(k) (1) Notwithstanding any other provision of this article, any action taken
by the Authority to provide for the payment of public body obligations shall be for the
purpose of maintaining the credit rating of this State, its agencies, instrumentalities,
and political subdivisions, ensuring their access to the credit markets, and may not
constitute any payment by or on behalf of a closed or delicensed hospital. A hospital is
not relieved of its obligations with respect to the payment of public body obligations.
The Authority shall be subrogated to the rights of any holders or issuers of public
body obligations, as if the payment or provision for payment had not been made.

(2) The Authority may proceed against any guaranty or other collateral
securing the payment of public body obligations of a closed or delicensed hospital
which was provided by any entity associated with the hospital if such action is
determined by the Authority to be:

(i) Necessary to protect the interests of the holders of the public
body obligations; or

(ii) Consistent with the public purpose of encouraging and assisting
the hospital to close.

(3) In making the determination required under paragraph (2) of this
subsection, the Authority shall consider:

(i) The circumstances under which the guaranty or other collateral
was provided; and

(ii) The recommendations of the Health Services Cost Review
Commission and the [Health Resources Planning Commission] HEALTH CARE
ACCESS AND COST COMMISSION.

(4) Any amount realized by the Authority or any assignee of the
Authority in the enforcement of any claim against a hospital for which a plan has
been developed in accordance with subsection (h) of this section shall be applied to
offset the amount of the fee required to be assessed by the Health Services Cost
Review Commission pursuant to subsection (j) of this section. The costs and expenses
of enforcing the claim, including any costs for maintaining the property prior to its
disposition, shall be deducted from this amount.

(1) It is the purpose and intent of this section that the Health Services Cost
Review Commission, the [Health Resources Planning Commission,] HEALTH CARE
ACCESS AND COST COMMISSION, and the Authority consult with each other and take
into account each others' recommendations in making the determinations required to
be made under this section.

(m) Notwithstanding any other provision of this section, in any suit, action or
proceeding involving the validity or enforceability of any bond or note or any security
for a bond or note, the determinations of the Authority under this section shall be
conclusive and binding.

(n) The Health Services Cost Review Commission, the [Health Resources
Planning Commission,] HEALTH CARE ACCESS AND COST COMMISSION, or the
Authority may waive any notice required to be given to it under this section.