ROBERT L. EHRLICH, JR., Governor

S.B. 4

(5)     a copy of the acquisition agreement;

(6)     a financial and community impact analysis report from an
independent expert or consultant that addresses the criteria in § 6.5-301 of this title;
[and]

(7)     AN INDEPENDENT VALUATION OF THE NONPROFIT HEALTH
SERVICE PLAN ENTITY THAT WAS OBTAINED PRIOR TO THE CONSIDERATION OF ANY
BID OR OFFER TO ACQUIRE THE NONPROFIT HEALTH GARB ENTITY;

(8)      AN ANTITRUST ANALYSIS PREPARED BY AN APPROPRIATE EXPERT;
AND

[(7)] (9) any other documents related to the acquisition.

6.5-301.

(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 THE VALUE OF PUBLIC OR CHARITABLE ASSETS IS
SPENT IN A MANNER THAT CORRESPONDS WITH THE POTENTIAL RISK ASSOCIATED
WITH AN THE ACQUISITION;

[(2)] (3) 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;

C.      dedicated to improving the quality of health care in the
affected community; and

D.      independent of the transferee;

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