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June 28, 2000, which states that "Cuddeback funds have been
used to assist veterans whose benefits for medical daycare
have been exhausted"; they have been used as a ready source
of funds to assist families "until other funding sources
could be obtained"; and they have been used "as a
supplement to other funding sources when those funds were
not adequate." Furthermore, the financial information for
FY 2000 shows a budget for "charity care" of ($179,478) and
"Actual (Projected)" charity care of ($54,347). According
to Keswick's letter, those amounts include "the funding
received from the Cuddeback trust", but the letter does not
further explain what those figures are. The existence of
other funding sources suggests that Keswick's grant program
may not depend on petitioner's contributions, and it casts
doubt on petitioner's assertion that "50% of the total
grants were supplied by Petitioner's distribution".
As mentioned above, petitioner's argument that Keswick
will be attentive to its operations is premised on the
assertion that it provides 50 percent of the funds for
all "grants". We do not believe that that assertion is
established by the administrative record. First, there is
no showing in the administrative record that 50 percent of
Keswick's grants were made with funds from petitioner for
1996, 1997, 1998, or 2000. Second, even for 1999, we do
not agree that the administrative record shows that 50
percent of all grants given by Keswick were made with
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