Q May a county-owned community hospital donate funds to a municipality for the purchase of a fire truck, which in the judgment of the hospitalís board will benefit the health and welfare of its patients and citizens of the service area?

A Yes, provided that the hospitalís board makes the requisite factual determination that the proposed financial assistance or grant to the municipality will benefit the health or welfare of the citizens of the service area. Section 41-13-38 allows the board of trustees to provide ďfinancial assistance or grants to nonprofit healthcare provider groups and other recognized nonprofit entities and charities where it is determined by the board that such action will benefit the health or welfare of the citizens of the service area.Ē (Attorney Generalís Opinion to McDonald, October 14, 2016)