Emerging Issue: The Dynamic Role Of States In Nonprofit Healthcare
This panel brought together nearly every other topic in the Conference, including hybrid organizations, jurisdictional issues, governance, transparency, and political advocacy/activity, among others. Discussion touched on board compensation, the survival and importance of public hospitals, the consolidation trend and the effect of organizational size on governance and regulation, the unique fiduciary considerations for healthcare organizations, and the value of board structure.
Panelists: Mary Beckman, Chief of Non-Profit Organizations/Public Charities Division, Office of the Attorney General, Massachusetts
Eric Carriker, Assistant Attorney General, Non-Profit Organizations/Public Charities Division,Office of The Attorney General, Massachusetts
David G. Spackman, General Counsel & Senior Vice President for Governmental Affairs Lahey Health System, Former Chief, Non-Profit Organizations/Public Charities Division, Office of the Massachusetts Attorney General
Moderator: Cindy M. Lott, Senior Counsel, National State Attorney General Program, Columbia Law School
Attorney General v. Hahnemann Hosp., 397 Mass. 820, 829 (1986) (applying charitable trust principles to question of whether hospital could use unrestricted funds received prior to an amendment of its charter for purposes added in the amendment, and finding that Attorney General's authority over charities was not preempted by state and federal regulation of hospital operations)