Case 1:11-cv-00358-SM Document 50-55

Filed 09/23/11 Page 1 of 3

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE **************************************** Dartmouth-Hitchcock Clinic and Mary * Hitchcock Memorial Hospital * d/b/a Dartmouth-Hitchcock, et al., * Plaintiff * * v. * Nicholas A. Toumpas, in his official capacity * as Commissioner of the New Hampshire * Department of Health and Human Services, * Defendant * * * ****************************************

11-cv-358-SM

AFFIDAVIT OF NANCY J. SMITH IN SUPPORT OF THE DEFENDANTS OBJECTION TO MOTION FOR PRELIMINARY INJUNCTION I, Nancy J. Smith declare as follows: 1) I am currently employed as a senior assistant attorney general in the New Hampshire Department of Justice, (NHDOJ) and I also serve as the civil bureau deputy litigation chief. I have been employed by the NHDOJ since August of 1992. I graduated from law school in 1983 from the University of California at Los Angeles. 2) I am one of the attorneys responsible for the defense on the above referenced matters. The following facts are based on my personal knowledge. 3) Attached hereto are true and correct copies of the following documents, identifying the source from which they were obtained, that are referred to in the Defendants objection to the Plaintiffs Motion for Preliminary Injunction: a) Exh. NS-1, H.R. 3962 1728 as passed by United States House of Representatives. b) Exh. NS-2, H.R. 3590, Patient Protection and Affordable Care Act, p. 1, 143 144, encompassing 1560 to 3021.

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c) Excerpts from the 2009 IRS form 990 for each of the ten Hospitals plaintiffs, the 990s are public documents obtained from the New Hampshire Charitable Trusts division, but are also availabe online through Guidestar, http://www2.guidestar.org/ for free for the immediately preceding 3 years by registering for a free password. i) ii) iii) iv) v) vi) vii) viii) ix) x) Exh. NS-3, 2009 IRS form 990, Catholic Medical Center Exh. NS-4, 2009 IRS form 990, Cheshire Medical Center Exh. NS-5, 2009 IRS form 990, Mary Hitchcock Memorial Hospital Exh. NS-6, 2009 IRS form 990, Elliot Hospital Exh. NS-7, 2009 IRS form 990, Exeter Hospital Exh. NS-8, 2009 IRS form 990, Frisbie Memorial Hospital Exh. NS-9, 2009 IRS form 990, LRGHealthcare Exh. NS-10, 2009 IRS form 990, Southern New Hampshire Medical Center Exh. NS-11, 2009 IRS form 990, St. Joseph Hospital Exh. NS-12, 2009 IRS form 990, Wentworth Douglass Hospital

d) Exh. NS-13, NHHA 2009 4th Quarter Trending Report from NHHA website. e) Exh. NS-14, 3/9/2009 House Finance Div. III, Public Hearing Testimony list and Written Testimony of Dr. Paul Merguerian obtained from House Finance Div. III. f) Exh. NS-15, 3/12/2009 House Finance Div. III, Public Hearing Testimony list and Written Testimony of Dr. Leslie Fall obtained from House Finance Div. III.. g) Exh. NS-16, 3/16/2009 House Finance Div. III, Public Hearing Testimony list and Written Testimony of Dr. Jack Van Hoff obtained from House Finance Div. III. h) Exh. NS-17, 3/17/2009 House Finance Div. III, Public Hearing Testimony list and Written Testimony of Leslie Melby obtained from House Finance Div. III.

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i) Exh. NS-18, NHHA Budget Wrap-up from NHHA website. j) Exh. NS-19, 2/24/2011 Melby Senate Testimony from NHHA website. k) Exh. NS-20, 3/10/2011 House Finance Melby Testimony from NHHA website. l) Exh. NS-21, 4/21/24/2011 Senate Finance Melby Testimony from NHHA website. m) Exh. NS-22, Federal Register, Vol. 73, No. 217 from http://www.gpo.gov/fdsys/. n) Exh. NS-23, January 29, 2009 NHHA Legislative Update re HB 30 from NHHA website. o) Exh. NS-24, Dartmouth press release 8/10/11. p) Exh. NS-25, Fosters Daily Democrat from newspaper or newspaper website. q) Exh. NS-26, Concord Monitor 7/27/2011 from newspaper or newspaper website. r) Exh. NS-27, Union Leader, 8/1/2011 from newspaper or newspaper website. s) Exh. NS-28, Union Leader, August 21, 2011, from newspaper or newspaper website. t) Exh. NS-29, 1991 printed version of RSA 84-A:12 u) Exh. NS-30, Medpac Report to Congress, March 2009 re Hospital; servcies v) Exh. NS-31, www.nhmedicaid.com Provider Services Bulletins List w) Exh. NS-32, www.nhmedicaid.com Whats New List x) Exh. NS-33, June 29,2009 Notices, NHPublic Notices.com and Newspapers. I declare under penalty of perjury that the foregoing is true and correct to the best of my personal knowledge. Dated: September 23, 2011 _/s/ Nancy J. Smith ___________ Nancy J. Smith, Bar # 9085