(a) Except as provided in subsection (c) of this section, a facility shall notify the Commission at least 30 days prior to executing any financial transaction, contract, or other agreement that would:
(1) Pledge more than 50% of the operating assets of the facility as collateral for a loan or other obligation;
(2) Result in more than 50% of the operating assets of the facility being sold, leased, or transferred to another person or entity; or
(3) Result in more than 50% of all corporate voting rights or governance reserve powers being transferred to or assumed by another person or entity.
(b) Except as provided in subsection (c) of this section, the Commission shall publish a notice of the proposed financial transaction, contract, or other agreement reported by a facility in accordance with subsection (a) of this section in a newspaper of general circulation in the area where the facility is located.
(c) The provisions of this section do not apply to any financial transaction, contract, or other agreement made by a facility with any issuer of tax–exempt bonds, including the Maryland Health and Higher Education Facilities Authority, the State, or any county or municipal corporation of the State, if a notice of the proposed issuance of revenue bonds that meets the requirements of § 147(f) of the Internal Revenue Code has been published.
Structure Maryland Statutes
Title 19 - Health Care Facilities
Subtitle 2 - Health Services Cost Review Commission
Part II - Health Care Facility Rate Setting
Section 19-211 - Jurisdiction of Commission
Section 19-212 - Financial Status
Section 19-214 - Hospital Uncompensated Care and Disproportionate Share Hospital Payment
Section 19-214.1 - Financial Assistance Policy
Section 19-214.2 - Debt Collection Policy
Section 19-214.3 - Violations of 19-214.1 or 19-214.2
Section 19-215 - Uniform Accounting and Financial Reporting System
Section 19-216 - Required Reports of Facilities
Section 19-217 - Notification of Certain Financial Transactions, Contracts or Agreements Required
Section 19-218 - Additional Information
Section 19-219 - Review and Approval of Costs, Rates, Quality, and Efficiency; Investigations
Section 19-220 - Rate Review and Approval Procedures
Section 19-221 - Accounting Principles for Rate Determinations
Section 19-222 - Change of Rate Structures or Charges
Section 19-223 - Fee for Closed or Delicensed Hospitals
Section 19-224 - Report of Transactions With Nonprofit Facility by Trustee, Director, or Officer
Section 19-225 - Hearings and Investigations