HRS §323D-77
What the agency must consider before approving a hospital sale
When deciding whether to approve a hospital sale, the agency must check four things: the community keeps affordable care, the buyer commits to helping the uninsured and underinsured, doctors can invest, and there are rules against conflicts of interest. It cannot hold these hospitals to higher standards than other hospitals.
homeownerstenants
The statute, as written — 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.
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