§ 23-17.14-8 Review process and reviewcriteria by department of health for conversions involving for-profitcorporation as acquiror. – (a) The department shall review all proposed conversions involving a hospitalin which one or more of the transacting parties involves a for-profitcorporation as the acquiror and a not-for-profit corporation as the acquiree.
(b) In reviewing an application for a conversion involvinghospitals in which one or more of the transacting parties is a for-profitcorporation as the acquiror the department shall consider the followingcriteria:
(1) Whether the character, commitment, competence, andstanding in the community, or any other communities served by the proposedtransacting parties, are satisfactory;
(2) Whether sufficient safeguards are included to assure theaffected community continued access to affordable care;
(3) Whether the transacting parties have provided clear andconvincing evidence that the new hospital will provide health care andappropriate access with respect to traditionally underserved populations in theaffected community;
(4) Whether procedures or safeguards are assured to insurethat ownership interests will not be used as incentives for hospital employeesor physicians to refer patients to the hospital;
(5) Whether the transacting parties have made a commitment toassure the continuation of collective bargaining rights, if applicable, andretention of the workforce;
(6) Whether the transacting parties have appropriatelyaccounted for employment needs at the facility and addressed workforceretraining needed as a consequence of any proposed restructuring;
(7) Whether the conversion demonstrates that the publicinterest will be served considering the essential medical services needed toprovide safe and adequate treatment, appropriate access and balanced healthcare delivery to the residents of the state; and
(8) Whether the acquiror has demonstrated that it hassatisfactorily met the terms and conditions of approval for any previousconversion pursuant to an application submitted under § 23-17.14-6.
§ 23-17.14-8 Review process and reviewcriteria by department of health for conversions involving for-profitcorporation as acquiror. – (a) The department shall review all proposed conversions involving a hospitalin which one or more of the transacting parties involves a for-profitcorporation as the acquiror and a not-for-profit corporation as the acquiree.
(b) In reviewing an application for a conversion involvinghospitals in which one or more of the transacting parties is a for-profitcorporation as the acquiror the department shall consider the followingcriteria:
(1) Whether the character, commitment, competence, andstanding in the community, or any other communities served by the proposedtransacting parties, are satisfactory;
(2) Whether sufficient safeguards are included to assure theaffected community continued access to affordable care;
(3) Whether the transacting parties have provided clear andconvincing evidence that the new hospital will provide health care andappropriate access with respect to traditionally underserved populations in theaffected community;
(4) Whether procedures or safeguards are assured to insurethat ownership interests will not be used as incentives for hospital employeesor physicians to refer patients to the hospital;
(5) Whether the transacting parties have made a commitment toassure the continuation of collective bargaining rights, if applicable, andretention of the workforce;
(6) Whether the transacting parties have appropriatelyaccounted for employment needs at the facility and addressed workforceretraining needed as a consequence of any proposed restructuring;
(7) Whether the conversion demonstrates that the publicinterest will be served considering the essential medical services needed toprovide safe and adequate treatment, appropriate access and balanced healthcare delivery to the residents of the state; and
(8) Whether the acquiror has demonstrated that it hassatisfactorily met the terms and conditions of approval for any previousconversion pursuant to an application submitted under § 23-17.14-6.
§ 23-17.14-8 Review process and reviewcriteria by department of health for conversions involving for-profitcorporation as acquiror. – (a) The department shall review all proposed conversions involving a hospitalin which one or more of the transacting parties involves a for-profitcorporation as the acquiror and a not-for-profit corporation as the acquiree.
(b) In reviewing an application for a conversion involvinghospitals in which one or more of the transacting parties is a for-profitcorporation as the acquiror the department shall consider the followingcriteria:
(1) Whether the character, commitment, competence, andstanding in the community, or any other communities served by the proposedtransacting parties, are satisfactory;
(2) Whether sufficient safeguards are included to assure theaffected community continued access to affordable care;
(3) Whether the transacting parties have provided clear andconvincing evidence that the new hospital will provide health care andappropriate access with respect to traditionally underserved populations in theaffected community;
(4) Whether procedures or safeguards are assured to insurethat ownership interests will not be used as incentives for hospital employeesor physicians to refer patients to the hospital;
(5) Whether the transacting parties have made a commitment toassure the continuation of collective bargaining rights, if applicable, andretention of the workforce;
(6) Whether the transacting parties have appropriatelyaccounted for employment needs at the facility and addressed workforceretraining needed as a consequence of any proposed restructuring;
(7) Whether the conversion demonstrates that the publicinterest will be served considering the essential medical services needed toprovide safe and adequate treatment, appropriate access and balanced healthcare delivery to the residents of the state; and
(8) Whether the acquiror has demonstrated that it hassatisfactorily met the terms and conditions of approval for any previousconversion pursuant to an application submitted under § 23-17.14-6.
