§ 48-68-201. Short Title
This part shall be known and may be cited as the “Public Benefit Hospital Sales and Conveyance Act of 2006.”
§ 48-68-202. Part Definitions
As used in this part, unless the context otherwise requires: “Acquiring entity” means the person who gains ownership or control of a public benefit hospital entity as a result of a public benefit hospital conveyance transaction; “Person” means any individual, partnership, trust, estate, corporation, association, joint venture, joint stock company or other organization; “Public benefit […]
§ 48-68-203. Written Notice Prior to Entering Into Public Benefit Hospital Conveyance Transaction
Notwithstanding Chapters 6 1 and 64 of this title, any public benefit hospital entity shall be required to provide written notice to the attorney general and reporter, prior to entering into any public benefit hospital conveyance transaction. At the time of providing notice to the attorney general and reporter, the public benefit hospital entity shall […]
§ 48-68-204. Notification by Attorney General and Reporter of Action
Within forty-five (45) days of receipt of a complete written notice as required by § 48-68-203, the attorney general and reporter shall notify the public benefit hospital entity in writing of the attorney general and reporter’s decision to object to the proposed public benefit hospital conveyance transaction or to take no action. The attorney general […]
§ 48-68-205. Published Written Notice
Within five (5) days after giving written notice pursuant to § 48-68-203, the public benefit hospital entity shall cause the written notice to be published in one (1) or more newspapers of general circulation that are published in the county of the public benefit hospital entity. The published written notice shall contain: The text of […]
§ 48-68-206. Considerations in Making Decision Regarding Proposed Transaction
In making a decision whether to object to a proposed public benefit hospital conveyance transaction, the attorney general and reporter shall consider: Whether the public benefit hospital entity will receive full and fair market value for its charitable or social welfare assets; Whether the fair market value of the public benefit hospital entity’s assets to […]
§ 48-68-207. Determination of Whether the Transaction Will Have Effect on Availability or Accessibility to Health Care Services
In making a decision whether to object to a public benefit hospital conveyance transaction, the attorney general and reporter shall also determine whether the proposed public benefit hospital conveyance transaction may have a significant effect on the availability or accessibility of health care services to the affected community. In making this determination, the attorney general […]
§ 48-68-208. Providing Sufficient Information to Complete Review of the Transaction
The attorney general and reporter may demand that the public benefit hospital entity giving notice under § 48-68-203 provide such information as the attorney general and reporter reasonably deems necessary to complete the review of any proposed public benefit hospital conveyance transaction described in §§ 48-68-206 and 48-68-207. A failure by the public benefit hospital […]
§ 48-68-209. Permitted Action to Assist in Review of Proposed Transaction
Within the time periods designated in § 48-68-204, the attorney general and reporter may do any of the following to assist in the review of the proposed public benefit hospital conveyance transaction described in this part: Contract with, consult, and receive advice from any agency of the state or the United States on such terms […]
§ 48-68-210. Public Records
Unless subject to title 8, chapter 6, part 4, all documents submitted to the attorney general and reporter by any person, including public benefit hospital entities giving notice under § 48-68-203, in connection with the attorney general and reporter’s review of the proposed public benefit hospital conveyance transaction pursuant to this part, shall be public […]
§ 48-68-211. Violations — Penalties — Remedies
Any public benefit hospital conveyance transactions entered into in violation of this part shall be null and void, and each member of the governing boards and the chief financial officers of the parties to the public benefit hospital conveyance transaction may be subject to a civil penalty of up to one million dollars ($1,000,000), the […]