3702.524 Certificates not transferable prior to completion of review.
(A) Except as provided in division (B) of this section, a certificate of need granted on or after April 20, 1995, is not transferable prior to the completion of the reviewable activity for which it was granted. If any person holding a certificate of need issued on or after that date transfers the certificate of need to another person before the reviewable activity is completed, or enters into an agreement that contemplates the transfer of the certificate of need on the completion of the reviewable activity, the certificate of need is void. If the controlling interest in an entity that holds a certificate of need issued on or after that date is transferred prior to the completion of the reviewable activity, the certificate of need is void.
(B) Division (A) of this section does not prohibit the transfer of a certificate of need issued on or after April 20, 1995, between affiliated or related persons, as defined in rules adopted under section 3702.57 of the Revised Code, if the transfer does not result in a change in the person that holds the ultimate controlling interest, as defined in the rules, in the certificate of need.
The transfer of a health care facility after the completion of a reviewable activity for which a certificate of need was issued on or after April 20, 1995, is not a transfer of the certificate of need, unless the facility is transferred pursuant to an agreement entered into prior to the completion of the reviewable activity.
Amended by 128th General Assembly File No. 9, HB 1, § 101.01, eff. 10/16/2009.
3702.524 Certificates not transferable prior to completion of review.
(A) Except as provided in division (B) of this section, a certificate of need granted on or after April 20, 1995, is not transferable prior to the completion of the reviewable activity for which it was granted. If any person holding a certificate of need issued on or after that date transfers the certificate of need to another person before the reviewable activity is completed, or enters into an agreement that contemplates the transfer of the certificate of need on the completion of the reviewable activity, the certificate of need is void. If the controlling interest in an entity that holds a certificate of need issued on or after that date is transferred prior to the completion of the reviewable activity, the certificate of need is void.
(B) Division (A) of this section does not prohibit the transfer of a certificate of need issued on or after April 20, 1995, between affiliated or related persons, as defined in rules adopted under section 3702.57 of the Revised Code, if the transfer does not result in a change in the person that holds the ultimate controlling interest, as defined in the rules, in the certificate of need.
The transfer of a health care facility after the completion of a reviewable activity for which a certificate of need was issued on or after April 20, 1995, is not a transfer of the certificate of need, unless the facility is transferred pursuant to an agreement entered into prior to the completion of the reviewable activity.
Amended by 128th General Assembly File No. 9, HB 1, § 101.01, eff. 10/16/2009.
3702.524 Certificates not transferable prior to completion of review.
(A) Except as provided in division (B) of this section, a certificate of need granted on or after April 20, 1995, is not transferable prior to the completion of the reviewable activity for which it was granted. If any person holding a certificate of need issued on or after that date transfers the certificate of need to another person before the reviewable activity is completed, or enters into an agreement that contemplates the transfer of the certificate of need on the completion of the reviewable activity, the certificate of need is void. If the controlling interest in an entity that holds a certificate of need issued on or after that date is transferred prior to the completion of the reviewable activity, the certificate of need is void.
(B) Division (A) of this section does not prohibit the transfer of a certificate of need issued on or after April 20, 1995, between affiliated or related persons, as defined in rules adopted under section 3702.57 of the Revised Code, if the transfer does not result in a change in the person that holds the ultimate controlling interest, as defined in the rules, in the certificate of need.
The transfer of a health care facility after the completion of a reviewable activity for which a certificate of need was issued on or after April 20, 1995, is not a transfer of the certificate of need, unless the facility is transferred pursuant to an agreement entered into prior to the completion of the reviewable activity.
Amended by 128th General Assembly File No. 9, HB 1, § 101.01, eff. 10/16/2009.
