ROCHESTER - The Attorney Generals Office is reviewing whether Frisbie Memorial Hospital can move ahead with its plan to eliminate baby deliveries, a function of the hospital that was promised to continue for at least five years back in 2020.
The terms approved by the state's Charitable Trusts Unit in February 2020 said delivery services would be available for at least five years, "except in the event of a 'contingency' as defined in the Asset Purchase Agreement ("APA")," according to a Monday statement from Attorney General John J. Formella.
Such a contingency would be immediate financial distress, which the hospital says is caused by a sharp reduction in the number of births over the past few years.
Frisbie officials would prefer that the health care facility provide pre- and post-delivery services, but transition deliveries to HCA partner Portsmouth Regional Hospital.
The review by the Charitable Trusts unit will include whether Frisbie was compliant with conditions in the report and also if it made a "good faith effort" to avoid the contingency that led to the decision to close labor and delivery services earlier than promised.
It will also evaluate whether FMH's financial summary that accompanied the notice provided the required reasonable detail to demonstrate that the "contingency" occurred.
Meanwhile, Frisbie will continue offering mothers delivery services while the review runs its course.