Sign up for the Today newsletter
Get everything you need to know to start your day, delivered right to your inbox every morning.
New Hampshire is home to thousands of charitable organizations that provide essential services and resources to those in need such as food, shelter, healthcare, and education. Although many support charities by serving on their boards of directors, not all are aware of the legal duties that apply to their board service. The Charitable Trusts Unit of the NH Office of the Attorney General’s Guidebook for New Hampshire Charitable Organizations (5th ed. 2022) (the “Guidebook”) explains these legal duties in detail and is essential reading for new and experienced board members. This article summarizes the three primary legal duties of charitable board members as described in the Guidebook.
Duty of Care: The duty of care requires board members to be active and well-informed in order to make decisions that are in the best interests of the organization. To satisfy this duty, among other things, board members must attend board and committee meetings; read board materials, agendas, minutes, and documents; engage in board discussions and votes; and make decisions based on their independent judgment. In addition, board members must engage in the budget process to ensure that the organization is operating in a fiscally-responsible manner in compliance with state and federal law, and the charity’s internal policies and procedures. Suffice it to say, appearing at board meetings without having read the agenda or understanding the issues to be addressed does not satisfy the duty of care.
Duty of Loyalty: The duty of loyalty requires board members to always act in the best financial interests of the charity and to avoid conflicts of interest that may result in personal financial gain unless pecuniary benefit rules are followed. In other words, a board member should not enrich themselves at the expense of the charity they serve. Each charity should have a conflict-of-interest policy and associated conflicts questionnaire that requires new and existing board members to disclose any existing or potential, direct or indirect, conflicts of interest and to actively monitor and disclose future conflicts.
If the charity is contemplating entering into a transaction in which a board member has a financial interest (e.g., charity contracts with a company owned by the board member), the board member should recuse themselves from the board discussion and voting processes and the charity should disclose the transaction to the Charitable Trusts Unit and the public in accordance with RSA 7:19-a, New Hampshire’s pecuniary benefit transaction law. The dollar amount of the transaction governs the charity’s reporting obligations and voting procedures. Because the pecuniary benefit law will be triggered based on “direct and indirect” financial interests of board members, those serving on a board should carefully review their organization’s conflict of interest policy and timely disclose conflicts to avoid violating the duty of loyalty.
Duty of Obedience: The duty of obedience requires board members to ensure that the charity fulfills its mission, complies with all applicable laws and reporting obligations, and honors donor restrictions on donated funds. Board members should scrutinize uses of funds that do not support the mission or purpose of the organization as stated in its foundational documents (e.g., Articles of Agreement). Board members should also educate themselves on the laws and reporting obligations applicable to their organization and monitor compliance (e.g., IRS Form 990 filing, NH nonprofit report filing). Ultimately, if laws are violated or mandatory reports are not filed, the board—not the organization’s executive director—will be required to answer to legal authorities. Ask questions, educate yourself, and speak up if you see something wrong.
Service on a charitable board can be a rich and rewarding experience. Before joining a board, honestly assess whether you have the time necessary to fulfill the important duties described above. If not, do not join the board and support the organization in other ways like donations, volunteering, or service on a board committee. If you join the board, comply with these legal duties as explained fully in the Guidebook, which can be accessed at https://www.doj.nh.gov/charitable-trusts/documents/guidebook-non-profit-organizations.pdf. The Charitable Trusts Unit, the NH Center for Non-Profits, Guidestar, BoardSource, and other organizations have free online resources covering these and other charitable and non-profit governance topics for those looking to become better informed, more effective board members.
Jason Gregoire serves as Chair of the Healthcare Group at SheehanPhinney. He assists physicians, dentists, optometrists, and other health care practitioners in employment and professional practice transitions including negotiating employment contracts, shareholder buy-ins, and practice sales and acquisitions. He has represented physician practices in sales to hospital systems and dental practices in sales to Dental Service Organizations (DSOs).
For a mountain trip in New England that steps away from the main routes, you’ll find a quiet alternative in the White Mountain National Forest called Shelburne in New Hampshire. This town has a population of about 360 people (according to nh.gov) and is on the Androscoggin River. The riverside view gives it a rustic, quaint feeling for anyone wanting a break from busier areas like nearby Conway or Gorham.
The town is a great entry point to the Appalachian Trail, as the trail cuts through its center. For thru-hikers (people who hike all the way through a trail non-stop), this part of the trail marks a change from the Carter-Moriah Range to the more difficult Mahoosuc Range. This next section of the trail is known for being quite strenuous, including Mahoosuc Notch right over the border in Maine — a boulder-filled area that just might be the trail’s most challenging mile.
The general vibe in Shelburne is quiet and connected to the beautiful, great outdoors. When you’re looking for a place to stay, you’ll see the options match this feeling of mountain getaway and historic-chic, as there are some beautiful inns to choose from. Other than the grand Appalachian Trail that Shelburne borders, the area’s other natural features include a few waterfalls that you can check out. Other hotspots to see are small and mainly historical, but they can still be fun additions to your schedule. You can see a stone fish sculpture made in the early 1900s by a local man, or take a look at some natural artwork via a rock formation called the Old Man in the Valley.
The historic inns in Shelburne give you a place to stay that fits with the town’s mountain environment. The Philbrook Farm Inn is a good example, as its story starts as a farmhouse built around 1834. The family turned the house into a respite for travelers and managed it for many years after. The main building is a rustic, multi-floor inn that has had many additions, like a large guest wing in 1906 and a new dining area after a fire in 1934. When you stay, you can choose from a handful of rooms and a few cottages. The inn still has much of its old construction and woodwork, which gives you the chance to see the area’s history — it’s also on the National Register of Historic Places. For an even cozier feeling, you can relax by one of its fireplaces, too. Another choice on the Shelburne/Gorham border is the Town & Country Inn and Resort. This is a bigger property open all year with over 150 rooms and amenities, like an indoor pool, a hot tub, and access to a large network of ATV and snowmobile trails.
After a day exploring the outdoors and the Appalachian Trail, you will see that Shelburne itself does not have many places to eat. The restaurant inside the Town & Country Inn has breakfast and dinner every day, serving up American-style entrees. The next town over, Gorham, has the majority of the food joints. You can eat at local restaurants and pubs like J’s Corner Restaurant & Lounge, which serves seafood and steaks in a chill environment with a local crowd. The Notch Grille (at The Glen House Hotel) is another option, with views of Mount Washington and some hearty meals for breakfast, lunch, and dinner — perfect after a day of hiking.
Outdoor activities consist of idyllic hikes hidden in New Hampshire’s White Mountains and the Appalachian Trail. A main hike to take is the round-trip jaunt (11.2 miles) to the top of Shelburne Moriah Mountain. Keep in mind that this is a slightly advanced trail with steep and rocky sections that starts on the Rattle River Trail, joins the Kenduskeag Trail, and ends at the high summit (3,735 feet to be exact). A different hike for you to try is the trail to Mount Hayes, which is under 7 miles and can be difficult. Even though New Hampshire is one of the safest states in America, be sure to bring water, sunscreen, and wear grippy hiking boots for extra caution.
Giant Falls, a high, two-part cascade on Peabody Brook, is a 3-mile trip (there and back) on the Peabody Brook Trail. Then check out Shelburne Basins, a group of pools and ledges like another iconic New Hampshire waterfall hidden in White Mountain National Forest called Diana’s Baths. You can reach the Shelburne Basins by taking a nearly 2-mile walk from a trailhead on U.S. Route 2. This is an easier walk through the woods that works well for a family-friendly New Hampshire adventure. When you’re crafting your itinerary, keep in mind that the amount of water at the falls changes with the seasons. In the spring, there is typically a strong flow down a fairly large cliff, but it can slow to almost nothing by the end of summer. Also check out the town of Bartlett, about 40 minutes away, for more waterfalls and mountain charm.
Starting Jan. 1, New Hampshire’s Medicaid program will stop covering GLP-1 drugs — Wegovy, Zepbound, and others — for weight loss.
“We looked at the way that the state was supporting coverage for GLP-1 medicines and found that this was a fairly significant cost driver,” Gov. Kelly Ayotte told reporters on Wednesday. “And so we looked at the medically necessary reasons for it in terms of those who had pre-existing conditions and made the decision working with Health and Human Services to come up with a modified policy that will still allow medications in those circumstances, but then really make sure it is cost sustainable going forward.”
The Alliance for Women’s Health and Prevention wrote a letter to Ayotte Tuesday urging her to reconsider the decision. The organization noted that approximately 30% of women in New Hampshire — and a disproportionately large number of women of color — experience obesity and that obesity is associated with over 200 health complications, citing the American Medical Association and KFF.
Ayotte said Wednesday she would not reconsider the decision.
There are roughly 186,000 enrolled in Medicaid in New Hampshire, according to the Centers for Medicare and Medicaid Services. About 54% of them are women.
“When we’re talking about 180,000 enrollees, children and adults, that’s over 90,000 women who are Medicaid beneficiaries who may be living with obesity and could take advantage of receiving the obesity management medications basically to stem those comorbidities that are associated with living with obesity,” Millicent Gorham, CEO of the Alliance for Women’s Health and Prevention, said in a phone interview with the Bulletin Thursday. “We’re talking about diabetes and high blood pressure and cardiovascular disease and cancer. So if we can stem those diseases, then hopefully we can have more healthier people living in New Hampshire.”
Gorham said the change, announced by the Department of Health and Human Services in October, may provide short-term cost savings but will be more expensive in the long run.
“People are going to be living longer with obesity, which is going to lend to any number of the other 200 comorbidities that are aligned with living with obesity,” she said. “And clearly, when you’re talking about things like diabetes and cardiovascular disease and high blood pressure and cancer and fertility issues that are specific to women, they’re going to end up with higher costs specifically related to those diseases and also specifically related to higher hospitalization costs.”
Gorham pointed to the stigma surrounding obesity and weight loss drugs.
“People really may not understand that people living with obesity is not just about an alternative lifestyle,” she said. “It really is a chronic disease. That’s the first thing that they need to understand: It is a chronic disease, no different than high blood pressure, no different than diabetes, and we need to treat it like that. No other disease has to take on the kind of scrutiny that obesity takes on.”
The Alliance for Women’s Health and Prevention has launched a nationwide effort with a coalition of other health advocacy groups called Everybody Covered to push policymakers to improve coverage of GLP-1 drugs and other obesity treatments.
As of October, 16 states cover GLP-1 drugs, according to KFF. In addition to New Hampshire, California and South Carolina plan to end coverage of the drugs in January. North Carolina ended coverage last month while Michigan plans to limit coverage to people who are “morbidly obese.” The states say they can’t afford the drugs.
The Alliance for Women’s Health and Prevention has been lobbying several states to maintain coverage of the drugs. Gorham said New Hampshire’s response has been “pretty much kinda the same” as other states.
GLP-1 drugs have been shown to be effective for weight loss, though they come with a number of side effects for some patients, including nausea, vomiting, headaches, diarrhea, and constipation, according to Harvard Medical School and the Cleveland Clinic. While some experts and researchers have concerns about the drugs’ long-term impact and safety, many argue the benefits outweigh the known risks.
Crime
A family in New Hampshire apparently got quite the scare on Thursday.
According to Salem, New Hampshire police, a 21-year-old man cut them off in traffic near Rockingham Park Boulevard at about 6:25 p.m., got out of his vehicle, and “began smashing their windshield with a baseball bat while threatening them.”
The family included a small child and an infant, said police, who responded to the scene after multiple witnesses called 911.
After the incident, the suspect got back in his vehicle and drove toward I-93, according to police. State Police then pulled him over on I-93, as witnesses had provided a license plate number and vehicle and suspect descriptions.
Anthony Bennett Rovelo Baldovino, of Manchester, New Hampshire, was identified as the man arrested. He was initially held without bail and charged with four counts each of kidnapping, criminal threatening with a deadly weapon, and reckless conduct with a deadly weapon, as well as driving with a suspended license. He was set to be arraigned Friday morning in Salem District Court.
Get everything you need to know to start your day, delivered right to your inbox every morning.
Trump rips Somali community as federal agents reportedly eye Minnesota enforcement sweep
New scam sends fake Microsoft 365 login pages
Trump threatens strikes on any country he claims makes drugs for US
Who do the Ohio State Buckeyes hire as the next offensive coordinator?
Honduras election council member accuses colleague of ‘intimidation’
Rep. Swalwell’s suit alleges abuse of power, adds to scrutiny of Trump official’s mortgage probes
Texas Tech football vs BYU live updates, start time, TV channel for Big 12 title
2 National Guard members wounded in ‘targeted’ attack in D.C., authorities say