Sale or Lease by Hospital Authority; Hearing Required; Factors to Be Considered at Hearing; Applicability; Requirements for Lease

  1. Law
  2. Georgia Code
  3. Health
  4. Regulation and Construction of Hospitals and Other Health Care Facilities
  5. County and Municipal Hospital Authorities
  6. Sale or Lease by Hospital Authority; Hearing Required; Factors to Be Considered at Hearing; Applicability; Requirements for Lease

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  1. No hospital which is owned by a hospital authority may be sold or leased to a for profit entity, a not for profit entity, or another hospital authority unless a public hearing regarding such action is held in the county where such hospital is located at least 60 days prior to such sale or lease becoming effective. In the event there is more than one participating unit for an authority, a hearing shall be held in each participating unit's county at least 60 days prior to the sale or lease becoming effective. The hospital authority must publish notice of the hearing at least three times, with the first such notice appearing at least 60 days prior to the hearing in the legal organ of each participating unit. At each such public hearing, the hospital authority shall describe, discuss, or otherwise disclose:
    1. The reasonably foreseeable adverse and beneficial effects of such lease or sale upon health care in the service area of the hospitals to be leased or sold, and, for purposes of this paragraph, the service area shall include the county in which the hospital is located and each adjoining county;
    2. A financial statement indicating the estimated value of the total assets and liabilities to be transferred or received in the transaction; however, if the value of any individual asset exceeds $100,000.00, a description and the value of such assets shall be indicated on the financial statement; and
    3. The resumes of the top five executive officers who will manage the facility after it is sold or leased.

      This subsection shall not apply to any transaction which is subject to the provisions of Code Section 31-7-89.1.

  2. No hospital which is owned by a hospital authority may be leased to another person, corporation, or business entity, other than as provided in paragraphs (23) and (24) of Code Section 31-7-75, unless such lease requires that:
    1. At least one member of the hospital authority will serve as a full voting member upon the governing body or local board of the business entity exercising control and management powers over the leased hospital; and
    2. The governing body or local board of the business entity exercising control and management powers over the leased hospital submits to the governing authority of each county in which the hospital is located, within 90 days after the close of the calendar year or that entity's fiscal year, a complete and detailed financial statement for that entity.
  3. Provisions of a lease required by subsection (b) of this Code section may not be renegotiated or otherwise altered or amended for the duration of such lease.

(Code 1981, §31-7-74.3, enacted by Ga. L. 1997, p. 1404, § 3; Ga. L. 1998, p. 128, § 31.)


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