10-11252. Scope; included transactions;
excluded transactions
A. Except as provided in subsections B and C of this section, this chapter applies
to any nonprofit health care entity that intends to sell, transfer, lease, exchange,
option, convey, convert, give, merge or otherwise dispose of all or substantially all of
its assets to or with another nonprofit health care entity or a for profit entity,
including entering into a joint venture involving all or substantially all of its
assets. The requirements of section 10-11202 do not apply to a nonprofit health care
entity.
B. This chapter does not apply to any physician or licensed health care provider
contract with a hospital or community health center. This chapter shall not affect any
contract entered into between a physician or licensed health care provider or group of
physicians or licensed health care providers and a licensed hospital.
C. This chapter does not apply to transactions:
1. Involving a transfer of community benefit assets of a licensed hospital or
community health center with a book value of less than one million dollars, net of
accumulated depreciation as of the date of the closing date of the intended transaction.
2. Enabling a party to finance the purchase of assets, refinance assets or mortgage
or pledge assets already owned by the party, whether or not in its usual course of
business.
3. Between or among a nonprofit health care entity and affiliated nonprofit
entities that are part of a common line of ownership or control.
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