(1) The attorney general has the following powers:
To contract with, consult with, and receive advice from any state agency on thoseterms and conditions that the attorney general and the executive director deem appropriate;
To contract with persons including, but not limited to, attorneys, accountants, actuaries, financial analysts, and health care analysts as is reasonable and necessary to assist in reviewing a proposed transaction. Contract costs shall be borne by the parties to the transaction and shall not exceed an amount that is reasonably necessary to conduct the review and assessment.
To adopt regulations or guidelines as necessary in order to carry out the requirementsof this section;
The discretion to determine, consistent with the requirements of section 6-19-404,the degree of administrative review of the transaction that is necessary to determine whether the transaction conforms with the requirements of section 6-19-403. This determination shall be made by taking into consideration, among other things, the size of the transaction, the size of all communities affected by the transaction, the impact on the communities, and the past performance of the for-profit entity.
To accept and expend grants or donations, or both, not to exceed fifty thousand dollars for the purpose of the implementation of this article. Any such grants or donations shall be deposited into and expended from the nonprofit health care entity review cash fund created in paragraph (f) of this subsection (1).
To request and receive from the for-profit entity such sums as may be prescribed bythe attorney general to cover the necessary and actual costs for monitoring for the ensuing fiveyear period to ensure that the transaction remains in compliance with the requirements of section 6-19-403. Any moneys collected pursuant to this paragraph (f) shall be transmitted to the state treasurer, who shall credit the same to the nonprofit health care entity review cash fund, which fund is hereby created in the state treasury. The moneys in such fund shall be continuously appropriated for the direct and indirect costs of such monitoring. In accordance with section 2436-114, C.R.S., all interest derived from the deposit and investment of this fund shall be credited to the general fund.
To hold a hearing after twenty days' notice to the affected parties if the attorneygeneral receives information that the attorney general deems sufficient to indicate that the nonprofit charitable organization or for-profit entity may not be fulfilling its obligations pursuant to section 6-19-403. If, after such hearing, the attorney general determines that proof of the noncompliance is probable, he or she shall institute proceedings in district court to require corrective action. The attorney general shall retain oversight of the corrective action for as long as necessary to ensure compliance. Nothing in this section shall be construed to limit the attorney general's power to enforce compliance with this section after the expiration of the fiveyear period contemplated by paragraph (f) of this subsection (1).
Source: L. 98: Entire article added, p. 527, § 1, effective April 30.