2005 Connecticut Code - Sec. 19a-486d. Sale of nonprofit hospitals: Disapproval by commissioner. Powers of commissioner.
Sec. 19a-486d. Sale of nonprofit hospitals: Disapproval by commissioner.
Powers of commissioner. (a) The commissioner shall deny an application filed pursuant
to subsection (d) of section 19a-486a unless the commissioner finds that: (1) The affected
community will be assured of continued access to affordable health care; (2) in a situation
where the asset or operation to be transferred provides or has provided health care services to the uninsured or underinsured, the purchaser has made a commitment to provide
health care to the uninsured and the underinsured; (3) in a situation where health care
providers or insurers will be offered the opportunity to invest or own an interest in the
purchaser or an entity related to the purchaser safeguard procedures are in place to avoid
a conflict of interest in patient referral; and (4) certificate of need authorization is justified
in accordance with sections 19a-637 to 19a-639, inclusive. The commissioner may contract with any person, including, but not limited to, financial or actuarial experts or
consultants, or legal experts with the approval of the Attorney General, to assist in
reviewing the completed application. The commissioner shall submit any bills for such
contracts to the purchaser. Such bills shall not exceed one hundred fifty thousand dollars.
The purchaser shall pay such bills no later than thirty days after the date of receipt of
such bills.
(P.A. 88-230, S. 10, 12; P.A. 90-98, S. 1, 2; P.A. 93-142, S. 7, 8; P.A. 95-220, S. 4-6; P.A. 97-188, S. 5, 10; P.A. 98-36, S. 6; P.A. 03-73, S. 5; P.A. 04-258, S. 24.)
History: P.A. 97-188 effective June 26, 1997 (Revisor's note: P.A. 88-230, 90-98, 93-142 and 95-220 authorized substitution of "judicial district of Hartford" for "judicial district of Hartford-New Britain" in public and special acts of 1997, effective September 1, 1998); P.A. 98-36 made a technical correction, changing "in" to "within or without" in Subsec. (c); P.A. 03-73 replaced former Subsecs. (a) and (b) with new Subsec. (a), no longer requiring decision by Attorney General before commissioner considers agreement, and redesignated existing Subsec. (c) as new Subsec. (b), making technical changes therein; P.A. 04-258 amended Subsec. (a)(2) by adding "in a situation where the asset or operation to be transferred provides or has provided health care services to the uninsured or underinsured", effective July 1, 2004.
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