Title 31, Chapter 7, Section 89.1
( 31-7-89.1)
(a) As used in this Code section, the term "control" means ownership
of 50 percent or more of the assets of the entity in question or the
ability to influence significantly the operations or decisions of
the entity in question. (b) The sale or lease of assets of a hospital owned or operated by a
hospital authority to an individual, business corporation, general
partnership, limited partnership, limited liability company, limited
liability partnership, joint venture, nonprofit corporation,
hospital authority, or any other for profit or not for profit entity
shall be subject to the notice, hearing, certification, enforcement,
and other requirements of Article 15 of this chapter which are
applicable to dispositions of nonprofit hospitals to acquiring
entities if the disposition of assets constitutes a sale or lease of
50 percent or more of the assets of a hospital having a permit under
this chapter or constitutes a sale or lease which, when combined
with one or more transfers between the same or related parties
occurring within a period of five years, constitutes a sale or lease
of 50 percent or more of the assets of a hospital having a permit
under this chapter; provided, however, that the provisions of this
Code section shall not apply to the restructuring of a hospital
owned by a hospital authority involving a lease of assets to any not
for profit or for profit entity which has a principal place of
business located in the same county where the main campus of the
hospital in question is located and which is not owned, in whole or
in part, or controlled by any other for profit or not for profit
entity whose principal place of business is located outside such
county. (c) Notwithstanding the provisions of subsection (b) of this Code
section, the sale or lease of assets of a hospital owned or operated
by a hospital authority to another hospital authority whose area of
operation is a county contiguous to the county in which is located
the hospital whose sale or lease is proposed shall not be subject to
the requirements of Article 15 of this chapter. (d) Notwithstanding any other provision of this article to the
contrary, a hospital authority which is located in a county having a
population of 50,000 or fewer, according to the United States
decennial census of 1990 or any future such census, may locate a
project outside that hospital authority's area of operation if such
location is in a county which is contiguous to the county of such
hospital authority's area of operation. |