Bill Summary for S 698 (2015-2016)

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Summary date: 

Sep 28 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 698 (Public) Filed Thursday, March 26, 2015
AN ACT TO PROVIDE FOR CERTAIN EXEMPTIONS UNDER THE CERTIFICATE OF NEED LAW.
Intro. by Hise.

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Bill summary

House amendment makes the following changes to the 2nd edition.

Enacts new GS 131E-13(h), concerning the lease or sale of a hospital by a municipality or hospital authority, providing that a municipality or hospital authority can solicit additional, new prospective lessees or buyers if all specified sale requirements have been complied with and after good faith negotiations no lease, sale, or conveyance has been approved. Provides that such solicitation cannot occur before 120 days have passed since the public hearing concerning the transaction was held. Provides that once new lessees or buyers have been solicited, any lease, sale, or conveyance can be approved without repeating compliance with the initial requirements for such a transaction. Sets out the following four exceptions to approving a transaction without repeating compliance requirements: (1) requiring providing information concerning charges, services, and indigent care at similar facilities currently owned or operated by the proposed lessee or buyer, (2) requiring that the municipality or authority declares its intent to approve the transaction at a meeting held on 10 days' public notice as specified, (3) not approving the transaction until 10 days have passed since the meeting required above, and (4) making the proposed contract available to the public at least 10 days before the above required meeting.

Repeals GS Chapter 90, Article 1E (Certificate of Public Advantage) and GS Chapter 131E, Article 9A (Certificate of Public Advantage). Effective January 1, 2018.

Amends GS 131E-23, concerning the powers of a hospital authority, providing that hospital authorities have the power to engage in health care activities outside of North Carolina.