Determination of Whether the Transaction Will Have Effect on Availability or Accessibility to Health Care Services

1. Law
2. Tennessee Code
3. Securities, Corporations and Associations
4. Transition Provisions
5. Public Benefit Hospital Sales and Conveyance Act of 2006
6. Determination of Whether the Transaction Will Have Effect on Availability or Accessibility to Health Care Services

In making a decision whether to object to a public benefit hospital conveyance transaction, the attorney general and reporter shall also determine whether the proposed public benefit hospital conveyance transaction may have a significant effect on the availability or accessibility of health care services to the affected community. In making this determination, the attorney general and reporter shall consider:

1. Whether sufficient safeguards are included to assure the affected community continued access to affordable care;
2. Whether the proposed public benefit hospital conveyance transaction creates or has the likelihood of creating an adverse effect on the access to or availability or cost of health care services to the community;
3. Whether the acquiring entities have made a commitment, at least comparable to the public benefit hospital entity, to provide health care to the disadvantaged, the uninsured and the underinsured, and to provide benefits to the affected community to promote improved health care. Activities and funding provided by the public benefit hospital entity or its successor public benefit hospital entity or foundation to provide such health care or to provide support or medical education and teaching programs or medical research programs shall be considered in evaluating compliance with this commitment;
4. Whether the public benefit hospital conveyance transaction will result in the revocation of hospital privileges;
5. Whether sufficient safeguards are included to maintain appropriate capacity for health science research and health care provider education; and
6. Whether the proposed public benefit hospital conveyance transaction demonstrates that the public interest will be served considering the essential medical services needed to provide safe and adequate treatment, appropriate access and balanced health care delivery to the residents.

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