[§323D-77]  Acquisition; decision by agency. 
In making a decision whether to approve or disapprove an application, the
agency shall consider:



(1)  Whether sufficient safeguards are included to
ensure that the affected community has continued access to affordable care;



(2)  Whether the purchaser and parties to the
acquisition have made a commitment to provide health care to the disadvantaged,
uninsured, and underinsured, and to provide benefits to the affected community
to promote improved health care.  Current and prior health care activities and
funding for those activities by the seller or its successor nonprofit
corporation or foundation may be considered in evaluating compliance with this
commitment;



(3)  If health care providers will be offered the opportunity
to invest or own an interest in the purchaser or a related entity to the
purchaser; and



(4)  Whether procedures or safeguards are in place to
avoid conflict of interest in patient referral and the nature of those
procedures or safeguards.



This section does not apply higher standards to
hospitals covered by this part than those applicable to hospitals not covered
by this part. [L 1998, c 257, pt of §1]