New Hampshire
Community Benefit Requirement
New Hampshire requires nonprofit hospitals to provide community benefits if the total value of their fund balances exceeds $100,000.

New Hampshire’s community benefit law applies to “health care charitable trusts” (a term that includes nonprofit hospitals) that have total fund balances of over $100,000. N.H. Rev. Stat. Ann. Tit. I, §§ 7:32-d—l. A hospital may seek a waiver of community benefit requirements when “compliance would be a financial or administrative burden,” based on criteria established and administered by the Director of Charitable Trusts. N.H. Rev. Stat. Ann. Tit. I, §§ 7:32-j; Office of the Attorney General, Community Benefits Plan -Criteria for Exemption Pursuant to RSA 7:32-j.

In addition to the general community benefit requirements of N.H. Rev. Stat. Ann. Tit. I, §§ 7:32-d—l (2000), additional community benefit requirements are included in the standards for review of the Certificate of Need (CON) applications of nonprofit hospitals and other health care charitable trusts that propose new institutional health services. These include the provision of free care to uninsured patients with household income at or below 150 percent of the federal poverty level (FPL), subject to a “reasonable and nominal” (not over $100) copayment by the patient. In cases of patient hardship, a hospital must waive any required copayment. N.H. Rev. Stat. Ann. Titl. XI, §151-C; N.H. Code Admin. R. He-Hea 303.04(d). A CON application must indicate the degree to which the proposed project will be accessible to persons who are “medically underserviced,” including persons with disabilities and those with low income. N.H. Rev. Stat. Ann. Tit. XI §151-C:7(III); N.H. Code Admin. R. He-Hea 304.05(v). Effective June 30, 2016, the CON statutes will be repealed. N.H. Rev. Stat. Ann. Titl. XI, §151-C (2013).