§323D-77 Acquisition; decision by agency. In making a decision whether to approve or disapprove an application, the agency shall consider:
(1) Whether sufficient safeguards are included to ensure that the affected community has continued access to affordable care;
(2) Whether the purchaser and parties to the acquisition have made a commitment to provide health care to the disadvantaged, uninsured, and underinsured, and to provide benefits to the affected community to promote improved health care. Current and prior health care activities and funding for those activities by the seller or its successor nonprofit corporation or foundation may be considered in evaluating compliance with this commitment;
(3) If health care providers will be offered the opportunity to invest or own an interest in the purchaser or a related entity to the purchaser; and
(4) Whether procedures or safeguards are in place to avoid conflict of interest in patient referral and the nature of those procedures or safeguards.
This section does not apply higher standards to hospitals covered by this part than those applicable to hospitals not covered by this part. [L 1998, c 257, pt of §1]
Structure Hawaii Revised Statutes
323D. Health Planning and Resources Development and Health Care Cost Control
323D-11 State health planning and development agency.
323D-12 Health planning and development functions; state agency.
323D-12.6 State health planning and development special fund; created; deposits; expenditures; fees.
323D-13 Statewide health coordinating council.
323D-13.5 Disqualification from position or membership.
323D-14 Functions; statewide health coordinating council.
323D-15 State health services and facilities plan.
323D-17 Public hearings required.
323D-18 Information required of providers.
323D-18.6 Confidentiality of information.
323D-21 Subarea health planning councils, established.
323D-23 OLD REPEALED. §323D-23 Subarea health planning councils, composition, appointment.
323D-44 Applications for certificates of need.
323D-44.5 Administrative review of certain applications for certificate of need.
323D-44.6 Review of certain applications for certificate of need; waiver.
323D-44.7 Monitoring of approved certificates of need.
323D-45.1 Ex parte contacts prohibited.
323D-45.3 Approval of applications required to meet safety, licensure, or accreditation standards.
323D-46 Conditional certification.
323D-46.2 Withdrawal of a certificate of need.
323D-47 Request for reconsideration.
323D-48 Judicial review of state agency decisions.
323D-49 Certificates of need; licenses and permits.
323D-50 Certificates of need, penalties.
323D-53 Periodic reports from health facilities.
323D-54 Exemptions from certificate of need requirements.
323D-72 Acquisition of hospital.
323D-75 Review; decision; rules.
323D-76 Acquisition in the public interest; decision of attorney general.
323D-77 Acquisition; decision by agency.