HB 324 (BR 1501) - G. Lindsay
AN ACT relating to nonprofit health care facilities.
Create new sections of KRS Chapter 216C to prohibit acquisition of a health care facility without approval of the Cabinet for Human Resources and notice to the Attorney General; provide that approval of the cabinet is not required for facilities not owned by a nonprofit corporation, charitable trust, or private foundation; require a person acquiring a nonprofit health care facility to give at least thirty days notice to the Cabinet for Human Resources and the Attorney General; specify what must be in the application; provide that the application and related documents are open records; require the Attorney General to hold a public hearing on the acquisition; require the cabinet to review the proposed acquisition within 60 days after the hearing; specify criteria to be used in reaching decision for approval or disapproval; the Attorney General may contract with consultants and other agencies; the Attorney General may monitor compliance.
HB 324 - AMENDMENTS
HCS/FN - Expand definition of acquisition; provide that application fee may not exceed licensure fee; move jurisdiction from Cabinet for Human Resources for review of applications and place responsibility with the Attorney General; remove provision relating to what occurs if no action is taken on review and require review within 60 days; increase provision relating to public notice to specify that notice be given 14 days rather than 10 days after receipt of application; delete reference to the cabinet when considering an application for transfer of a health care facility; add to monitoring and compliance criteria changes in reimbursement patterns by third-party payers or other costs affecting indigent health care.
HFA (1, S. Cave) - Change definitions relating to nonprofit health care facility management to reflect the greater of the members or voting rights or interests of a nonprofit health care facility or the assets of a nonprofit health care facility.
HFA (2, S. Nunn) - Retain provisions of HCS except require the Attorney General to review and approve all transfers of hospitals whether nonprofit or for profit.
HFA (3, S. Nunn) - Delete all references in the bill to the term "health care facility" and "facility", and replace all those same references with the term "hospital".
HFA (4, J. Wayne) - Require that the Attorney General consider the structure and governance of the seller and the charitable corporation when determining whether the sale proceeds will be used for appropriate charitable health care purposes.
HFA (5, J. Zimmerman) - Delete references to Attorney General and replace with the Cabinet for Human Resources.
HFA (6, J. Barrows) - Make the Act applicable to acquisition of nonprofits by any person; provide that judicial review shall be de novo; require consideration be given to the structure and governance of the seller when considering whether sale proceeds will be used for appropriate charitable purposes.
HFA (7, S. Nunn) - Retain provisions of House Committee Substitute except require the Attorney General to review all transfers of hospitals whether nonprofit or for profit.
HFA (8, S. Nunn) - Make title amendment.
HFA (9, S. Nunn) - Create a new Section of Chapter 15 to define terms, and to require the Attorney General to review all hospital acquisitions, whether the hospital being acquired is for profit or not-for-profit.
HFA (10, S. Nunn) - Make technical correction.
HFA (11, J. Callahan) - Delete all references in the bill to the term, "health care facility", and replace all those same references with the term "hospital".
HFA (12, B. DeWeese) - Delete all sections of the bill and direct that a task force be appointed to study the issue of acquisition of nonprofit health care facilities.
HFA (13, B. DeWeese) - Delete authority of the cabinet to refuse to issue or renew a license or to revoke or suspend a license.
Jan 20-introduced in House
Jan 21-to Judiciary (H)
Jan 26-posted in committee
Mar 3-reported favorably, 1st reading, to Calendar with Committee Substitute
Mar 4-2nd reading, to Rules; recommitted to Appropriations and Revenue (H); posting waived
Mar 10-reported favorably, to Rules; posted for passage in the Regular Orders of the Day for March 11, 1998; floor amendment (1) filed to Committee Substitute
Mar 11-floor amendments (2) (3) (4) (5) (6) (7) and (9) filed to Committee Substitute; floor amendment (8-title) filed
Mar 12-floor amendments (10) (11) (12) and (13) filed to Committee Substitute
Mar 20-recommitted to Appropriations and Revenue (H)