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PARRIS N. GLENDENING, Governor Ch. 154
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(g) "Nonprofit health entity" means:
(1) a nonprofit hospital;
(2) a nonprofit health service plan; or
(3) a nonprofit health maintenance organization.
6.5-203.
(H) (1) A DETERMINATION MADE BY THE APPROPRIATE REGULATING
ENTITY UNDER SUBSECTION (F) OF THIS SECTION MAY NOT TAKE EFFECT UNTIL THE
LATER OF:
(1) 90 CALENDAR DAYS AFTER THE DATE THE DETERMINATION IS
MADE; OR
(2) THE LAST DAY OF THE LEGISLATIVE SESSION THAT BEGINS AFTER
THE DATE THE DETERMINATION IS MADE.
(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, THE
GENERAL ASSEMBLY RESERVES THE RIGHT TO DISAPPROVE, BY AN ACT OF THE
LEGISLATURE, THE ACQUISITION OF A NONPROFIT HEALTH ENTITY UNDER THIS
TITLE.
6.5-301.
(a) The appropriate regulating entity shall approve an acquisition unless it
finds the acquisition is not in the public interest.
(b) An acquisition is not in the public interest unless appropriate steps have
been taken to:
(1) ensure that the value of public or charitable assets is safeguarded;
(2) ensure that:
(i) the fair value of the public or charitable assets of a nonprofit
health service plan or a health maintenance organization will be distributed to the
Maryland Health Care Foundation that was established in § 20-502 of the Health -
General Article; or
(ii) 1. 40% of the fair value of the public or charitable assets of a
nonprofit hospital will be distributed to the Maryland Health Care Foundation that
was established in § 20-502 of the Health - General Article; and
2. 60% of the fair value of the public or charitable assets of a
nonprofit hospital will be distributed to a public or nonprofit charitable entity or trust
that is:
A. dedicated to serving the unmet health care needs of the
affected community;
B. dedicated to promoting access to health care in the affected
community;
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- 1567 -
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