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Session Laws, 2004
Volume 801, Page 957   View pdf image
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ROBERT L. EHRLICH, JR., Governor                             Ch. 257

(7) willfully fail to comply with a lawful order of the Commissioner.
Article - State Government
6.5-201.

(b) An application shall include:

(1)

the name of the transferor;

(2)

the name of the transferee;

(3)

the names of any other parties to the acquisition agreement;

(4)

the terms of the proposed acquisition, including the sale price;

(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 HEALTH CARE NONPROFIT HEALTH 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

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Session Laws, 2004
Volume 801, Page 957   View pdf image
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