§323D-72  Acquisition of hospital.  (a) No person shall engage in the acquisition of a hospital without first:

(1)  Applying for and receiving the approval of theagency; and

(2)  Notifying the attorney general and, ifapplicable, receiving approval from the attorney general pursuant to this part.

(b)  Any person not required to obtain theapproval of the agency under this part shall give the attorney general at leastninety days prior notice of an impending acquisition, during which time theattorney general may take any necessary and appropriate action consistent withgeneral duties of oversight with regard to the conduct of charities, ifapplicable.  The notice shall briefly describe the impending acquisition,including any change in ownership of tangible or intangible assets.

(c)  The application shall be submitted to theagency and the attorney general on forms provided by the agency and shallinclude:

(1)  The name of the seller, the name of thepurchaser, and the names of other parties to an acquisition;

(2)  The terms of the proposed agreement;

(3)  The sale price;

(4)  A copy of the acquisition agreement;

(5)  A financial and economic analysis and report froman independent expert or consultant of the effect of the acquisition under thecriteria set forth in section 323D-76; and

(6)  All other related documents.

A copy of the application and copies of alladditional related materials shall be submitted to the agency and to theattorney general at the same time.  The applications and all related documentsshall be considered government records. [L 1998, c 257, pt of §1; am L 2001, c69, §2]