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

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

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

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

(4)  Whether procedures or safeguards are in place toavoid conflict of interest in patient referral and the nature of thoseprocedures or safeguards.

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