 31, 2007 and 2006 and Independent Auditor's Report, page 30.&lt;br /&gt;&lt;br /&gt;"During 2007, the Foundation transferred to MRMC the Snyder Foundation pledge which included the Midtown Shops Property.  Once MRMC closed on the property, Midtown Shops became a wholly-owned MRMC subsidary."&lt;br /&gt;&lt;br /&gt;Source:  Muhlenberg Regional Medical Center, Inc. Consolidated Financial Statements for the years ended December 31, 2007 and 2006 and Independent Auditor's Report, page 8.&lt;br /&gt;&lt;br /&gt;Question:  "Once MRMC closed on the property...", where is the recorded deed?&lt;br /&gt;&lt;br /&gt;Sometime in 2007, the tax record address changed to 98 James Street, which is the address of record on IRS Form 990 for Solaris Health Systems, Inc.&lt;br /&gt;&lt;br /&gt;On the 2007 IRS Form 990 for Solaris Health Systems, Midtown Shops is listed as a non-exempt related organization, page 33.&lt;br /&gt;&lt;br /&gt;Boulevard Shops, Inc.&lt;br /&gt;480-496 Boulevard, Block 80, Lot 1, Kenilworth Boro, in Union County, NJ&lt;br /&gt;&lt;br /&gt;Tax Record address:  98 James Street, 4th floor, Edison, NJ   &lt;br /&gt;&lt;br /&gt;Midtown Shops Inc.&lt;br /&gt;500-506 Boulevard, Block 81, Lot 1, Kenilworth Boro, in Union County, NJ&lt;br /&gt;&lt;br /&gt;Tax Record address:  98 James Street, 4th floor, Edison, NJ &lt;br /&gt;&lt;br /&gt;Source:   Tax Records - Kenilworth, NJ Tax Office&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;2008&lt;br /&gt;&lt;br /&gt;2/11/08  File date on deed for the three way subdivision of the Muhlenberg property located at&lt;br /&gt;             Park and Randolph Road.  Source:  Union County , NJ Land Records&lt;br /&gt;&lt;br /&gt;2/13/08 Change of Agent and Officers Midtown Shops, Inc.&lt;br /&gt;Address: Solaris Health Systems&lt;br /&gt;              80 James Street&lt;br /&gt;              Edison, NJ  08820&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;9/04/08 Notice of Settlement&lt;br /&gt;&lt;br /&gt;between Kenilworth Equities, LLC., Mortgagor, and Investors Savings Bank , Mortgagee,&lt;br /&gt;and the lands to be effected are commonly known as:&lt;br /&gt;&lt;br /&gt;480-496 Boulevard, Block 80, Lot 1, Kenilworth Boro, in Union County, NJ&lt;br /&gt;500-506 Boulevard, Block 81, Lot 1, Kenilworth Boro, in Union County, NJ&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;Source:  Union County Clerk Office Notice of Settlement filing #  270939&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;11/04/08 Notice of Settlement&lt;br /&gt;&lt;br /&gt;between Midtown Shops, Inc. and Boulevard Shops, Inc., Seller, and Kenilworth Equities, LLC., Buyer, &lt;br /&gt;and the lands to be effected are commonly known as:&lt;br /&gt;&lt;br /&gt;480-496 Boulevard, Block 80, Lot 1, Kenilworth Boro, in Union County, NJ&lt;br /&gt;500-506 Boulevard, Block 81, Lot 1, Kenilworth Boro, in Union County, NJ&lt;br /&gt;&lt;br /&gt;Source:  Union County Clerk Office Notice of Settlement filing #  272721&lt;br /&gt;&lt;br /&gt;11/04/08 Notice of Settlement&lt;br /&gt;&lt;br /&gt;between Kenilworth Equities,LLC., Mortgagor, and Investors Savings Bank , Mortgagee,&lt;br /&gt;and the lands to be effected are commonly known as:&lt;br /&gt;&lt;br /&gt;480-496 Boulevard, Block 80, Lot 1, Kenilworth Boro, in Union County, NJ&lt;br /&gt;500-506 Boulevard, Block 81, Lot 1, Kenilworth Boro, in Union County, NJ&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;Source:  Union County Clerk Office Notice of Settlement filing #  272722&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-5935849925406916388?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/5935849925406916388/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/08/dismantling-of-muhlenberg-regional.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/5935849925406916388'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/5935849925406916388'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/08/dismantling-of-muhlenberg-regional.html' title='The Dismantling of Muhlenberg Regional Medical Center, Plainfield, NJ, 07060'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-7261782461857440010</id><published>2011-08-22T23:33:00.000-04:00</published><updated>2011-08-22T23:33:47.500-04:00</updated><title type='text'>Justice Delayed Is Justice Denied</title><content type='html'>&lt;br /&gt;&lt;a title="View AGTrustsand EndowmentsLetter2P on Scribd" href="http://www.scribd.com/doc/62300245/AGTrustsand-EndowmentsLetter2P?secret_password=2n4h66xob6zqw9s0i8ug" style="margin: 12px auto 6px auto; font-family: Helvetica,Arial,Sans-serif; font-style: normal; font-variant: normal; font-weight: normal; font-size: 14px; line-height: normal; font-size-adjust: none; font-stretch: normal; -x-system-font: none; display: block; text-decoration: underline;"&gt;AGTrustsand EndowmentsLetter2P&lt;/a&gt;&lt;iframe class="scribd_iframe_embed" src="http://www.scribd.com/embeds/62300245/content?start_page=1&amp;view_mode=list&amp;access_key=key-iogjx3oa9vgmy3l85km&amp;secret_password=2n4h66xob6zqw9s0i8ug" data-auto-height="true" data-aspect-ratio="0.772727272727273" scrolling="no" id="doc_39403" width="100%" height="600" frameborder="0"&gt;&lt;/iframe&gt;&lt;script type="text/javascript"&gt;(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "http://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })();&lt;/script&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-7261782461857440010?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/7261782461857440010/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/08/justice-delayed-is-justice-denied.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/7261782461857440010'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/7261782461857440010'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/08/justice-delayed-is-justice-denied.html' title='Justice Delayed Is Justice Denied'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-2955841856881744633</id><published>2011-08-22T21:31:00.001-04:00</published><updated>2011-12-03T21:57:27.912-05:00</updated><title type='text'>Special Request Post From MuhlenbergIndependent Archives</title><content type='html'>NJ Healthcare Facilities Financing Authority MRMC - JFK Hospital Bond Issues&lt;br /&gt;&lt;br /&gt;October 30, 2010&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;RE: Muhlenberg Regional Medical Center Property&lt;br /&gt;Plainfield, New Jersey&lt;br /&gt;&lt;br /&gt;A recent newspaper article (enclosed) detailed vague discussions concerning the development of the Muhlenberg Regional Medical Center property located in Plainfield, NJ. &lt;br /&gt;&lt;br /&gt;Since the State of New Jersey holds the $152,925,000 State Contract Bonds (Hospital Asset Transformation Program) on the total Muhlenberg property issued by the New Jersey Health Care Facilities Financing Authority with the Bank of New York Mellon, as Master Trustee, the State of New Jersey should be an interested party and participate in the ongoing discussions in order to fully protect the public interest.&lt;br /&gt;&lt;br /&gt;Muhlenberg Regional Medical Center was closed in 2008, by the former Commissioner of Health and Senior Services Heather Howard. (July 29, 2008, closure letter)&lt;br /&gt;&lt;br /&gt;The New Jersey State Legislature passed a bill to allow for the bonding to go through even though the court challenge was not adjudicated. In October, 2008, the New Jersey Health Care Facilities Financing Authority approved the $152,925,000 State Contract Bonds in the Hospital Asset Transformation Program.&lt;br /&gt;&lt;br /&gt;According to papers filed in the County of Union Clerk's office, the $152.9 million bond note is secured by the Muhlenberg property only and does not impact The Community Hospital Group, Inc. [Please note that at one of the hospital annual meetings, it was stated that there is also a $17 million mortgage on the Muhlenberg property, but research can not substantiate that as a fact.]&lt;br /&gt;&lt;br /&gt;The Plainfield area residents lost healthcare for a supposedly $18 million loss, but the Muhlenberg assets have been leveraged to provide $152.9 million to another entity.&lt;br /&gt;&lt;br /&gt;Regardless, the State of New Jersey needs to be aware of this development in order to protect the State's interest.&lt;br /&gt;&lt;br /&gt;[updated 07/04/2011]&lt;br /&gt;&lt;br /&gt;A search as of yet has not been done of the papers filed in the County of Middlesex; however,&lt;br /&gt;according to the NJHCFFA (NJ Health Care Facilities Financing Authority) October 23, 2008 Meeting Minutes, page 6, &lt;br /&gt;&lt;br /&gt;"The proceeds of the financing will be used to : refund the the Authority's Variable Rate Composite Program - JFK Medical Center Project Series 2005 A-3; refund the Authority's Variable Rate Composite Program - Community Hospital Group Series 2003 A-1; refund the Authority's Muhlenberg Regional Medical Center Issue, Series 2000; refund the Authority's JFK Medical Center/Hartwyck at Oak Tree Obligated Group Issue, Series 1998; refund the Authority's JFK Health Systems Obligated Group Issue, Series 1995: refund the Authoriity's JFK Health Systems Obligated Group Issue, Series 1993; fund capital improvements at the JFK Medical Center related to the closure of Muhlenberg; fund capital interest; and pay related costs of issuance."&lt;br /&gt;&lt;br /&gt;The $152.9 million was leveraged to refund 5 JFK related bonds and only 1 of Muhlenberg bonds. &lt;br /&gt;&lt;br /&gt;Minutes of the New Jersey Health Care Facilities Financing Authority meeting held on October 23, 2008 on the fourth floor of Building #4, Station Plaza, 22 South Clinton Avenue, Trenton, New Jersey.&lt;br /&gt;NJHCFFA October 23, 2008 Meeting Minutes p. 6 &lt;br /&gt;&lt;br /&gt;B. JFK Medical Center Obligated Group &lt;br /&gt;Mr. Escher stated that the following portion of the meeting will be considered a public hearing in connection with the proposed issuance of bonds on behalf of JFK Medical Center Obligated Group. This hearing took place in accordance with the public notice and approval requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended. &lt;br /&gt;As a public hearing, Mr. Escher welcomed everyone to participate in the discussion, but first asked Mark Hopkins and Bill McLaughlin to bring the Members up to date on the transaction.&lt;br /&gt;&lt;br /&gt;Mr. Hopkins took the opportunity to provide a brief background of the purpose of the TEFRA Hearing, the specific financing program, and the Authority’s action at this meeting. He stated that the Authority will consider authorizing, with certain contingencies, a financing for three borrowers: The Community Hospital Group, Inc. which does business as JFK Medical Center, Hartwyck at Oak Tree, Inc., and Muhlenberg Regional Medical Center. These borrowers will be referred to going forward as the JFK Medical Center Obligated Group. He also noted that reference may be made to Solaris Health System, which is the borrower’s corporate parent.&lt;br /&gt;&lt;br /&gt;The financing that is being considered for the JFK Medical Center Obligated Group is a type of financing authorized by the State’s Hospital Asset Transformation Program (“HATP”), which is part of the Authority’s enabling legislation, and which permits the State to pay principal and interest on the bonds, subject to appropriation, if certain criteria are met. It should be noted that the JFK Medical Center Obligated Group will be required, under a loan agreement (secured by a mortgage), to pay an amount equal to the principal and interest on the bonds to the Authority. The Authority will then pass those payments on to the State Treasurer, making the transaction revenue neutral to the State. &lt;br /&gt;&lt;br /&gt;The HATP was established in 2000 after it became clear that the state had several over-bedded areas that negatively impact the financial operations of the other hospitals in the area. A 1999 State Commission recommended that the closure of one or more hospitals may strengthen the healthcare delivery system as a whole. Therefore, one of the criteria to use the program is the closure of acute care services at a specific location. The State-backing was recommended as a result of the recognition that the stranded indebtedness of the closed hospital may cause undue financial distress to surviving hospitals in its system.&lt;br /&gt;&lt;br /&gt;While the Authority is empowered to issue bonds under the HATP, it is not involved in making the decision on whether or not a hospital can close its acute care services. That decision is made at the Department of Health and Senior Services through the Certificate of Need process. In this case, the Commissioner has approved the Certificate of Need Request to close acute care services at Muhlenberg Regional Medical Center with numerous conditions that must be met by the JFK Medical Center Obligated Group and the Solaris Health System. &lt;br /&gt;&lt;br /&gt;Under the Internal Revenue Code, a public hearing is required when tax exempt bonds are issued to benefit non-governmental entities. As such, the Authority is conducting this hearing to provide an opportunity for the public to comment on the proposed issuance of tax-exempt bonds for this project. &lt;br /&gt;&lt;br /&gt;Bill McLaughlin then introduced Richard Smith – Senior Vice President and Chief Financial Officer from JFK Medical Center Obligated Group (“JFK”). &lt;br /&gt;He stated that staff has been working on a financing for the benefit of JFK under the HATP. The elimination of acute-care services at the Muhlenberg Regional Medical Center (“Muhlenberg”) meets the eligibility requirements for using the Program. The Treasurer has approved entering into a contract with the Authority, which will provide the security for a bond issue approximating $169 million. JFK will enter into a loan agreement with the Authority, which provides the covenants under which JFK agrees to pay the debt service on the bonds. &lt;br /&gt;&lt;br /&gt;He noted that a request for a Certificate of Need to terminate acute-care services at Muhlenberg was filed and a Certificate of Need was granted for the closure on July 29, 2008. &lt;br /&gt;&lt;br /&gt;The proceeds of the financing will be used to: refund the Authority’s Variable Rate Composite Program - JFK Medical Center Project Series 2005 A-3; refund the Authority’s Variable Rate Composite Program – Community Hospital Group Series 2003 A-1; refund the Authority’s Muhlenberg Regional Medical Center Issue, Series 2000; refund the Authority’s JFK Medical Center/Hartwyck at Oak Tree Obligated Group Issue, Series 1998; refund the Authority’s JFK Health Systems Obligated Group Issue, Series 1995; refund the Authority’s JFK Health Systems Obligated Group Issue, Series 1993; fund capital improvements at the JFK Medical Center related to the closure of Muhlenberg; fund capitalized interest; and pay related costs of issuance. &lt;br /&gt;&lt;br /&gt;Given that the working group worked to finalize documents over the past week, the documents provided in the mailing package to the Members had been adjusted. Specifically, the Bond Resolution has been updated to reflect the following changes: &lt;br /&gt;&lt;br /&gt;Specific authorization for staff to solicit and purchase advertising to support this transaction, if necessary; &lt;br /&gt;&lt;br /&gt;Contingencies related to interest rates and underwriter discount; &lt;br /&gt;&lt;br /&gt;Expanded redemption provisions that include a “make whole” premium; and, &lt;br /&gt;&lt;br /&gt;(added by Mr. Hancock) Additional limitations on the disbursement of funds related to the new money proceeds. &lt;br /&gt;&lt;br /&gt;He then asked bond counsel to present the Bond Resolution.&lt;br /&gt;&lt;br /&gt;NJHCFFA October 23, 2008 Meeting Minutes p. 7&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-2955841856881744633?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='related' href='http://www.scribd.com/doc/70460284/Muhlenberg-Hospital-Property-Secures-152-9M-JFK-Healthcare-System-Bond' title='Special Request Post From MuhlenbergIndependent Archives'/><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/2955841856881744633/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/08/hospital-bond-issues.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/2955841856881744633'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/2955841856881744633'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/08/hospital-bond-issues.html' title='Special Request Post From MuhlenbergIndependent Archives'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-1299907616775001162</id><published>2011-07-03T20:07:00.000-04:00</published><updated>2011-07-03T20:07:08.351-04:00</updated><title type='text'>Federal Urban Economic Assessment Includes Plainfield, New Jersey</title><content type='html'>Press Releases&lt;br /&gt;September 13, 2010&lt;br /&gt;Contact: John Atwood, (202) 482-4085&lt;br /&gt;URBAN NEW JERSEY REGIONS RECEIVE U.S. EDA FUNDING FOR ECONOMIC ASSESSMENT &lt;br /&gt;&lt;br /&gt;WASHINGTON - The U.S. Commerce Department’s Economic Development Administration (EDA) today announced a $240,000 grant to Thomas Edison State College of Trenton, N.J., to develop an urban economic assessment that will identify types of distress within 19 non-contiguous urban areas. The project will establish the basis for a Comprehensive Economic Development Strategy (CEDS) to address urban distress in the northern and central part of New Jersey.&lt;br /&gt;&lt;br /&gt;"This EDA grant will provide a blueprint to guide future economic development initiatives designed to spur business development and job growth in the region," said U.S. Assistant Secretary of Commerce for Economic Development John R. Fernandez. "The project will be advanced by taking advantage of the vast resources available through Thomas Edison State College."&lt;br /&gt;&lt;br /&gt;"The Thomas Edison State College urban economic assessment will provide an assessment of the landscape of economic development for the targeted cities and specifically assess their unique urban needs. The project will help promote growth and sustainability for each of the targeted distressed areas," said Dr. Joseph Youngblood, III, Dean, Thomas Edison State College, School of Public Service.&lt;br /&gt;The work to be conducted will occur in nineteen municipalities within seven counties. The municipalities of Asbury Park, Bayonne, Bloomfield, East Orange, Elizabeth, Hoboken, Irvington, Jersey City, Lakewood, Neptune, New Brunswick, Newark, Orange, Passaic, Paterson, Perth Amboy, Plainfield, Roselle and Woodbridge have experienced an increased level of disinvestment due to sudden and severe job loss experienced during 2009 and 2010.&lt;br /&gt;&lt;br /&gt;About the U.S. Economic Development Administration (www.eda.gov):&lt;br /&gt;This year, the U.S. Economic Development Administration (EDA) marks 45 years of public service, with a mission of leading the federal economic development agenda by promoting competitiveness and preparing American regions for growth and success in the worldwide economy. EDA is an agency within the U.S. Department of Commerce that partners with distressed communities throughout the United States to foster job creation, collaboration and innovation.‪&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-1299907616775001162?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/1299907616775001162/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/07/federal-urban-economic-assessment.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/1299907616775001162'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/1299907616775001162'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/07/federal-urban-economic-assessment.html' title='Federal Urban Economic Assessment Includes Plainfield, New Jersey'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-9035529816358439217</id><published>2011-06-22T20:36:00.000-04:00</published><updated>2011-06-22T20:39:01.653-04:00</updated><title type='text'></title><content type='html'>&lt;a title="View MI - 2011 ApplicationnewBergengeneralhospitals[1] on Scribd" href="http://www.scribd.com/doc/58353685/MI-2011-ApplicationnewBergengeneralhospitals-1" style="margin: 12px auto 6px auto; font-family: Helvetica,Arial,Sans-serif; font-style: normal; font-variant: normal; font-weight: normal; font-size: 14px; line-height: normal; font-size-adjust: none; font-stretch: normal; -x-system-font: none; display: block; text-decoration: underline;"&gt;MI - 2011 ApplicationnewBergengeneralhospitals[1]&lt;/a&gt;&lt;iframe class="scribd_iframe_embed" src="http://www.scribd.com/embeds/58353685/content?start_page=1&amp;view_mode=list&amp;access_key=key-2nio00z6r7okthfwzf04" data-auto-height="true" data-aspect-ratio="0.772727272727273" scrolling="no" id="doc_51897" width="100%" height="600" frameborder="0"&gt;&lt;/iframe&gt;&lt;script type="text/javascript"&gt;(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "http://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })();&lt;/script&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-9035529816358439217?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/9035529816358439217/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/06/mi-2011-applicationnewbergengeneralhosp.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/9035529816358439217'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/9035529816358439217'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/06/mi-2011-applicationnewbergengeneralhosp.html' title=''/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-3029127195925750328</id><published>2011-06-16T01:26:00.000-04:00</published><updated>2011-06-16T01:26:19.906-04:00</updated><title type='text'>Current crisis highlights longstanding medical needs</title><content type='html'>The need for better medical care predates Solaris acquiring and moving to close Muhlenberg. Long before hospital closings, there was an acknowledged need for more non-emergency health care. We have to think beyond restoring the status quo and work to meet our needs in the most modern and effective way possible.Muhlenberg can become a viable engine for wellness in Central Jersey, economically sustainable by adapting to current market trends and social issues.&lt;br /&gt; &lt;br /&gt;Recent hearings revealed that ambulatory clinics are taking profit-making business away from hospitals. Many hospitals run varied assortments of ambulatory clinics. Muhlenberg could offer a general medicine clinic for extended hours, backed up with specialty clinics, reducing the burden on all area emergency rooms while still providing the continuity of care and preventive medicine necessary to improve health and lower costs.&lt;br /&gt; &lt;br /&gt;In addition to the fundamental clinic, patients would be drawn to specialty clinics that would embrace integrative medicine and help patients maintain the diet, exercise and activities that promote health. &lt;br /&gt;Similar to a magnet school, integrative medicine would attract patients and provide better care to a community dealing with many conditions that respond to preventive medicine and lifestyle changes.&lt;br /&gt; &lt;br /&gt;Clinics at Robert Wood Johnson already have a long waiting list for appointments. Would the state medical school be willing to help establish similar services at Muhlenberg?&lt;br /&gt; &lt;br /&gt;Starting with diabetes, hypertension, obesity and addiction, we could easily expand to under-served specialties, especially multiple sclerosis, HADD and autism. All of these areas are prime candidates for foundation funding and clinical trials using alternative medicine protocols.&lt;br /&gt; &lt;br /&gt;A decade ago, I envisioned a health-care prevention and maintenance cooperative that would provide affordable access to supplements, healthy food and a host of popular alternative medicine treatments in return for participation in clinical trials necessary to validate or disprove their effectiveness. &lt;br /&gt;&lt;br /&gt;Funding is increasingly available to investigate promising medical protocols, even when no one has the ability to profit through a patient. &lt;br /&gt;&lt;br /&gt;Deborah Dowe&lt;br /&gt;DNV.Dowe@Verizon.net&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-3029127195925750328?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/3029127195925750328/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/06/current-crisis-highlights-longstanding.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/3029127195925750328'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/3029127195925750328'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/06/current-crisis-highlights-longstanding.html' title='Current crisis highlights longstanding medical needs'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-4828731689704748030</id><published>2011-06-12T00:03:00.000-04:00</published><updated>2011-06-19T01:16:38.851-04:00</updated><title type='text'>1999 Hospital Commission Announces Plans</title><content type='html'>News Release &lt;br /&gt;&lt;br /&gt;PO 360&lt;br /&gt;Trenton, NJ 08625-0360 Len Fishman&lt;br /&gt;Commissioner &lt;br /&gt;For Release:&lt;br /&gt;February 11, 1999 For Further Information Contact:&lt;br /&gt;Rita Manno&lt;br /&gt;(609) 984-7160&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;--------------------------------------------------------------------------------&lt;br /&gt;&lt;br /&gt;Commissioner Convenes Advisory Commission on Hospitals&lt;br /&gt;Trenton -- A new advisory commission will examine the hospital industry, assess the overall financial health of facilities, identify warning signs that might place a facility in jeopardy and recommend options for hospitals looking to merge or convert to other uses, Commissioner Len Fishman announced today. &lt;br /&gt;&lt;br /&gt;The new commission -- formed at the direction of Gov. Christie Whitman -- is in response to a request by hospitals to study an industry that has undergone tremendous change in the last five years with mergers, acquisitions, competition for services, certificate of need reform and expanded managed care. &lt;br /&gt;&lt;br /&gt;In their February 5 letter, hospital CEOs asked the Governor "to begin an immediate examination of our concerns and to work with us to devise solutions that will preserve our health care safety net, particularly in our urban areas." &lt;br /&gt;&lt;br /&gt;The task force will bring together hospitals, employers, consumers, government, unions, doctors, nurses, and others involved in health care. &lt;br /&gt;&lt;br /&gt;"Access to quality health care is one of the most important rights consumers have. We need to examine our hospitals in this state and the challenges they face in this very changing market place" the Governor said. &lt;br /&gt;&lt;br /&gt;Over the last decade, some hospitals in New Jersey have consolidated, merged, joined systems or closed, the Governor noted. "Everybody including hospitals and government need to be prepared for any future changes," she added. &lt;br /&gt;&lt;br /&gt;The advisory commission will also respond to the findings of a report by the state Health Care Facilities Financing Authority, which is analyzing the financial condition of the hospital industry in New Jersey. That report, expected in March, will be looking at capacity, demand, revenues and expenditures in hospitals. &lt;br /&gt;&lt;br /&gt;The advisory commission is expected to report to the Commissioner in June. &lt;br /&gt;&lt;br /&gt;In addition, a Hospital Assistance Unit will be created within the department to help hospitals and their boards explore options for their future, including restructuring, consolidation of services and changing the type of services offered. Hospitals need viable options to achieve a balance between their revenues and expenditures. The state will consider financial assistance to a hospital in retaining the consultants necessary to evaluate a hospital's current and future strategies. &lt;br /&gt;&lt;br /&gt;"In using the new unit within the department, hospitals will be opening themselves up to a process that seriously considers some fundamental changes," said the Commissioner. &lt;br /&gt;&lt;br /&gt;"We're saying to hospitals in need of help that they have to be pro-active at an early stage in order to get the best possible outcome." &lt;br /&gt;&lt;br /&gt;The administration already has taken many actions to support hospitals, especially urban inner city hospitals that serve a disproportionate numbers of uninsured patients. These include: &lt;br /&gt;&lt;br /&gt;&lt;br /&gt;Supporting charity care and hospital relief programs that distribute $523 million annually to hospitals caring for disadvantaged populations. The formula used to distribute these funds is effective in that the majority of the funds go to hospitals providing most of the care to the poor and uninsured. &lt;br /&gt;&lt;br /&gt;Reforming the certificate of need law to eliminate Certificate of Need requirements for many services and streamline them for others. This makes it easier for hospitals to add or remove services in response to changing market conditions. The Certificate of Need reform commission continues to examine the impact on urban hospitals if further revisions to Certificate of Need requirements are implemented. &lt;br /&gt;&lt;br /&gt;Promoting partnerships between urban and suburban hospitals, including the new cardiac services pilot program which will allow a suburban hospital to offer satellite cardiac surgery services in partnership with an urban hospital cardiac program. Revenues from the cardiac program in the suburban hospital must be used to support programs and operations in the urban hospital. &lt;br /&gt;&lt;br /&gt;Expediting decisions on hospital mergers, consolidations, conversions of use and/or closures that require a full Certificate of Need, without compromising the complete review of these transactions. &lt;br /&gt;&lt;br /&gt;Responding effectively to assure uninterrupted access to care when services or facilities are closed through such measures as ensuring emergency transport of patients, and transfer of records and extension of admitting privileges to physicians at the receiving hospital &lt;br /&gt;&lt;br /&gt;Supporting HCFFA's program for refinancing hospital debt, which has resulted in a record number of refinancings. In 1998, HCFFA issued $1.4 billion in bonds. About $1 billion of these bonds represented refinancings, which resulted in present value savings for New Jersey hospitals of more than $57 million. &lt;br /&gt;Note: Members of the Advisory Commission on Hospitals have served on a prior committee that examined health care issues. Attached is the list of members. &lt;br /&gt;&lt;br /&gt;&lt;br /&gt;ADVISORY COMMISSION ON HOSPITALS&lt;br /&gt;&lt;br /&gt;George Laufenberg &lt;br /&gt;NJ Carpenter's Fund &lt;br /&gt;Sister Jane Frances Brady &lt;br /&gt;CEO &lt;br /&gt;Saint Joseph's Hospital &amp; Medical Center &lt;br /&gt;&lt;br /&gt;Hank Meisner &lt;br /&gt;Director, Governmental Affairs&lt;br /&gt;Horizon &lt;br /&gt;&lt;br /&gt;Dick Oths &lt;br /&gt;Chairman &lt;br /&gt;New Jersey Hospital Association &lt;br /&gt;&lt;br /&gt;The Honorable Michele Guhl &lt;br /&gt;Commissioner &lt;br /&gt;NJ Department of Human Services &lt;br /&gt;&lt;br /&gt;Lilton Taliaferro, Jr., Esq. &lt;br /&gt;&lt;br /&gt;Jim Leonard &lt;br /&gt;Vice President, Government Relations &lt;br /&gt;NJ State Chamber of Commerce &lt;br /&gt;&lt;br /&gt;John Jacobi, Esq. &lt;br /&gt;Seton Hall Law School &lt;br /&gt;&lt;br /&gt;Dr. Gregory Sachs &lt;br /&gt;Chairman &lt;br /&gt;Medical Society of New Jersey &lt;br /&gt;&lt;br /&gt;Gary Carter &lt;br /&gt;President &lt;br /&gt;New Jersey Hospital Association &lt;br /&gt;&lt;br /&gt;Dr. Stuart Cook &lt;br /&gt;President &lt;br /&gt;University of Medicine and Dentistry of NJ &lt;br /&gt;&lt;br /&gt;The Honorable Jaynee LaVecchia &lt;br /&gt;Commissioner &lt;br /&gt;NJ Department of Banking and Insurance &lt;br /&gt;&lt;br /&gt;Andrea Aughenbaugh &lt;br /&gt;President &lt;br /&gt;NJ State Nurses Association &lt;br /&gt;&lt;br /&gt;Joe Gonzalez &lt;br /&gt;President &lt;br /&gt;NJ Business &amp; Industry Assoc. &lt;br /&gt;&lt;br /&gt;Frank Ciesla, Esq. &lt;br /&gt;&lt;br /&gt;Jeff Beck &lt;br /&gt;Director, State Government Relations &lt;br /&gt;Aetna/U.S. Health Care &lt;br /&gt;&lt;br /&gt;Frank Fumai &lt;br /&gt;President &amp; CEO &lt;br /&gt;Cathedral Health Care System &lt;br /&gt;&lt;br /&gt;Charles Wowkanech &lt;br /&gt;President &lt;br /&gt;NJ State AFL-CIO &lt;br /&gt;&lt;br /&gt;Albert Tama, M.D. &lt;br /&gt;Executive Vice President/Medical Affairs&lt;br /&gt;Cooper Hospital &lt;br /&gt;&lt;br /&gt;The Honorable Jane Kenny &lt;br /&gt;Commissioner &lt;br /&gt;NJ Department of Community Affairs &lt;br /&gt;&lt;br /&gt;Dr. Jonathan Metsch &lt;br /&gt;CEO &lt;br /&gt;Jersey City Medical Center &lt;br /&gt;&lt;br /&gt;Paul Langevin &lt;br /&gt;President &lt;br /&gt;NJ HMO Association &lt;br /&gt;&lt;br /&gt;F. Kevin Tylus &lt;br /&gt;Vice President, Health Plan Operations &lt;br /&gt;Prudential HealthCare Group &lt;br /&gt;&lt;br /&gt;The Honorable Jim DiEleuterio &lt;br /&gt;NJ State Treasurer &lt;br /&gt;&lt;br /&gt;Melanie Willoughby &lt;br /&gt;President &lt;br /&gt;NJ Retail Merchants Assoc. &lt;br /&gt;&lt;br /&gt;The Honorable DeForest B. Soaries, Jr. &lt;br /&gt;NJ Secretary of State &lt;br /&gt;&lt;br /&gt;Curt Macysyn &lt;br /&gt;State Director &lt;br /&gt;National Federation of Independent &lt;br /&gt;Businesses of NJ &lt;br /&gt;&lt;br /&gt;Ciro Scalero &lt;br /&gt;Association of Children of New Jersey &lt;br /&gt;&lt;br /&gt;The Honorable Mel Gelade &lt;br /&gt;Commissioner&lt;br /&gt;NJ Department of Labor &lt;br /&gt;&lt;br /&gt;Harry Luna &lt;br /&gt;President &lt;br /&gt;Latino Chamber of Commerce of &lt;br /&gt;Mercer County &lt;br /&gt;&lt;br /&gt;Harvey Holzberg &lt;br /&gt;CEO &lt;br /&gt;Robert Wood Johnson University Hospital &lt;br /&gt;&lt;br /&gt;Rev. Reginald T. Jackson &lt;br /&gt;Saint Matthew A.M.E. Church &lt;br /&gt;&lt;br /&gt;Maurice Coffee &lt;br /&gt;Vice President, Government Relations &lt;br /&gt;West Jersey Health System &lt;br /&gt;&lt;br /&gt;Charles Wowkanech &lt;br /&gt;President &lt;br /&gt;NJ State AFL-CIO&lt;br /&gt; &lt;br /&gt;Albert Tama, M.D. &lt;br /&gt;Executive Vice President/Medical Affairs&lt;br /&gt;Cooper Hospital&lt;br /&gt; &lt;br /&gt;The Honorable Jane Kenny &lt;br /&gt;Commissioner &lt;br /&gt;NJ Department of Community Affairs&lt;br /&gt; &lt;br /&gt;Dr. Jonathan Metsch &lt;br /&gt;CEO &lt;br /&gt;Jersey City Medical Center&lt;br /&gt; &lt;br /&gt;Paul Langevin &lt;br /&gt;President &lt;br /&gt;NJ HMO Association&lt;br /&gt; &lt;br /&gt;F. Kevin Tylus &lt;br /&gt;Vice President, Health Plan Operations &lt;br /&gt;Prudential HealthCare Group&lt;br /&gt; &lt;br /&gt;The Honorable Jim DiEleuterio &lt;br /&gt;NJ State Treasurer&lt;br /&gt; &lt;br /&gt;Melanie Willoughby &lt;br /&gt;President &lt;br /&gt;NJ Retail Merchants Assoc&lt;br /&gt;. &lt;br /&gt;The Honorable DeForest B. Soaries, Jr. &lt;br /&gt;NJ Secretary of State&lt;br /&gt; &lt;br /&gt;Curt Macysyn &lt;br /&gt;State Director &lt;br /&gt;National Federation of Independent &lt;br /&gt;Businesses of NJ&lt;br /&gt;&lt;br /&gt;Ciro Scalero &lt;br /&gt;Association of Children of New Jersey &lt;br /&gt;&lt;br /&gt;The Honorable Mel Gelade &lt;br /&gt;Commissioner&lt;br /&gt;NJ Department of Labor&lt;br /&gt; &lt;br /&gt;Harry Luna &lt;br /&gt;President &lt;br /&gt;Latino Chamber of Commerce of &lt;br /&gt;Mercer County&lt;br /&gt; &lt;br /&gt;Harvey Holzberg &lt;br /&gt;CEO &lt;br /&gt;Robert Wood Johnson University Hospital&lt;br /&gt; &lt;br /&gt;Rev. Reginald T. Jackson &lt;br /&gt;Saint Matthew A.M.E. Church&lt;br /&gt; &lt;br /&gt;Maurice Coffee &lt;br /&gt;Vice President, Government Relations &lt;br /&gt;West Jersey Health System &lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;--------------------------------------------------------------------------------&lt;br /&gt;Best matches for new jersey hospital mergers and acquisitions&lt;br /&gt;Commissioner Convenes Advisory Commission on Hospitals... Jump to text »&lt;br /&gt;change in the last five years with mergers, acquisitions, competition for services,... Jump to text »&lt;br /&gt;Expediting decisions on hospital mergers, consolidations, conversions of use and/or... Jump to text »&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-4828731689704748030?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/4828731689704748030/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/06/1999-hospital-commission-announces.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/4828731689704748030'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/4828731689704748030'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/06/1999-hospital-commission-announces.html' title='1999 Hospital Commission Announces Plans'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-4880451584345334142</id><published>2011-05-30T21:55:00.000-04:00</published><updated>2011-05-30T22:03:18.498-04:00</updated><title type='text'>Weinberg on Hospital Closings</title><content type='html'>&lt;a title="View MI - Weinberg[1] on Scribd" href="http://www.scribd.com/doc/56659888/MI-Weinberg-1" style="margin: 12px auto 6px auto; font-family: Helvetica,Arial,Sans-serif; font-style: normal; font-variant: normal; font-weight: normal; font-size: 14px; line-height: normal; font-size-adjust: none; font-stretch: normal; -x-system-font: none; display: block; text-decoration: underline;"&gt;MI - Weinberg[1]&lt;/a&gt;&lt;iframe class="scribd_iframe_embed" src="http://www.scribd.com/embeds/56659888/content?start_page=1&amp;view_mode=list&amp;access_key=key-utp1sqvbecbr9nw3syp" data-auto-height="true" data-aspect-ratio="0.77370417193426" scrolling="no" id="doc_61976" width="100%" height="600" frameborder="0"&gt;&lt;/iframe&gt;&lt;script type="text/javascript"&gt;(function() { var scribd = document.createElement("script"); scribd.type = "text/javascript"; scribd.async = true; scribd.src = "http://www.scribd.com/javascripts/embed_code/inject.js"; var s = document.getElementsByTagName("script")[0]; s.parentNode.insertBefore(scribd, s); })();&lt;/script&gt;&lt;br /&gt;&lt;br /&gt;Click on first icon on the bottom left side to enlarge&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-4880451584345334142?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/4880451584345334142/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/05/weinberg-on-hospital-closings.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/4880451584345334142'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/4880451584345334142'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/05/weinberg-on-hospital-closings.html' title='Weinberg on Hospital Closings'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-7162979179878130414</id><published>2011-05-18T16:46:00.000-04:00</published><updated>2011-05-18T17:18:32.795-04:00</updated><title type='text'>10 Most Endangered Historic Places of 2011</title><content type='html'>&lt;div align="center"&gt;&lt;span style="font-size:130%;"&gt;Preservation New Jersey&lt;/span&gt; &lt;/div&gt;&lt;br /&gt;&lt;div align="center"&gt;&lt;br /&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="center"&gt;&lt;span style="font-size:180%;"&gt;Muhlenberg Regional Medical Center&lt;/span&gt; &lt;/div&gt;&lt;br /&gt;&lt;div align="center"&gt;&lt;br /&gt;&lt;span style="font-size:180%;"&gt;Tracy &amp;amp; Swartwout Buildings&lt;/span&gt;&lt;/div&gt;&lt;br /&gt;&lt;br /&gt;&lt;div align="center"&gt;&lt;span style="font-size:180%;"&gt;&lt;/span&gt;&lt;/div&gt;&lt;br /&gt;&lt;p&gt;Incorporated in 1877, and moved to this 17-acre location at Park Avenue and Randolph Road in 1903, Plainfield’s Muhlenberg Hospital, now known as Muhlenberg Regional Medical Center, was one of the oldest hospitals in the state when it was closed in 2008.&lt;br /&gt;&lt;br /&gt;The historic 1903 core of the existing hospital complex is one of the earliest known extant complexes of buildings designed by the notable New York architectural firm of Tracy &amp;amp; Swartwout. The partners in the firm, Evarts Tracy and Egerton Swartwout, were both Yale graduates who met while working for architectural masters McKim, Mead &amp;amp; White. In 1900, the two formed their own firm. Evarts Tracy had strong ties to Plainfield, having moved there as a child. He built his own home in Plainfield on Hillside Avenue in 1901, from which he would have been able to watch progress at the Muhlenberg site when he was overseeing the construction of the original Muhlenberg Hospital buildings. While the Muhlenberg Hospital buildings were some of the earliest designs of the young architecture firm, the men went on to design many significant buildings, including the Cathedral of St. John in the Wilderness and the U.S. Post Office and Courthouse, in Denver; the Department of Commerce Building and George Washington Memorial Hall in Washington, D.C.; and the Missouri State Capital building in Jefferson City, Missouri.&lt;br /&gt;&lt;br /&gt;Despite numerous additions over the years as the hospital grew into Muhlenberg Regional Medical Center, the complex’s original Tracy &amp;amp; Swartwout buildings remain largely intact. The Tracy &amp;amp; Swartwout buildings looked like one large structure when originally built, but actually consisted of multiple parts, including a main reception and office building, an eye and ear clinic, a large kitchen, separate wards for men and women, and a stand-alone "Muhlenberg Operating Pavilion." Today, the buildings retain many original features, including inscriptions noting the contributions of various turn-of-the-century Plainfield families to the hospital’s construction. As such, Muhlenberg’s historic buildings tell the story of some of Plainfield’s most significant people and their dedication to improving healthcare in their community as the 20th century dawned. Additionally, this historic complex of hospital buildings illustrates the growth of the medical profession through its separate structures that housed individual medical uses, in comparison to today's mega-structure hospital complexes.&lt;br /&gt;&lt;br /&gt;When Muhlenberg Regional Medical Center closed in 2008, it was required by the state to maintain minimal healthcare services, including a Satellite Emergency Department, for a limited time. This use occupies only a small portion of the entire complex, however, and does not include the historic Tracy &amp;amp; Swartwout buildings. While these buildings are visible from the street, public access to these historic buildings is prohibited, so their condition is unknown. The entity that controls the hospital complex, Solaris Health System, confirmed last fall that it had a confidentiality agreement with a potential buyer and developer of the property, but no further information has been released about future development. This large piece of property, 17 acres, is in a prime real estate location, near the Plainfield Country Club, Plainfield's historic districts and close to the South Plainfield and Edison borders. In an improving economy, the possibility of development on the property is likely and the future of the historic Tracy &amp;amp; Swartwout buildings is uncertain. &lt;/p&gt;&lt;br /&gt;&lt;p&gt;Preservation New Jersey urges recognition of the significance of Muhlenberg Regional Medical Center’s historic buildings to the history of Plainfield and New Jersey. These buildings, designed by noted architects, are one of a dwindling number of extant historic medical complexes, representing the history of the medical field and the evolution of healthcare throughout the 20th century. Muhlenberg’s historic buildings were in use until the facility closed and remain viable, presenting a unique opportunity for future rehabilitation. We encourage the current owners and potential future developers to consider the historic significance of the 1903 Tracy &amp;amp; Swartwout Buildings at Muhlenberg Regional Medical Center as future plans for the property are developed. &lt;/p&gt;&lt;br /&gt;&lt;p align="center"&gt;&lt;span style="font-size:85%;"&gt;copyright 2009-2011 Preservation New Jersey &lt;/span&gt;&lt;/p&gt;&lt;br /&gt;&lt;p align="center"&gt;&lt;span style="font-size:85%;"&gt;Sponsors: The Muhlenberg Research Group &amp;amp; The Muhlenberg Independents &lt;/p&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;div align="center"&gt;&lt;br /&gt;&lt;/div&gt;&lt;/span&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-7162979179878130414?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/7162979179878130414/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/05/10-most-endangered-historic-places-in.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/7162979179878130414'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/7162979179878130414'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/05/10-most-endangered-historic-places-in.html' title='10 Most Endangered Historic Places of 2011'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-4885464243415449839</id><published>2011-05-14T13:29:00.000-04:00</published><updated>2011-05-14T13:41:57.311-04:00</updated><title type='text'>SaveMuhlenberg April 7, 2008</title><content type='html'>April 7, 2008&lt;br /&gt;&lt;br /&gt;Attorney General Anne Milgram&lt;br /&gt;New Jersey Department of Law and Public Safety&lt;br /&gt;Division of Law&lt;br /&gt;Richard J. Hughes Justice Complex&lt;br /&gt;P.O. Box 106&lt;br /&gt;Trenton, New Jersey 08625-0106&lt;br /&gt;&lt;br /&gt;Re: Proposed Closing of Muhlenberg Regional Medical Center by Solaris Health&lt;br /&gt;System&lt;br /&gt;&lt;br /&gt;Dear General Milgram:&lt;br /&gt;&lt;br /&gt;New Jersey Appleseed Public Interest Law Center has become aware of the proposed closing of Muhlenberg Regional Medical Center (“Muhlenberg”), a 130-year old nonprofit, acute-care facility. Starting in late February, several newspapers announced the intent of Solaris Health System, the owner of Muhlenberg, to file on March 1, 2008, a Certificate of Need application with the state Department of Health and Senior Services to seek closure of the hospital. E.g., Mariam Jukaku and Angela Stewart, “Flood of red ink spells the end of Muhlenberg Medical Center,” The Star-Ledger, February 2008. Because the CN application has not been deemed complete and is not yet public, we do not know, at this time, whether Solaris intends to sell, lease or otherwise dispose of the hospital in whole or in part or intends to continue to provide non-acute care services at the facility.&lt;br /&gt;&lt;br /&gt;Accordingly, we are requesting the Attorney General take all steps necessary to ensure that the value of all endowment funds, restricted funds and foundations associated with Muhlenberg Regional Medical Center (including Muhlenberg Foundation, Inc.) are adequately protected and used for the purposes for which they are irrevocably dedicated. &lt;br /&gt;&lt;br /&gt;Sincerely yours,&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;Renée Steinhagen&lt;br /&gt;Cc: Jay Ganzman, DAG&lt;br /&gt;Bennet Zarofsky, Esq.&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-4885464243415449839?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/4885464243415449839/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/05/savemuhlenberg-april-7-2008.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/4885464243415449839'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/4885464243415449839'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/05/savemuhlenberg-april-7-2008.html' title='SaveMuhlenberg April 7, 2008'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-1728651507829899500</id><published>2011-03-30T12:40:00.000-04:00</published><updated>2011-03-30T13:04:16.638-04:00</updated><title type='text'>Hospital Closings and Restricted Assets</title><content type='html'>&lt;div align="center"&gt;Position Paper&lt;/div&gt;&lt;br /&gt;&lt;div align="center"&gt;Muhlenberg Regional Medical Center,&lt;/div&gt;&lt;br /&gt;&lt;div align="center"&gt;Plainfield, New Jersey &lt;/div&gt;&lt;br /&gt;&lt;div align="center"&gt;June 11, 2010 &lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;On behalf of the Public Interest, we respectfully request that the New Jersey Attorney General's Office conduct a forensic audit of the Permanently Restricted Assets/Permanently Endowed Funds of Muhlenberg Regional Medical Center (MRMC), also known as Muhlenberg Hospital. &lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;We make this request to resolve the unanswered issue of the fiduciary responsibility of the Muhlenberg Board of Trustees and Solaris Health System Board of Trustees. Did the Muhlenberg Board act independently, or were they subservient to the dictates of Solaris Health System and their Board of Trustees? The location and disposition of these permanently restricted assets/permanently endowed funds were overlooked, not addressed, or simply forgotten by the Certificate of Need Closure document of the former Commissioner of Health Heather Howard in her letter of July 29, 2008, and the recent court proceedings. &lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;The amount of assets documented by IRS Forms 990 is between $4.2 Million and $6.7 Million [Exhibit 1] and may not be limited to those amounts because permanently endowed assets can possibly be held by other entities, such as: the Muhlenberg Foundation (established in 1977) and the Plainfield Foundation (dating to 1920), Muhlenberg Auxiliary, etc. &lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;At the Muhlenberg public hearings, members of the public testified about the endangered endowed assets. Prior to that a letter dated April 7, 2008, was written to the then Attorney General by the New Jersey Appleseed Public Interest Law Center. [Exhibit 2] The Public would like to know what has happened to the permanently endowed assets/funds. The April 7, 2008, letter was written prior to the passage of P. L. 2009, c.64, "Uniform Prudent Managment of Institutional Funds Act." At no point did anyone go before the Courts as required by cy pres, for the legal transfer of gifted assets. &lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;Muhlenberg was a beloved hospital during its 130 years of existence. Through those years thousands upon thousands of individuals, businesses, corporations, churches, community groups and organizations, foundations, municipalities, and government agencies donated funds to keep Muhlenberg financially viable. In fact the land that the hospital buildings are located on was purchased with public subscriptions. &lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;Extensive research has found a sampling of probated wills and refunding of bonds and releases naming Muhlenberg Hospital, specifically, as beneficary of those probated wills: &lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;· John M. Whiton Bequest $9,500 Memorial Fund $425,944 [Exhibit 3] Please note that Mr. Whiton was at one time a Councilman of Plainfield. &lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;· Albert C. Stebbins Residue of estate $226,000 Permanent Endowment [Exhibit 4] Please note that Mr. Stebbins served on the Plainfield Common Council. &lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;· Leighton Calkins Bequest $5,000 Endowed room with tablet inscribed [Exhibit 5] Please note that Mr. Calkins was a Mayor of Plainfield. &lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;· Annie M. Hyler Bequest $5,000 Endowed Room with tablet inscribed [Exhibit 6] · Roger Murray Bequest $1,000 Permanently endowed funds [Exhibit 7] Please note that Mr. Murray was a NJ Assemblyman. &lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;· Leonore Darrow White $ 500 Private room with tablet inscribed [Exhibit 8] &lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;Many other community minded people left unrestricted monetary amounts to Muhlenberg when they could have further enriched their family and friends. Many people thought their funds to Muhlenberg were safe and did not restrict their funds because they could never imagine that Muhlenberg would close. People who made provisions for alternative recipients in case the primary recipient no longer existed did not feel the need to make the same provisions for Muhlenberg. &lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;The six deceased cited above did not leave their wealth unrestricted. The review of this small sampling of wills should spark a look back at the location of the permanently restricted assets/funds. We would hope that all of the permanently restricted assets would be adequately protected by your office. &lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;As life long residents of Plainfield, we would like all permanently endowed assets/funds returned to the Plainfield community in trust for healthcare needs, and a community board of private citizens established to oversee those assets. It is our belief that the intent of the donors was not to enrich another community in another county whose demographics do not in any way match the level of diversity that exists in the Plainfield area. &lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;[Please note back-up documentation can be provided upon request]&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;The Muhlenberg Research Group&lt;/div&gt;&lt;br /&gt;&lt;div align="left"&gt;The Muhlenberg Independents &lt;/div&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-1728651507829899500?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/1728651507829899500/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/03/hospital-closings-and-restricted-assets.html#comment-form' title='1 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/1728651507829899500'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/1728651507829899500'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/03/hospital-closings-and-restricted-assets.html' title='Hospital Closings and Restricted Assets'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>1</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-6713054588250198984</id><published>2011-03-27T12:15:00.000-04:00</published><updated>2011-03-27T12:29:52.160-04:00</updated><title type='text'>Tax Exempt Hospital Accountability</title><content type='html'>&lt;a name="RightContainer"&gt;&lt;/a&gt;&lt;a name="CP_JUMP_1347"&gt;&lt;/a&gt;&lt;a name="custom29955"&gt;&lt;/a&gt;&lt;a name="CP_JUMP_29955"&gt;&lt;/a&gt;For Immediate ReleaseMarch 24, 2010 Grassley’s Provisions for Tax-exempt Hospital Accountability Included in New Health Care Law M E M O R A N D U M To: Reporters and Editors Re: tax-exempt hospitals provisions in new health care law Da: Wednesday, March 24, 2010 Sen. Chuck Grassley, ranking member of the Committee on Finance, with jurisdiction over taxes, has worked to hold tax-exempt hospitals accountable for the federal tax benefits they receive. The health care legislation signed into law yesterday includes provisions Grassley co-authored to impose standards for the tax exemption of charitable hospitals for the first time. The bill requires that a hospital complete a community needs assessment once every three years and adopt and publicize a financial assistance policy; prohibits billing those who qualify for financial assistance the top rates; and prohibits a hospital from taking extraordinary collection actions if the hospital has not made reasonable efforts to notify patients of its financial assistance policy. The bill also requires the IRS to review the tax-exempt status of each hospital every three years; requires Treasury and Health and Human Services to submit an annual report to Congress on the level of charity care, bad debt expenses and the unreimbursed costs of means-tested and non-means-tested government programs; and requires Treasury and HHS to provide a report in five years on the trends on the items reported on an annual basis. Grassley made the following comment on the advancement of these provisions. “Tax-exempt hospitals don’t have many measures of accountability for their special status. The law hasn’t given them much direction, and so they’ve defined standards for themselves. Sometimes that’s resulted in providing very little charitable patient care or other community benefits, failing to publicize charitable care to patients, charging indigent, uninsured patients more than insured patients, and using very aggressive collection practices. The Government Accountability Office and others, including the former IRS commissioner, have said for a long time that there is often no discernible difference between the operations of taxable and tax-exempt hospitals. These new provisions are modeled after principles and polices that the Catholic Health Association has had in place for years. I appreciate the association’s willingness to have honest, forthright conversations about charitable hospitals’ activities. The provisions take steps to differentiate tax-exempt hospitals from for-profit hospitals and provide further transparency about tax-exempt hospitals’ fulfilling their charitable mission. Congress, the IRS, and the public will now have additional tools and information to ensure that charitable hospitals act charitably.” The provisions enacted in the new health care law are the result of Grassley’s leadership on tax-exempt organizations’ accountability and transparency, including hospitals. In 2005, he sent letters of inquiry to some of the nation’s largest tax-exempt hospitals. In 2006, he convened a hearing and released a summary of the hospitals’ responses. In 2007, he released a staff discussion draft of potential legislative reforms and convened a roundtable of experts to discuss the potential reforms. In 2008, he followed up with letters of inquiry to more hospitals and received a report he’d requested from the Government Accountability Office. In 2009, he drafted legislative reforms and succeeded in persuading the Democratic majority to include several of the reforms in the new health care law. © 2008, Senator Grassley&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-6713054588250198984?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/6713054588250198984/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/03/obamacare-and-tax-exempt-hospital.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/6713054588250198984'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/6713054588250198984'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/03/obamacare-and-tax-exempt-hospital.html' title='Tax Exempt Hospital Accountability'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-3311760737739481083</id><published>2011-03-20T10:35:00.000-04:00</published><updated>2011-03-20T11:07:07.493-04:00</updated><category scheme='http://www.blogger.com/atom/ns#' term='Gov. Chris Christie'/><category scheme='http://www.blogger.com/atom/ns#' term='Muhlenberg Regional Medical Center'/><category scheme='http://www.blogger.com/atom/ns#' term='Dr. Ramesh Pandey'/><category scheme='http://www.blogger.com/atom/ns#' term='holi festival'/><title type='text'>Researchers Learn From Holi Festival</title><content type='html'>&lt;div align="center"&gt;Hospital Closing Researchers&lt;/div&gt;&lt;div align="center"&gt;Need To Celebrate&lt;/div&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;div align="left"&gt;Muhlenberg activists were honored guests of Dr. Ramesh Pandey at a celebration that made us question the loss of family and culture that we have all sustained. From seniors to newborn infants families gathered in beautiful clothes to enjoy a sumpteous feast at the Jaipur Restaurant on Hamilton Boulevard in South Plainfield. None of us can recall the last time we tasted food that was as good. I think I could live on Mango Lassi. &lt;/div&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;div align="left"&gt;When the Muhlenberg movie is made, someone will have to play Doctor Pandey. From the day we first met him at the swearing-in ceremony for Congressman Leonard Lance, Dr. Pandey has embraced our vision of an Integrative Medicine and Ethnopharmacology Institute at Muhlenberg. He worked tirelessly to help elect Gov. Chris Christie, the only candidate who promised to investigate the closure of Muhlenberg Regional Medical Center. &lt;/div&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;div align="left"&gt;To the Indian community of all faiths, we give thanks for the care, the support and the vision of happy intact families that challenges us in ways you can hardly imagine.&lt;/div&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;div align="left"&gt;Next year, we won't be so worn and weary. Next year, we dance.&lt;/div&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;div align="left"&gt;God bless you, one and all.&lt;/div&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;div align="left"&gt;Deborah Dowe&lt;/div&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-3311760737739481083?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/3311760737739481083/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/03/happy-holi-festival.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/3311760737739481083'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/3311760737739481083'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/03/happy-holi-festival.html' title='Researchers Learn From Holi Festival'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-611667844078404348</id><published>2011-03-15T12:50:00.000-04:00</published><updated>2011-03-16T21:40:19.096-04:00</updated><category scheme='http://www.blogger.com/atom/ns#' term='Corzine'/><category scheme='http://www.blogger.com/atom/ns#' term='health care'/><category scheme='http://www.blogger.com/atom/ns#' term='hospital closings'/><category scheme='http://www.blogger.com/atom/ns#' term='transportation'/><title type='text'>Muhlenberg Hospital in Morristown Area?</title><content type='html'>Gov. Corzine and Health Commissioner Heather Howard placed the communities served by Muhlenberg Regional Medical Center in the Morristown Service Area, in a document designed to "Rationalize Healthcare" through a heavy focus on hospital closings and the resulting redistribution of health care resources.&lt;br /&gt;&lt;br /&gt;This expensive, outsourced perspective on New Jersey geography was developed by the same consultants that produced the very short, controversial, travel times to alternative acute care hospitals. This, now "historic" report cost taxpayer dollars when accurate data could have been calculated, in house, by weights and measures or by google and mapquest, for free.&lt;br /&gt;&lt;br /&gt;The other Hospital Service Area options include New Brunswick that borders communities served by Muhlenberg and are listed in the travel times to alternate sources of care. At least the Newark service area is accessible by public transportation. Seniors and people without cars can reach Robert Wood Johnson, in New Brunswick, by taking multiple trains with a change in Newark.&lt;br /&gt;&lt;br /&gt;The Neighborhood Health Center, long ago moved virtually out of Plainfield, and now borders Greenbrook and Dunellen in Somerset and Middlesex Counties. These women who tend not to have cars, were sent to Elizabeth, virtually Newark, to give birth? A long way to transport a woman in labor and a difficult trip to visit a newborn that doesn't come home with the mother. At the very least, Elizabeth should have been restored to the Raritan Valley Train Line. People doing business with Union County and the court system would help make the route more profitable.&lt;br /&gt;&lt;br /&gt;Have you ever tried to get to Morristown from Muhlenberg? Why was there no travel time to Morristown included in the alternatives to care at Muhlenberg?&lt;br /&gt;&lt;br /&gt;New Jersey Acute Care Hospital by Market Area&lt;br /&gt;&lt;a href="http://www.nj.gov/health/rhc/finalreport/documents/appendix_3.pdf" target="_blank" rel="nofollow"&gt;http://www.nj.gov/health/rhc/finalreport/documents/appendix_3.pdf&lt;/a&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-611667844078404348?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/611667844078404348/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/03/muhlenberg-hospital-in-morristown.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/611667844078404348'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/611667844078404348'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/03/muhlenberg-hospital-in-morristown.html' title='Muhlenberg Hospital in Morristown Area?'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-5005773402687170417</id><published>2011-03-04T17:15:00.000-05:00</published><updated>2011-03-04T21:25:39.504-05:00</updated><title type='text'>Asset Transformation and Hospital Closings</title><content type='html'>&lt;div align="center"&gt;Muhlenberg Regional Medical Center Property&lt;br /&gt;Plainfield, New Jersey &lt;/div&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;div align="left"&gt;&lt;br /&gt;A recent newspaper article detailed vague discussions concerning the development of the Muhlenberg Regional Medical Center property located in Plainfield, NJ.&lt;br /&gt;&lt;br /&gt;Since the State of New Jersey holds the $152,925,000 State Contract Bonds (Hospital Asset Transformation Program) on the total Muhlenberg property issued by the New Jersey Health Care Facilities Financing Authority with the Bank of New York Mellon, as Master Trustee, the State of New Jersey should be an interested party and participate in the ongoing discussions in order to fully protect the public interest.&lt;br /&gt;&lt;br /&gt;Muhlenberg Regional Medical Center was closed in 2008, by the former Commissioner of Health and Senior Services Heather Howard. (July 28, 2008, closure letter)&lt;br /&gt;&lt;br /&gt;The New Jersey State Legislature passed a bill to allow for the bonding to go through even though the court challenge was not adjudicated. In October, 2008, the New Jersey Health Care Facilities Financing Authority approved the $152,925,000 State Contract Bonds in the Hospital Asset Transformation Program.&lt;br /&gt;&lt;br /&gt;According to papers filed in the County of Union Clerk's office, the $152.9 million bond note is secured by the Muhlenberg property only and does not impact The Community Hospital Group, Inc. [Please note that at one of the hospital annual meetings, it was stated that there is also a $17 million mortgage on the Muhlenberg property, but research can not substantiate that as a fact.]&lt;br /&gt;&lt;br /&gt;The Plainfield area residents lost healthcare for a supposedly $18 million loss, but the Muhlenberg assets have been leveraged to provide $152.9 million to another entity.&lt;br /&gt;&lt;br /&gt;Regardless, the State of New Jersey needs to be aware of this development in order to protect the State's interest.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;The Muhlenberg Independents&lt;br /&gt;The Muhlenberg Research Group&lt;/div&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-5005773402687170417?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/5005773402687170417/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/03/governor-chris-christie-october-30-2010.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/5005773402687170417'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/5005773402687170417'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2011/03/governor-chris-christie-october-30-2010.html' title='Asset Transformation and Hospital Closings'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-5767639997068229206</id><published>2010-12-18T13:25:00.000-05:00</published><updated>2010-12-30T02:37:54.529-05:00</updated><title type='text'>Weakened Oversight of Public Assets</title><content type='html'>New legislation is dismantling century old trusts and endowments that were supposed to continue in perpetuity.  This is the raiding and plundering of historic endowments to compensate for property mortgages, pet projects, failed investments and expanded personal compensation packages, which are not for the benefit of the public and certainly not the donors' intent. &lt;br /&gt;&lt;br /&gt;In 2006,the Uniform Law Commission (ULC) released Bush era guidelines deregulating a substantial portion of nonprofit funds.  More than 40 states have adopted versions of these guidelines with very little debate and even less publicity.  On June 10, 2009, NJ Governor Jon Corzine signed into law the Uniform Prudent Management of Institutional Funds Act.  This law creates troubling changes in the way that charitable trusts and endowments are managed and regulated. &lt;br /&gt;&lt;br /&gt;The use of the term "prudent" in dealing with "small funds" has resulted in an expansion of the affected funds from the ULC suggested amount of $25,000 to a high of $250,000 in New Jersey and in a number of other States.  These funds become "old" after the suggested 20 years in NJ, and at least one \state has shortened the time to 10 years.  Language on retroactivity is strategically vague and neglects public notification and transparency.&lt;br /&gt;&lt;br /&gt;Liquidating the principal in countless smaller endowments that support charitable work in good times and bad will do irreparable harm to the public good that will eventually achieve infamy as a crime against the living as well as the dead.&lt;br /&gt;&lt;br /&gt;Most significant is the transfer of oversight from the jurisdiction of the States' Courts to a political appointee  - the State Attorney General - making nonprofits more vulnerable to pay-to-play and unregulated asset transfers. Ethical assumptions about prudence, motives, and human nature have subsequently been changed with lessons learned by the banking crisis, predatory lending practices, bonuses amidst bailouts and the failure of the SEC to regulate the exploitation of foundations and non-profits by Madoff. &lt;br /&gt;&lt;br /&gt;The dismantling of New Jersey hospitals, specifically Muhlenberg Regional Medical Center, Plainfield, NJ, was facilitated by a corporate, non-profit parent company with related for-profit holdings and overlapping interests. The transfer of over a century's accumulation of assets: endowments, gifts, real estate, facilities, and equipment was done under the approval of the NJ State Government, and the NJ Attorney General's Office. The cy pres doctrine was essentially ignored. &lt;br /&gt;&lt;br /&gt;Citizens have raised the endowment issue at state hearings, in letters to the editor, and various other venues, but all of this has fallen on deaf ears.  The citizens are in affect paying tax dollars to the same state government employees who are not protecting their interests.  Unless the citizen's can muster enough money to initiate a court action, all of the historic endowments will be lost forever, and a crime against the dead will have occurred.  In this case, the NJ UPMIFA of 2009 had not yet been passed, but the raiding and plundering of endowments happened anyway.&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-5767639997068229206?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/5767639997068229206/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2010/12/weakened-oversight-of-public-assets.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/5767639997068229206'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/5767639997068229206'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2010/12/weakened-oversight-of-public-assets.html' title='Weakened Oversight of Public Assets'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-8869968085775532062</id><published>2010-03-31T19:20:00.000-04:00</published><updated>2010-03-31T19:44:00.968-04:00</updated><title type='text'>Grade Inflation Equals Consumer Fraud</title><content type='html'>&lt;div align="left"&gt; &lt;/div&gt;&lt;div align="left"&gt;Education reform can begin with a policy that prohibit the granting of honor roll grades to students who are not doing work that is on grade level. Grades are deceptive and few parents know what children are expected to know at various stages of their development. Accepted practices of grade inflation need to be banned as a destructive form of consumer fraud.&lt;/div&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;div align="left"&gt; &lt;/div&gt;&lt;div align="left"&gt;Honor rolls can create a deceptive sense of satisfffaccction for everyone involved. It would produccce a higher level of advocay and effort from parents and students if they were aware that they were achieving excellene in work below the core ontent standards for their grade.&lt;/div&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;div align="left"&gt; &lt;/div&gt;&lt;div align="left"&gt;In every school system, there are students who will do whatever it takes to master all of the work required of them. It is not fair for them to never be presented the full sclope of academic instruction that is given to other students that they will have to compete with in college. Valedictorians from one school district are place at a disadvantage next to "C" students from another.&lt;/div&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;div align="left"&gt; &lt;/div&gt;&lt;div align="left"&gt;Many college freshmen are surprised and discouraged to learn that they have to take loans and acquire debt for non-credit courses. This often includes the cost of room and board for instruction they should have obtained while living at home attending public schools where they excelled. Without proper support, many of these gifted students are lost to higher education, forever.&lt;/div&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;div align="left"&gt; &lt;/div&gt;&lt;div align="left"&gt;All positive change does not require money. A public policy that requires 'truth in grading' can go a long way toward preventing schools from languishing, unchallenged in entrenched failure.&lt;/div&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;div align="left"&gt; &lt;/div&gt;&lt;div align="left"&gt;Deborah Joyce Dowe&lt;/div&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-8869968085775532062?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/8869968085775532062/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2010/03/grade-inflation-equals-consumer-fraud.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/8869968085775532062'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/8869968085775532062'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2010/03/grade-inflation-equals-consumer-fraud.html' title='Grade Inflation Equals Consumer Fraud'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-8637617940139257004</id><published>2009-11-05T03:16:00.000-05:00</published><updated>2009-11-05T04:08:48.920-05:00</updated><title type='text'>Believe In What You Need</title><content type='html'>Thank you to the voters who supported our efforts. Election day was not the finish line for us, but it took us closer to the goal of restoring Muhlenberg Regional Medical Center.&lt;br /&gt;&lt;br /&gt;With the election of Chris Christie, changes in Trenton will replace many of the people who refused to listen to our concerns and failed to follow legal requirements that a community needs assessment and an impact study must be conducted prior to closing a hospital.&lt;br /&gt;&lt;br /&gt;Hope Thompson and Karen Gielen should be proud of the support they received as first-time unfunded candidates. Through this process, we discovered old friends and made new friends for life. We'd like to thank everyone who encouraged us, offered assistance and helped make our issues a vital part of this election.&lt;br /&gt;&lt;br /&gt;Deborah Dowe&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-8637617940139257004?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/8637617940139257004/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2009/11/believe-in-what-you-need.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/8637617940139257004'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/8637617940139257004'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2009/11/believe-in-what-you-need.html' title='Believe In What You Need'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-849277824759646276</id><published>2009-11-01T11:38:00.000-05:00</published><updated>2009-11-01T11:59:28.822-05:00</updated><title type='text'>Campaign events</title><content type='html'>&lt;div  style="text-align: center; font-weight: bold;font-family:arial;"&gt;The Muhlenberg Independents Call For Bi-Partisan Support And Cooperation&lt;br /&gt;&lt;br /&gt;&lt;span style="font-style: italic;"&gt;Think Independently, Work Together&lt;/span&gt;&lt;br /&gt;&lt;/div&gt;&lt;br /&gt;&lt;p  class="MsoNormal" style="font-family:arial;"&gt;&lt;span style="font-size:180%;"&gt;Deborah Dowe - &lt;span style="font-weight: bold;"&gt;Mayor of Plainfield&lt;/span&gt;&lt;br /&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p  class="MsoNormal" style="font-family:arial;"&gt;&lt;span style="font-size:180%;"&gt;&lt;span style=""&gt;Hope Thompson -&lt;/span&gt;&lt;/span&gt;&lt;span style="font-size:180%;"&gt;&lt;b style=""&gt;&lt;span style=""&gt;&lt;span style=""&gt;    &lt;/span&gt;&lt;span style=""&gt;  &lt;/span&gt;&lt;span style=""&gt;    &lt;/span&gt;&lt;span style=""&gt; &lt;/span&gt;&lt;span style=""&gt;        &lt;/span&gt;&lt;span style=""&gt; &lt;/span&gt; County Freeholder&lt;/span&gt;&lt;/b&gt;&lt;/span&gt;&lt;/p&gt;&lt;p  class="MsoNormal" style="font-family:arial;"&gt;&lt;span style="font-size:180%;"&gt;Karen &lt;/span&gt;&lt;span style="font-size:180%;"&gt;Gielen  -&lt;/span&gt;&lt;span style="font-size:180%;"&gt;&lt;b style=""&gt;&lt;span style=""&gt;&lt;span style=""&gt;    &lt;/span&gt;&lt;span style=""&gt;  &lt;/span&gt;&lt;span style=""&gt;    &lt;/span&gt;&lt;span style=""&gt; &lt;/span&gt;&lt;span style=""&gt;        &lt;/span&gt;&lt;span style=""&gt; &lt;/span&gt; County Freeholder&lt;/span&gt;&lt;/b&gt;&lt;/span&gt;&lt;span style="font-size:180%;"&gt;&lt;b style=""&gt;&lt;span style=""&gt;&lt;br /&gt;&lt;span style=""&gt;      &lt;/span&gt;&lt;span style=""&gt; &lt;/span&gt;&lt;span style=""&gt;   &lt;/span&gt;&lt;span style=""&gt; &lt;/span&gt;&lt;/span&gt;&lt;/b&gt;&lt;st1:city&gt;&lt;st1:place&gt;&lt;/st1:place&gt;&lt;/st1:city&gt;&lt;/span&gt;&lt;/p&gt;&lt;p class="MsoNormal"&gt;&lt;br /&gt;&lt;b style=""&gt;&lt;span style=";font-family:Arial;font-size:14;"  &gt;&lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/b&gt;&lt;/p&gt;  &lt;p class="MsoNormal"&gt;&lt;b style=""&gt;&lt;span style=";font-family:Arial;font-size:14;"  &gt;&lt;o:p&gt; &lt;/o:p&gt;&lt;/span&gt;&lt;/b&gt;&lt;/p&gt;  &lt;p class="MsoNormal" style="text-align: center;" align="center"&gt;&lt;i style=""&gt;&lt;span style=""&gt;Sunday, November 1st, &lt;/span&gt;&lt;/i&gt;&lt;st1:time minute="0" hour="16"&gt;&lt;i style=""&gt;&lt;span style=""&gt;4:00pm&lt;/span&gt;&lt;/i&gt;&lt;/st1:time&gt;&lt;span style=""&gt;&lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal" style="text-align: center;" align="center"&gt;&lt;!--[if gte vml 1]&gt;&lt;v:shapetype id="_x0000_t32" coordsize="21600,21600" spt="32" oned="t" path="m,l21600,21600e" filled="f"&gt;  &lt;v:path arrowok="t" fillok="f" connecttype="none"&gt;  &lt;o:lock ext="edit" shapetype="t"&gt; &lt;/v:shapetype&gt;&lt;v:shape id="_x0000_s1026" type="#_x0000_t32" style="'position:absolute;" connectortype="straight" strokeweight="3pt"&gt;  &lt;v:stroke dashstyle="1 1" endcap="round"&gt; &lt;/v:shape&gt;&lt;![endif]--&gt;&lt;!--[if !vml]--&gt;&lt;span style="position: absolute; z-index: 1; left: 0px; margin-left: 62px; margin-top: 39px; width: 631px; height: 10px;"&gt;&lt;/span&gt;&lt;span style=""&gt;&lt;span style=""&gt;&lt;/span&gt;&lt;/span&gt;&lt;span style=""&gt;Community Rally and Press Conference&lt;i style=""&gt;&lt;o:p&gt;&lt;/o:p&gt;&lt;/i&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal" style="text-align: center;" align="center"&gt;&lt;br /&gt;&lt;span style=""&gt;&lt;/span&gt;&lt;/p&gt;&lt;p class="MsoNormal" style="text-align: center;" align="center"&gt;&lt;span style=""&gt;&lt;br /&gt;&lt;/span&gt;&lt;/p&gt;&lt;p class="MsoNormal" style="text-align: center;" align="center"&gt;&lt;span style=""&gt; &lt;/span&gt;&lt;i style=""&gt;&lt;span style=""&gt;Monday, November 2&lt;sup&gt;nd&lt;/sup&gt;, &lt;/span&gt;&lt;/i&gt;&lt;st1:time hour="18" minute="30"&gt;&lt;i style=""&gt;&lt;span style=""&gt;6:30pm&lt;/span&gt;&lt;/i&gt;&lt;/st1:time&gt;&lt;b style=""&gt;&lt;span style=";font-family:Arial;font-size:12;"  &gt;&lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/b&gt;&lt;/p&gt;  &lt;p class="MsoNormal" style="text-align: center;" align="center"&gt;&lt;span style=""&gt;Debbie Dowe and friends present&lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal" style="text-align: center;" align="center"&gt;&lt;span style=""&gt;&lt;span style=""&gt; &lt;/span&gt;&lt;span style=""&gt; &lt;/span&gt;&lt;i style=""&gt;The Truth About &lt;/i&gt;&lt;/span&gt;&lt;st1:place&gt;&lt;st1:placename&gt;&lt;i style=""&gt;&lt;span style=""&gt;Muhlenberg&lt;/span&gt;&lt;/i&gt;&lt;/st1:placename&gt;&lt;i style=""&gt;&lt;span style=""&gt; &lt;/span&gt;&lt;/i&gt;&lt;st1:placetype&gt;&lt;i style=""&gt;&lt;span style=""&gt;Hospital&lt;/span&gt;&lt;/i&gt;&lt;/st1:placetype&gt;&lt;/st1:place&gt;&lt;i style=""&gt;&lt;span style=""&gt;: &lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/i&gt;&lt;/p&gt;  &lt;p class="MsoNormal" style="text-align: center;" align="center"&gt;&lt;i style=""&gt;&lt;span style=""&gt;&amp;amp;&lt;b style=""&gt;&lt;span style="background: red none repeat scroll 0% 50%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;"&gt; &lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/b&gt;&lt;/span&gt;&lt;/i&gt;&lt;/p&gt;  &lt;p class="MsoNormal" style="text-align: center;" align="center"&gt;&lt;span style=""&gt;Her Vision for &lt;/span&gt;&lt;st1:city&gt;&lt;st1:place&gt;&lt;span style=""&gt;Plainfield&lt;/span&gt;&lt;/st1:place&gt;&lt;/st1:city&gt;&lt;span style=""&gt;&lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal" style="text-align: center;" align="center"&gt;&lt;span style=""&gt;(Jobs, lower taxes, education, healthcare)&lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal" style="text-align: center;" align="center"&gt;&lt;span style=""&gt;&lt;o:p&gt; &lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal" style="margin-left: 1in;"&gt;&lt;span style=""&gt;The Du &lt;/span&gt;&lt;st1:place&gt;&lt;st1:placename&gt;&lt;span style=""&gt;Cret&lt;/span&gt;&lt;/st1:placename&gt;&lt;span style=""&gt; &lt;/span&gt;&lt;st1:placetype&gt;&lt;span style=""&gt;School&lt;/span&gt;&lt;/st1:placetype&gt;&lt;/st1:place&gt;&lt;span style=""&gt; of the Arts &lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal" style="text-align: center;" align="center"&gt;&lt;st1:street&gt;&lt;st1:address&gt;&lt;span style=""&gt;1030 Central Avenue&lt;/span&gt;&lt;/st1:address&gt;&lt;/st1:street&gt;&lt;span style=""&gt;. Plfd.&lt;/span&gt;&lt;span style=";font-family:Arial;font-size:18;"  &gt; &lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;div style="text-align: center;"&gt;&lt;span style=";font-family:Arial;font-size:18;"  &gt;(Light refreshments served)&lt;/span&gt;&lt;span style=""&gt;&lt;/span&gt;&lt;br /&gt;&lt;span style=""&gt;&lt;/span&gt;&lt;/div&gt;&lt;span style=""&gt; &lt;!--[if !supportLineBreakNewLine]--&gt;&lt;br /&gt;&lt;!--[endif]--&gt;&lt;/span&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-849277824759646276?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/849277824759646276/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2009/11/campaign-events.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/849277824759646276'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/849277824759646276'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2009/11/campaign-events.html' title='Campaign events'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-3519629506020345442</id><published>2009-10-27T22:10:00.000-04:00</published><updated>2009-10-29T09:05:51.773-04:00</updated><title type='text'>Letter from Christopher Christie</title><content type='html'>&lt;a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://4.bp.blogspot.com/_4ywLQn1m7Ck/SueoNyn_LGI/AAAAAAAAAAQ/e4uiIdVGMXo/s1600-h/DDMul198.jpg"&gt;click  on document to enlarge&lt;img style="margin: 0px auto 10px; display: block; text-align: center; cursor: pointer; width: 292px; height: 400px;" src="http://4.bp.blogspot.com/_4ywLQn1m7Ck/SueoNyn_LGI/AAAAAAAAAAQ/e4uiIdVGMXo/s400/DDMul198.jpg" alt="" id="BLOGGER_PHOTO_ID_5397467633308085346" border="0" /&gt;&lt;/a&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-3519629506020345442?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/3519629506020345442/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2009/10/letter-from-christopher-christie.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/3519629506020345442'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/3519629506020345442'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2009/10/letter-from-christopher-christie.html' title='Letter from Christopher Christie'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><media:thumbnail xmlns:media='http://search.yahoo.com/mrss/' url='http://4.bp.blogspot.com/_4ywLQn1m7Ck/SueoNyn_LGI/AAAAAAAAAAQ/e4uiIdVGMXo/s72-c/DDMul198.jpg' height='72' width='72'/><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-5092708903876695691</id><published>2009-10-25T12:42:00.000-04:00</published><updated>2009-10-25T12:58:16.414-04:00</updated><title type='text'>Plainfield Parking Meters</title><content type='html'>Did you know that the Plainfield parking meters use batteries?  They behave the same way clocks do when the batteries are weak.  They don't keep time, but you end up with a $35 dollar ticket that can cause the registered owner to lose their license to drive if it is not paid. &lt;br /&gt;&lt;br /&gt;We could also be vulnerable to a class action suit.&lt;br /&gt;&lt;br /&gt;I buy Halal (Islamic Kosher) food downtown Plainfield, outstanding yogurt and my favorite restaurant where you can watch your food prepared.  I also like to watch African movies while they braid my hair on Somerset Street where I got a ticket soon after putting the maximum of two hours on the meter.&lt;br /&gt;&lt;br /&gt;When I went to the police to complain, I learned I could beat the ticket by a legally requesting the maintenance records. By the way the meter by the police station was so jammed with money it couldn't be used.&lt;br /&gt;&lt;br /&gt;Why does this matter?  It discourages people from shopping downtown.  Its not right.  We don't get the proper revenue from the machines and we get unjust revenue and penalties from the tickets.  Loss of your drivers license can limit access to healthcare as well as work.&lt;br /&gt;&lt;br /&gt;What happened to 'truth, justice and the American way'?&lt;br /&gt;Are we participants, or are we prey?&lt;br /&gt;&lt;br /&gt;Deborah Dowe&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-5092708903876695691?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/5092708903876695691/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2009/10/plainfield-parking-meters.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/5092708903876695691'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/5092708903876695691'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2009/10/plainfield-parking-meters.html' title='Plainfield Parking Meters'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-3068815121180198922</id><published>2009-10-25T00:12:00.000-04:00</published><updated>2009-10-25T00:15:34.433-04:00</updated><title type='text'>League of Women Voters Questions</title><content type='html'>&lt;o:p&gt;&lt;/o:p&gt;&lt;b&gt;&lt;u&gt;&lt;span style="font-size: 14pt; font-family: Arial; color: blue;"&gt;For the mayoral candidates:&lt;/span&gt;&lt;/u&gt;&lt;/b&gt;&lt;br /&gt;&lt;p class="MsoNormal" style="margin-bottom: 0.0001pt; line-height: normal;"&gt;&lt;span style="font-size: 14pt; font-family: Arial;"&gt; 1). What strategy will you advocate for economic development in the next four years? &lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal" style="margin-bottom: 0.0001pt; line-height: normal;"&gt;&lt;span style="font-size: 14pt; font-family: Arial;"&gt;&lt;o:p&gt; &lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal" style="margin-bottom: 0.0001pt; line-height: normal;"&gt;&lt;span style="font-size: 14pt; font-family: Arial;"&gt;Plainfield has valid needs and underserved markets that can create the jobs and economic vitality that fuels the broader goal of community development.&lt;span style=""&gt;  &lt;/span&gt;Services and social interaction bring universal benefits, while residential expansion strains all resources.&lt;span style=""&gt;  &lt;/span&gt;Incentives should go to supermarkets, hotels, banquet halls, game rooms and jazz clubs instead of more homes.&lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal" style="margin-bottom: 0.0001pt; line-height: normal;"&gt;&lt;span style="font-size: 14pt; font-family: Arial;"&gt;&lt;o:p&gt; &lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal" style="margin-bottom: 0.0001pt; line-height: normal;"&gt;&lt;span style="font-size: 14pt; font-family: Arial;"&gt;Plainfield is a medically underserved community with a substantial population of insured residents willing to invest in wellness, natural cures and programs that integrate alternative and mainstream medicine. Restoring rapid access to acute care and expanding access to chronic care and lifestyle medicine will create more jobs that the 1100 that have been lost.&lt;span style=""&gt;  &lt;/span&gt;&lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal" style="margin-bottom: 0.0001pt; line-height: normal;"&gt;&lt;span style="font-size: 14pt; font-family: Arial;"&gt;&lt;o:p&gt; &lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal" style="margin-bottom: 0.0001pt; line-height: normal;"&gt;&lt;span style="font-size: 14pt; font-family: Arial;"&gt;2). What is your stand on tax breaks for developers?&lt;br /&gt; &lt;!--[if !supportLineBreakNewLine]--&gt;&lt;br /&gt; &lt;!--[endif]--&gt;&lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal" style="margin-bottom: 0.0001pt; line-height: normal;"&gt;&lt;span style="font-size: 14pt; font-family: Arial;"&gt;Taxpayers deserve to know the extent of tax breaks that are currently in place, including an inventory of tax free properties that are in use or vacant and eligible for development.&lt;span style=""&gt;  &lt;/span&gt;Programs that allow seniors to work in lieu of a modest portion of their property tax debt need to be investigated for compliance with New Jersey laws.&lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal" style="margin-bottom: 0.0001pt; line-height: normal;"&gt;&lt;span style="font-size: 14pt; font-family: Arial;"&gt;&lt;o:p&gt; &lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal" style="margin-bottom: 0.0001pt; line-height: normal;"&gt;&lt;span style="font-size: 14pt; font-family: Arial;"&gt;&lt;o:p&gt; &lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal" style="margin-bottom: 0.0001pt; line-height: normal;"&gt;&lt;span style="font-size: 14pt; font-family: Arial;"&gt;&lt;o:p&gt; &lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal"&gt;&lt;span style="font-size: 14pt; line-height: 115%; font-family: Arial;"&gt;3). How do you intend to enforce property code ordinances, such as those banning satellite dishes visible from the street?&lt;span style=""&gt;  &lt;/span&gt;&lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal"&gt;&lt;span style="font-size: 14pt; line-height: 115%; font-family: Arial;"&gt;Residents need common standards and a commitment to equal treatment of property, citywide.&lt;span style=""&gt;  &lt;/span&gt;Compliance with state and federal regulations requires a review of local ordinances.&lt;span style=""&gt;  &lt;/span&gt;For instance, FCC regulations negotiated by satellite providers, give single users of residential and commercial real estate wide latitude in the placement of satellite dishes on private property. If the Plainfield ordinance was legal when passed, it may not be legal now.&lt;br /&gt;&lt;br /&gt;&lt;b&gt;&lt;u&gt;&lt;span style="color: blue;"&gt;For the assembly candidates:&lt;/span&gt;&lt;/u&gt;&lt;/b&gt;&lt;br /&gt;1). How would you bring back acute medical care to Plainfield?&lt;span style=""&gt;  &lt;/span&gt;&lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal"&gt;&lt;span style="font-size: 14pt; line-height: 115%; font-family: Arial;"&gt;&lt;o:p&gt; &lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal"&gt;&lt;span style="font-size: 14pt; line-height: 115%; font-family: Arial;"&gt;Court action to return the Muhlenberg donations, scholarships and endowments along with income from Muhlenberg’s extensive rental properties will greatly subsidize charity care and make the hospital more attractive to buyers.&lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal"&gt;&lt;span style="font-size: 14pt; line-height: 115%; font-family: Arial;"&gt;Plainfield’s size and complex population are ideal to nurture demonstration projects in the fusion or medical technology, traditional or native cures and ethno-pharmacology that will impact the next decade of medicine.&lt;span style=""&gt;  &lt;/span&gt;&lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal"&gt;&lt;span style="font-size: 14pt; line-height: 115%; font-family: Arial;"&gt;Plainfield is a uniquely diverse, medically underserved community in the heart of the pharmaceutical state.&lt;span style=""&gt;  &lt;/span&gt;We can actively seek partnerships with the Integrative Medicine community as they seek to establish fundable protocols for preventive care and wellness programs.&lt;span style=""&gt;  &lt;/span&gt;Passively, we can wait till over 100 new cardiac drugs require clinical trials on diverse populations and evaluate the options this opportunity will preset.&lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal"&gt;&lt;span style="font-size: 14pt; line-height: 115%; font-family: Arial;"&gt;&lt;o:p&gt; &lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal"&gt;&lt;span style="font-size: 14pt; line-height: 115%; font-family: Arial;"&gt;&lt;br /&gt;2). What sorts of shared services could lower the local property tax burden? Be specific to the towns in the 22nd District?&lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal"&gt;&lt;span style="font-size: 14pt; line-height: 115%; font-family: Arial;"&gt;Shared services need to begin within Plainfield.&lt;span style=""&gt;  &lt;/span&gt;A system needs to enable City government, school system and PMUA to share specialized staff starting with Public Information and Communications.&lt;span style=""&gt;  &lt;/span&gt;News and events need to be scheduled and promoted in a cooperative effort.&lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal"&gt;&lt;span style="font-size: 14pt; line-height: 115%; font-family: Arial;"&gt;&lt;o:p&gt; &lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal"&gt;&lt;span style="font-size: 14pt; line-height: 115%; font-family: Arial;"&gt;&lt;br /&gt;3). What will you do to rein in state and local taxes that are driving people out of New Jersey?&lt;span style=""&gt;  &lt;/span&gt;County school systems are a good start.&lt;span style=""&gt;  &lt;/span&gt;Currently New Jersey pays a segregation tax to enable residents to live and go to school with people that are alike, more so than any other state in the nation.&lt;span style=""&gt;  &lt;/span&gt;We must face this issue and chose efficiency over separateness, or not.&lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;  &lt;p class="MsoNormal"&gt;&lt;span style="font-size: 14pt; line-height: 115%; font-family: Arial;"&gt;&lt;br /&gt;&lt;b&gt;&lt;span style="color: mediumblue;"&gt;&lt;br /&gt;&lt;i&gt;Please send your photo, bio and responses to the aforementioned questions by October 10, 2009.&lt;/i&gt; &lt;/span&gt;&lt;/b&gt;&lt;/span&gt;&lt;/p&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-3068815121180198922?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/3068815121180198922/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2009/10/league-of-women-voters-questions.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/3068815121180198922'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/3068815121180198922'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2009/10/league-of-women-voters-questions.html' title='League of Women Voters Questions'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-268605644825727568</id><published>2009-10-22T13:16:00.000-04:00</published><updated>2009-10-23T12:04:07.142-04:00</updated><title type='text'>League Of Women Voters Campaign Coverage</title><content type='html'>&lt;div align="left"&gt;&lt;/div&gt;&lt;div align="center"&gt;The Short Story&lt;/div&gt;&lt;div align="center"&gt;&lt;/div&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;div align="left"&gt;A number of campaign supporters have expressed concern that none of my political commentary appeared in the Courier News Plainfield League of Women Voters ad that stated my submission was too late. My computer froze and had to be replaced, requiring all information to be completely reconstructed.&lt;br /&gt;&lt;br /&gt;Instead of the usual word limit for a general statement, candidates were given specific questions and no word limit. Questions directed to candidates for Mayor did not include the Muhlenberg issue, even though it was included in questions for Assembly Candidates. I took the time to answer them all. The League decided that 18 minutes past midnight, of the date for submission, was a vaild reason to reject my responses and advertise that my submission was too late to be included.&lt;br /&gt;&lt;br /&gt;Consequently, I did not expect any of my information, or my image to appear in their ad. Their use of my picture and blog address occurred after I questioned and accepted their decision and verbally withdrew permission to use my information on the League website.&lt;br /&gt;&lt;br /&gt;I prefer no coverage to partial coverage that is subject to their judgement and control.&lt;/div&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;div align="left"&gt;If you want to hear me speak in a public forum. Make sure you attend the:&lt;/div&gt;&lt;div align="left"&gt;&lt;br /&gt;&lt;/div&gt;&lt;div align="center"&gt;&lt;br /&gt;&lt;span style="font-size:130%;"&gt;Plainfield Area NAACP Candidate Forum&lt;/span&gt;&lt;br /&gt;300 Central Avenue&lt;br /&gt;Whitney Allen Young Community Room&lt;br /&gt;Plainfield, NJ 07060&lt;br /&gt;Please Park On The New Street Side &lt;/div&gt;&lt;div align="center"&gt;&lt;/div&gt;&lt;div align="center"&gt;&lt;span style="color:#990000;"&gt;Sunday October 25, 2009, 5:15PM&lt;/span&gt;&lt;/div&gt;&lt;div align="center"&gt;&lt;span style="color:#990000;"&gt;&lt;/span&gt; &lt;/div&gt;&lt;div align="center"&gt;Any groups or individuals who would like to hear my vision for Plainfield should:&lt;/div&gt;&lt;div align="left"&gt; &lt;/div&gt;&lt;div align="center"&gt;email me at &lt;a href="http://us.mc843.mail.yahoo.com/mc/compose?to=DNV.Dowe@verizon.net" target="_blank" rel="nofollow"&gt;DNV.Dowe@verizon.net&lt;/a&gt;, or call 908-756-7273.&lt;br /&gt; &lt;/div&gt;&lt;div align="center"&gt;&lt;/div&gt;&lt;div align="center"&gt;&lt;span style="color:#990000;"&gt;&lt;/span&gt;&lt;/div&gt;&lt;div align="center"&gt;&lt;span style="color:#990000;"&gt;&lt;/span&gt;&lt;/div&gt;&lt;div align="center"&gt;&lt;/div&gt;&lt;div align="center"&gt;&lt;span style="color:#990000;"&gt;&lt;/span&gt;&lt;/div&gt;&lt;div align="left"&gt;&lt;span style="color:#000000;"&gt;&lt;/span&gt;&lt;/div&gt;&lt;div align="left"&gt;&lt;/div&gt;&lt;div align="left"&gt;&lt;span style="color:#000000;"&gt;&lt;/span&gt;&lt;/div&gt;&lt;div align="left"&gt;&lt;span style="color:#000000;"&gt;Deborah Dowe&lt;/span&gt;&lt;/div&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-268605644825727568?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/268605644825727568/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2009/10/league-of-women-voters-campaign.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/268605644825727568'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/268605644825727568'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2009/10/league-of-women-voters-campaign.html' title='League Of Women Voters Campaign Coverage'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-8827521116482397412</id><published>2009-10-21T21:21:00.000-04:00</published><updated>2009-10-28T12:14:17.598-04:00</updated><title type='text'>League of Women Voters' Questions</title><content type='html'>My computer froze,I reconstructed answers to questions that the league posed to the Assembly Candidates, as well as questions for mayor that did not directly address health care and the Muhlenberg issue.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;The answers were emailed 18 minutes past midnight. If anyone wants to challenge my decision not tofurther participate in League Campaign Coverage. I will research copies of League campaign coverage, dating back to 1999 and break my rule against pointless negativity.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;The Courier was helpful, and even provided copy from prior submissions. I did not expect that there would be a problem with information submitted eighteen minutes past midnight. I simply could have not answered the additional questions that were intended for the Assembly candidates, but the Muhlenberg question was not put before the candidates for Mayor.&lt;br /&gt;&lt;br /&gt;I have posted the information that would have appeared in the League newspaper ad. If anyone has additional questions or would like me to adress a group, feel free to call me at 908-756-7273.&lt;br /&gt;&lt;br /&gt;If you want to hear me speak, please attend the:&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;div align="center"&gt;&lt;span style="color:#990000;"&gt;NAACP Candidate Forum&lt;/span&gt;&lt;/div&gt;&lt;br /&gt;&lt;br /&gt;&lt;div align="center"&gt;&lt;span style="color:#990000;"&gt;Sunday, October 25, 2009&lt;/span&gt;&lt;/div&gt;&lt;br /&gt;&lt;br /&gt;&lt;div align="center"&gt;&lt;span style="color:#990000;"&gt;5:15PM&lt;/span&gt;&lt;/div&gt;&lt;br /&gt;&lt;br /&gt;&lt;div align="center"&gt;&lt;span style="color:#990000;"&gt;Whitney Allen Young Apartments&lt;/span&gt;&lt;/div&gt;&lt;br /&gt;&lt;br /&gt;&lt;div align="center"&gt;&lt;span style="color:#990000;"&gt;300 Central Avenue, Community Room&lt;/span&gt;&lt;/div&gt;&lt;br /&gt;&lt;br /&gt;&lt;div align="center"&gt;&lt;span style="color:#990000;"&gt;(enter from the New Street side, through parking lot)&lt;/span&gt;&lt;/div&gt;&lt;br /&gt;&lt;br /&gt;&lt;div align="center"&gt;&lt;span style="color:#990000;"&gt;Plainfield, NJ, 07060&lt;/span&gt;&lt;/div&gt;&lt;br /&gt;&lt;br /&gt;&lt;span style="color:#990000;"&gt;&lt;/span&gt;&lt;br /&gt;&lt;span style="color:#990000;"&gt;For the mayoral candidates:&lt;/span&gt;&lt;br /&gt;&lt;span style="color:#990000;"&gt;&lt;/span&gt;&lt;br /&gt;&lt;span style="color:#990000;"&gt;1). What strategy will you advocate for economic development in the next four years?&lt;/span&gt;&lt;br /&gt;&lt;br /&gt;Plainfield has valid needs and underserved markets that can create the jobs and economic vitality that fuel the broader goal of community development. Services and social interaction bring universal benefits, while residential expansion strains all resources. Incentives should go to supermarkets, hotels, banquet halls, game rooms and jazz clubs instead of more homes.&lt;br /&gt;&lt;br /&gt;Plainfield is a medically underserved community with a substantial population of insured residents willing to invest in wellness, natural cures and programs that integrate alternative and mainstream medicine. Restoring rapid access to acute care and expanding access to chronic care and lifestyle medicine will create more jobs than the 1100 that have been lost.&lt;br /&gt;&lt;br /&gt;&lt;br /&gt;&lt;span style="color:#990000;"&gt;2). What is your stand on tax breaks for developers?&lt;/span&gt;&lt;br /&gt;&lt;span style="color:#990000;"&gt;&lt;br /&gt;&lt;/span&gt;Taxpayers deserve to know the extent of tax breaks that are currently in place, including an inventory of tax free properties that are in use or vacant and eligible for development. Programs that allow seniors to work in lieu of a modest portion of their property tax debt need to be investigated for compliance with New Jersey laws.&lt;br /&gt;&lt;br /&gt;&lt;span style="color:#990000;"&gt;3). How do you intend to enforce property code ordinances, such as those banning satellite dishes visible from the street? &lt;/span&gt;&lt;br /&gt;&lt;span style="color:#990000;"&gt;&lt;br /&gt;&lt;/span&gt;Residents need common standards and a commitment to equal treatment of property, citywide. Compliance with state and federal regulations requires a review of local ordinances. For instance, FCC regulations, negotiated by satellite providers, give single users of residential and commercial real estate wide latitude in the placement of satellite dishes on private property. If the Plainfield ordinance was legal when passed, it may not be legal now.&lt;br /&gt;&lt;br /&gt;&lt;span style="color:#990000;"&gt;For the assembly candidates:&lt;/span&gt;&lt;br /&gt;&lt;br /&gt;&lt;span style="color:#990000;"&gt;1). How would you bring back acute medical care to Plainfield?&lt;/span&gt;&lt;br /&gt;&lt;br /&gt;Court action to return the Muhlenberg donations, scholarships and endowments along with income from Muhlenberg’s extensive rental properties will greatly subsidize charity care and make the hospital more attractive to buyers.&lt;br /&gt;&lt;br /&gt;Plainfield’s size and complex population are ideal to nurture demonstration projects in the fusion of medical technology, traditional or native cures and ethno-pharmacology that will impact the next decade of medicine.&lt;br /&gt;&lt;br /&gt;Plainfield is a uniquely diverse, medically underserved community in the heart of the pharmaceutical state. We can actively seek partnerships with the Integrative Medicine community as they seek to establish fundable protocols for preventive care and wellness programs. Passively, we can wait till over 100 new cardiac drugs require clinical trials on diverse populations and evaluate the options this opportunity will preset.&lt;br /&gt;&lt;br /&gt;&lt;span style="color:#990000;"&gt;2). What sorts of shared services could lower the local property tax burden? Be specific to the towns in the 22nd District?&lt;/span&gt;&lt;br /&gt;&lt;br /&gt;Shared services need to begin within Plainfield. A system needs to enable City government, the school system and PMUA to share specialized staff starting with Public Information and Communications. News and events need to be scheduled and promoted in a cooperative effort.&lt;br /&gt;&lt;br /&gt;&lt;span style="color:#990000;"&gt;3). What will you do to rein in state and local taxes that are driving people out of New Jersey?&lt;/span&gt;&lt;br /&gt;&lt;br /&gt;County school systems are a good start. Currently New Jersey pays a segregation tax to enable residents to live and go to school with people that are alike, to a greater degree than any other state in the nation. We must face this issue and chose efficiency over separateness, or not.&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-8827521116482397412?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/8827521116482397412/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2009/10/league-of-women-voters-questions_21.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/8827521116482397412'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/8827521116482397412'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2009/10/league-of-women-voters-questions_21.html' title='League of Women Voters&apos; Questions'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-314484845517367632</id><published>2009-10-21T17:15:00.000-04:00</published><updated>2009-10-21T17:16:28.705-04:00</updated><title type='text'></title><content type='html'>&lt;div&gt; &lt;h1&gt;Plainfield feeling the pain of Muhlenberg Hospital&lt;/h1&gt; &lt;h4&gt;By &lt;a rel="nofollow" target="_blank" href="http://connect.nj.com/user/mdiionno/index.html"&gt;&lt;span style="color:#305cb6;"&gt;&lt;span class="yshortcuts" id="lw_1256159547_2"&gt;Mark DiIonno&lt;/span&gt;&lt;/span&gt;&lt;/a&gt; &lt;/h4&gt; &lt;h5&gt;October 17, 2009, 7:00AM&lt;/h5&gt; &lt;div&gt;&lt;span class="mt-enclosure mt-enclosure-photo" style="display: inline;"&gt;&lt;span class="photo-breakout photo-center large"&gt;&lt;img alt="plainfield-muhlenberg-closing.JPG" src="http://media.nj.com/ledgerupdates_impact/photo/plainfield-muhlenberg-closingjpg-197c756c787b7b96_large.jpg" /&gt;&lt;span class="byline"&gt;Amanda Brown/The Star-Ledger&lt;/span&gt;&lt;span class="caption"&gt;Nimrod Webb, Jr., owns Netherwood Auto Repair Center in Plainfield. His business has been affected from the shutting down of parts of &lt;span style="border-bottom: 1px dashed rgb(0, 102, 204); cursor: pointer;" class="yshortcuts" id="lw_1256159547_3"&gt;Muhlenberg&lt;/span&gt; Hospital.&lt;/span&gt;&lt;/span&gt;&lt;/span&gt;&lt;/div&gt; &lt;div&gt;The Netherwood Auto Repair Shop is about a mile from what’s left of Muhlenberg Hospital, but owner Nimrod Webb says business is way off since the hospital closed a year ago.&lt;/div&gt; &lt;div&gt;"This is the worst thing that’s happened since we’ve been in business," he said.&lt;/div&gt; &lt;div&gt;The ‘we’ is Webb and his late father, who started the business in 1962, five years before riots did irreparable damage to Plainfield’s reputation, economy and housing market.&lt;/div&gt; &lt;div&gt;"That was bad, but this downturn has been absolutely drastic," he said.&lt;/div&gt; &lt;div&gt;On &lt;span style="background: transparent none repeat scroll 0% 50%; cursor: pointer; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;" class="yshortcuts" id="lw_1256159547_4"&gt;Park Avenue&lt;/span&gt; near the &lt;span style="border-bottom: 1px dashed rgb(0, 102, 204); cursor: pointer;" class="yshortcuts" id="lw_1256159547_5"&gt;South Plainfield&lt;/span&gt; border, Cheryl Mazellan’s Imperial Deli has also taken a big hit.&lt;/div&gt; &lt;div&gt;"We did a lot of business there. All the lunches and catered platters they ordered are gone," Mazellan said.&lt;/div&gt; &lt;div&gt;The Imperial is in a strip mall with a pizza place and a Chinese restaurant, and there is plenty of parking at lunch. Along Park, "For Sale" and "For Rent" signs are posted in front of medical arts buildings and doctors’ offices. A pharmacy closed, and another slashed hours.&lt;/div&gt; &lt;div&gt;In a bad economy, no town can afford to lose 1,100 jobs. In any economy, &lt;span style="border-bottom: 1px dashed rgb(0, 102, 204); cursor: pointer;" class="yshortcuts" id="lw_1256159547_6"&gt;Plainfield&lt;/span&gt; can afford it less. The town has struggled in the four decades since the riots, with downtown declines marked by changing demographics and competition from malls. Through it all, Muhlenberg was a source of pride. Many "Welcome to Plainfield" signs are subtitled "Home of Muhlenberg &lt;span style="border-bottom: 1px dashed rgb(0, 102, 204); cursor: pointer;" class="yshortcuts" id="lw_1256159547_7"&gt;Regional Medical Center&lt;/span&gt;."&lt;/div&gt; &lt;div&gt;The original historic edifice has the name carved in concrete and for Corinth pillars, and for 132 years, the hospital was a stanchion of the community, growing with the times. There were new centers for wounds, bariatric treatment and dialysis, and a 355-bed full service hospital with an operating room almost round the clock. &lt;/div&gt; &lt;div&gt;When Muhlenberg was closed by owner Solaris Health Systems because the company said it was unprofitable, it became another statistic in state hospital closures. About 25 have closed in &lt;span class="yshortcuts" id="lw_1256159547_8"&gt;New Jersey&lt;/span&gt; since 1990, most are in urban areas; Irvington General, St. James and Columbus in &lt;span class="yshortcuts" id="lw_1256159547_9"&gt;Newark&lt;/span&gt;, Orange Medical, Barnert in Paterson, Greenville in Jersey City, Union Hospital, to name a few.&lt;/div&gt; &lt;div&gt;Unlike those hospitals, Muhlenberg has no nearby medical facilities. JFK in Edison, also owned by Solaris, is closest at five miles away.&lt;/div&gt; &lt;div&gt;&lt;span class="mt-enclosure mt-enclosure-photo" style="display: inline;"&gt;&lt;span class="photo-breakout photo-center large"&gt;&lt;img alt="muhlenberg-hospital-closing.JPG" src="http://media.nj.com/ledgerupdates_impact/photo/muhlenberg-hospital-closingjpg-d16d3a35f8c5aceb_large.jpg" /&gt;&lt;span class="byline"&gt;Amanda Brown/The Star-Ledger&lt;/span&gt;&lt;span class="caption"&gt; (left to right) Deborah Dowe, Karen Gielen Jim Colvin and Hope Thompson are some of the community members and former &lt;span class="yshortcuts" id="lw_1256159547_10"&gt;Muhlenberg Hospital staff&lt;/span&gt; who are upset about the closing of the hospital in Plainfield. They stand in front of one of the older sections of the hospital.&lt;/span&gt;&lt;/span&gt;&lt;/span&gt;&lt;/div&gt; &lt;div&gt;Healthcare is now the country’s most public debate. As a New Jersey election issue, it runs third behind property taxes and the economy. As a Plainfield issue, Muhlenberg is about all three. The closing effects care, business, and real estate value, the barometer of property taxes.&lt;/div&gt; &lt;div&gt;"I know of people who want to move out of town or are reluctant to move into town, because we no longer have a hospital," said James Colvin, the pastor of Plainfield’s United Church of Christ. "It has definitely impacted property values, and depressed many of our residents. They feel abandoned."&lt;/div&gt; &lt;div&gt;In Star-Ledger interviews, the three major candidates talked about recent hospital closings.&lt;/div&gt; &lt;div&gt;&lt;span style="border-bottom: 1px dashed rgb(0, 102, 204); cursor: pointer;" class="yshortcuts" id="lw_1256159547_11"&gt;Gov. Jon S. Corzine&lt;/span&gt; said the state had a glut of &lt;span class="yshortcuts" id="lw_1256159547_12"&gt;hospital beds&lt;/span&gt;, and that glut is almost gone. He said certain "safety net" hospitals for low-income and uninsured people "need to be protected" and expansion of federally &lt;span class="yshortcuts" id="lw_1256159547_13"&gt;qualified health care centers&lt;/span&gt; would help fill the void. &lt;/div&gt; &lt;div&gt;Republican Chris Christie said "the state has a role in reforming the way we operate our &lt;span style="border-bottom: 1px dashed rgb(0, 102, 204); cursor: pointer;" class="yshortcuts" id="lw_1256159547_14"&gt;health care system&lt;/span&gt;." He said a cooperative system of hospitals, nursing homes and &lt;span class="yshortcuts" id="lw_1256159547_15"&gt;assisted living facilities&lt;/span&gt; would make spending more efficient.&lt;/div&gt; &lt;div&gt;Independent Chris Daggett said "the broad need of the community has to be taken into account," and the state should ensure health services are available when a city hospital closes. Daggett used Muhlenberg’s "satellite emergency department’’ as an example of a vulnerable community remaining served.&lt;/div&gt; &lt;div&gt;But emergent care only heals part of the wounds left by a hospital closing.&lt;/div&gt; &lt;div&gt;"This hospital was not only an economic engine, but it was also a backbone of our civic service community, and serviced the most vulnerable people we have in this country," said Deborah Dowe, who has led a coalition that continues to challenge the closing. "Every kind of group home was put in Plainfield. We have homes for addicts, alcoholics, the developmentally disabled and mentally challenged. Then they took away the hospital that serves their needs."&lt;/div&gt; &lt;div&gt;Dowe, Karen Gielen, a former Muhlenberg nurse, and Hope Thomas, are running as independent freeholder candidates in Union on a "Save Muhlenberg" platform. The three women and Colvin complain the federally-funded clinic for poor Plainfield residents is across town, near Green Brook and &lt;span class="yshortcuts" id="lw_1256159547_16"&gt;Dunellen&lt;/span&gt;, and little &lt;span class="yshortcuts" id="lw_1256159547_17"&gt;mass transit&lt;/span&gt; goes that way. Hospitals that are absorbing Plainfield’s births, surgeries and other patient care are also far removed from mass transit.&lt;/div&gt; &lt;div&gt;"Solaris wants to send everybody to JFK, but there’s no bus lines there," Dowe said. "Now, if you’re poor and don’t have a car, you have to take two or three buses to go visit a sick relative or a newborn baby in Elizabeth, or Edison." &lt;/div&gt; &lt;div&gt;For the sick, the only way to get to a hospital is by ambulance, medical transport or cab. The first two are very expensive for the uninsured. The last may be the lone economic upside to the Muhlenberg saga. Since the hospital closed, there are three new cab companies in town.&lt;/div&gt;&lt;/div&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-314484845517367632?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/314484845517367632/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2009/10/plainfield-feeling-pain-of-muhlenberg.html#comment-form' title='1 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/314484845517367632'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/314484845517367632'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2009/10/plainfield-feeling-pain-of-muhlenberg.html' title=''/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>1</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-6614886401703292679</id><published>2009-10-18T23:10:00.000-04:00</published><updated>2009-10-19T00:42:28.027-04:00</updated><title type='text'></title><content type='html'>&lt;div align="center"&gt;Language Is A Math Issue&lt;/div&gt;&lt;br /&gt;&lt;br /&gt;For years, I protested new math programs that were on the list of approved options for Abbott districts.  In the 90's, there was little interest in well known conflicts of interests between academics and publishers.  Some new curriculums had to be replaced at great cost, after negative student impact. &lt;br /&gt;&lt;br /&gt;While serving on the Board of Governors of the New Jersey Math and Science Coalition, I wrote a series of position papers on improvements that can be made using existing resources.&lt;br /&gt;&lt;br /&gt;Deborah Dowe&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-6614886401703292679?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/6614886401703292679/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2009/10/language-is-math-issue-for-years-i.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/6614886401703292679'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/6614886401703292679'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2009/10/language-is-math-issue-for-years-i.html' title=''/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-1540974056817122790</id><published>2009-10-18T22:30:00.000-04:00</published><updated>2009-10-19T00:48:01.595-04:00</updated><title type='text'></title><content type='html'>&lt;div align="center"&gt;Core Curriculum Math Glossary&lt;/div&gt;&lt;div align="center"&gt;&lt;/div&gt;&lt;div align="left"&gt;&lt;br /&gt;Non-standard terminology is often a feature of materials marketed as designed to make math more accessible to minorities and women, groups defined as having a different learning style than white males. If some children are learning “take-away” to define subtraction, they are not prepared to demonstrate their ability on a test that uses the term “minus”. This is one of the many reasons why we need to take a creative look at classrooms where no students make AYP (Annual Yearly Progress). In the face of wholesale failure, there is a greater likelihood that systemic changes for the better can be identified. &lt;/div&gt;&lt;div align="left"&gt; &lt;/div&gt;&lt;div align="left"&gt;New Jersey Core Curriculum Math Standards need to include a glossary that is linked to a mechanism for identifying non-standard terminology in educational materials that are mandated as well as educational materials that are locally selected. Publication of this glossary on the internet can involve parents and educators in the process of evaluating educational materials and making progress towards the day when all students will be taught the same terminology that is consistent with the language and definitions used in assessments.&lt;br /&gt;&lt;br /&gt;Language is taking on a greater role in math testing through reliance on word problems in math assessments. Math ability can be disguised by limitations in language skills. The large numbers of students with English language issues should suggest a role for a test, or portion of a test, that utilizes universally recognized symbols with as few words as possible.&lt;br /&gt;&lt;br /&gt;If the state does not have the resources to audit the content of educational programs being used, the process can be handled by an interactive website that allows parents, students, teachers and academics to report deviations in concepts and usage that can then be officially addressed. This enables people to be constructive parts of the solution while encouraging the evaluation of educational materials, instead of blind acceptance.&lt;/div&gt;&lt;div align="left"&gt; &lt;/div&gt;&lt;div align="left"&gt;Deborah Dowe&lt;/div&gt;&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-1540974056817122790?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/1540974056817122790/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2009/10/core-curriculum-math-glossary-new.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/1540974056817122790'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/1540974056817122790'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2009/10/core-curriculum-math-glossary-new.html' title=''/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-6442334063177596537</id><published>2009-01-26T15:36:00.000-05:00</published><updated>2011-04-05T00:41:06.928-04:00</updated><title type='text'>Nonprofit Mergers and Acquisitions</title><content type='html'>&lt;div align="center"&gt;The Muhlenberg Independents&lt;/div&gt;New Jersey hospital closings have exposed a mergers and acquisitions strategy, popularized by rogue nonprofits, who remove social services and endowments accumulated over decades, while robbing all levels of government of tax revenue, as they enrich themselves personally. Muhlenberg was started 131 years ago after a train accident, beginning a tradition of bequests and endowments long before government was expected to provide for charity care. Residents upheld a long tradition of leaving bequests and endowments they expected to compensate for charity care. The Muhlenberg Independents are researchers that believe the salvation of Muhlenberg lies in the protection of those assets that include an astonishing amount of real estate outside of Plainfield. Muhlenberg exposes a fatal flaw in the protection given to endowments, after the benefactor’s death. Wall Street tactics of mergers and acquisitions have spread and redefined the practices of a new generation of profiteers. Utilizing the barely scrutinized and rarely regulated structures of nonprofit corporations, the plundering of old richly endowed facilities, like Muhlenberg Hospital, is turning into a tragic loss of history and multiple generations of philanthropy. We must honor the sacrifice of people who made provisions to care for the poor and disenfranchised or return those assets to the appropriate heirs. The Muhlenberg Independents are in possession of a small mountain of financial documents that prove the violation of donor intent and the failure of the State of New Jersey to protect the substantial donated assets of old hospitals that the state is closing. Muhlenberg remains an asset even in its current state. It does not matter if the hospital has been gutted and the cost of keeping such an old building functional are high. The only thing that cannot be replaced is the land. The community deserves a fair price and an uncompromised sale with Solaris relinquishing all control over the assets of Muhlenberg. Solaris was voted control of Muhlenberg’s substantial assets without payment or promises to continue to serve the community. Is their refusal to participate in a good faith effort to find a buyer indicative of their alternative agenda or the legal lack of standing to sell a facility that they control, but do not own? Did Solaris even have the legal standing to apply for a certificate of need to close Muhlenberg?&lt;div class="blogger-post-footer"&gt;&lt;img width='1' height='1' src='https://blogger.googleusercontent.com/tracker/4031702826326160109-6442334063177596537?l=themuhlenbergindependents.blogspot.com' alt='' /&gt;&lt;/div&gt;</content><link rel='replies' type='application/atom+xml' href='http://themuhlenbergindependents.blogspot.com/feeds/6442334063177596537/comments/default' title='Post Comments'/><link rel='replies' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2009/01/muhlenberg-independents-new-jersey_26.html#comment-form' title='0 Comments'/><link rel='edit' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/6442334063177596537'/><link rel='self' type='application/atom+xml' href='http://www.blogger.com/feeds/4031702826326160109/posts/default/6442334063177596537'/><link rel='alternate' type='text/html' href='http://themuhlenbergindependents.blogspot.com/2009/01/muhlenberg-independents-new-jersey_26.html' title='Nonprofit Mergers and Acquisitions'/><author><name>Deborah Dowe</name><uri>http://www.blogger.com/profile/12795372134518980756</uri><email>noreply@blogger.com</email><gd:image rel='http://schemas.google.com/g/2005#thumbnail' width='16' height='16' src='http://img2.blogblog.com/img/b16-rounded.gif'/></author><thr:total>0</thr:total></entry><entry><id>tag:blogger.com,1999:blog-4031702826326160109.post-8327947852927317344</id><published>2009-01-16T05:49:00.000-05:00</published><updated>2009-01-16T06:04:53.964-05:00</updated><title type='text'>Hospital Closing Oversight Demonstrated</title><content type='html'>&lt;div align="center"&gt;NEW HAMPSHIRE ATTORNEY GENERAL'S REPORT &lt;/div&gt;&lt;div align="center"&gt;ON OPTIMA HEALTH &lt;/div&gt;&lt;div align="center"&gt;MARCH 10, 1998 &lt;/div&gt;&lt;div align="left"&gt; &lt;/div&gt;&lt;div align="left"&gt; &lt;/div&gt;&lt;div align="left"&gt;&lt;a href="http://doj.nh.gov/publications/#es"&gt;EXCUTIVE SUMMARY&lt;/a&gt; &lt;a href="http://doj.nh.gov/publications/#1"&gt;I. INTRODUCTION&lt;/a&gt; &lt;a href="http://doj.nh.gov/publications/#2"&gt;II. DESCRIPTION OF THE REVIEW&lt;/a&gt; &lt;a href="http://doj.nh.gov/publications/#3"&gt;III. LEGAL PRINCIPLES GOVERNING CHARITABLE TRUSTS&lt;/a&gt; &lt;a href="http://doj.nh.gov/publications/#4"&gt;IV. HISTORY AND CHRONOLOGY&lt;/a&gt; &lt;a href="http://doj.nh.gov/publications/#5"&gt;V. LEGAL ANALYSIS AND FACTUAL FINDINGS&lt;/a&gt; &lt;a href="http://doj.nh.gov/publications/#6"&gt;VI. CONCLUSION&lt;/a&gt;&lt;br /&gt;EXECUTIVE SUMMARY&lt;br /&gt;This report is occasioned by profound concern within the Manchester community involving the conduct and ultimate fate of the City's two community hospitals -- Elliot Hospital ("Elliot") and the Catholic Medical Center ("CMC") -- under the control and stewardship of Optima Health, Inc., and Optima Healthcare ("Optima"). The report is issued pursuant to the common law and statutory authority of the New Hampshire Attorney General as the Director of Charitable Trusts to oversee New Hampshire charitable institutions and to preserve and protect New Hampshire charitable assets.&lt;br /&gt;The Attorney General has intervened in this matter to review and address four central issues. First, we have examined the legality and practical effect, under New Hampshire charitable law, of Optima's decision to consolidate all acute care services previously performed at Elliot Hospital and CMC at the Elliot campus, effectively terminating the century-old charitable mission of CMC and its predecessors to serve as an acute care Catholic hospital within the City of Manchester.&lt;br /&gt;Second, we have examined the legal and practical effect of the merger of a religious and a secular hospital into a single health care system. In particular, this review has focused on Optima's recent attempts to clarify the application of Catholic ethical requirements to the provision of services at facilities within the Optima system, a process which has engendered significant controversy within the medical establishment and the Manchester community.&lt;br /&gt;Third, we have reviewed Optima's decision-making process, particularly with respect to its decision to consolidate at a single acute care facility and its decision to reorganize governance of the organization.&lt;br /&gt;Fourth, we compared Optima's recent conduct to its commitments at the time of the 1994 merger, that it would publicly account for savings resulting from the merger, that it would return those savings to the local community, and that local control of the community's hospitals would be preserved.&lt;br /&gt;Both CMC and Elliot are nonprofit charitable institutions and are bound by a social contract to the local community. Through their trustees and management, Elliot and CMC have a fiduciary duty to preserve and to protect their charitable assets and to ensure that those assets are used for purposes consistent with the fundamental charitable missions of the respective institutions.&lt;br /&gt;The traditional reference point for the behavior of charitable trusts was articulated by New York's Judge Cardozo in 1929:&lt;br /&gt;Many forms of conduct permissible in a workaday world for those acting at arm's length, are forbidden by those bound by fiduciary ties. A trustee is held to something stricter than the morals of the market place. Not honesty alone, but the punctilio of honor the most sensitive, is then the standard of behavior. As to this there has developed a tradition that is unbending and inveterate. Uncompromising rigidity has been the attitude of the courts of equity when petitioned to undermine the rule of undivided loyalty.(1)&lt;br /&gt;Judge Cardozo was speaking of the duties of a trustee in a commercial context, but his analysis has been applied to the management of a charitable corporation. The heightened duty of loyalty to the beneficiary community requires that the managers of charitable trusts be judged by a stricter standard of duty and care than the managers of ordinary for-profit corporations, who are accountable to the company's shareholders, not to the community as a whole.&lt;br /&gt;More broadly, as public charities, both hospitals -- and any organization which purports to control them -- owe their served communities important duties of candor and inclusion. Stated simply, this means that a public charity must deal with its community honestly and is required to fully and completely disclose facts relevant to its charitable mission. A charitable institution may not properly exclude the community, or the Director of Charitable Trusts, either by design or inadvertence, from having a voice in fundamental decisions affecting the continuing capacity of the institution to fulfill its historic charitable mission.&lt;br /&gt;Optima has received significant benefits from the Manchester community, including exemption from property taxes. As a not-for-profit corporation, it also has access to low-interest bond financing, and the ability to accept tax deductible charitable donations for activities in furtherance of its mission. In a letter to the Attorney General's Office discussing the future of Elliot Hospital and CMC after the proposed merger of their supporting organizations into a joint institution under the name of Optima Health, Inc., Elliot's counsel described the two hospitals as a "public servant to the community." As a public servant, Optima's actions must be judged by how they benefit the community that founded and continues to support it. Optima's mission must reflect the values of the community it serves.&lt;br /&gt;It is the role and duty of the Attorney General and the Probate Court to enforce the fundamental duties of charitable institutions. This role is ordinarily carried out through the actions of cy pres, deviation or quo warranto, each of which involves a petition to the Probate Court to secure that Court's approval of changes in, or the termination of, a charitable trust's fundamental mission.&lt;br /&gt;As a result of this review, the Attorney General makes the following findings:&lt;br /&gt;* After the 1994 merger of the supporting organizations, Optima failed to provide notice to the Director of Charitable Trusts and/or to seek the approval of the Probate Court under the doctrines of cy pres or deviation for the following fundamental changes to the charitable missions of the respective community hospitals:&lt;br /&gt;* The effective termination of CMC's historical charitable mission as an acute care religious hospital by the removal of all acute care services from CMC and the conversion of CMC to a psychiatric and rehabilitation facility.&lt;br /&gt;* The effective termination of CMC and Elliot as community-based hospitals by the consolidation of all acute care services at a new integrated acute care facility controlled by Optima and Optima Healthcare.&lt;br /&gt;* The effective termination of CMC and Elliot as distinct community-based hospitals by the evisceration of their independent boards of trustees and the substitution in their place of mirror boards controlled by Optima and Optima Healthcare.&lt;br /&gt;* The restructuring of internal governance within Optima in a manner which effectively transferred governance from a local community-based entity to a regional organization.&lt;br /&gt;* The record presented to our office does not demonstrate that the actions addressed in this report would merit approval by the Probate Court under the doctrine of cy pres. Under cy pres, a party seeking to radically alter or terminate the mission of a charitable trust must show (i) that it is impossible, impracticable, illegal, obsolete or ineffective, or prejudicial to the public interest to continue the mission of the charity; and (ii) that the successor organization or alternative use toward which the assets of the charity will be directed fulfills as nearly as practicable the mission of the original charitable trust.(2) Measured by these standards:&lt;br /&gt;* Optima has not established that it is impossible or impracticable to continue providing acute care services at CMC. In fact, Optima performed no post-merger financial analysis to support its decision to consolidate all acute care services at the Elliot campus. The pre-merger financial analyses relied on by Optima as justification for the proposed consolidation do not support Optima's position that consolidation at a single acute care site is necessary to achieve the $150 million in savings projected at the time of the merger.&lt;br /&gt;* Optima has not demonstrated that it is necessary, or consistent with the distinct charitable missions of the hospitals, to cede all or virtually all of the hospitals' and/or Optima's corporate powers to Optima Healthcare, a regional joint operating company.&lt;br /&gt;* Optima has not defined the fundamental mission and attributes of the regional health care system into which it seeks to merge both CMC and Elliot. This failure is most clearly demonstrated by Optima's unsuccessful attempt to delineate the application of Catholic moral doctrine to the provision of health care services in its integrated hospital system -- either in terms of continuing CMC's traditional commitment to the indigent or concerning any restraints dictated by Catholic moral doctrine on health care services outside CMC.&lt;br /&gt;* Optima has not fulfilled its duty of candor to the community and its duty of inclusion of the Director of Charitable Trusts and the community. This failure has occurred in the following ways:&lt;br /&gt;* Optima failed to include the community in its decision-making process regarding its plan to consolidate all acute care services within both hospitals at a single campus. This plan existed as an option prior to the 1994 supporting organizations merger and was proposed, without additional post-merger financial analysis, within months of the consummation of the merger.&lt;br /&gt;* Optima officials have maintained in public comments that consolidation of acute care services at a single site was not actively considered prior to the merger, and was only adopted after compelling post-merger analysis. The Ernst &amp;amp; Young pre-merger study evaluated consolidation at a single site as an option. Optima did not conduct any additional post-merger financial analysis of this option before submitting its Certificate of Need application to the New Hampshire Health Services Planning and Review Board seeking approval to consolidate all acute care at a single site.&lt;br /&gt;* Optima adopted a corporate structure which stripped both Elliot and CMC of independent corporate authority by transferring that authority to itself, and subsequently ceding it to Optima Healthcare, a regional joint operating company. This action constitutes a repudiation of prior statements and promises by Optima representatives that, after the 1994 supporting organizations merger, the hospitals would remain as vital, locally controlled institutions.&lt;br /&gt;* Optima did not fully inform the community of the impact of the joint operating agreement on corporate governance and control of the hospitals. Optima currently maintains that, notwithstanding the effect of its corporate structure on the charitable missions of the respective hospitals, the specifics of this corporate structure and organization remain a confidential business matter.&lt;br /&gt;* Prior to the 1994 supporting organizations merger, the management of Elliot Hospital failed to disclose to the public, to the Diocese of Manchester and to the trustees of each institution readily available facts which demonstrated that Elliot's practices with respect to termination of pregnancy were not consistent with Catholic moral doctrine. As a result, the merger went forward on the assumption that Elliot and CMC had identical practices and policies regarding abortion. This was not, and had never been, the case.&lt;br /&gt;* Optima's application of Catholic moral doctrine to hospital operations through a recently announced policy is unfocused, incomplete and confusing. While the policy purports to address terminations of pregnancy, it does not specify affected procedures, and does not address sensitive issues concerning the scope of the policy with respect to victims of rape or persons suffering from extrauterine pregnancies. The policy also leaves unaddressed the fundamental issue of whether Catholic moral and ethical doctrines will be applied, directly or by implication, to other health care services traditionally available at Elliot Hospital. These include, at a minimum, family planning counseling and elective sterilization procedures.&lt;br /&gt;* Optima failed to include the community in a candid discussion of the clinical and ethical implications of the merger of a traditionally religious institution with a secular institution, the practices of which are in many cases not consistent with Catholic doctrine. This has led to the formation -- without any public examination -- of a successor entity whose attributes are defined on an ad hoc basis, without consideration of the fundamental and distinct charitable missions of either hospital.&lt;br /&gt;* Optima represented that it would establish a public accountability system to document the success of the merger and then failed to do so. Optima has maintained that information required to measure its success is a confidential business matter.&lt;br /&gt;* Significant legal questions exist relative to the corporate documentation and procedures used to effect the 1994 merger of Elliot Health Systems and Fidelity Health Alliance, supporting organizations for the two hospitals. The questions are so fundamental as to call into issue whether the 1994 supporting organizations merger effectively vested Optima Health, Inc. (or its current "parent" Optima Healthcare, Inc.) with ownership of, or authority over, the assets and internal governance of the hospitals.&lt;br /&gt;* Actions taken by Optima which have affected the fundamental charitable missions of the hospitals, including in particular the change in corporate governance and the decision to terminate acute care services at CMC, may be ultra vires and without legal effect.&lt;br /&gt;Optima is and continues to be an institution which provides a broad range of quality health services to the citizens of Manchester and surrounding communities. However, this is not the sole standard by which a charitable health care institution must be measured.&lt;br /&gt;Optima appears to have developed a corporate culture, led by management and acquiesced in by its trustees, which assumes that the delivery of health care is best left exclusively to the sole judgment of management. The fundamental error in this assumption is amply demonstrated by the broad loss of faith within the Manchester community in Optima and its constituent institutions.&lt;br /&gt;This situation is not sustainable. Optima's decision to consolidate acute care services at Elliot Hospital and its decision to effectively terminate local community governance through regionalization must be reviewed in and by the public -- including the Probate Court -- which is by law vested with jurisdiction to review such actions.&lt;br /&gt;I. INTRODUCTION&lt;br /&gt;In 1994, Fidelity Health Alliance ("Fidelity") and Elliot Health Systems ("Elliot Health"), supporting organizations that provided administrative and operational assistance respectively to Catholic Medical Center and Elliot Hospital, merged into Optima Health, Inc. ("Optima"). At the time of the merger, Optima stated that the consolidation of these two supporting organizations would improve the cost effectiveness of health care in the Manchester community by eliminating duplication in services and costs.&lt;br /&gt;Sylvio Dupuis, CEO and President of Catholic Medical Center, and Scott Goodspeed, CEO and President of Elliot Hospital, assured the Manchester community that the two acute care hospitals would continue to operate after the merger. So confident was Optima that the merger of the two supporting institutions, in conjunction with the operation of the two acute care hospitals, would produce cost savings for the community, that it pledged as a "public servant to the community" to institute through the two hospitals "an annual public written reporting responsibility comparing the hospitals' efforts with other comparable institutions across a wide variety of indicators, national benchmarks, and standards." Optima would measure its success by "cost efficiency, quality indicators, patient satisfaction, and outcome measures as well as broad indicators of the health status of the communities."(3)&lt;br /&gt;In the four years since the merger, Optima has instituted radical changes in Manchester's health care delivery system. In so doing, it stripped CMC and Elliot of their separate corporate identities, eliminated the community-based governance structure of these charities, changed the essential core mission of CMC, and transferred control over these hospitals to a regional conglomerate, Optima Healthcare, Inc. ("Optima Healthcare").&lt;br /&gt;The actions taken by Optima following the 1994 merger of the supporting organizations reflect its belief that the merger conferred unbridled authority upon it to institute whatever organizational changes it believed would produce the anticipated or projected cost savings. Notwithstanding its public statements to the contrary,(4) immediately after the 1994 merger, Optima submitted change of ownership forms to the Department of Health and Human Services in which CMC and Elliot were designated "dba's" for Optima Health. Optima referred to CMC and Elliot as "Optima East Campus" and "Optima West Campus."(5) Optima claims that its treatment of CMC and Elliot as a single combined hospital is justified because it could not achieve the cost efficiencies and quality improvements promised at the time of the merger without consolidating the two hospitals into one. Peter Davis, the interim CEO of Optima, put it this way, "We needed to squeeze the fat out of the system."&lt;br /&gt;Economic efficacy is not dispositive of the question of legality. Proof of convenience, or even a good faith belief in economic "efficiencies," does not resolve the legal question of Optima's authority to merge two charities. That Optima management may have had a good faith belief in the economic wisdom of its decisions is not dispositive of the question of whether the merger of Fidelity and Elliot Health in 1994 authorized Optima to assume ownership and control of CMC and Elliot Hospital, and whether the changes in the mission and governance of CMC and Elliot were so significant as to require notice to the Director of Charitable Trusts and approval by the Probate Court.&lt;br /&gt;As a matter of corporate law, we conclude that significant questions exist as to whether the merger of the supporting organizations, Fidelity and Elliot Health, transferred ownership or control of the hospitals to Optima. We find that the aggregate of actions taken by Optima so significantly changed the missions and governance of CMC and Elliot as to require notice to the Director of Charitable Trusts and the Probate Court. New Hampshire law does not allow two distinct charitable trusts to be effectively terminated by combining them into a third secular organization with mixed religious attributes without (i) proof of impossibility, illegality, or impracticability; (ii) a clear showing that the merged organization has or will have a charitable mission that fulfills as nearly as possible the charitable missions of the hospitals; and (iii) appropriate -- and public -- legal process.&lt;br /&gt;Finally, we conclude that, notwithstanding its promise at the time of the 1994 supporting organizations merger, Optima has failed to establish a system of public accountability by which to measure the success of the merger in producing the projected cost savings and has failed to produce evidence that the Manchester community has benefited through Optima's return of the cost savings to the community.&lt;br /&gt;II. DESCRIPTION OF THE REVIEW&lt;br /&gt;In preparing this report, we have reviewed extensive documentation submitted at our request by Optima or derived from public sources and have taken statements and sworn testimony from a wide variety of individuals associated with or opposed to Optima.(6) Documents reviewed include corporate records establishing the history, corporate organization and charitable missions of Optima Healthcare, Optima Health, Inc., Elliot Hospital, CMC and its predecessor institutions. We examined records of submissions by Optima to regulatory bodies charged with oversight of various activities, including the Federal Trade Commission, the United States Department of Justice, the Health Services Planning and Review Board, the Internal Revenue Service and the Consumer Protection and Antitrust Bureau and Charitable Trusts Unit of this office.(7) We reviewed testimony and affidavits submitted in recent litigation involving Optima, and examined press reports regarding public statements made by Optima and hospital officials with respect to the matters addressed in this report.&lt;br /&gt;We have also taken statements and testimony from 17 individuals. These included senior management of the hospitals at the time of the 1994 merger, present and former senior management of Optima, Inc. and Optima Healthcare, members of the Board of Trustees of Optima and its constituent institutions, Optima staff physicians, a representative of the Diocese of Manchester, a Canon Law consultant involved in the 1994 merger discussions, members of the Save CMC Coalition, and the Coalition For Live Free or Die Healthcare in Greater Manchester.&lt;br /&gt;In addition, we retained financial consultants from the firm of Arthur Andersen &amp;amp; Company to assist us in evaluating Optima's financial structure, the savings projected to result from the 1994 merger and the community accountability system consisting of "report cards" and other records developed to demonstrate realization of such savings.&lt;br /&gt;III. LEGAL PRINCIPLES GOVERNING CHARITABLE TRUSTS&lt;br /&gt;A. What Is A Charitable Trust? New Hampshire's definition of the term "charitable trust" is very broad, including virtually all nonprofit and charitable organizations that operate or hold property within the state.(8) Traditionally, a trust is defined as a fiduciary relationship in which one person or entity manages property for the benefit of another person or entity, known as the beneficiary. Generally speaking, a charitable trust is a trust intended to benefit the community at large, or some specified portion of the community. A charitable trust creates a social contract between the charity and the public beneficiaries. Under New Hampshire law, a charity is not required to be organized as a trust. Many charitable trusts are organized as voluntary or nonprofit corporations.(9) Thus, the term "charitable trust" applies to any organization or entity which holds property for charitable, nonprofit, educational or community purposes. The social benefits that a charitable corporation is expected to provide to the community are defined by its articles of agreement. Although a charitable corporation may not be governed as a trust in every respect, courts have held that the assets of a charitable corporation are impressed with a charitable trust that restricts the use of the assets to the defined purposes of the corporation.(10) While there is some diversity in approach among the cases with regard to the application of trust principles to the assets of charitable corporations, ordinarily the rules that apply to charitable trusts also apply to charitable corporations.(11)&lt;br /&gt;B. Who Owns The Assets Of A Charitable Trust? As with any trust, the assets of a charitable trust must be managed for the benefit of the trust's intended beneficiaries. Charitable trusts, as nonprofit corporations, are generally subject to the "nondistribution constraint." The nondistribution constraint precludes nonprofit corporations from distributing "profits" to their owners, and also precludes the distribution of the assets to the member upon dissolution. "Profits" of a charitable corporation must be applied in strict conformity with the stated charitable objects and purposes.(12) Membership in a charitable corporation does not confer on the member the right to realize economic gain from the operations of the corporation, the right to transfer the membership for value, or the right to dissolve or terminate the corporation and receive the assets upon dissolution.(13)&lt;br /&gt;C. What Benefits Do Charitable Trusts Receive? Most charitable trusts are exempt from local, state and federal taxation. In New Hampshire, the principal tax benefit to a charitable trust is exemption from local property taxation. Annually, Optima and Optima Healthcare receive over $4.5 million in exemptions from local property valuation.(14) To the extent the operations of a charity would otherwise result in assessment of state business enterprise taxes, charitable trusts are exempt from state taxation. In addition, New Hampshire charities may, under certain circumstances, qualify for low-interest bond financing programs offered by the state and may receive and retain tax-deductible gifts and contributions.&lt;br /&gt;D. What Legal Mechanisms Regulate Charitable Trusts And Protect The Public? The Attorney General and the Probate Court have authority to protect the public interest by insuring that charitable trusts conform their acts to their Articles of agreement. The Attorney General's Office, through its Office of Charitable Trusts, is charged with the duty, power and responsibility to supervise, administer and enforce charitable trusts.(15) By statute and under the common law, the Attorney General has standing to bring a judicial proceeding to enforce a charitable trust or to supervise the actions taken by a charitable trust.(16) In general, these proceedings take place in Probate Court, through cy pres, deviation, or quo warranto.&lt;br /&gt;1. Cy Pres&lt;br /&gt;Cy pres is a traditional equitable power exercised by the Probate Court. When property is given in trust for a charitable purpose, and the specified purpose of the trust has become impossible, impracticable or illegal, cy pres allows the property to be applied to another charitable purpose as similar as possible to the purpose of the trust.(17) A charitable trust may be terminated only if the continuance of the trust is impracticable or infeasible, and only with approval from the Probate Court.(18) The purpose of a cy pres proceeding is to allow the Probate Court to determine what the original purpose of the charitable trust is, whether that purpose has become impracticable or infeasible, and if so, what other purpose would be the most closely comparable. The Attorney General is authorized by statute to petition for cy pres.(19)&lt;br /&gt;It is well established that the doctrine of cy pres applies to charitable hospitals, without regard to their form of organization. Cy pres has been applied to prevent an acute care hospital from changing its essential purpose or core mission. In a California case, the Queen of Angels Hospital sought court review of a proposal to lease its main hospital facility, with the exception of the outpatient clinic, and apply the proceeds to establish and operate additional medical clinics in Los Angeles for the needy.(20) After reviewing the hospital's governing documents, the court concluded that the proposal would be inconsistent with the organization's central purpose of maintaining and operating a hospital.(21) The court held that the hospital could not, "consistent with the trust imposed upon it, abandon the operation of the hospital business in favor of clinics" and was bound to its primary purpose of operating a hospital using the assets under its control.(22) As the court explained, "the issue is not whether the new and different purpose is equal to or better than the original purpose, but whether that purpose is authorized by the articles [of incorporation].(23)&lt;br /&gt;In Connecticut, the Attorney General intervened in a situation involving an acute care hospital facility abandoning its historic core mission as an acute-care hospital to become an ambulatory care facility with an emergency room. There, the Hospital trustees voted to close in-patient care and lay off related medical support staff. The Connecticut Attorney General's Office contended that such a fundamental transformation required cy pres action, and the court agreed.(24)&lt;br /&gt;2. Deviation&lt;br /&gt;RSA 547:3-d requires that a charitable trust seek approval from the Probate Court before property is applied to a different charitable purpose. Under the doctrine of deviation, the Court may alter the administration of a trust, if it appears that strict compliance with the terms of the trust "is impossible or illegal, or that owing to circumstances not known to the settlor and not anticipated by him, compliance would defeat or substantially impair the accomplishment of the purposes of the trust.(25) Chief Justice Brock of the New Hampshire Supreme Court has described the doctrine as follows:&lt;br /&gt;Where the dominant objective of a trust remains capable of fulfillment, but its method of accomplishment has been stalled due to a hitch in the administrative machinery, the doctrine of deviation permits a reworking or repair of the administrative mechanism so that the trust purposes may be accomplished effectively. The doctrine of deviation permits changes in the management of all trusts, and in the case of charitable trusts, may be employed to substitute trustees as well as to alter trust conditions.(26)&lt;br /&gt;3. Quo Warranto&lt;br /&gt;The common law writ of quo warranto applies generally to prevent an entity from unlawfully usurping, abusing or misusing corporate powers, and has been used successfully in other states to prevent nonprofit hospitals from merging with for profit entities. The Director of Charitable Trusts may, in addition to other statutory actions, such as declaratory judgment, cy pres and deviation, bring a writ of quo warranto to challenge the lawfulness of a business practice. The New Hampshire Supreme Court has recognized the continued existence of the writ of quo warranto to protect the interests of the public.(27) A writ of quo warranto may also be used to challenge the authority of a corporation to act without proper regulatory and legal approvals.&lt;br /&gt;IV. HISTORY AND CHRONOLOGY&lt;br /&gt;A. Elliot Hospital And Catholic Medical Center&lt;br /&gt;For more than a century, Elliot Hospital, Catholic Medical Center, and its predecessors, Notre Dame Hospital and Sacred Heart Hospital, have ministered to the health care needs of Manchester's various and varying populations as public charitable institutions. In accordance with a grant in the will of Mary Elizabeth Elliot, Elliot Hospital was established in 1881 by a special act of the New Hampshire Legislature.(28) The legislature chartered Elliot Hospital as a "public charity" and tied that charitable status to an exemption from property taxes.(29) In subsequent amendments to the charter of the hospital, successive generations of New Hampshire legislators have reaffirmed the hospital's "public charity" status and tax exemption.(30) While Elliot Hospital has historically had close ties with a number of Protestant denominations, including mandatory representation by certain churches on its board of trustees, the hospital has always been a secular organization.&lt;br /&gt;Catholic Medical Center was established in 1974 as a 501(c)(3) not-for-profit corporation, intended to continue the missions of two predecessor Catholic acute care hospitals, Sacred Heart Hospital and Notre Dame Hospital. These hospitals had served the Catholic and immigrant populations of Manchester and surrounding communities for nearly a century. In its Articles of Agreement, CMC established as its first and primary purpose the establishment and operation of "a hospital in the City of Manchester, State of New Hampshire, without pecuniary gain and without distinction as to race, color, creed, sex or ability to pay." (31) In keeping with its charitable purpose and the nondistribution constraint, CMC's Articles of Agreement provide that [n]o part or portion of the assets or earnings of this Corporation shall ever be distributed to or divided among any individuals, including any member, officer, director, trustee, or other organizer of this corporation .(32)&lt;br /&gt;Under its Articles of Agreement, another aspect of CMC's essential mission is [t]o maintain its identity as a Catholic Hospital.(33) Although Catholic Medical Center has never been under the direct sponsorship of the Diocese of Manchester, its Articles of Agreement expressly identify it as an "official agency of the Roman Catholic Church." Such status, the articles continue: is indicated ... philosophically by the guiding tenets under which it operates: namely, the teachings of the Roman Catholic Church. These tenets are expressed in specific regulations of the Holy See, and the teachings of the Bishops of the United States of America, more precisely in the latter instance, in the ETHICAL AND RELIGIOUS DIRECTIVES OF THE CATHOLIC HEALTH FACILITIES as promulgated by the National Conference of Catholic Bishops.(34) Consistent with its essential Catholic mission, CMC has committed itself to a specific set of religious tenets by incorporating these theological directives into its Articles of Agreement.(35)&lt;br /&gt;B. The 1994 Merger Of Elliot Health Systems And Fidelity Health Alliance&lt;br /&gt;In late 1992, following a period of bitter competition between the two hospitals, management began to discuss the possibility of a merger between Elliot Health Systems and Fidelity Health Alliance, the supporting organizations for Elliot Hospital and CMC. In the spring of 1993, the supporting organizations retained the accounting firm Ernst &amp;amp; Young to perform a theoretical study of the savings that might be achieved through different levels of consolidation and integration. At the same time, the two companies undertook an internal "feasibility study" with respect to a possible merger.(36) On June 25, 1993, the supporting organizations signed a memorandum of understanding outlining the steps they would take to consummate the merger. On February 24, 1994, after receiving federal and state anti-trust approvals, Elliot Health Systems and Fidelity Health Alliance merged to form a new supporting organization, Optima Health, Inc.(37)&lt;br /&gt;The express purpose of the merger was to continue the charitable purposes of the two hospitals and related institutions.(38) Prior to the merger, representatives of Elliot Hospital and CMC were quoted in the Manchester Union Leader and other media outlets as anticipating approximately $150 million in projected savings from an operating plan in which the two hospitals would maintain separate identities, with some unspecified level of consolidated services. Such savings, it was stated, would permit both hospitals to maintain their viability as community-based, locally-governed health care institutions committed to serving the Manchester community in an era of increasing competition and change in health care.&lt;br /&gt;Optima actively sought, and widely received, the support of Manchester's and New Hampshire's business and political communities for the merger.(39) In September 1993, Philip Ryan, CEO and President of Elliot Health Systems and Robert Cholette, CEO and President of Fidelity Health Alliance, appeared before the Manchester Mayor and the Board of Aldermen to explain the rationale and possible long-term consequences of the proposed merger, explicitly citing the savings goal of $150 million in the context of a limited consolidation of services.(40) Hospital presidents Scott Goodspeed and Sylvio Dupuis were quoted in Union Leader articles as stating that Elliot Hospital and CMC would remain independently viable -- and locally managed -- centers of excellence into the foreseeable future after the proposed merger.(41)&lt;br /&gt;In their communications with the public, the proponents of the merger stressed their continued commitment to remain accountable to the community. In a 1993 letter to the Attorney General's Office regarding the proposed merger, Elliot Hospital's counsel acknowledged and promised that the two hospitals were and would continue to be a "public servant to the community.(42) Before the Mayor and Aldermen, CEOs Ryan and Cholette committed to instituting an ongoing mechanism to ensure public input and accountability following the merger.(43)&lt;br /&gt;C. Key Post-Merger Decision Points&lt;br /&gt;Beginning immediately after the 1994 merger of Fidelity and Elliot Health, the management of Optima Health, Inc. embarked on a series of decisions which run counter to Optima's commitment to the Manchester community to continue to operate two community-based acute care hospitals, and to involve the local community in the governance and management of Elliot Hospital and CMC. Optima's decisions, and the processes by which they were made, are the primary focus of this report. The decision points are listed in chronological order.&lt;br /&gt;1. Decision To Exercise Complete Control Over CMC And Elliot&lt;br /&gt;Legally, the merger joined the two supporting organizations, Fidelity Health Alliance and Elliot Health Systems. The hospitals existed separately, with their own independent governance structure as specified in the Articles of Agreement on file with the Secretary of State. Nevertheless, in the merger agreement Optima expressed its intention to exert complete control over the hospitals, which it viewed as its "subsidiaries." The merger agreement provided that [t]he By-Laws of OPTIMA and all of its subsidiaries ¼ shall provide that the OPTIMA Board of Trustees shall appoint two-thirds (2/3's) of the Trustees of each subsidiary's Board of Trustees and the OPTIMA Board of Trustees shall be solely authorized to amend the By-Laws of each subsidiary of OPTIMA.(44) Immediately after the merger, Optima implemented these provisions by altering the bylaws of CMC and Elliot Hospital.&lt;br /&gt;2. Decision To Move To A Single Acute Care Site&lt;br /&gt;Within months of the merger and without post-merger financial analysis, Optima decided to consolidate all acute care services delivered by both hospitals at the Elliot campus, reducing CMC to a rehabilitative and psychiatric unit within a larger hospital organization. In conjunction with the acute care consolidation, Optima applied in April of 1995 to the state Health Services Planning and Review Board for a Certificate of Need ("CON") authorizing Optima to institute a construction program on the Elliot campus costing more than $35 million. On September 26, 1996, the CON application was granted. The New Hampshire Supreme Court declined to hear an appeal taken by opponents of the consolidation.&lt;br /&gt;3. Decision To Restructure Optima, Elliot And CMC's Governing Boards&lt;br /&gt;Following a board retreat in the summer of 1995, Optima hired Cambridge Associates, Inc., to oversee a restructuring of the governing bodies of Optima and its affiliated organizations. Pursuant to the consultant's recommendations, in November of 1995 Optima voted to reduce the membership of its board from thirty-six to sixteen trustees, and to eliminate the requirement that seventy percent of board members come from the community. At the same time, Optima instituted a structure of "mirror boards" for its subsidiaries, meaning that Elliot Hospital and CMC would now be governed by identical boards, with essentially all decision-making authority delegated to the Optima board.&lt;br /&gt;4. Decision To Establish A Single Acute Care Hospital As A Successor To CMC And Elliot&lt;br /&gt;Optima's decisions to reorganize the governance of the hospitals and to consolidate their acute care services at a single site are properly characterized as a decision to establish a single acute care facility as a successor to CMC and Elliot. Necessarily, the integration of secular and religious health care institutions raises difficult issues concerning the applicability of religious doctrine within the consolidated institution.&lt;br /&gt;Although Optima itself is a secular entity, its Articles of Agreement include an express requirement to maintain CMC's identity as a Catholic institution, subject to the Ethical Directives.(45) The merger agreement attempts to reconcile this conflict between the secular and religious elements in its expression of "shared values" which describes certain generally stated principles which "shall continue to be principles upon which OPTIMA, Elliot Hospital and Catholic Medical Center shall conduct their affairs.(46)&lt;br /&gt;In practice, however, the "shared values" which supposedly unify Optima, Elliot and CMC have not been fully defined in the years following the 1994 supporting organizations merger. This is a critical failure. Under cy pres, the Probate Court must determine that a successor organization or alternative use toward which the assets of a charity will be applied fulfills as nearly as practicable the mission of the original trust. Essentially, through cy pres, the Probate Court enforces the social contract that binds the charitable trust to the community.&lt;br /&gt;Optima's post-merger conduct has been marked by confusion in governance and policies. This confusion is reflected in interviews of Optima management, and raises serious questions as to whether any judgment can be made that the mission and identity of the successor hospital fulfills as nearly as practicable those of CMC and Elliot.&lt;br /&gt;This confusion over religious doctrine and over the missions and identities of the two community-based hospitals is most evident in the debate over abortion and the apparent disagreements among Optima's management about the applicability of the Ethical Directives at the single acute care facility. The merger of the supporting organizations was based in part on specific representations made by Elliot Health Systems management to the management of Fidelity Health Alliance, to physicians at both institutions, to the public, to trustees of both institutions and to representatives of the Diocese of Manchester, that termination of pregnancy policies at Elliot Hospital were consistent with practices at CMC. Disclosure in 1996 that certain abortion procedures, banned under Catholic doctrine, had historically been performed at Elliot Hospital led to the promulgation by the Elliot Hospital Board of Trustees of a policy that purports to ban all terminations of pregnancies which are not consistent with Catholic moral doctrine at any Optima Hospital. Adoption of this policy has caused widespread protest among affected physicians, and has resulted in a resolution adopted by 160 members of Optima's combined hospital staffs requesting reconsideration of the announced policy.(47) Due to Optima's original failure to articulate specifically the policies, attributes, and governance of the successor integrated hospital to CMC and Elliot, it is likely that similar issues will continue to arise.&lt;br /&gt;5. Decision To Affiliate With Covenant Health Systems, Creating Optima Healthcare&lt;br /&gt;In January 1997, Optima entered into a Joint Operating Agreement ("JOA") with Covenant Health Systems, a Catholic health service organization which operates Saint Joseph's Hospital in Nashua and other facilities outside New Hampshire. Under the JOA a newly created nonprofit corporation, Optima Healthcare, Inc. ("Optima Healthcare"), manages and operates all services provided by its "Network Members".(48) In contrast with Optima's Articles of Agreement, Optima Healthcare's corporate documents focus extensively on St. Joseph's Hospital as a Catholic institution.(49) Although CMC is identified as a Catholic institution, it falls under the secular "Optima" category within the Optima Healthcare organization.&lt;br /&gt;The organizational structure created by the JOA gives Optima Healthcare the power to develop and implement strategic plans for the Network, develop and approve operating and capital budgets for the Network, select other Network Members, select management and personnel, develop mission statements, and negotiate payor contracts.(50) The Network Members retain authority to implement programs approved by Optima Healthcare, to conduct credentialing for their medical staff, and to approve the expenditure of their restricted funds. Optima and Covenant are empowered to elect and remove the governing boards of the Network Members, and to take any and all actions that they deem appropriate to discontinue or change the actions or operations of the Network Members, provided that the changes do not violate the religious requirements applicable to the Network Members, or the will of Mary Elliot.&lt;br /&gt;Under the JOA, the boards of trustees of Optima, and indirectly Elliot and CMC, have been stripped of most independent authority. Executive management of the hospitals has been removed from the hospitals to Optima Healthcare, and hospital financial matters are now being addressed at the joint operating level rather than within the hospitals.&lt;br /&gt;V. LEGAL ANALYSIS AND FACTUAL FINDINGS&lt;br /&gt;The Attorney General has intervened in this matter to review and address the legality and practical effect, under New Hampshire charitable law, of Optima's decision to consolidate all acute care services previously performed at Elliot Hospital and CMC at the Elliot campus and to create a single integrated facility, effectively terminating the century-old charitable mission of CMC and its predecessors to serve as an acute care Catholic hospital within the City of Manchester. In our review, we also have examined the legal and practical effect of the merger of a secular and a non-secular institution into a single health care system.&lt;br /&gt;A. The 1994 Merger Of Fidelity Health Alliance And Elliot Health Systems May Not Have Transferred To Optima Health, Inc. Ownership Of Elliot and CMC&lt;br /&gt;As an initial matter, this office reviewed the structure and legality of the 1994 merger of Fidelity Health Alliance and Elliot Health Systems into Optima Health, Inc. In conducting this review, we examined all corporate and legal documents provided by Optima, all documents on file with the New Hampshire Secretary of State, and all documents filed with the Office of Charitable Trusts. Based upon our review of the corporate documents and records, a serious question exists as to whether the 1994 supporting organizations merger transferred legal ownership of Catholic Medical Center or Elliot Hospital to Optima Health, Inc. and whether Optima Health, Inc. obtained the legal right to control or restructure those entities.&lt;br /&gt;1. Legal Principles&lt;br /&gt;It is a fundamental principle of corporate law that a corporation has no powers beyond those set forth in its governing documents. Trustees of Dartmouth College v. Woodward, 17 U.S. 518 (1819). The powers of a voluntary corporation arise out of and must be consistent with its Articles of agreement, which must be filed with the Secretary of State in order to be valid.&lt;br /&gt;CMC, Fidelity Health Alliance, Elliot Health Systems and Optima Health, Inc. are all voluntary corporations governed by New Hampshire's Voluntary Corporations and Associations Act, RSA Chapter 292.(51) A voluntary corporation may take action only in accordance with chapter 292, the corporation's articles of agreement, and the corporation's bylaws. The articles of agreement must be recorded with the Secretary of State in order for formation of the corporation to take effect. RSA 292:4. The corporation's bylaws need not be recorded, but they must be consistent with the articles of agreement. RSA 292:6.&lt;br /&gt;Certain actions by voluntary corporations, including name changes, increases or decreases in capital stock or membership certificates, mergers and acquisitions, are not effective unless they are recorded with the Secretary of State. RSA 292:7. "[T]he provisions for establishing membership and participation in the corporation," and "the number of shares or membership certificates, if any, and provision for retirement, reaquisition and redemption of those shares or certificates" must be included in the articles of agreement. A non-profit corporation's articles of agreement must be filed with the Secretary of State to be legally valid. RSA 292:2, II-a and V.&lt;br /&gt;2. Apparent Deficiencies In The 1994 Supporting Organizations Merger&lt;br /&gt;Based on our review of the corporate histories of Elliot and CMC, as well as the documentation supplied by Optima regarding the 1994 supporting organizations merger, we conclude that the merger may not have conferred on Optima ownership or control of the two hospitals. First, both the corporate documentation and the sequence of corporate actions by which CMC sought to transfer its corporate authority and assets through Fidelity Health Alliance to Optima Health, Inc. appear to be deficient, due to CMC's failure to include membership provisions in its articles, and Fidelity Health's elimination of CMC's Board of Trustees. Second, no document recorded with the Secretary of State prior to the merger made Elliot Health Systems, Inc., or any other corporate entity, a "member" of Elliot Hospital, let alone the "sole member," with power to transfer any assets, or to otherwise control the governance, of Elliot Hospital. As a result, subsequent actions by Optima Health, Inc. to control or dispose of the assets of CMC and Elliot may be without authority, and therefore, without legal effect.(52)&lt;br /&gt;a. Catholic Medical Center&lt;br /&gt;CMC's corporate filings may not have properly transferred ownership of CMC to Optima. According to CMC's Articles of Agreement on file with the Secretary of State, CMC was established in 1974 as a Chapter 292 voluntary corporation and 501(c)(3) organization. Between 1974 and 1994, CMC's Board of Trustees consisted of 24 public members, a representative of the Catholic Church, 6 members of the medical staff, the CEO, and the President of the Senior Associates.(53) Under CMC's Articles of Agreement, the trustees had authority to provide hospital services, control the corporation's money, property and affairs, maintain accredited status, ensure patient safety, grant privileges to the medical staff -- in short, to control all affairs of the hospital.&lt;br /&gt;There is no public record of any attempt to transfer control, by "membership" or any other mechanism, of CMC's assets and governance to Fidelity Health Alliance until one day before the 1994 supporting organizations merger. Prior to the 1994 merger, five members of CMC sat on the nine member Board of Fidelity Health Alliance.(54) CMC maintained control over its supporting organization through its majority representation on Fidelity's Board.&lt;br /&gt;In an amendment recorded with the Secretary of State on February 22, 1994, the day before the merger, the CMC trustees voted to delete, in their entirety, the provisions establishing its Board of Trustees and Board of Incorporators, as well as the provisions giving the Board the power to control the affairs of the hospital. In place of these provisions, CMC reserved authority to revise the bylaws to its "sole member, Fidelity Health Alliance." Then, on February 23, 1994 -- one day after the documents establishing the abolition of its Board of Trustees had been filed with the Secretary of State -- CMC, purportedly by vote of its trustees, amended its Articles of Agreement by substituting "Optima Health, Inc." for "Fidelity Health Alliance," and added a new article stating that "The sole member of the corporation is Optima Health, Inc." This document was filed with the Secretary of State on March 19, 1994.&lt;br /&gt;Optima's creation, then use, of corporate memberships to effectuate the 1994 merger of Fidelity Health Alliance into Optima Health, Inc. raises serious questions regarding the extent of Optima's authority to own and control CMC and Elliot. Although CMC's amended Articles purport to establish Fidelity Health Alliance and, subsequently, Optima Health, Inc. as its "sole member," the standards for "membership" or for issuance or redemption of membership certificates are not contained within CMC's Articles of Agreement, as required under RSA 292:2, II-a. Thus, the "membership" status purportedly conferred on Fidelity Health Alliance and Optima Health, Inc. by the February 1994 amendments to CMC's Articles does not appear to comply with the statute.(55)&lt;br /&gt;Additionally, the purported transfer of "sole membership" status from Fidelity to Optima Health, Inc. also is problematic because the trustees voted to approve the change only after the board had abolished itself and all of its authority, and documents to that effect had already been placed on public record by filing with the Secretary of State.(56)&lt;br /&gt;As a result of these apparent defects in corporate documentation, and the sequence of events which led to a vote approving transfer of sole membership status in CMC by a legally non-existent board of trustees, CMC may have been left with no legally valid member and no board of trustees. Optima Health, Inc.'s control over the assets and governance of CMC since 1994 may, therefore, lack legal foundation.&lt;br /&gt;b. Elliot Hospital&lt;br /&gt;Elliot Hospital's corporate existence was originally established by statute in 1881, in accordance with the will of Mary Elizabeth Elliot. The act creating Elliot Hospital appointed trustees, as specified in Mary Elliot's will. These included the Mayor of Manchester and persons chosen by each of six Protestant churches in Manchester.&lt;br /&gt;The only recorded filing with the Secretary of State for Elliot Hospital (other than mandatory reports, and statements reflecting increases in the total value of property the hospital can hold) is an amended Constitution and Bylaws which dates from 1958. This filing uses the term "members" to denote trustees, and provides that there will be "not less than sixteen." The purposes section of the Constitution is expanded from the original statutory language, and includes the determination of the policies of the institution with relation to community needs, maintenance of proper professional standards, directing administrative personnel, and adequate financing and business-like control of expenditure. Other than mandatory reports, no documents have been filed with the Secretary of State with respect to Elliot Hospital since 1974.&lt;br /&gt;Elliot Health Systems was established in 1983 (under the name Health Northeast, Inc.) as a 501(c)(3) supporting institution for Elliot Hospital. Conspicuously missing from the public record, however, is any document which purports to effectively cede control of the governance or assets of Elliot Hospital to Elliot Health Systems. Indeed, there is nothing in the recorded filings of either Elliot Hospital or of Elliot Health Systems which indicates that Elliot Health Systems owned or controlled Elliot Hospital or that Optima presently holds such authority.&lt;br /&gt;Certain documents, not publicly filed, but provided to us for purposes of this review, do suggest that Elliot Health Systems had a substantial degree of control over Elliot at the time of the merger and that the Elliot Board may have voted to accept Optima as its "sole member." A 1993 constitution and bylaws for Elliot Hospital indicate that while prior to the merger, Elliot Health Systems was not designated as a "member," it did have authority to appoint, and to remove without cause, 3/4 of Elliot Hospital's board members.(57) Under the 1993 constitution, amendments to Elliot's constitution or bylaws required the approval of Elliot Health Systems.(58) On the day of the merger, the Elliot trustees voted to amend Elliot Hospital's constitution to make Optima Health, Inc. the sole member of Elliot Hospital, and to substitute Optima Health, Inc. for all references to Elliot Health Systems. None of these documents are on file with the Secretary of State, nor did the copies reviewed by this office include a certification of adoption. Further, as with the amendments to CMC's Articles of Agreement, the Elliot amendments shed no light on the duties or responsibilities of Optima as the "sole member" of Elliot Hospital.&lt;br /&gt;c. Implications For Optima&lt;br /&gt;The above defects in corporate organization and Optima's failure to place all relevant corporate documents on record with the Secretary of State(59) raise significant questions regarding the capacity of Optima Health, Inc. to control the governance, and to control or dispose of the assets of either Elliot or CMC. Accordingly, the 1994 transfer of corporate powers from the hospitals to Optima Health, Inc. and the 1995 transformation of the hospitals' respective boards of trustees into "mirror boards" of limited authority are also subject to question. Finally, Optima Health, Inc.'s participation as a member of the Optima Healthcare regional joint operating company presents similar legal issues concerning the transfer of operational control of the hospitals or their assets to that entity.&lt;br /&gt;B. Optima Has Effectively Terminated The Charitable Trusts Of Elliot And CMC By Merging Their Governance Structures And Operations Into A Regional System&lt;br /&gt;These corporate issues are eclipsed in importance by Optima's post-1994 actions regarding the stewardship of the assets and charitable missions of Manchester's two hospitals. These issues fall into two categories:&lt;br /&gt;First, Optima failed to include the community and the Director of Charitable Trusts in crucial decisions, including substantial changes in the governance and organization of the two community hospitals and consolidation of both hospitals' acute care services at a single site. Indeed, Optima representatives have not fully informed the public or the Director of Charitable Trusts regarding its plans, nor have they provided financial or other supporting analysis for its decisions. Optima's failure to communicate with and to involve the public has resulted in an apparent repudiation of promises and commitments made at the time of the 1994 supporting organizations merger. Such promises include:&lt;br /&gt;* Optima's public commitment to maintain CMC and Elliot as distinct, community-governed acute care hospitals;&lt;br /&gt;* Optima's public commitment to preserve local control and governance of both Elliot and CMC;&lt;br /&gt;* Optima's public commitment to preserve the distinct charitable and religious identities of both Elliot and CMC as separate elements of a unified health care system; and&lt;br /&gt;* Optima's public commitment to establish a system of accountability to the community to ensure that savings achieved from the 1994 merger would be redirected back into the community.&lt;br /&gt;Second, through the aggregate of its actions, including relocating services, expansion of facilities, changes in the use of facilities, changes in governance and structure, and corporate reorganization into a regional holding company, Optima has at a minimum substantially altered, if not effectively terminated, the distinct charitable identities of Elliot Hospital and CMC. It has done so without seeking the approval of the Probate Court through an action for cy pres or deviation, which are the appropriate legal processes for review of such action. Based on our review of the documents submitted to this office, Optima does not appear to have met the legal standard for cy pres, termination of, or deviation from a charitable trust with respect to either Elliot or CMC. This is so because:&lt;br /&gt;* Optima has made no showing based upon financial analysis that it is illegal, impossible or impracticable to continue the distinct charitable mission of CMC as an acute care community hospital serving the Manchester community. Despite its statement that Manchester is too small a community to support two acute care hospitals, Optima's own financial analysis projects that $150 million of cost savings could be achieved by consolidating certain services while still operating two acute care hospitals. Indeed, Optima did not conduct a post-merger financial analysis of the option of continuing operation of CMC as an acute care hospital, but rather treated consolidation of acute services at a single site as the sole option available after the merger to achieve the projected savings.(60)&lt;br /&gt;* Optima has not defined a clear charitable mission or other identifiable attributes for the successor integrated acute care hospital. Optima's failure at the time of the 1994 merger to forthrightly address the divergence between the hospitals in practices concerning pregnancy termination has led to profound confusion within and outside of Optima regarding the religious and ethical tenets affecting the availability of health care services for the Manchester community.&lt;br /&gt;* This tension has been particularly acute with respect to abortion and reproductive services, where statements made by Optima representatives at the time of the merger that Elliot's practices were consistent with Catholic ethical doctrine have led to the promulgation -- three years later -- of a vague, ad hoc policy regarding abortion and the application of religious doctrine to health services within Optima's integrated acute care facility. The confused and often unclear policies of the consolidated acute care facility appear in many instances to be inconsistent with the established identities of both Elliot and CMC.&lt;br /&gt;1. Optima Has Failed To Inform And Include The Community And The Director Of Charitable Trusts Regarding The Charitable Identities Of CMC And Elliot&lt;br /&gt;It is a fundamental tenet of charitable trust law that a charitable institution may not radically alter or terminate its charitable mission without notification to the Director of Charitable Trusts, and without seeking approval of the change in mission from the Probate Court by an action for cy pres or deviation. It is equally fundamental that the social contract that binds a charitable trust to its served community includes a duty of candor and accuracy. We conclude that Optima, by integrating the hospitals into a single acute care facility and substantively changing the governance and character of the hospitals, effectively terminated the distinct charitable missions of CMC and the distinct charitable identities of CMC and Elliot as community hospitals. Optima did this without appropriate legal process and, most disturbingly, without informing its served community with candor and accuracy of its plans and actions.&lt;br /&gt;a. Consolidation Of Acute Care Services At A Single Site&lt;br /&gt;i. Pre-Merger Public Statements&lt;br /&gt;It is clear from both the public and regulatory record that the 1994 supporting organizations merger was permitted to go forward, and received broad public support, based in large part on the common public assumption that the merger would preserve the distinct operations and identities of CMC and Elliot Hospital.(61) Widely reported pre-merger statements by Sylvio Dupuis and Scott Goodspeed, presidents of CMC and Elliot Hospital, respectively, focused on developing the distinct missions and characters of each hospital under unified holding company management, as "centers of excellence," each emphasizing particular specialties.(62) Indeed, the pre-merger Memorandum of Understanding between Fidelity Health Alliance and Elliot Health Systems identifies as one purpose of the merger "[t]o" reflect in the policies and practices of a new integrated health care system the merger of two equals who respect the standards and principles by which each is presently governed.(63)&lt;br /&gt;This message was communicated in a variety of forums. At a September 1993 public hearing before the Manchester Board of Aldermen, Phillip Ryan, President and CEO of Elliot Health Systems, and Robert Cholette, President and CEO of Fidelity Health Alliance, made a joint presentation regarding the proposed merger. At one point, Mr. Cholette described the proposed merger as follows:&lt;br /&gt;Here we are considering bringing the two holding companies together to form one systems corporation and this systems corporation, this holding company would be the parent company to not only the Elliot Hospital and the Catholic Medical Center, but to Hillcrest Terrace, to the One-Day Surgery Center, the Convenient Med-Care and the NH Medical Lab, all of the companies that are owned by both organizations and there are probably 17 or 18 such companies. This holding company, this new systems corporation, would be non-profit and it would be a partnership of equals. We would come together with equal representation to govern this new heath care system for greater Manchester.(64)&lt;br /&gt;Later in the same presentation, Mr. Cholette responded to Alderman Buckley's question of whether there would continue to be two acute care centers after the merger by stating only that, "some of the major service areas will be unified." Mr. Ryan immediately emphasized this point, stating that "a lot of these savings [from the proposed merger] come from equipment savings as well as avoiding the need to purchase duplicate equipment, so if you have all of obstetrics in one area and all of cancer care in one area you can do some things from a cost as well as a quality point of view by unifying. Those would be tougher for two separate operations to do.(65)&lt;br /&gt;In statements to the public press, the FTC, and the Board of Aldermen, Optima officials repeatedly represented that the projected merger would result in savings of $150 million over a ten year period.(66) This estimate appears to have been based on a pre-merger financial analysis conducted by Ernst &amp;amp; Young to analyze the potential financial benefits resulting from different levels of consolidation and integration.&lt;br /&gt;Ernst &amp;amp; Young designed its study around three different options and compared the expected range of potential cost savings from each option:&lt;br /&gt;* Option 1 - consolidation of the supporting organizations and certain overhead;&lt;br /&gt;* Option 2 - service consolidation, while still operating two acute care sites; and&lt;br /&gt;* Option 3 - full consolidation of acute care at one site with no new construction.&lt;br /&gt;Significantly, Ernst &amp;amp; Young estimated that the second option, service consolidation while still operating two acute care sites, would produce approximately $150 million in savings over ten years. In fact, in a 1993 meeting with the U.S. Department of Justice Staff, Optima's attorney identified the specific acute care services which each hospital would provide.&lt;br /&gt;During 1993, Fidelity Health Alliance and Elliot Health Systems management actively solicited members of the medical staffs of the two hospitals to submit letters of support for the merger to the Federal Trade Commission. To elicit physician support, management personally assured the physicians that Optima would continue to operate two acute care hospitals after the merger.(67)&lt;br /&gt;It is apparent that public support for the 1994 supporting organizations merger hinged in large part on the common public understanding that the merger would result in significant savings while still preserving the distinct and independent identities of both Elliot Hospital and CMC. In his letter of support for the 1994 merger, U.S. Senator Judd Gregg wrote:&lt;br /&gt;The new corporation will be governed by members of the local community, just as the separate entities are now. This will ensure continued responsiveness to community needs.&lt;br /&gt;Joseph McCarron, President of Healthcare Concepts, Inc. wrote:&lt;br /&gt;The merger will further enhance the two health care systems which are already largely complementary in the services they provide yet will preserve the valued identities and reputations of the two hospital institutions ... [The] continuity of the extensive community oversight and participation in the governance of the merged system will assure that savings are passed on to the community.&lt;br /&gt;Numerous other letters from physicians and community members, which Optima included in submissions to the U.S. Department of Justice and the New Hampshire Attorney General's Office in connection with these agencies' antitrust reviews of the proposed merger, offer support to the concept of local governance and elimination of duplicative costs, while still preserving the essential identity and missions of the two hospitals.(68)&lt;br /&gt;ii. Post-Merger Decision To Consolidate Acute Care Services At A Single Site&lt;br /&gt;Notwithstanding the public's understanding of the nature and effect of the supporting organizations merger, Optima has acted with the apparent belief that the 1994 merger gave it authority not only to consolidate the supporting organizations, and to amend the corporate governance structure of the charitable hospitals, but also to change the core mission of CMC, and to relocate services and facilities at will.&lt;br /&gt;Although the 1993 Memorandum of Understanding and the 1994 merger documents acknowledge the separateness of the Catholic elements of the system and speak of their preservation, Optima management took steps immediately after the merger to reduce the separate hospitals to subsidiary elements within the Optima Health system.(69) Optima internally renamed CMC and Elliot as "Optima West Side" and "Optima East Side," with the traditional names for the hospitals retained publicly for the hospitals as "dba's" for Optima. In 1996, Optima registered the trade names "CMC" and "Elliot Hospital" with the Secretary of State.(70)&lt;br /&gt;On August 17, 1994, less than six months after the supporting organizations merger, Optima management outlined and presented a facilities work plan which set January 1, 1995 as the deadline for the identification of a single acute care site.(71) In post-merger submissions to governmental agencies, and in statements to the public, Optima represented that the decision to consolidate all acute care services at a single site occurred as a result of extensive financial analysis and clinical analysis by physician and other employee work groups.(72) In interviews with this office, Optima representatives said that its physicians made the decision to consolidate acute care services at a single site through their work on systems consolidation subcommittees.(73) The facts suggest otherwise.&lt;br /&gt;Optima's attribution of the consolidation decision to its physicians does not accurately reflect the actual components or sequence of Optima's decision-making process as reflected in its board minutes and subcommittee minutes. Although Optima did form systems consolidation subcommittees, the decision to consolidate services at a single acute care site was made before the systems consolidation subcommittees completed their work. The record indicates that Optima's systems consolidation committees were in fact charged, not with determining whether to consolidate all acute care services at a single site, but with how to implement management's decision to do so.(74)&lt;br /&gt;In light of Optima's assertion that merger savings could not be achieved without consolidation at a single acute care site, and in view of Optima's statement that its decision to consolidate was made in response to "rapid" changes in health care, Optima's election not to conduct any post-merger financial analysis of the effects of a proposed consolidation of acute care services at a single site is particularly significant. Optima relied on the same studies that before the merger showed cost savings of $150 million with two acute care sites to demonstrate, after the merger, that these cost savings could not be achieved without consolidation of acute care at a single site.(75)&lt;br /&gt;In its CON application Optima states that compelling post-merger studies left it with no real choice but to consolidate acute care at a single site.(76) If Optima conducted such studies, they were not provided in connection with this review. Rather, Optima's contention that "only full integration of clinical services will result in $150 million of savings in operating expenses over a ten year period,(77) appears to be based solely upon the pre-merger financial analysis. However, this statement is not supported by the pre-merger Ernst &amp;amp; Young Study, which had predicted prior to the merger that $150 million could be saved from elimination of duplicative services between hospitals without consolidation at a single acute care site.&lt;br /&gt;2. Optima Violated Its Commitment To Maintain Community Governance By Stripping The Hospitals' Boards Of Their Authority&lt;br /&gt;In the wake of the 1994 supporting organizations merger, Optima has substantially changed the organizational structure of its hospital "subsidiaries," essentially stripping them of all independent authority, and conferring that authority on Optima Healthcare.&lt;br /&gt;Optima accomplished this in several stages. After the merger, Optima made immediate efforts to exert control over its hospital "subsidiaries" through changes, some of which may have been legally ineffective, to CMC's and Elliot's governing documents. Then, in November, 1995, Optima Health, Inc. reorganized its own corporate structure and the corporate structure of the hospitals. It did so first by downsizing its own Board of Trustees -- which had previously consisted of all trustees of Fidelity Health Alliance and Elliot Health Systems -- from thirty-six to sixteen members and eliminating the prior requirement that seventy percent of its trustees come from the local community. At the same time, it restructured the hospital boards into identical "mirror boards," while retaining most authority for the conduct of hospital affairs and the control of the hospitals' assets in itself.(78)&lt;br /&gt;Finally, in January 1997, Optima Health, Inc. affiliated with Covenant Health Systems to form Optima Healthcare, a regional joint operating company embracing the operations of St. Joseph's Hospital in Nashua, as well as Elliot and CMC.(79) Under the Joint Operating Agreement governing Optima Healthcare, most corporate powers of Optima Health, Inc. have been ceded to the regional institution. The two hospitals themselves retain almost no independent function beyond credentialing and a limited capacity to establish specific clinical policies and directives, which are subject to approval by the board of Optima Healthcare. Under the JOA, senior managers of the hospitals are to be employed not by the hospitals, but by Optima Healthcare.(80)&lt;br /&gt;As amended, the current bylaws of Elliot and CMC are nearly identical; the two are governed by "mirror boards" of identical composition, selected and controlled by the board of Optima Health, Inc., which in turn is controlled by Optima Healthcare. The Optima Health, Inc. board members, all of whom under the bylaws are also members of the subsidiary boards, serve as the executive committee of the Elliot and CMC boards, and the Optima Health, Inc. officers serve as the officers of the subsidiary boards. The President of Optima Healthcare Corporation, ex-officio, is also the president of Elliot and CMC. The bylaws allow each of the Elliot and CMC boards to "delegate its authority with respect to the operation of the Corporation to another entity organized for the purpose of operating and managing the Corporation and other affiliated entities on an integrated basis¼." The JOA mandates that CMC and Elliot as "Network Members" implement the decisions reached by the Optima Healthcare board.&lt;br /&gt;The "mirror board" governance structure deviates substantially from the pre-merger community-based corporate structure of the hospitals, and from the pre-merger guarantees of local control and governance.(81) Under the 1994 and 1995 amendments and the 1997 JOA, the hospitals are no longer controlled by boards chosen with any guarantee of meaningful local representation. Optima has ceded to Optima Healthcare control over the operating budgets of the hospitals, control over the strategic planning and location and type of services provided, and control of the disposition of profits.(82)&lt;br /&gt;The changed bylaws and corporate structure of CMC appear to be inconsistent with that institution's charitable mission, as expressed in its Articles. Although the CMC bylaws state that CMC's purpose is to maintain the identity of CMC as a Catholic institution, CMC's governing board now includes equal numbers of Catholic and Protestant representatives.&lt;br /&gt;Finally the "mirror bylaws" have also engendered confusion as to the applicability of Catholic Ethical doctrine to the delivery of health care services throughout the Optima network. On the one hand, the Elliot bylaws provide that the Network Ethics Committee, which serves the entire Optima and Optima Healthcare Networks, is responsible for acting "as an advisory group to the President on bioethical issues not previously covered in the Ethical and Religious Directives for Catholic Health Facilities." On the other hand, the bylaws provide that "in the case of the individual patient, the physician duly appointed to the Medical Staff shall have full authority and responsibility for the care of the patient subject only to such limitations as the Directors may formally impose and to the Bylaws, rules and regulations for the Medical Staff adopted by the Staff and Directors." Thus, neither the Elliot nor the CMC bylaws require -- as the CMC bylaws did before the merger -- that physicians practicing at CMC abide by the Ethical Directives.(83)&lt;br /&gt;C. Optima Has Failed To Meet The Standard For Termination Of Or Deviation From The Charitable Missions Of Elliot And CMC&lt;br /&gt;The legal processes of cy pres and deviation are public actions in which the Probate Court provides public oversight of decisions by trustees of a charity to terminate or radically change the charity's fundamental mission or identity. Despite fundamentally changing the organization and governance of Elliot and CMC, and the mission of CMC, Optima has not applied to the Probate Court for approval. As a result, Optima has not been required to demonstrate to the community it serves that these changes are necessary or appropriate under applicable legal standards.&lt;br /&gt;Optima's failure to seek Court approval for its decisions regarding the charitable mission, organization and governance of the hospitals has led to a series of unexamined actions, which, on the basis of the materials submitted to and reviewed by this office, do not appear to be warranted under either the doctrines of cy pres or deviation. This is so for the following reasons:&lt;br /&gt;* The only financial analysis conducted by Optima demonstrates that $150 million of cost savings could be achieved over a ten year period while still operating two acute care sites.&lt;br /&gt;* No financial analysis supports the claim that cost savings can only be achieved by consolidation at a single acute care site.&lt;br /&gt;* The pre-merger financial analysis does not establish that it is illegal, impracticable or impossible to preserve the distinct missions and operations of CMC and Elliot.&lt;br /&gt;* Optima has yet to fully define the mission and attributes of the unified institution into which it seeks to merge Elliot and CMC, but rather appears to be defining those attributes on an ad hoc basis in response to perceived crises. It is, therefore, impossible to determine whether the unified institution has or will have a charitable mission or identity consistent with the missions and identities of either hospital. Optima has maintained that the specifics of governance of the successor organization are confidential business information.&lt;br /&gt;1. Optima's Application For A Certificate Of Need For Consolidation Of Acute Care Services Of Elliot And CMC Did Not Address The Issue Of Whether Optima May Terminate Or Deviate From The Charitable Missions Of The Hospitals&lt;br /&gt;In interviews with this office, Optima officials have consistently maintained that through the CON process at the Health Services Planning and Review Board, they received all necessary governmental approvals for the consolidation of acute care services of the two hospitals at a single site. This argument ignores the fundamental legal issues raised by the charitable status of the hospitals.&lt;br /&gt;The CON analysis conducted by the Health Services Planning and Review Board was directed at, and limited to, the statutory criteria for approval of a certificate of need under RSA 151-C:7, and related administrative rules. In general, these criteria are applied to determine whether a proposed expenditure of health care resources meets a public need, and is consistent with quality health care for the affected community. The CON process does not distinguish between charitable and for-profit institutions and is not directed at issues relating to the charitable missions of health care institutions organized as charitable trusts. Under New Hampshire law, issues pertaining to the charitable mission of the hospitals are within the exclusive province of the Probate Court and the Director of Charitable trusts through actions for cy pres and deviation.&lt;br /&gt;This office has reviewed the pre-merger Ernst &amp;amp; Young study, a pre-merger study conducted by the personnel of the two hospitals, and the Systems Consolidation Committee Reports generated between September 1994 and the March 1995 announcement of a decision to consolidate all acute care services of Elliot Hospital and CMC onto the Elliot campus. We have concluded that the documents provided to us -- which Optima has represented to this office and to the Health Services Planning and Review Board constituted the basis for its decision -- do not support termination or deviation from the charitable missions and identities of the community hospitals under the principles of cy pres and deviation.&lt;br /&gt;2. Optima Has Not Demonstrated That It Is Impossible, Impracticable Or Illegal To Preserve The Distinct Missions And Operations Of Elliot And CMC As Charitable Trusts&lt;br /&gt;Prior to the 1994 supporting organizations merger, Fidelity Health Alliance and Elliot Health Systems commissioned and relied on the Ernst &amp;amp; Young study of potential savings to estimate the opportunities for savings available from the proposed merger. As previously discussed, that study recognized $150 million in possible savings from an operational model which preserved the distinct operations and identities of both Elliot and CMC. This report appears to have been the basis of savings estimates which were repeatedly presented by Fidelity and Elliot Health Systems management to the Manchester Board of Aldermen and in other public forums.&lt;br /&gt;Nevertheless, -- and despite public statements suggesting the contrary -- at no time after the merger did Optima conduct a financial analysis of the feasibility of preserving the distinct charitable missions and operations of the hospitals before deciding to consolidate the hospitals into a single institution.&lt;br /&gt;The CON application constitutes Optima's most comprehensive public analysis of the financial basis for its decision to consolidate all acute care services of both hospitals at a single site. The Executive Summary to the CON application describes Optima's decision to consolidate services as arising from "compelling" post-merger analysis, including, in particular, the work of an internal Systems Consolidation Committee convened in September 1994 to analyze consolidation options. In the Executive Summary to its CON application, Optima asserted that "after carefully studying: (1) national and statewide trends; (2) conducting extensive financial feasibility studies; and (3) examining innovative and cutting-edge approaches to quality of care," it concluded that its plan for an integrated health care system in Manchester would achieve economies of scale, improve system efficiency, and produce optimal patient care.(84)&lt;br /&gt;In fact, no post-merger financial analysis of consolidation options appears to have occurred. The Systems Consolidation Committee's work took place only after management had already arrived at the decision to consolidate all acute care services at a single hospital site, and only after management had already targeted January 1, 1995 as the deadline for identifying the acute care site.&lt;br /&gt;Optima's reliance on its pre-merger financial feasibility studies and its Systems Consolidation Committee Reports to support its contentions that "consolidation of acute care services will achieve key economies of scale, resulting in tremendously increased system efficiency and optimal patient care,(85) is particularly troublesome, in that the Ernst &amp;amp; Young study supports the contrary conclusion -- that $150 million of cost savings could be achieved by consolidating certain services while still operating two acute care sites.&lt;br /&gt;a. The Financial And Systems Analyses Relied On By Optima In Its CON Application To Justify Consolidation Of Acute Services Are Not Sufficient To Justify Termination Of Or Deviation From The Charitable Missions Of The Hospitals&lt;br /&gt;The financial or systems analyses performed by Optima do not establish that it is impossible, impracticable or illegal to continue the distinct charitable missions of both Elliot Hospital and CMC through preserving their independent and distinct identities as acute care hospitals. The Ernst &amp;amp; Young study, for example, is nothing more than an estimate of potential savings, arrived at in 1993, several months before the merger of the supporting organizations. Because the proposed merger was under antitrust scrutiny, the parties to the transaction were not permitted to scrutinize each others' financial documentation, but rather relied on Ernst &amp;amp; Young to provide a general estimate of potential savings available from the transaction.(86)&lt;br /&gt;Even so, the Ernst &amp;amp; Young study projected $150 million of cost savings over ten years by consolidating support and administrative services while still operating two acute care sites. Optima did not produce evidence of a post-merger study which contradicts this fundamental assumption on which the original merger of supporting organizations was based. Its description of the studies offered as "compelling" support for its decision to consolidate at a single site is unwarranted for the following reasons:&lt;br /&gt;* Neither the Ernst &amp;amp; Young study nor any post merger systems analysis addresses the capital costs of implementing measures to achieve operating cost savings from consolidation at a single site. Cost savings projected to result from the consolidation of acute care at a single site do not factor in increased capital costs.&lt;br /&gt;* Neither the Ernst &amp;amp; Young study nor any post merger systems analysis supports Optima's assertion in its CON application that over 70 percent of its projected savings are attributable to the consolidation of acute care services at one site. There is no statement or analysis in that study or any study provided by Optima that links 70 percent of the cost savings to consolidation of acute care at one site. To the contrary, the Ernst &amp;amp; Young study projects $150 million of savings with acute care at two sites. With consolidation of acute care at one site, and assuming no increased capital costs, the Ernst &amp;amp; Young study projects $250 million of savings. Thus, according to Ernst &amp;amp; Young, 60 percent of the maximum projected cost savings can be realized with acute care at two sites.&lt;br /&gt;* The reports of the systems consolidation subcommittees do not contain any financial analysis to support possible cost savings. While information contained in the Systems Consolidation Committee materials is data that with other information and analysis could serve as a basis for a financial analysis, it is not itself a financial analysis. Neither the documents provided by Optima nor the documents submitted to the Health Services Planning and Review Board contain a focused report summarizing and analyzing the conclusions reached by the systems consolidation subcommittees.&lt;br /&gt;* Neither the Ernst &amp;amp; Young study nor any post merger systems analysis addresses debt service for new construction and renovation as an offset against claimed savings from consolidation. The documents produced by Optima do not contain any financial analysis or data substantiating Optima's claim that the renovation of Elliot Hospital's campus will pay for itself in approximately five years with $42 million in net operating savings.&lt;br /&gt;* In its CON application, Optima states that national and statewide trends support consolidation of acute care services at a single site. The documents submitted by Optima contain no evidence or analysis of "trends" which would establish the financial advantage of consolidation at a single site or the impossibility or impracticality of the continued operation of Catholic Medical Center.&lt;br /&gt;Audited financial reports of Catholic Medical Center for 1992 and 1993 reveal revenues and gains in excess of expenses of approximately $5.9 million and $7.4 million, and positive cash flows of $8.7 and $10.1 million respectively. Audited financials for Elliot Hospital for 1992 show a positive cash flow of $5.5 million. This information suggests that the two hospitals were independently profitable in the years leading up to the merger. This trend appears to have continued through 1996 to the extent that Optima's financial reports continue to show each hospital generating operating surpluses. While some portion of such surplus may be attributable to post-merger savings resulting from systems consolidations, Optima has not demonstrated that the hospitals cannot maintain independent viability through operational or administrative consolidation short of its current plan to consolidate all acute care services on the Elliot campus.&lt;br /&gt;b. Optima's Analysis Does Not Meet The Burden Necessary To Terminate Or Deviate From The Charitable Missions Of The Hospitals&lt;br /&gt;The decision of the CON Board finds that the rationale for the consolidation of the inpatient acute care services is based on a study conducted by the two hospitals ¼ to determine the most appropriate location to consolidate all inpatient acute care services into one comprehensive hospital in the city of Manchester. The [Elliot Campus] site was chosen as the hospital of choice based on a number of inefficiencies associated with the site and spatial capabilities of the CMC facility and campus.&lt;br /&gt;Finding No. 7. The criteria Optima applied in selecting the single acute care site included the size of the physical site, the availability of parking, the condition of the general facility, the ability of the site to accommodate physicians' offices, the renovation costs associated with consolidation at a single facility, and the carrying costs of the vacant site. Optima's site based criteria do not establish an appropriate rationale under the law of charitable trusts to justify the termination of Catholic Medical Center as an acute care facility. Simply put, a charitable hospital may not be terminated because another location may be more convenient or have access to better parking.&lt;br /&gt;If a standard of convenience were applied to justify a substantial change in the purposes and mission of a charitable trust, no legal impediment would prevent Optima or Optima Healthcare from closing CMC at a later date and consolidating all services -- acute and non-acute -- at the Elliot campus. Indeed, this office has reviewed long-range planning documents which suggest complete consolidation of all hospital services, both acute and non-acute, at the Elliot Hospital campus as a long-term option.(87) The Joint Operating Agreement reposes full authority in Optima Healthcare to develop a strategic plan for the location of services and binds the "Network Members" to adhere to the strategic plan.(88)&lt;br /&gt;Neither the Probate Court nor the Director of Charitable Trusts has ever accepted convenience as a legal standard to justify the termination of, or substantial change in the purposes of, a charitable trust. By ignoring the legal processes necessary to terminate or deviate from the distinct charitable missions and identities of the community-based hospitals, Optima has proceeded on the basis of inadequate financial analysis to transfer all acute care services from Catholic Medical Center, to reduce the licensed beds at CMC from 330 to 110, to strip the hospital boards of their authority, to sell property belonging to CMC,(89) and to exercise virtually complete legal authority over the finances and assets of CMC and Elliot Hospital.&lt;br /&gt;We conclude that these actions constitute such a significant change of mission, governance and identity of both Elliot Hospital and CMC as to require the approval of the Director of Charitable Trusts and the Probate Court pursuant to RSA 547:3-d or RSA 547:3-h. Optima has not properly made the case that there is any legally cognizable justification for such changes.&lt;br /&gt;3. Optima Has Not Demonstrated That The Unified Healthcare Institution It Seeks To Create Has A Charitable Identity Or Attributes Consistent With Either Elliot Or CMC&lt;br /&gt;If a charity must be terminated or its mission fundamentally changed, under the doctrines of cy pres or deviation, the Probate Court is charged with determining that the charitable institution or substituted use to which the charity's assets are to be committed is as similar as possible to the purpose of the original trust. Optima has not demonstrated that the unified health care institution it seeks to substitute for the distinct community-based institutions of Elliot Hospital and CMC has a charitable mission or attributes consistent with either hospital.&lt;br /&gt;In a sense, this failure is at the heart of the passionate concerns about Optima and the future of the hospitals which have been raised within the Manchester community by the Save CMC organization and others. In the years following the 1994 supporting organizations merger, this failure has manifested itself in:&lt;br /&gt;* Optima's seeming disregard for the preservation of CMC's traditional commitment to religious health care; and&lt;br /&gt;* Optima's vague and ad hoc application of Catholic ethical doctrines to the delivery of health care services -- including certain abortion procedures -- at Elliot Hospital.&lt;br /&gt;a. Optima Has Fundamentally Altered The Nature Of CMC As A Religious Acute Care Hospital&lt;br /&gt;The corporate structures adopted by Optima -- including, in particular, the establishment of mirror boards for Elliot and CMC and the ceding of virtually all independent authority from the hospital boards to Optima Health, Inc. and Optima Healthcare -- has had the effect of blurring traditional and important distinctions between the charitable missions of the two hospitals. In essence, CMC has been transformed into a non-acute care element of a larger secular hospital organization. This runs counter to the hospital's traditional mission. The 1974 CMC Articles of Agreement specifically describe CMC as an agency of the Roman Catholic Church and stress its unique spiritual mission to provide health care to those in need in a manner guided by and consistent with the tenets of the Roman Catholic Church as expressed in the Ethical Directives.&lt;br /&gt;In testimony to the Attorney General's Office, Optima officials asserted, albeit with some confusion and with the notable exception of abortion policy, that the Directives themselves do not apply to the Elliot Hospital, but apply only within the CMC building. While this distinction might have merit in an organization in which CMC maintained independent viability as an acute care hospital, it has little meaning for a CMC whose health care mission has been reduced to a limited number of non-acute care functions.(90)&lt;br /&gt;Optima has not provided this office with documents or evidence which indicate that the historical applicability of the Ethical Directives at CMC was ever actively considered by its constituent boards in connection with the consolidation of acute care services at a single site. Indeed, this issue appears to have gone unaddressed until the 1996 controversy regarding the availability of certain abortion procedures at Elliot Hospital led to promulgation of a controversial policy regarding religious principles and abortion procedures. This policy and statements made to this office by Optima management regarding the applicability of the Ethical Directives, appear to have been formulated as a defensive response to the recent controversy. Such a position betrays a fundamental lack of understanding and respect for the totality of the Ethical Directives as a guide to the religious underpinnings of Catholic health care.&lt;br /&gt;This attitude is underscored by a conversation between Robert Cholette, CEO of Fidelity Health Alliance and later of Optima Health, Inc. and Optima Healthcare, and Dr. Maria Alicia Davila, a physician long associated with CMC. Dr. Davila testified that, prior to the 1994 merger, Mr. Cholette assured her that the proposed merger would not result in closure or termination of CMC. In the course of that conversation, Dr. Davila stated her conviction that Elliot Hospital and Catholic Medical Center could not be merged because of their different cultures. To which Mr. Cholette replied, "That's not true. These are just buildings." She in turn responded, "Excuse me? You mean an institution does not have a soul?"(91)&lt;br /&gt;b. Optima Has Not Clarified Whether Health Care Services In The Merged Institutions Will Be Altered Or Curtailed To Conform With Religious Doctrine&lt;br /&gt;The blurring of the distinct charitable identities of Elliot Hospital and CMC is equally troubling with respect to Elliot Hospital, a secular institution with roots in Manchester's Protestant Community. As the ongoing controversy regarding abortion procedures indicates, there is considerable concern within the medical and general communities of greater Manchester as to whether Catholic doctrine may come to control the provision of health care at Elliot Hospital. Necessarily, this issue is most acutely drawn in the area of reproductive services and abortion, though it may also have implications for other areas of health care, including care at the end of life.&lt;br /&gt;In November 1997, in response to the disclosure that Elliot Hospital's practices with respect to abortion did not conform to Catholic doctrine or the Ethical Directives, the Trustees of the mirror boards, acting as Trustees of Elliot Hospital, adopted a policy which banned termination of pregnancy at Elliot Hospital for any reason except to save the life of the mother.(92) This policy was intended to conform Elliot's policies with the Ethical Directives regarding termination of pregnancies by banning certain procedures, rarely but consistently performed at Elliot, where pregnancies were terminated due to non-lethal fetal abnormalities.(93) The Elliot Trustees sought to address the larger issue of the impact of religious principles and directives on health care at the unified acute care hospital by including within the announced policy several statements purporting to limit the application and influence of religious doctrine to health care within the hospital.&lt;br /&gt;Optima's failure to address the complex ethical issues raised by the merger of a religious and a secular hospital forthrightly, publicly and on the basis of accurate information regarding practices at both hospitals has led to the apparent compromise of the charitable identities and missions of both institutions, and has resulted in the invention of an ad hoc ethical and religious policy which does not fully address the issues raised. Indeed, the provisional nature of the policy was evident in interviews with Optima personnel in which no member of Optima's Board or present or past management appeared able to articulate the scope of the policy or the relation of the Ethical Directives to Elliot Hospital or to the unified acute care institution being formed on the Elliot campus.(94)&lt;br /&gt;Similarly, members of Optima's management and boards of trustees interviewed in connection with this review demonstrated confusion concerning the effect of the recently announced policy on availability of specific procedures, such as routine administration of abortifacient drugs to rape victims.(95) At least two physicians interviewed expressed concern that the policy would affect the treatment options available for extrauterine or ectopic pregnancies in a manner they felt was inconsistent with proper medical treatment.(96) No member of Optima's boards or management interviewed by this office could define the effect of the policy on this issue.(97)&lt;br /&gt;The 1994 supporting organizations merger agreement provides that "Optima will not be identified or operated under the auspices or control of any particular religious organization or group," and that Optima will "maintain the identity of Catholic Medical Center as a Catholic Institution." Optima's approach has been to treat Catholic Medical Center as a separate corporate entity for some purposes and as part of a single integrated hospital for other purposes.&lt;br /&gt;By consolidating acute care at a single location, restructuring corporate governance, and transferring the authority of the local governing boards to a regional consortium, Optima has effectively terminated the separate existence of both Elliot and CMC as community-based charitable hospitals with distinct identities and missions. The mission of CMC as a Catholic hospital has not been maintained. The adoption of a termination of pregnancy policy that is consistent with Catholic doctrine for Elliot does not fulfill the obligation that Optima undertook to maintain the identity of CMC as a Catholic institution. It does, however, compromise Elliot's traditionally secular approach to medicine. The logical and legal incoherence of this approach is evident.&lt;br /&gt;c. Optima Has Failed To Fulfill Its Promise That It Would Be Publicly Accountable For Its Claims That The Merger Of Elliot And CMC Would Produce Savings And That It Would Return Those Savings To The Community&lt;br /&gt;Before the 1994 supporting organizations merger, Fidelity Health Alliance and Elliot Health Systems management repeatedly stated that the merger would result in savings of over $150 million in ten years. Optima said that integration would produce cost savings of over $3,600 for each household in Manchester and over $1,000 for each household in Hillsborough County,(98) and pledged to establish a program of public accountability to demonstrate that the "hospitals are vigorously pursuing cost efficiencies and are otherwise continuing their mission to be a public servant to the community."(99)&lt;br /&gt;i. Optima Has Not Produced Evidence That Consolidation Of The Hospitals Has Produced Or Will Produce Cost Savings&lt;br /&gt;In connection with this review, Optima provided no evidence that it has fulfilled its promise to institute a program of public accountability demonstrating cost efficiencies. When Optima was asked to produce the "public accountability" documents that would demonstrate savings from the merger, Optima provided copies of "merger report cards" prepared for and presented to its trustees on a quarterly basis. Until called for by this review, these "report cards" have been treated by Optima as confidential business information unavailable to the public.(100)&lt;br /&gt;Our review of the "report cards," prepared by Optima for its Board of Trustees leads us to the conclusion that the report cards do not fulfill the pre-merger promise of a public accountability program. First, they have never been made available to the public until this review. Second, the report cards neither contain nor reflect contemporary financial analysis or data by which to evaluate the accuracy of any claimed savings.&lt;br /&gt;Essentially, the report cards offer nothing other than the repeated conclusory assertion that because consolidations have taken place that were predicted by the 1993 Ernst &amp;amp; Young study as potential sources of savings, those savings have in fact been realized. Thus, purported cost savings are simply "reported" based on the same approach that was used to project anticipated cost savings: that is, to estimate gross savings achievable from consolidation of specified services without actual adjustments to reflect cost saved by unit of service actually delivered. While Optima's method of describing cost savings may be acceptable for estimating or projecting potential cost savings on a prospective basis, it is not a reliable or accurate method for documenting or reporting actual cost savings.(101)&lt;br /&gt;Because the merger report cards are based solely on the pre-merger projections, they do not take into consideration a variety of independent factors which may relate or contribute to claimed savings. These include the reduced variable costs which may be attributable to a decline in patient census. In a hospital context, a decrease in patient census utilization may result in lower operating costs without corresponding efficiency gains. Stated simply, when a hospital has fewer patients, it may be able to recognize cost savings through consolidation or elimination of staff functions and other overhead costs. Because Optima's report cards do not account for other factors such as reductions in patient census from pre-merger levels, it cannot be determined whether Optima's claimed cost reductions result from cost efficiencies flowing from the merger and subsequent consolidations, from a lower patient census, or, alternatively, whether the claimed cost reductions are more properly attributable to managed care payor structures or other factors independent of the merger.&lt;br /&gt;ii. Optima Has Not Established A Program Of Public Accountability&lt;br /&gt;Before the merger, Optima represented to the Attorney General's Office and the Manchester Board of Aldermen that it would institute an accountability system so that the community could keep score of its successes. Mr. Cholette described the accountability system as a way of "report[ing] to the community number one what our plans were for the year." It would allow the community to determine "just how well we did," and provide evidence that the cost savings would be returned to the community.(102)&lt;br /&gt;Instead of implementing the promised system of public accountability, Optima has refused to make its financial and corporate information available to the public. Not only has Optima not kept score for itself, it has also prevented the community from keeping an independent scorecard of its "successes."&lt;br /&gt;In connection with this review, Optima has claimed that the corporate bylaws of Optima and its subsidiaries are confidential, that organizational materials reflecting its business organization and structure are confidential, that financial feasibility studies submitted to support its claims of cost savings from consolidation of acute care are confidential, that budgets are confidential, that the joint operating agreement with Optima Healthcare is confidential, and that project costs and construction related information pertaining to the ongoing construction at Elliot Hospital are confidential.&lt;br /&gt;In light of this corporate culture of secrecy, it is all but impossible to determine whether Optima has either achieved cost savings or redirected those costs savings back to the community as promised.&lt;br /&gt;VI. CONCLUSION&lt;br /&gt;In 1993, Optima said that the merger of Fidelity and Elliot Health would benefit the Manchester community by redirecting health care dollars, wasted on competition between CMC and Elliot, back to the community. A member of the Catholic Medical Center Board described the purpose of the merger this way:&lt;br /&gt;... the hospitals have worked collaboratively to sponsor the Manchester Community Health Center which provides family centered care regardless of ability to pay¼. Manchester needs more of these services. The dollars spent on competition should be redirected to accomplish benefits for the community.(103)&lt;br /&gt;In letters of support for the merger, the Manchester community echoed this goal of improving health care in Manchester and surrounding communities by ending wasteful competition between its community hospitals.&lt;br /&gt;It was the clear understanding of the community in 1994 that Optima would accomplish this goal by eliminating duplication in administrative and operational costs while still operating two acute care hospitals. Through its statements to the community, Optima fostered the belief that it was committed to investing in the health care of the Manchester community, improving health care services to the indigent, and maintaining a system of accountability to the citizens of Manchester.(104) To elicit broad public support for the merger, Optima acknowledged that it would be governed by its social responsibilities to the Manchester community and its indigent population. In essence, Optima promised the people of Manchester that it would honor the social contract between them and their hospitals, and the people trusted Optima to abide by that promise.&lt;br /&gt;Optima is not a for-profit business accountable to its equity investors. Optima has no shareholders other than the people of the community that founded and support its constituent hospitals. In 1994, when Optima undertook the responsibility of managing two distinct charitable hospitals, each founded by and connected to different communities within the larger community of Manchester, Optima became accountable not only to the Manchester community, but also to the distinct communities which share the traditional values of CMC and Elliot.&lt;br /&gt;By transferring corporate and financial control of Elliot and CMC to a regionally-based organization that is no longer governed by a Board of Trustees drawn exclusively, or even primarily, from the Manchester community, Optima failed to honor its social contract to both the Manchester community as a whole and to the distinct communities whose values are reflected and who are served by CMC and Elliot. It also severed the social contract between CMC and the community served by CMC and its predecessor hospitals by ending CMC's historical mission of ministering to the broad health care needs of its community in a traditionally Catholic setting. By failing to address forthrightly at the time of the original merger, or at any time thereafter, the complex moral and clinical issues involved in the merger of a religious with a secular health care institution, Optima violated the trust of the community that founded and is served by the Elliot Hospital.&lt;br /&gt;Most troubling, Optima has taken all of these steps without engaging in the necessary legal process of cy pres or deviation to determine the legality and practical effect of its decisions on the charitable missions of Elliot and CMC. As a result, it has made a series of decisions that fundamentally alter the charitable identities, governance and missions of Elliot and CMC while effectively excluding from any meaningful dialogue the very populations those hospitals are pledged, and legally bound, to serve.&lt;br /&gt;It is the conclusion of the Attorney General that Optima, as a charitable institution, must seek guidance from the community in developing its vision of quality health care. This cannot occur without dialogue and without inclusion. Unless changed as a result of that dialogue, Optima's decision to terminate or fundamentally alter the charitable missions and identities of CMC and Elliot by combining them into a single health care institution must be reviewed by the Probate Court in the context of a cy pres action.&lt;br /&gt;________________________________________&lt;br /&gt;Philip T. McLaughlin, Attorney General of the State of New Hampshire&lt;br /&gt;Michael S. DeLucia, Director of Charitable Trusts&lt;br /&gt;Leslie J. Ludtke, Associate Attorney General&lt;br /&gt;Walter L. Maroney, Sr. Assistant Attorney General&lt;br /&gt;Jennifer J. Patterson, Assistant Attorney General&lt;br /&gt;1 Meinhard v. Salmon, 164 N.E. 545, 547 (N.Y. Ct. App. 1929) (emphasis added).&lt;br /&gt;2 See RSA 547:3-d.&lt;br /&gt;3 William Donovan letter to Assistant Attorney General Walter Maroney, November 29, 1993, Exhibit 19.&lt;br /&gt;4 Union Leader, 3/20/93 "Cholette said it is unlikely that CMC and Elliot would ever merge."&lt;br /&gt;5 See Hospital Licensing Documents and Summary, Exhibit 5.&lt;br /&gt;6 A comprehensive list of documents reviewed and the witnesses from whom testimony was taken is included in Exhibit 1.&lt;br /&gt;7 Optima asserts that many of the documents which it has submitted to the Attorney General's Office for review are privileged or confidential. See Confidentiality Agreement, Exhibit 26. Documents that Optima has labeled as confidential are identified in Exhibit 1 as confidential; however, other documents listed in Exhibit 1 may also be subject to a claim of privilege or confidentiality. It should be noted that some of the documents that Optima claims are privileged are required by law to be on file as public records. For example, RSA 292:7 requires that a nonprofit corporation file amendments to its articles of agreement with the Secretary of State and town or city clerk. To the extent certain corporate documents developed by Optima affect the Articles of Agreement currently on file, those documents must be filed with the Secretary of State. Optima claims that all corporate governance documents are confidential.&lt;br /&gt;8 New Hampshire law defines a charitable trust as "any fiduciary relationship with respect to property arising as a result of a manifestation of an intention to create it, and subjecting the person by whom the property is held to fiduciary duties to deal with the property ¼ for any charitable, nonprofit, educational, or community purpose." RSA 7:21, II(a)(Supp. 1997). The most recent amendment to this provision became effective on January 1, 1998. The definition in effect between 1987 and 1997 was substantially identical to the quoted language.&lt;br /&gt;9 See RSA 7:19, 7:20, 7:22, 7:24. See also Attorney General v. Rochester Trust Co., 115 N.H. 74 (1975); Souhegan National Bank v. Kenison, 92 N.H. 117 (1942).&lt;br /&gt;10 See, e.g., Queen of Angels Hospital v. Younger, 66 Cal. App. 3d 359 (1977); Holt v. College of Osteopathic Physicians and Surgeons, 61 Cal.2d 750, 754 (1964); Attorney General v. Hahnemann Hospital, 494 N.E.2d 1018, 397 Mass. 820, 835-36 (1985) (charitable hospital could not amend its corporate charter to include additional new grant-making provisions and then devote assets given and amassed for hospital purposes to such grants); Greil Memorial Hospital v. First Alabama Bank of Montgomery, 387 So.2d 778, 781 (Ala. 1980) (gift to charitable organization which operated hospital for treatment of tuberculosis could not pass them to a successor hospital organization which had abandoned that charitable purpose); see generally Riverton Area Fire Protection District v. Riverton Volunteer Fire Dept., 566 N.E.2d 1015 (Ill. App. 1991); Bossen v. Women's Christian National Library Association, 225 S.W.2d 336 (Ark. 1949).&lt;br /&gt;11 IV. A. A. Scott, The Law Of Trusts, sec 384.1 at 2778. See also Holt, 61 Cal.2d at 756-757.&lt;br /&gt;12 See Henry B. Hansmann, Reforming Nonprofit Corporation Law, 129 U. Pa. L.R. 497 (1981).&lt;br /&gt;13 RSA 292:2, III.&lt;br /&gt;14 See Department of Revenue Administration Report on Tax Exempt Property, Exhibit 6.&lt;br /&gt;15 See RSA 7:19, 7:20, 7:22, 7:24.&lt;br /&gt;16 See Attorney General v. Rochester Trust Co., 113 N.H. 74, 76 (1975) ("it is well settled that the attorney general is a necessary party in any proceedings involving cy pres, or deviation or termination of charitable trusts ¼ we hold that the attorney general is not only a necessary party in such cases but may also be the initiating party").&lt;br /&gt;17 See RSA 547:3-d.&lt;br /&gt;18 RSA 547:3-h.&lt;br /&gt;19 RSA 547:3-d.&lt;br /&gt;20 Queen of Angels v. Younger, 66 Cal.3d 359 (1977).&lt;br /&gt;21 The charter of Queen of Angels permitted it to "establish, ¼ own ¼ maintain ¼ and operate a hospital in the City of Los Angeles" and to educate nurses and medical students. The facts showed that from the date when the hospital was incorporated to the date of the lease, the corporation had continuously operated a hospital. In addition, the hospital had represented to the public that it was a hospital in soliciting donations and public support. In its review the court stated, "The articles of incorporation alone -- without resort to additional evidence -- compel the inference that although Queen is entitled to do many things besides operating a hospital, essential to all those other activities is the continued operation of a hospital." Id. at 368.&lt;br /&gt;22 Id. at 368-69.&lt;br /&gt;23 Id., citing Holt v. College of Osteopathic Physicians &amp;amp; Surgeons, 61 Cal.2d 750 (1964). In Holt, three trustees brought an action to enjoin a breach of charitable trust seeking injunctive relief to prevent the threatened change in corporate purpose. The college was incorporated in 1914 to establish and maintain a medical and surgical college in osteopathic medicine; in addition, by charter its members staffed the Los Angeles Osteopathic Hospital and ran clinics using that form of medical treatment. In 1961 the college trustees voted to amend the charter to run and accredit an allopathic medical school at the same facility, eliminating osteopathic medicine from its curriculum. Plaintiffs contended that the trustees' actions had the purpose and effect of abandoning the organization's main charitable purpose, which was to run an osteopathic medical school, and convert it into a school teaching non-osteopathic medicine. Id. at 761.&lt;br /&gt;24 Attorney General v. Winsted Memorial Hospital, Conn. Superior Court, Judicial Dist. at Litchfield, No. CV-96-00711936-S (unreported decision).&lt;br /&gt;25 Rest. 2d of Trusts, sec. 381; G.G. Bogert, The Law of Trusts and Trustees, (2d ed. rev.), sec. 561, at 225-277. IV. A. A. Scott, The Law Of Trusts, sec. 381, at 323-33.&lt;br /&gt;26 In Re Certain Scholarship Funds, 133 N.H. 227, 240 (1990), Brock, C.J., dissenting, and citing Jacobs v. Bean, 99 N.H. 239, 241-42 (1954).&lt;br /&gt;27 See Chwalek v. Dover School Comm., 120 N.H. 864 (1980).&lt;br /&gt;28 1881 N.H. Laws ch. 178.&lt;br /&gt;29 Id.&lt;br /&gt;30 Id; 1909 N.H. Laws ch. 309; 1959 N.H. Laws ch. 357.&lt;br /&gt;31 Articles of Agreement of Catholic Medical Center, Article II.A.&lt;br /&gt;32 Id., Article II.F.&lt;br /&gt;33 Id., Article II.C.&lt;br /&gt;34 Id. (capitalization in original). A copy of the seventy specific "Ethical and Religious Directives of the Catholic Health Facilities," ("Ethical Directives") which integrate Catholic theology and Catholic health care, is attached as Exhibit 22.&lt;br /&gt;35 See, e.g., Ethical Directive no. 3:&lt;br /&gt;In accord with its mission, Catholic health care should distinguish itself by service to and advocacy for those people whose social condition puts them at the margins of our society and makes them particularly vulnerable to discrimination; the poor; the uninsured and the underinsured; children and the unborn; single parents; the elderly, those with incurable diseases and chemical dependencies; racial minorities; immigrants and refugees. In particular, the person with mental or physical disabilities, regardless of the cause or severity, must be treated as a unique person of incomparable worth, with the same right to life and to adequate health care as all other persons.&lt;br /&gt;36 The pre-merger discussions were at arms-length to avoid violating the strict requirements of anti-trust law.&lt;br /&gt;37 A copy of the Merger Agreement is attached as Exhibit 20.&lt;br /&gt;38 Optima, CMC, Elliot Health Systems, and Fidelity Health Alliance were all incorporated as voluntary nonprofit corporations under RSA ch. 292.&lt;br /&gt;39 See, e.g., Letter from Robert Cholette and Phillip Ryan to Representative Zeliff, July 27, 1993, Exhibit 18.&lt;br /&gt;40 Board of Mayor and Aldermen Minutes of September 7, 1993, Exhibit 7.&lt;br /&gt;41 Union Leader, 7/5/93, Scott Goodspeed "¼ we do know we will continue to operate two acute care sites." Sylvio Dupuis, "The fundamental decision has been arrived at to have two acute care sites. It's very important to patients and their families to have access to a wide array of services."&lt;br /&gt;42 Letter, dated November 29, 1993 from William Donovan to Walter L. Maroney.&lt;br /&gt;43 Board of Mayor and Aldermen Minutes, September 7, 1993, Exhibit 7, at 7 (statement of Mr. Cholette).&lt;br /&gt;44 Merger Agreement, Exhibit 20, ¶ 11.&lt;br /&gt;45 Optima Health, Inc. Amended Articles of Agreement, Art. II, at 3. Under the Merger Agreement, Optima was to be "the head of a community based health care system ¼ which has both Catholic and non-Catholic elements. OPTIMA will not be identified as operated under the auspices or control of any particular religious denomination or any other group." Merger Agreement, at ¶ 10.&lt;br /&gt;46 "FHA, EHS, Catholic Medical Center, and Elliot Hospital share a long tradition of appreciating the importance of spiritual, ethical, and moral support in caring for patients. They share a commitment of a respect for life in the delivery of health care services. They are committed to affording their patients the right to address issues of life and death with dignity, with the caring support of family and hospital, and with the best interests of the patient in mind." Id., at ¶ 10.&lt;br /&gt;47 See Medical Staff Resolution of December 27, 1997, Exhibit 11.&lt;br /&gt;48 The "Network Members" include Optima Healthcare and Covenant Health Systems and their tax exempt affiliates. The tax exempt affiliates include CMC, Elliot Hospital, Hillcrest Terrace, Inc., Alliance Resources, Inc., Visiting Nurse Association of Manchester and Southern N.H., Inc., Women's Aid Home, CMC Regional Cardiac Foundation, CMC Physician Practice Association, VNA Home Health and Hospice, VNA Management Service, Inc., VNA Personal Services, Inc., VNA Community Services, Inc., Covenant Health Systems, St. Joseph's Hospital, and the SurgiCenter at St. Joseph's Hospital.&lt;br /&gt;49 See Optima Healthcare Documents, IRS Ruling Request, Exhibit 36, at 19. ("The structure and governance of OHC were largely influenced by the fact that SJH is a Catholic-sponsored organization.").&lt;br /&gt;50 See Optima Healthcare Network; Boards and Management, Exhibit 35; and Joint Operating Agreement, Exhibit 36.c.&lt;br /&gt;51 Elliot Hospital, a corporation created by statute, is not governed by RSA ch. 292, but remains subject to the general principles of corporate law and to the obligations of a charitable corporation. We do not address the legal question of whether, as a legislatively created entity, the Legislature retains the sole authority to amend the charter. Even were that the case, the public would be included in the process of revisions and would receive notice of the changes through the legislative process.&lt;br /&gt;52 See Chronology of Corporate and Other Records, Exhibit 3, for a schematic review of the corporate history of all entities discussed in this Report.&lt;br /&gt;53 Beginning in 1976, public members were nominated by a large Board of Incorporators.&lt;br /&gt;54 Fidelity Health Alliance was a 501(c)(3) voluntary corporation established on May 9, 1985 under RSA ch. 292 for the purpose of furthering the programs of CMC. Originally called Catholic Medical Center (during a time when CMC's name was Catholic Medical Center Hospital), the supporting organization's name was changed to Catholic Health Alliance in January 1989, and to Fidelity Health Alliance in August of 1990. Fidelity Health Alliance's Articles of Incorporation provided that in the event of termination or dissolution, its remaining assets would revert to the Bishop of Manchester. Fidelity Health Alliance Articles of Incorporation, Exhibit 2.f, Article 4.&lt;br /&gt;55 Although at the time of the merger CMC's Articles of Agreement did not name Fidelity Alliance as a member, the Articles of Alliance Resources, Inc., previously Catholic Medical Center Networks, did name Catholic Health Alliance, the predecessor to Fidelity Health Alliance, as a member. This suggests that the Catholic Health Alliance understood the requirements of RSA 292:2, II-a. When Catholic Health Alliance became a member of Alliance Resources, CMC may have elected not to name Catholic Health Alliance as its own member because CMC controlled Catholic Health Alliance through the participation of five of its board members on the nine member Catholic Health Alliance Board.&lt;br /&gt;56 CMC's last-minute change to its Articles of Agreement appears to have been done to bring CMC's Articles into conformity with earlier changes in its bylaws. During our review, Optima provided copies of CMC bylaws as amended April 13, 1989 and October 24, 1990. Under these bylaws, first Catholic Health Alliance and later its successor Fidelity Health Alliance were designated as the sole member of CMC. The bylaws gave the sole member sole authority to amend CMC's bylaws, and provided that in the event of dissolution, CMC's remaining assets would revert to the sole member, if still existing as a nonprofit organization, and if not, to the Roman Catholic Diocese. The sole member was also given responsibility for choosing trustees and appointing officers, and at one point the bylaws provided that "[a]t all times the Board of Trustees of Catholic Medical Center shall include a simple majority of the individuals then serving as the Trustees of Catholic Health Alliance." CMC bylaws as amended 4/13/89, Article II, §1(2). All of these provisions are inconsistent with CMC's Articles of Agreement on file with the Secretary of State at the time of the bylaw amendments. In particular, the dissolution provisions directing distribution of the assets to the sole member upon termination may violate the "nondistribution constraint" and the requirement of CMC's articles of organization that any assets remaining upon dissolution would go to the Catholic Church.&lt;br /&gt;57 Elliot Hospital constitution and bylaws as amended 1/27/93; Constitution, Art. III and IV.&lt;br /&gt;58 Id.; Bylaws, Art. I and XV.&lt;br /&gt;59 In correspondence with Dr. Wayne L. Goldner, dated September 30, 1997, Patrick Duffy, Chairman of the Board of Optima Health, Inc., stated that "The corporate documents pertaining to" the consolidation of Elliot Hospital and Catholic Medical Center "are on file at the Secretary of State's Office," and that "[o]ther files and records associated with these transactions are proprietary and, as such, are not available for distribution." See Goldner/Duffy Correspondence, Exhibit 12. As noted above, our review has determined that the publicly available file at the Secretary of State's Office does not disclose the full scope and extent of Optima's consolidation of the hospitals' governance and corporate structure. See Chronology of Corporate and Other Records, Exhibit 3.&lt;br /&gt;60 Minutes of the February 23, 1995 meeting of the Optima Health System Consolidation Subcommittee reflect that management presented highlights from the 1993 pre-merger studies provided by Ernst and Young and Jones, Day that illustrated the potential savings which could be achieved if acute care services were consolidated at a single site. When one of the members of the systems consolidation subcommittee observed that all data was being driven by the fact that a single acute care site would be recommended and approved, and asked whether there was data that would inform Optima as to the impact of doing nothing or leaving a major service at the site that was not selected as the acute care site, the minutes do not reflect that Optima presented analysis of that option to its trustees. See Exhibit 29.&lt;br /&gt;61 Union Leader, 4/15/93 "Last month officials of both holding companies denied a report by WMUR-TV, Channel 9, that the two hospitals wanted to merge. Yesterday, Phillip B. Ryan, president and CEO of Elliot Health System, again said the two hospitals are not about to merge." Union Leader, 6/26/93 Robert Cholette, "[The merger of the two hospitals] is not on the drawing board." "I don't see the two hospital organizations merging." "In the end, the combined non-profit holding company would have an annual operating budget of $225 million, employ 2,400 people, and oversee the administration of two hospitals ¼."&lt;br /&gt;62 Scott Goodspeed Testimony, Exhibit 25, at 5-8, "We had the trauma center at the Elliot. ¼ CMC had one of the preeminent cardiac surgery programs in New England. And so you can envision, you know, based on evidence in clinical areas that's how the sites would be configured."&lt;br /&gt;63 1993 Memorandum of Understanding, Exhibit 30, Section I, Paragraph J.&lt;br /&gt;64 Board of Mayor and Aldermen Minutes, Exhibit 7, at 2.&lt;br /&gt;65 Id. at 8.&lt;br /&gt;66 Id. at 3 (statement by Mr. Cholette); 1993 FTC Memorandum, 9/9/93, Exhibit 32, "The merger of these two hospital systems into a single integrated network will result in savings of over $150 million in ten years." ¼ "$150 million [dollars] in savings over ten years that the hospitals have focused on represents what they have verified through their task forces can be achieved over ten years, with acute care services divided between the two sites in a manner that minimizes costs;" Union Leader, 6/26/93, "The companies estimate that the merger will save them $150 million over the first 10 years of affiliation, all of which would be passed on to consumers in the form of lower fees for service, better equipment and expanded services."&lt;br /&gt;67 Testimony of Dr. Maria Alicia Davila, Exhibit 15, at 17-19.&lt;br /&gt;68 See, e.g., Letter from Phillip Ryan and Robert Cholette to Representative Zeliff, July 27, 1993, Exhibit 18.&lt;br /&gt;69 Hospital Licensing Documents and Summary, Exhibit 5.&lt;br /&gt;70 Chronology of Corporate and Other Records, Exhibit 3.&lt;br /&gt;71 The adoption of a timeline for identifying the acute care site occurred less than two weeks after a press report by Optima that it was "feeling the pressure of a rapidly changing health-care system" and "speeding up by at least a year its plans to combine the former Elliot and Fidelity Health companies." Union Leader, 8/4/94.&lt;br /&gt;72 See Executive Summary to the CON Board of Optima Health, Inc. ("CON Executive Summary"), Exhibit 21.&lt;br /&gt;73 Testimony of Robert Cholette, Exhibit 38, at 103-105; Testimony of Phillip Ryan, Exhibit 39, at 115-120.&lt;br /&gt;74 Minutes of Optima Health System Consolidated Subcommittees, 2/9/95. "At this time all data is being driven by the fact that a single acute care site will be recommended and approved."&lt;br /&gt;75 Optima's failure to undertake additional financial analysis after the merger is of particular concern given the antitrust constraints imposed upon any pre-merger financial analysis.&lt;br /&gt;76 See CON Executive Summary, at 5 "No decision on the consolidation of acute care services was initially made, however, the studies completed post-merger were compelling on this issue."&lt;br /&gt;77 See CON Application, at 79.&lt;br /&gt;78 See Inventory of Documents, Exhibit 1. The documents reflect that Optima's trustees voted to make these changes to the composition of the hospitals' boards. Documentation of these changes has not been filed with the Secretary of State.&lt;br /&gt;79 Wentworth Douglas Hospital in Dover also has entered into a limited affiliation with Optima Healthcare.&lt;br /&gt;80 See Optima Healthcare Network, Exhibit 35; Testimony of Patrick Duffy, Exhibit 41, at 76-77; Tax Exempt Organizations Ruling Request, Summary, Exhibit 36.b, at 12.&lt;br /&gt;81 See Board of Mayor and Aldermen Minutes, Exhibit 7, at 4, "Both of us are locally governed health care organizations, our Boards reflect people that live here, work here, pay the health care bills and get their services at one or both of our institutions and they said find out what the community thinks about this because ultimately if we are to redesign the health care system and come up with a better way it should reflect what the community thinks is the right thing to do."&lt;br /&gt;82 Optima officials themselves appear confused over the respective roles of Optima Health, Inc. and Optima Healthcare. Thus, Harold Acres, Chairman of the Board of Optima Healthcare, described an annual budgeting process in which the Optima Healthcare board essentially approved budgets for the hospitals prepared by Optima Health, Inc. and its constituent hospitals. Testimony of Harold Acres, Exhibit 43, at 46-52. Patrick Duffy, Chairman of Board of Optima Health, Inc., described a process by which Optima Healthcare establishes an operating budget subject to approval by Optima Health, Inc. Duffy Testimony, at 74-75.&lt;br /&gt;83 CMC's pre-merger credentialing criteria required that physicians practicing at CMC agree to abide by the Ethical Directives. The post-merger common credentialing criteria for Elliot and CMC does not require compliance with the Ethical Directives at either institution.&lt;br /&gt;84 CON Executive Summary, Exhibit 21, at 3.&lt;br /&gt;85 Id., at 3.&lt;br /&gt;86 Ryan Testimony, at 13-14.&lt;br /&gt;87 These documents -- which Optima has designated as confidential -- are at odds with Optima's consistent public statements that the consolidation of acute care at the Elliot campus and the non-acute care at the CMC campus does not indicate an intent to close Catholic Medical Center.&lt;br /&gt;88 See Joint Operating Agreement, Exhibit 36.c.&lt;br /&gt;89 In or about January, 1998, Optima sold the building, improvements and leasehold on land adjacent to the CMC hospital site owned by CMC or an affiliated entity. Documents reviewed by this office do not establish whether any portion of the proceeds of that sale have been reserved for, or directed to, the benefit of CMC.&lt;br /&gt;90 Optima's internal confusion is evidenced by the conflicting statements of its board members and management. Thus, in sworn testimony to the Attorney General, Mr. Ryan stated that the Bishop of the Diocese may retain authority to determine which of the seventy Ethical Directives will apply to the acute care services provided at Elliot Hospital. Ryan Testimony at 51-56. By contrast, Mr. Cholette testified that the Ethical Directives do not apply to Elliot. Cholette Testimony at 18-20. Patrick Duffy, Chairman of the Board of Optima Health, Inc., first testified that the Directives do apply to all health care procedures at Elliot, then, after consultation with counsel, suggested that they only apply to abortion procedures. See Duffy Testimony at 107-109. Monsignor John Quinn, who served as the Diocesan representative on the boards of CMC and Fidelity Health Alliance and is now a Trustee of Optima Healthcare, testified to his understanding that, under appropriate circumstances, the Ethical Directives allow for the merger of a religious hospital with a secular institution which continues to perform procedures, such as elective sterilization, that are not permitted under Catholic doctrine. He concluded that the Ethical Directives do not apply at Elliot, except to abortion procedures by virtue of the recently announced policy. Testimony of Monsignor John Quinn, Exhibit 40, at 15-18.&lt;br /&gt;91 Davila Testimony, Exhibit 15, at 11-13.&lt;br /&gt;92 1997 Termination of Pregnancy Policy, Exhibit 10.b.&lt;br /&gt;93 Before the merger, Philip Ryan, CEO of Elliot Health, advised Robert Cholette, CEO of Fidelity Health, and others that Elliot's policy with respect to termination of pregnancy mirrored that of CMC. Ryan Testimony at 33-39; Cholette Testimony at 20-24. Mr. Ryan made the same representation to the Manchester Board of Aldermen, Board of Mayor and Aldermen Minutes, at 2, 9. Critically, Elliot Health representatives also made this representation to Monsignor Quinn and Diocesan representatives. Monsignor Quinn Testimony, at 5-8; Affidavit of Monsignor Quinn in Moreau v. Optima Health, Exhibit 16.&lt;br /&gt;In fact, clinical records of pregnancy terminations at Elliot that could not have been performed at CMC under the Ethical Directives were known to the OB/GYN staff and were readily accessible to Elliot's management. In 1994, the Chairman of the Obstetrics Department at Elliot Hospital, Dr. Robert B. Cervenka, informed Philip Ryan that physicians at Elliot Hospital performed terminations for Trisomy 21, or Down Syndrome, and questioned Mr. Ryan regarding whether the merger would affect the physicians' practices. According to Dr. Cervenka, Mr. Ryan informed him that after the merger, the Ethical Directives would apply only within the four walls of CMC, and would not affect the policies or practice at Elliot Hospital. Up to and even after the merger, Mr. Ryan assured Dr. Cervenka and other physicians that the practice of medicine at Elliot would not be altered by the merger. Testimony of Dr. Robert Cervenka, Exhibit 13, at 26-37.&lt;br /&gt;Optima's former managing director for marketing also testified to Optima's continuing lack of candor over this issue in deposition testimony in a pending lawsuit involving Optima, Moreau v. Optima Health, No. C-97-329, Hillsborough County Superior Court, 1997. In sworn testimony in connection with a law suit against Optima by the employee whose disclosure of the abortion practices at Elliot may have resulted in his loss of employment, Ms. Laurie Storey-Manseau stated that, as recently as 1996, Optima management was still attempting to maintain the public fiction that no elective abortions were ever performed at Elliot. Excerpts from Deposition of Laurie Storey-Manseau, Exhibit 17, at 12-16.&lt;br /&gt;94 See note 90, supra.&lt;br /&gt;95 Compare, Duffy Testimony, Exhibit 41, at 112-116 (administration of abortifacients permitted) with Quinn Testimony, Exhibit 40, at 48-50 (treatment may depend on confirmation of pregnancy).&lt;br /&gt;96 The physicians voiced a concern that Catholic doctrine forbids any form of treatment of tubal pregnancies which involve direct termination of the pregnancy, without removal of the affected organ. Cervenka Testimony, at 74-76; Testimony of Dr. Wayne Goldner, Exhibit 14, at 85-87.&lt;br /&gt;97 Quinn Testimony, at 49-50 (Directives do not permit "direct attack on fetus"); Duffy Testimony, at 109-112 (Policy intended to mirror Ethical Directives with respect to extrauterine pregnancies).&lt;br /&gt;98 1993 FTC Memorandum, Exhibit 32, at 3.&lt;br /&gt;99 William Donovan Letter to Walter Maroney, November 29, 1997, Exhibit 27.&lt;br /&gt;100 Optima has now agreed that these "merger report cards" may be produced to the public. See Exhibit 24.&lt;br /&gt;101 When examining historical performance or reporting actual cost savings, the generally accepted accounting method is to examine actual cost reductions per unit of service actually delivered. It is necessary to adjust the analysis by considering savings per unit of service, as any gross analysis will fail to account for savings attributable to decreases in units of service delivered. This criticism of Optima's cost savings methodology was voiced by John Lynch, a Trustee of Optima Healthcare. See John Lynch Testimony, Exhibit 42, at 44-55.&lt;br /&gt;102 Board of Mayor and Aldermen Minutes, Exhibit 7, at 7.&lt;br /&gt;103 Support Letter by Adele B. Baker, Secretary, CMC Board of Trustees, August 27, 1993, Exhibit 28.&lt;br /&gt;104 1993 FTC Memorandum: "Manchester has incurred an influx of residents with poverty or near-poverty level incomes, who have health care needs that are beyond their financial means. The consolidation will enable the combined facilities to redirect resources consumed by underutilized, duplicative equipment into meeting the current needs." 1993 FTC Memorandum, Exhibit 32, at 15.&lt;br /&gt;&lt;br /&gt;NEW HAMPSHIRE ATTORNEY GENERAL'S REPORT ON OPTIMA HEALTH&lt;br /&gt;MARCH 10, 1998&lt;br /&gt;&lt;a href="http://doj.nh.gov/publications/#es"&gt;EXECUTIVE SUMMARY&lt;/a&gt; &lt;a href="http://doj.nh.gov/publications/#1"&gt;I. INTRODUCTION&lt;/a&gt; &lt;a href="http://doj.nh.gov/publications/#2"&gt;II. DESCRIPTION OF THE REVIEW&lt;/a&gt; &lt;a href="http://doj.nh.gov/publications/#3"&gt;III. LEGAL PRINCIPLES GOVERNING CHARITABLE TRUSTS&lt;/a&gt; &lt;a href="http://doj.nh.gov/publications/#4"&gt;IV. HISTORY AND CHRONOLOGY&lt;/a&gt; &lt;a href="http://doj.nh.gov/publications/#5"&gt;V. LEGAL ANALYSIS AND FACTUAL FINDINGS&lt;/a&gt; &lt;a href="http://doj.nh.gov/publications/#6"&gt;VI. CONCLUSION&lt;/a&gt;&lt;br /&gt;EXECUTIVE SUMMARY&lt;br /&gt;This report is occasioned by profound concern within the Manchester community involving the conduct and ultimate fate of the City's two community hospitals -- Elliot Hospital ("Elliot") and the Catholic Medical Center ("CMC") -- under the control and stewardship of Optima Health, Inc., and Optima Healthcare ("Optima"). The report is issued pursuant to the common law and statutory authority of the New Hampshire Attorney General as the Director of Charitable Trusts to oversee New Hampshire charitable institutions and to preserve and protect New Hampshire charitable assets.&lt;br /&gt;The Attorney General has intervened in this matter to review and address four central issues. First, we have examined the legality and practical effect, under New Hampshire charitable law, of Optima's decision to consolidate all acute care services previously performed at Elliot Hospital and CMC at the Elliot campus, effectively terminating the century-old charitable mission of CMC and its predecessors to serve as an acute care Catholic hospital within the City of Manchester.&lt;br /&gt;Second, we have examined the legal and practical effect of the merger of a religious and a secular hospital into a single health care system. In particular, this review has focused on Optima's recent attempts to clarify the application of Catholic ethical requirements to the provision of services at facilities within the Optima system, a process which has engendered significant controversy within the medical establishment and the Manchester community.&lt;br /&gt;Third, we have reviewed Optima's decision-making process, particularly with respect to its decision to consolidate at a single acute care facility and its decision to reorganize governance of the organization.&lt;br /&gt;Fourth, we compared Optima's recent conduct to its commitments at the time of the 1994 merger, that it would publicly account for savings resulting from the merger, that it would return those savings to the local community, and that local control of the community's hospitals would be preserved.&lt;br /&gt;Both CMC and Elliot are nonprofit charitable institutions and are bound by a social contract to the local community. Through their trustees and management, Elliot and CMC have a fiduciary duty to preserve and to protect their charitable assets and to ensure that those assets are used for purposes consistent with the fundamental charitable missions of the respective institutions.&lt;br /&gt;The traditional reference point for the behavior of charitable trusts was articulated by New York's Judge Cardozo in 1929:&lt;br /&gt;Many forms of conduct permissible in a workaday world for those acting at arm's length, are forbidden by those bound by fiduciary ties. A trustee is held to something stricter than the morals of the market place. Not honesty alone, but the punctilio of honor the most sensitive, is then the standard of behavior. As to this there has developed a tradition that is unbending and inveterate. Uncompromising rigidity has been the attitude of the courts of equity when petitioned to undermine the rule of undivided loyalty.(1)&lt;br /&gt;Judge Cardozo was speaking of the duties of a trustee in a commercial context, but his analysis has been applied to the management of a charitable corporation. The heightened duty of loyalty to the beneficiary community requires that the managers of charitable trusts be judged by a stricter standard of duty and care than the managers of ordinary for-profit corporations, who are accountable to the company's shareholders, not to the community as a whole.&lt;br /&gt;More broadly, as public charities, both hospitals -- and any organization which purports to control them -- owe their served communities important duties of candor and inclusion. Stated simply, this means that a public charity must deal with its community honestly and is required to fully and completely disclose facts relevant to its charitable mission. A charitable institution may not properly exclude the community, or the Director of Charitable Trusts, either by design or inadvertence, from having a voice in fundamental decisions affecting the continuing capacity of the institution to fulfill its historic charitable mission.&lt;br /&gt;Optima has received significant benefits from the Manchester community, including exemption from property taxes. As a not-for-profit corporation, it also has access to low-interest bond financing, and the ability to accept tax deductible charitable donations for activities in furtherance of its mission. In a letter to the Attorney General's Office discussing the future of Elliot Hospital and CMC after the proposed merger of their supporting organizations into a joint institution under the name of Optima Health, Inc., Elliot's counsel described the two hospitals as a "public servant to the community." As a public servant, Optima's actions must be judged by how they benefit the community that founded and continues to support it. Optima's mission must reflect the values of the community it serves.&lt;br /&gt;It is the role and duty of the Attorney General and the Probate Court to enforce the fundamental duties of charitable institutions. This role is ordinarily carried out through the actions of cy pres, deviation or quo warranto, each of which involves a petition to the Probate Court to secure that Court's approval of changes in, or the termination of, a charitable trust's fundamental mission.&lt;br /&gt;As a result of this review, the Attorney General makes the following findings:&lt;br /&gt;* After the 1994 merger of the supporting organizations, Optima failed to provide notice to the Director of Charitable Trusts and/or to seek the approval of the Probate Court under the doctrines of cy pres or deviation for the following fundamental changes to the charitable missions of the respective community hospitals:&lt;br /&gt;* The effective termination of CMC's historical charitable mission as an acute care religious hospital by the removal of all acute care services from CMC and the conversion of CMC to a psychiatric and rehabilitation facility.&lt;br /&gt;* The effective termination of CMC and Elliot as community-based hospitals by the consolidation of all acute care services at a new integrated acute care facility controlled by Optima and Optima Healthcare.&lt;br /&gt;* The effective termination of CMC and Elliot as distinct community-based hospitals by the evisceration of their independent boards of trustees and the substitution in their place of mirror boards controlled by Optima and Optima Healthcare.&lt;br /&gt;* The restructuring of internal governance within Optima in a manner which effectively transferred governance from a local community-based entity to a regional organization.&lt;br /&gt;* The record presented to our office does not demonstrate that the actions addressed in this report would merit approval by the Probate Court under the doctrine of cy pres. Under cy pres, a party seeking to radically alter or terminate the mission of a charitable trust must show (i) that it is impossible, impracticable, illegal, obsolete or ineffective, or prejudicial to the public interest to continue the mission of the charity; and (ii) that the successor organization or alternative use toward which the assets of the charity will be directed fulfills as nearly as practicable the mission of the original charitable trust.(2) Measured by these standards:&lt;br /&gt;* Optima has not established that it is impossible or impracticable to continue providing acute care services at CMC. In fact, Optima performed no post-merger financial analysis to support its decision to consolidate all acute care services at the Elliot campus. The pre-merger financial analyses relied on by Optima as justification for the proposed consolidation do not support Optima's position that consolidation at a single acute care site is necessary to achieve the $150 million in savings projected at the time of the merger.&lt;br /&gt;* Optima has not demonstrated that it is necessary, or consistent with the distinct charitable missions of the hospitals, to cede all or virtually all of the hospitals' and/or Optima's corporate powers to Optima Healthcare, a regional joint operating company.&lt;br /&gt;* Optima has not defined the fundamental mission and attributes of the regional health care system into which it seeks to merge both CMC and Elliot. This failure is most clearly demonstrated by Optima's unsuccessful attempt to delineate the application of Catholic moral doctrine to the provision of health care services in its integrated hospital system -- either in terms of continuing CMC's traditional commitment to the indigent or concerning any restraints dictated by Catholic moral doctrine on health care services outside CMC.&lt;br /&gt;* Optima has not fulfilled its duty of candor to the community and its duty of inclusion of the Director of Charitable Trusts and the community. This failure has occurred in the following ways:&lt;br /&gt;* Optima failed to include the community in its decision-making process regarding its plan to consolidate all acute care services within both hospitals at a single campus. This plan existed as an option prior to the 1994 supporting organizations merger and was proposed, without additional post-merger financial analysis, within months of the consummation of the merger.&lt;br /&gt;* Optima officials have maintained in public comments that consolidation of acute care services at a single site was not actively considered prior to the merger, and was only adopted after compelling post-merger analysis. The Ernst &amp;amp; Young pre-merger study evaluated consolidation at a single site as an option. Optima did not conduct any additional post-merger financial analysis of this option before submitting its Certificate of Need application to the New Hampshire Health Services Planning and Review Board seeking approval to consolidate all acute care at a single site.&lt;br /&gt;* Optima adopted a corporate structure which stripped both Elliot and CMC of independent corporate authority by transferring that authority to itself, and subsequently ceding it to Optima Healthcare, a regional joint operating company. This action constitutes a repudiation of prior statements and promises by Optima representatives that, after the 1994 supporting organizations merger, the hospitals would remain as vital, locally controlled institutions.&lt;br /&gt;* Optima did not fully inform the community of the impact of the joint operating agreement on corporate governance and control of the hospitals. Optima currently maintains that, notwithstanding the effect of its corporate structure on the charitable missions of the respective hospitals, the specifics of this corporate structure and organization remain a confidential business matter.&lt;br /&gt;* Prior to the 1994 supporting organizations merger, the management of Elliot Hospital failed to disclose to the public, to the Diocese of Manchester and to the trustees of each institution readily available facts which demonstrated that Elliot's practices with respect to termination of pregnancy were not consistent with Catholic moral doctrine. As a result, the merger went forward on the assumption that Elliot and CMC had identical practices and policies regarding abortion. This was not, and had never been, the case.&lt;br /&gt;* Optima's application of Catholic moral doctrine to hospital operations through a recently announced policy is unfocused, incomplete and confusing. While the policy purports to address terminations of pregnancy, it does not specify affected procedures, and does not address sensitive issues concerning the scope of the policy with respect to victims of rape or persons suffering from extrauterine pregnancies. The policy also leaves unaddressed the fundamental issue of whether Catholic moral and ethical doctrines will be applied, directly or by implication, to other health care services traditionally available at Elliot Hospital. These include, at a minimum, family planning counseling and elective sterilization procedures.&lt;br /&gt;* Optima failed to include the community in a candid discussion of the clinical and ethical implications of the merger of a traditionally religious institution with a secular institution, the practices of which are in many cases not consistent with Catholic doctrine. This has led to the formation -- without any public examination -- of a successor entity whose attributes are defined on an ad hoc basis, without consideration of the fundamental and distinct charitable missions of either hospital.&lt;br /&gt;* Optima represented that it would establish a public accountability system to document the success of the merger and then failed to do so. Optima has maintained that information required to measure its success is a confidential business matter.&lt;br /&gt;* Significant legal questions exist relative to the corporate documentation and procedures used to effect the 1994 merger of Elliot Health Systems and Fidelity Health Alliance, supporting organizations for the two hospitals. The questions are so fundamental as to call into issue whether the 1994 supporting organizations merger effectively vested Optima Health, Inc. (or its current "parent" Optima Healthcare, Inc.) with ownership of, or authority over, the assets and internal governance of the hospitals.&lt;br /&gt;* Actions taken by Optima which have affected the fundamental charitable missions of the hospitals, including in particular the change in corporate governance and the decision to terminate acute care services at CMC, may be ultra vires and without legal effect.&lt;br /&gt;Optima is and continues to be an institution which provides a broad range of quality health services to the citizens of Manchester and surrounding communities. However, this is not the sole standard by which a charitable health care institution must be measured.&lt;br /&gt;Optima appears to have developed a corporate culture, led by management and acquiesced in by its trustees, which assumes that the delivery of health care is best left exclusively to the sole judgment of management. The fundamental error in this assumption is amply demonstrated by the broad loss of faith within the Manchester community in Optima and its constituent institutions.&lt;br /&gt;This situation is not sustainable. Optima's decision to consolidate acute care services at Elliot Hospital and its decision to effectively terminate local community governance through regionalization must be reviewed in and by the public -- including the Probate Court -- which is by law vested with jurisdiction to review such actions.&lt;br /&gt;I. INTRODUCTION&lt;br /&gt;In 1994, Fidelity Health Alliance ("Fidelity") and Elliot Health Systems ("Elliot Health"), supporting organizations that provided administrative and operational assistance respectively to Catholic Medical Center and Elliot Hospital, merged into Optima Health, Inc. ("Optima"). At the time of the merger, Optima stated that the consolidation of these two supporting organizations would improve the cost effectiveness of health care in the Manchester community by eliminating duplication in services and costs.&lt;br /&gt;Sylvio Dupuis, CEO and President of Catholic Medical Center, and Scott Goodspeed, CEO and President of Elliot Hospital, assured the Manchester community that the two acute care hospitals would continue to operate after the merger. So confident was Optima that the merger of the two supporting institutions, in conjunction with the operation of the two acute care hospitals, would produce cost savings for the community, that it pledged as a "public servant to the community" to institute through the two hospitals "an annual public written reporting responsibility comparing the hospitals' efforts with other comparable institutions across a wide variety of indicators, national benchmarks, and standards." Optima would measure its success by "cost efficiency, quality indicators, patient satisfaction, and outcome measures as well as broad indicators of the health status of the communities."(3)&lt;br /&gt;In the four years since the merger, Optima has instituted radical changes in Manchester's health care delivery system. In so doing, it stripped CMC and Elliot of their separate corporate identities, eliminated the community-based governance structure of these charities, changed the essential core mission of CMC, and transferred control over these hospitals to a regional conglomerate, Optima Healthcare, Inc. ("Optima Healthcare").&lt;br /&gt;The actions taken by Optima following the 1994 merger of the supporting organizations reflect its belief that the merger conferred unbridled authority upon it to institute whatever organizational changes it believed would produce the anticipated or projected cost savings. Notwithstanding its public statements to the contrary,(4) immediately after the 1994 merger, Optima submitted change of ownership forms to the Department of Health and Human Services in which CMC and Elliot were designated "dba's" for Optima Health. Optima referred to CMC and Elliot as "Optima East Campus" and "Optima West Campus."(5) Optima claims that its treatment of CMC and Elliot as a single combined hospital is justified because it could not achieve the cost efficiencies and quality improvements promised at the time of the merger without consolidating the two hospitals into one. Peter Davis, the interim CEO of Optima, put it this way, "We needed to squeeze the fat out of the system."&lt;br /&gt;Economic efficacy is not dispositive of the question of legality. Proof of convenience, or even a good faith belief in economic "efficiencies," does not resolve the legal question of Optima's authority to merge two charities. That Optima management may have had a good faith belief in the economic wisdom of its decisions is not dispositive of the question of whether the merger of Fidelity and Elliot Health in 1994 authorized Optima to assume ownership and control of CMC and Elliot Hospital, and whether the changes in the mission and governance of CMC and Elliot were so significant as to require notice to the Director of Charitable Trusts and approval by the Probate Court.&lt;br /&gt;As a matter of corporate law, we conclude that significant questions exist as to whether the merger of the supporting organizations, Fidelity and Elliot Health, transferred ownership or control of the hospitals to Optima. We find that the aggregate of actions taken by Optima so significantly changed the missions and governance of CMC and Elliot as to require notice to the Director of Charitable Trusts and the Probate Court. New Hampshire law does not allow two distinct charitable trusts to be effectively terminated by combining them into a third secular organization with mixed religious attributes without (i) proof of impossibility, illegality, or impracticability; (ii) a clear showing that the merged organization has or will have a charitable mission that fulfills as nearly as possible the charitable missions of the hospitals; and (iii) appropriate -- and public -- legal process.&lt;br /&gt;Finally, we conclude that, notwithstanding its promise at the time of the 1994 supporting organizations merger, Optima has failed to establish a system of public accountability by which to measure the success of the merger in producing the projected cost savings and has failed to produce evidence that the Manchester community has benefited through Optima's return of the cost savings to the community.&lt;br /&gt;II. DESCRIPTION OF THE REVIEW&lt;br /&gt;In preparing this report, we have reviewed extensive documentation submitted at our request by Optima or derived from public sources and have taken statements and sworn testimony from a wide variety of individuals associated with or opposed to Optima.(6) Documents reviewed include corporate records establishing the history, corporate organization and charitable missions of Optima Healthcare, Optima Health, Inc., Elliot Hospital, CMC and its predecessor institutions. We examined records of submissions by Optima to regulatory bodies charged with oversight of various activities, including the Federal Trade Commission, the United States Department of Justice, the Health Services Planning and Review Board, the Internal Revenue Service and the Consumer Protection and Antitrust Bureau and Charitable Trusts Unit of this office.(7) We reviewed testimony and affidavits submitted in recent litigation involving Optima, and examined press reports regarding public statements made by Optima and hospital officials with respect to the matters addressed in this report.&lt;br /&gt;We have also taken statements and testimony from 17 individuals. These included senior management of the hospitals at the time of the 1994 merger, present and former senior management of Optima, Inc. and Optima Healthcare, members of the Board of Trustees of Optima and its constituent institutions, Optima staff physicians, a representative of the Diocese of Manchester, a Canon Law consultant involved in the 1994 merger discussions, members of the Save CMC Coalition, and the Coalition For Live Free or Die Healthcare in Greater Manchester.&lt;br /&gt;In addition, we retained financial consultants from the firm of Arthur Andersen &amp;amp; Company to assist us in evaluating Optima's financial structure, the savings projected to result from the 1994 merger and the community accountability system consisting of "report cards" and other records developed to demonstrate realization of such savings.&lt;br /&gt;III. LEGAL PRINCIPLES GOVERNING CHARITABLE TRUSTS&lt;br /&gt;A. What Is A Charitable Trust? New Hampshire's definition of the term "charitable trust" is very broad, including virtually all nonprofit and charitable organizations that operate or hold property within the state.(8) Traditionally, a trust is defined as a fiduciary relationship in which one person or entity manages property for the benefit of another person or entity, known as the beneficiary. Generally speaking, a charitable trust is a trust intended to benefit the community at large, or some specified portion of the community. A charitable trust creates a social contract between the charity and the public beneficiaries. Under New Hampshire law, a charity is not required to be organized as a trust. Many charitable trusts are organized as voluntary or nonprofit corporations.(9) Thus, the term "charitable trust" applies to any organization or entity which holds property for charitable, nonprofit, educational or community purposes. The social benefits that a charitable corporation is expected to provide to the community are defined by its articles of agreement. Although a charitable corporation may not be governed as a trust in every respect, courts have held that the assets of a charitable corporation are impressed with a charitable trust that restricts the use of the assets to the defined purposes of the corporation.(10) While there is some diversity in approach among the cases with regard to the application of trust principles to the assets of charitable corporations, ordinarily the rules that apply to charitable trusts also apply to charitable corporations.(11)&lt;br /&gt;B. Who Owns The Assets Of A Charitable Trust? As with any trust, the assets of a charitable trust must be managed for the benefit of the trust's intended beneficiaries. Charitable trusts, as nonprofit corporations, are generally subject to the "nondistribution constraint." The nondistribution constraint precludes nonprofit corporations from distributing "profits" to their owners, and also precludes the distribution of the assets to the member upon dissolution. "Profits" of a charitable corporation must be applied in strict conformity with the stated charitable objects and purposes.(12) Membership in a charitable corporation does not confer on the member the right to realize economic gain from the operations of the corporation, the right to transfer the membership for value, or the right to dissolve or terminate the corporation and receive the assets upon dissolution.(13)&lt;br /&gt;C. What Benefits Do Charitable Trusts Receive? Most charitable trusts are exempt from local, state and federal taxation. In New Hampshire, the principal tax benefit to a charitable trust is exemption from local property taxation. Annually, Optima and Optima Healthcare receive over $4.5 million in exemptions from local property valuation.(14) To the extent the operations of a charity would otherwise result in assessment of state business enterprise taxes, charitable trusts are exempt from state taxation. In addition, New Hampshire charities may, under certain circumstances, qualify for low-interest bond financing programs offered by the state and may receive and retain tax-deductible gifts and contributions.&lt;br /&gt;D. What Legal Mechanisms Regulate Charitable Trusts And Protect The Public? The Attorney General and the Probate Court have authority to protect the public interest by insuring that charitable trusts conform their acts to their Articles of agreement. The Attorney General's Office, through its Office of Charitable Trusts, is charged with the duty, power and responsibility to supervise, administer and enforce charitable trusts.(15) By statute and under the common law, the Attorney General has standing to bring a judicial proceeding to enforce a charitable trust or to supervise the actions taken by a charitable trust.(16) In general, these proceedings take place in Probate Court, through cy pres, deviation, or quo warranto.&lt;br /&gt;1. Cy Pres&lt;br /&gt;Cy pres is a traditional equitable power exercised by the Probate Court. When property is given in trust for a charitable purpose, and the specified purpose of the trust has become impossible, impracticable or illegal, cy pres allows the property to be applied to another charitable purpose as similar as possible to the purpose of the trust.(17) A charitable trust may be terminated only if the continuance of the trust is impracticable or infeasible, and only with approval from the Probate Court.(18) The purpose of a cy pres proceeding is to allow the Probate Court to determine what the original purpose of the charitable trust is, whether that purpose has become impracticable or infeasible, and if so, what other purpose would be the most closely comparable. The Attorney General is authorized by statute to petition for cy pres.(19)&lt;br /&gt;It is well established that the doctrine of cy pres applies to charitable hospitals, without regard to their form of organization. Cy pres has been applied to prevent an acute care hospital from changing its essential purpose or core mission. In a California case, the Queen of Angels Hospital sought court review of a proposal to lease its main hospital facility, with the exception of the outpatient clinic, and apply the proceeds to establish and operate additional medical clinics in Los Angeles for the needy.(20) After reviewing the hospital's governing documents, the court concluded that the proposal would be inconsistent with the organization's central purpose of maintaining and operating a hospital.(21) The court held that the hospital could not, "consistent with the trust imposed upon it, abandon the operation of the hospital business in favor of clinics" and was bound to its primary purpose of operating a hospital using the assets under its control.(22) As the court explained, "the issue is not whether the new and different purpose is equal to or better than the original purpose, but whether that purpose is authorized by the articles [of incorporation].(23)&lt;br /&gt;In Connecticut, the Attorney General intervened in a situation involving an acute care hospital facility abandoning its historic core mission as an acute-care hospital to become an ambulatory care facility with an emergency room. There, the Hospital trustees voted to close in-patient care and lay off related medical support staff. The Connecticut Attorney General's Office contended that such a fundamental transformation required cy pres action, and the court agreed.(24)&lt;br /&gt;2. Deviation&lt;br /&gt;RSA 547:3-d requires that a charitable trust seek approval from the Probate Court before property is applied to a different charitable purpose. Under the doctrine of deviation, the Court may alter the administration of a trust, if it appears that strict compliance with the terms of the trust "is impossible or illegal, or that owing to circumstances not known to the settlor and not anticipated by him, compliance would defeat or substantially impair the accomplishment of the purposes of the trust.(25) Chief Justice Brock of the New Hampshire Supreme Court has described the doctrine as follows:&lt;br /&gt;Where the dominant objective of a trust remains capable of fulfillment, but its method of accomplishment has been stalled due to a hitch in the administrative machinery, the doctrine of deviation permits a reworking or repair of the administrative mechanism so that the trust purposes may be accomplished effectively. The doctrine of deviation permits changes in the management of all trusts, and in the case of charitable trusts, may be employed to substitute trustees as well as to alter trust conditions.(26)&lt;br /&gt;3. Quo Warranto&lt;br /&gt;The common law writ of quo warranto applies generally to prevent an entity from unlawfully usurping, abusing or misusing corporate powers, and has been used successfully in other states to prevent nonprofit hospitals from merging with for profit entities. The Director of Charitable Trusts may, in addition to other statutory actions, such as declaratory judgment, cy pres and deviation, bring a writ of quo warranto to challenge the lawfulness of a business practice. The New Hampshire Supreme Court has recognized the continued existence of the writ of quo warranto to protect the interests of the public.(27) A writ of quo warranto may also be used to challenge the authority of a corporation to act without proper regulatory and legal approvals.&lt;br /&gt;IV. HISTORY AND CHRONOLOGY&lt;br /&gt;A. Elliot Hospital And Catholic Medical Center&lt;br /&gt;For more than a century, Elliot Hospital, Catholic Medical Center, and its predecessors, Notre Dame Hospital and Sacred Heart Hospital, have ministered to the health care needs of Manchester's various and varying populations as public charitable institutions. In accordance with a grant in the will of Mary Elizabeth Elliot, Elliot Hospital was established in 1881 by a special act of the New Hampshire Legislature.(28) The legislature chartered Elliot Hospital as a "public charity" and tied that charitable status to an exemption from property taxes.(29) In subsequent amendments to the charter of the hospital, successive generations of New Hampshire legislators have reaffirmed the hospital's "public charity" status and tax exemption.(30) While Elliot Hospital has historically had close ties with a number of Protestant denominations, including mandatory representation by certain churches on its board of trustees, the hospital has always been a secular organization.&lt;br /&gt;Catholic Medical Center was established in 1974 as a 501(c)(3) not-for-profit corporation, intended to continue the missions of two predecessor Catholic acute care hospitals, Sacred Heart Hospital and Notre Dame Hospital. These hospitals had served the Catholic and immigrant populations of Manchester and surrounding communities for nearly a century. In its Articles of Agreement, CMC established as its first and primary purpose the establishment and operation of "a hospital in the City of Manchester, State of New Hampshire, without pecuniary gain and without distinction as to race, color, creed, sex or ability to pay." (31) In keeping with its charitable purpose and the nondistribution constraint, CMC's Articles of Agreement provide that [n]o part or portion of the assets or earnings of this Corporation shall ever be distributed to or divided among any individuals, including any member, officer, director, trustee, or other organizer of this corporation .(32)&lt;br /&gt;Under its Articles of Agreement, another aspect of CMC's essential mission is [t]o maintain its identity as a Catholic Hospital.(33) Although Catholic Medical Center has never been under the direct sponsorship of the Diocese of Manchester, its Articles of Agreement expressly identify it as an "official agency of the Roman Catholic Church." Such status, the articles continue: is indicated ... philosophically by the guiding tenets under which it operates: namely, the teachings of the Roman Catholic Church. These tenets are expressed in specific regulations of the Holy See, and the teachings of the Bishops of the United States of America, more precisely in the latter instance, in the ETHICAL AND RELIGIOUS DIRECTIVES OF THE CATHOLIC HEALTH FACILITIES as promulgated by the National Conference of Catholic Bishops.(34) Consistent with its essential Catholic mission, CMC has committed itself to a specific set of religious tenets by incorporating these theological directives into its Articles of Agreement.(35)&lt;br /&gt;B. The 1994 Merger Of Elliot Health Systems And Fidelity Health Alliance&lt;br /&gt;In late 1992, following a period of bitter competition between the two hospitals, management began to discuss the possibility of a merger between Elliot Health Systems and Fidelity Health Alliance, the supporting organizations for Elliot Hospital and CMC. In the spring of 1993, the supporting organizations retained the accounting firm Ernst &amp;amp; Young to perform a theoretical study of the savings that might be achieved through different levels of consolidation and integration. At the same time, the two companies undertook an internal "feasibility study" with respect to a possible merger.(36) On June 25, 1993, the supporting organizations signed a memorandum of understanding outlining the steps they would take to consummate the merger. On February 24, 1994, after receiving federal and state anti-trust approvals, Elliot Health Systems and Fidelity Health Alliance merged to form a new supporting organization, Optima Health, Inc.(37)&lt;br /&gt;The express purpose of the merger was to continue the charitable purposes of the two hospitals and related institutions.(38) Prior to the merger, representatives of Elliot Hospital and CMC were quoted in the Manchester Union Leader and other media outlets as anticipating approximately $150 million in projected savings from an operating plan in which the two hospitals would maintain separate identities, with some unspecified level of consolidated services. Such savings, it was stated, would permit both hospitals to maintain their viability as community-based, locally-governed health care institutions committed to serving the Manchester community in an era of increasing competition and change in health care.&lt;br /&gt;Optima actively sought, and widely received, the support of Manchester's and New Hampshire's business and political communities for the merger.(39) In September 1993, Philip Ryan, CEO and President of Elliot Health Systems and Robert Cholette, CEO and President of Fidelity Health Alliance, appeared before the Manchester Mayor and the Board of Aldermen to explain the rationale and possible long-term consequences of the proposed merger, explicitly citing the savings goal of $150 million in the context of a limited consolidation of services.(40) Hospital presidents Scott Goodspeed and Sylvio Dupuis were quoted in Union Leader articles as stating that Elliot Hospital and CMC would remain independently viable -- and locally managed -- centers of excellence into the foreseeable future after the proposed merger.(41)&lt;br /&gt;In their communications with the public, the proponents of the merger stressed their continued commitment to remain accountable to the community. In a 1993 letter to the Attorney General's Office regarding the proposed merger, Elliot Hospital's counsel acknowledged and promised that the two hospitals were and would continue to be a "public servant to the community.(42) Before the Mayor and Aldermen, CEOs Ryan and Cholette committed to instituting an ongoing mechanism to ensure public input and accountability following the merger.(43)&lt;br /&gt;C. Key Post-Merger Decision Points&lt;br /&gt;Beginning immediately after the 1994 merger of Fidelity and Elliot Health, the management of Optima Health, Inc. embarked on a series of decisions which run counter to Optima's commitment to the Manchester community to continue to operate two community-based acute care hospitals, and to involve the local community in the governance and management of Elliot Hospital and CMC. Optima's decisions, and the processes by which they were made, are the primary focus of this report. The decision points are listed in chronological order.&lt;br /&gt;1. Decision To Exercise Complete Control Over CMC And Elliot&lt;br /&gt;Legally, the merger joined the two supporting organizations, Fidelity Health Alliance and Elliot Health Systems. The hospitals existed separately, with their own independent governance structure as specified in the Articles of Agreement on file with the Secretary of State. Nevertheless, in the merger agreement Optima expressed its intention to exert complete control over the hospitals, which it viewed as its "subsidiaries." The merger agreement provided that [t]he By-Laws of OPTIMA and all of its subsidiaries ¼ shall provide that the OPTIMA Board of Trustees shall appoint two-thirds (2/3's) of the Trustees of each subsidiary's Board of Trustees and the OPTIMA Board of Trustees shall be solely authorized to amend the By-Laws of each subsidiary of OPTIMA.(44) Immediately after the merger, Optima implemented these provisions by altering the bylaws of CMC and Elliot Hospital.&lt;br /&gt;2. Decision To Move To A Single Acute Care Site&lt;br /&gt;Within months of the merger and without post-merger financial analysis, Optima decided to consolidate all acute care services delivered by both hospitals at the Elliot campus, reducing CMC to a rehabilitative and psychiatric unit within a larger hospital organization. In conjunction with the acute care consolidation, Optima applied in April of 1995 to the state Health Services Planning and Review Board for a Certificate of Need ("CON") authorizing Optima to institute a construction program on the Elliot campus costing more than $35 million. On September 26, 1996, the CON application was granted. The New Hampshire Supreme Court declined to hear an appeal taken by opponents of the consolidation.&lt;br /&gt;3. Decision To Restructure Optima, Elliot And CMC's Governing Boards&lt;br /&gt;Following a board retreat in the summer of 1995, Optima hired Cambridge Associates, Inc., to oversee a restructuring of the governing bodies of Optima and its affiliated organizations. Pursuant to the consultant's recommendations, in November of 1995 Optima voted to reduce the membership of its board from thirty-six to sixteen trustees, and to eliminate the requirement that seventy percent of board members come from the community. At the same time, Optima instituted a structure of "mirror boards" for its subsidiaries, meaning that Elliot Hospital and CMC would now be governed by identical boards, with essentially all decision-making authority delegated to the Optima board.&lt;br /&gt;4. Decision To Establish A Single Acute Care Hospital As A Successor To CMC And Elliot&lt;br /&gt;Optima's decisions to reorganize the governance of the hospitals and to consolidate their acute care services at a single site are properly characterized as a decision to establish a single acute care facility as a successor to CMC and Elliot. Necessarily, the integration of secular and religious health care institutions raises difficult issues concerning the applicability of religious doctrine within the consolidated institution.&lt;br /&gt;Although Optima itself is a secular entity, its Articles of Agreement include an express requirement to maintain CMC's identity as a Catholic institution, subject to the Ethical Directives.(45) The merger agreement attempts to reconcile this conflict between the secular and religious elements in its expression of "shared values" which describes certain generally stated principles which "shall continue to be principles upon which OPTIMA, Elliot Hospital and Catholic Medical Center shall conduct their affairs.(46)&lt;br /&gt;In practice, however, the "shared values" which supposedly unify Optima, Elliot and CMC have not been fully defined in the years following the 1994 supporting organizations merger. This is a critical failure. Under cy pres, the Probate Court must determine that a successor organization or alternative use toward which the assets of a charity will be applied fulfills as nearly as practicable the mission of the original trust. Essentially, through cy pres, the Probate Court enforces the social contract that binds the charitable trust to the community.&lt;br /&gt;Optima's post-merger conduct has been marked by confusion in governance and policies. This confusion is reflected in interviews of Optima management, and raises serious questions as to whether any judgment can be made that the mission and identity of the successor hospital fulfills as nearly as practicable those of CMC and Elliot.&lt;br /&gt;This confusion over religious doctrine and over the missions and identities of the two community-based hospitals is most evident in the debate over abortion and the apparent disagreements among Optima's management about the applicability of the Ethical Directives at the single acute care facility. The merger of the supporting organizations was based in part on specific representations made by Elliot Health Systems management to the management of Fidelity Health Alliance, to physicians at both institutions, to the public, to trustees of both institutions and to representatives of the Diocese of Manchester, that termination of pregnancy policies at Elliot Hospital were consistent with practices at CMC. Disclosure in 1996 that certain abortion procedures, banned under Catholic doctrine, had historically been performed at Elliot Hospital led to the promulgation by the Elliot Hospital Board of Trustees of a policy that purports to ban all terminations of pregnancies which are not consistent with Catholic moral doctrine at any Optima Hospital. Adoption of this policy has caused widespread protest among affected physicians, and has resulted in a resolution adopted by 160 members of Optima's combined hospital staffs requesting reconsideration of the announced policy.(47) Due to Optima's original failure to articulate specifically the policies, attributes, and governance of the successor integrated hospital to CMC and Elliot, it is likely that similar issues will continue to arise.&lt;br /&gt;5. Decision To Affiliate With Covenant Health Systems, Creating Optima Healthcare&lt;br /&gt;In January 1997, Optima entered into a Joint Operating Agreement ("JOA") with Covenant Health Systems, a Catholic health service organization which operates Saint Joseph's Hospital in Nashua and other facilities outside New Hampshire. Under the JOA a newly created nonprofit corporation, Optima Healthcare, Inc. ("Optima Healthcare"), manages and operates all services provided by its "Network Members".(48) In contrast with Optima's Articles of Agreement, Optima Healthcare's corporate documents focus extensively on St. Joseph's Hospital as a Catholic institution.(49) Although CMC is identified as a Catholic institution, it falls under the secular "Optima" category within the Optima Healthcare organization.&lt;br /&gt;The organizational structure created by the JOA gives Optima Healthcare the power to develop and implement strategic plans for the Network, develop and approve operating and capital budgets for the Network, select other Network Members, select management and personnel, develop mission statements, and negotiate payor contracts.(50) The Network Members retain authority to implement programs approved by Optima Healthcare, to conduct credentialing for their medical staff, and to approve the expenditure of their restricted funds. Optima and Covenant are empowered to elect and remove the governing boards of the Network Members, and to take any and all actions that they deem appropriate to discontinue or change the actions or operations of the Network Members, provided that the changes do not violate the religious requirements applicable to the Network Members, or the will of Mary Elliot.&lt;br /&gt;Under the JOA, the boards of trustees of Optima, and indirectly Elliot and CMC, have been stripped of most independent authority. Executive management of the hospitals has been removed from the hospitals to Optima Healthcare, and hospital financial matters are now being addressed at the joint operating level rather than within the hospitals.&lt;br /&gt;V. LEGAL ANALYSIS AND FACTUAL FINDINGS&lt;br /&gt;The Attorney General has intervened in this matter to review and address the legality and practical effect, under New Hampshire charitable law, of Optima's decision to consolidate all acute care services previously performed at Elliot Hospital and CMC at the Elliot campus and to create a single integrated facility, effectively terminating the century-old charitable mission of CMC and its predecessors to serve as an acute care Catholic hospital within the City of Manchester. In our review, we also have examined the legal and practical effect of the merger of a secular and a non-secular institution into a single health care system.&lt;br /&gt;A. The 1994 Merger Of Fidelity Health Alliance And Elliot Health Systems May Not Have Transferred To Optima Health, Inc. Ownership Of Elliot and CMC&lt;br /&gt;As an initial matter, this office reviewed the structure and legality of the 1994 merger of Fidelity Health Alliance and Elliot Health Systems into Optima Health, Inc. In conducting this review, we examined all corporate and legal documents provided by Optima, all documents on file with the New Hampshire Secretary of State, and all documents filed with the Office of Charitable Trusts. Based upon our review of the corporate documents and records, a serious question exists as to whether the 1994 supporting organizations merger transferred legal ownership of Catholic Medical Center or Elliot Hospital to Optima Health, Inc. and whether Optima Health, Inc. obtained the legal right to control or restructure those entities.&lt;br /&gt;1. Legal Principles&lt;br /&gt;It is a fundamental principle of corporate law that a corporation has no powers beyond those set forth in its governing documents. Trustees of Dartmouth College v. Woodward, 17 U.S. 518 (1819). The powers of a voluntary corporation arise out of and must be consistent with its Articles of agreement, which must be filed with the Secretary of State in order to be valid.&lt;br /&gt;CMC, Fidelity Health Alliance, Elliot Health Systems and Optima Health, Inc. are all voluntary corporations governed by New Hampshire's Voluntary Corporations and Associations Act, RSA Chapter 292.(51) A voluntary corporation may take action only in accordance with chapter 292, the corporation's articles of agreement, and the corporation's bylaws. The articles of agreement must be recorded with the Secretary of State in order for formation of the corporation to take effect. RSA 292:4. The corporation's bylaws need not be recorded, but they must be consistent with the articles of agreement. RSA 292:6.&lt;br /&gt;Certain actions by voluntary corporations, including name changes, increases or decreases in capital stock or membership certificates, mergers and acquisitions, are not effective unless they are recorded with the Secretary of State. RSA 292:7. "[T]he provisions for establishing membership and participation in the corporation," and "the number of shares or membership certificates, if any, and provision for retirement, reaquisition and redemption of those shares or certificates" must be included in the articles of agreement. A non-profit corporation's articles of agreement must be filed with the Secretary of State to be legally valid. RSA 292:2, II-a and V.&lt;br /&gt;2. Apparent Deficiencies In The 1994 Supporting Organizations Merger&lt;br /&gt;Based on our review of the corporate histories of Elliot and CMC, as well as the documentation supplied by Optima regarding the 1994 supporting organizations merger, we conclude that the merger may not have conferred on Optima ownership or control of the two hospitals. First, both the corporate documentation and the sequence of corporate actions by which CMC sought to transfer its corporate authority and assets through Fidelity Health Alliance to Optima Health, Inc. appear to be deficient, due to CMC's failure to include membership provisions in its articles, and Fidelity Health's elimination of CMC's Board of Trustees. Second, no document recorded with the Secretary of State prior to the merger made Elliot Health Systems, Inc., or any other corporate entity, a "member" of Elliot Hospital, let alone the "sole member," with power to transfer any assets, or to otherwise control the governance, of Elliot Hospital. As a result, subsequent actions by Optima Health, Inc. to control or dispose of the assets of CMC and Elliot may be without authority, and therefore, without legal effect.(52)&lt;br /&gt;a. Catholic Medical Center&lt;br /&gt;CMC's corporate filings may not have properly transferred ownership of CMC to Optima. According to CMC's Articles of Agreement on file with the Secretary of State, CMC was established in 1974 as a Chapter 292 voluntary corporation and 501(c)(3) organization. Between 1974 and 1994, CMC's Board of Trustees consisted of 24 public members, a representative of the Catholic Church, 6 members of the medical staff, the CEO, and the President of the Senior Associates.(53) Under CMC's Articles of Agreement, the trustees had authority to provide hospital services, control the corporation's money, property and affairs, maintain accredited status, ensure patient safety, grant privileges to the medical staff -- in short, to control all affairs of the hospital.&lt;br /&gt;There is no public record of any attempt to transfer control, by "membership" or any other mechanism, of CMC's assets and governance to Fidelity Health Alliance until one day before the 1994 supporting organizations merger. Prior to the 1994 merger, five members of CMC sat on the nine member Board of Fidelity Health Alliance.(54) CMC maintained control over its supporting organization through its majority representation on Fidelity's Board.&lt;br /&gt;In an amendment recorded with the Secretary of State on February 22, 1994, the day before the merger, the CMC trustees voted to delete, in their entirety, the provisions establishing its Board of Trustees and Board of Incorporators, as well as the provisions giving the Board the power to control the affairs of the hospital. In place of these provisions, CMC reserved authority to revise the bylaws to its "sole member, Fidelity Health Alliance." Then, on February 23, 1994 -- one day after the documents establishing the abolition of its Board of Trustees had been filed with the Secretary of State -- CMC, purportedly by vote of its trustees, amended its Articles of Agreement by substituting "Optima Health, Inc." for "Fidelity Health Alliance," and added a new article stating that "The sole member of the corporation is Optima Health, Inc." This document was filed with the Secretary of State on March 19, 1994.&lt;br /&gt;Optima's creation, then use, of corporate memberships to effectuate the 1994 merger of Fidelity Health Alliance into Optima Health, Inc. raises serious questions regarding the extent of Optima's authority to own and control CMC and Elliot. Although CMC's amended Articles purport to establish Fidelity Health Alliance and, subsequently, Optima Health, Inc. as its "sole member," the standards for "membership" or for issuance or redemption of membership certificates are not contained within CMC's Articles of Agreement, as required under RSA 292:2, II-a. Thus, the "membership" status purportedly conferred on Fidelity Health Alliance and Optima Health, Inc. by the February 1994 amendments to CMC's Articles does not appear to comply with the statute.(55)&lt;br /&gt;Additionally, the purported transfer of "sole membership" status from Fidelity to Optima Health, Inc. also is problematic because the trustees voted to approve the change only after the board had abolished itself and all of its authority, and documents to that effect had already been placed on public record by filing with the Secretary of State.(56)&lt;br /&gt;As a result of these apparent defects in corporate documentation, and the sequence of events which led to a vote approving transfer of sole membership status in CMC by a legally non-existent board of trustees, CMC may have been left with no legally valid member and no board of trustees. Optima Health, Inc.'s control over the assets and governance of CMC since 1994 may, therefore, lack legal foundation.&lt;br /&gt;b. Elliot Hospital&lt;br /&gt;Elliot Hospital's corporate existence was originally established by statute in 1881, in accordance with the will of Mary Elizabeth Elliot. The act creating Elliot Hospital appointed trustees, as specified in Mary Elliot's will. These included the Mayor of Manchester and persons chosen by each of six Protestant churches in Manchester.&lt;br /&gt;The only recorded filing with the Secretary of State for Elliot Hospital (other than mandatory reports, and statements reflecting increases in the total value of property the hospital can hold) is an amended Constitution and Bylaws which dates from 1958. This filing uses the term "members" to denote trustees, and provides that there will be "not less than sixteen." The purposes section of the Constitution is expanded from the original statutory language, and includes the determination of the policies of the institution with relation to community needs, maintenance of proper professional standards, directing administrative personnel, and adequate financing and business-like control of expenditure. Other than mandatory reports, no documents have been filed with the Secretary of State with respect to Elliot Hospital since 1974.&lt;br /&gt;Elliot Health Systems was established in 1983 (under the name Health Northeast, Inc.) as a 501(c)(3) supporting institution for Elliot Hospital. Conspicuously missing from the public record, however, is any document which purports to effectively cede control of the governance or assets of Elliot Hospital to Elliot Health Systems. Indeed, there is nothing in the recorded filings of either Elliot Hospital or of Elliot Health Systems which indicates that Elliot Health Systems owned or controlled Elliot Hospital or that Optima presently holds such authority.&lt;br /&gt;Certain documents, not publicly filed, but provided to us for purposes of this review, do suggest that Elliot Health Systems had a substantial degree of control over Elliot at the time of the merger and that the Elliot Board may have voted to accept Optima as its "sole member." A 1993 constitution and bylaws for Elliot Hospital indicate that while prior to the merger, Elliot Health Systems was not designated as a "member," it did have authority to appoint, and to remove without cause, 3/4 of Elliot Hospital's board members.(57) Under the 1993 constitution, amendments to Elliot's constitution or bylaws required the approval of Elliot Health Systems.(58) On the day of the merger, the Elliot trustees voted to amend Elliot Hospital's constitution to make Optima Health, Inc. the sole member of Elliot Hospital, and to substitute Optima Health, Inc. for all references to Elliot Health Systems. None of these documents are on file with the Secretary of State, nor did the copies reviewed by this office include a certification of adoption. Further, as with the amendments to CMC's Articles of Agreement, the Elliot amendments shed no light on the duties or responsibilities of Optima as the "sole member" of Elliot Hospital.&lt;br /&gt;c. Implications For Optima&lt;br /&gt;The above defects in corporate organization and Optima's failure to place all relevant corporate documents on record with the Secretary of State(59) raise significant questions regarding the capacity of Optima Health, Inc. to control the governance, and to control or dispose of the assets of either Elliot or
