US Lawyer Database

§ 6-19-202. Notice

Notice shall be provided by the parties to a covered transaction according to section 6-19-103 and shall include a statement on the charitable purposes of each nonprofit entity entering into the covered transaction as well as a statement concerning the relationship of these purposes to the hospital involved in the transaction. The statement may include […]

§ 6-19-203. Attorney General Review and Assessment

A covered transaction under this part 2 that will not result in a material change in the charitable purposes to which the assets of the hospital have been dedicated, and will not result in a termination of the attorney general’s jurisdiction over those assets caused by a transfer of a material amount of those assets […]

§ 6-19-301. Scope of Part 3

This part 3 applies to covered transactions where the parties involved in the transaction are all for-profit entities. Source: L. 98: Entire article added, p. 524, § 1, effective April 30.

§ 6-19-302. Notice

The parties to a covered transaction governed by this part 3 shall provide the notice required by section 6-19-103. Source: L. 98: Entire article added, p. 524, § 1, effective April 30.

§ 6-19-401. Scope of Part 4

This part 4 applies to covered transactions involving a nonprofit hospital and a for-profit entity. Source: L. 98: Entire article added, p. 524, § 1, effective April 30.

§ 6-19-402. Notice and Filing

The notice and filing provided to the attorney general pursuant to section 6-19-103 shall include all proposed agreements relating to the proposed transaction, all agreements regarding collateral transactions that relate to the principal transaction, any reports of financial and economic analysis that the nonprofit entity reviewed or relied on in negotiating the proposed transaction, and […]

§ 6-19-403. Certification and Criteria

The proposed transaction shall comply with the provisions of this section, and the parties to the transaction shall include in the filing required by section 6-19-402 documentation and certification from the parties, either joint or several as appropriate, that the covered transaction will comply with the following: The transaction shall be in the public interest. […]

§ 6-19-404. Attorney General Review

No later than thirty days after the attorney general has received the completed notice and filing pursuant to section 6-19-402, the attorney general shall hold at least one public hearing in the service area of the hospital involved in the transaction, at which the attorney general shall allow any person to either file written comments […]

§ 6-19-405. Post-Transaction Requirements

For a period of not less than five years, the nonprofit charitable organization receiving the proceeds of the covered transaction shall provide the attorney general with an annual report of its grant-making and other charitable activities related to its use of the proceeds of the covered transaction received. For a period of not less than […]

§ 6-19-406. Attorney General Powers

The attorney general has the following powers: To contract with, consult with, and receive advice from any state agency on those terms and conditions that the attorney general and the executive director deem appropriate; To contract with persons including, but not limited to, attorneys, accountants, actuaries, financial analysts, and health-care analysts as is reasonable and […]