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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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DEPARTMENT OF JUSTICE

 

DIVISION 15

NONPROFIT HOSPITAL CONVERSION

137-015-0005

Transfer of Nonprofit Hospital Assets

The party to whom a hospital transfer is to be made, as described in ORS 65.803(1), shall pay to the Attorney General an application fee, which shall accompany the application, for costs in reviewing and evaluating the proposed transaction. No application shall be considered by the Attorney General until the appropriate fee is received. The amount of the fee shall be calculated as described in paragraphs (1) and (2).

(1) For each of the following types of transactions the fee shall be:

(a) For a transfer or exchange as described in ORS 65.803(1)(a) or (b) from one charitable entity to another existing unrelated charitable entity -- $7,500;

(b) For a whole hospital joint venture between two unrelated charitable entities -- $10,000;

(c) For a transfer or exchange as described in ORS 65.803(1)(a) or (b) from a charitable entity to a noncharitable entity -- $30,000; and

(d) For a whole hospital joint venture between a charitable entity and a noncharitable entity -- $50,000.

(2) The fees described in paragraph (1) are based on the transfer of one hospital facility as described in ORS 442.015(19)(a). The fees described in paragraph (1) shall be increased by 30% for each additional facility to be transferred as part of the transaction.

(3) The application fees collected pursuant to paragraphs (1) and (2) are intended to pay for the Attorney General's costs in reviewing the proposed transaction, preparing an order approving, or disapproving the transaction, evaluating/insuring initial compliance (for a period not to exceed six months) and relating to any appeal from the proceeding.

(4) The application fee is intended to pay for the direct costs of the functions described in paragraph (3) including, but not limited to, the cost for all the Attorney General office personnel and employee time at the billing rates used by the Department of Justice, costs of travel, printing costs and all costs incurred in the noticing and conduct of public meetings.

(5) After the Attorney General has been paid for all of the costs identified in paragraph (4), the Attorney General shall reimburse the applicant for any remaining funds from the application fee, without interest. The funds shall be reimbursed no later than six months after an order is entered or an appeal from such an order is decided or within 30 days of withdrawal if the applicant withdraws the application to approve the transfer.

(6) The Attorney General shall maintain a record of the costs described in paragraph (4) and that record shall be made available, upon request, to the applicant.

Stat. Auth.: ORS 65.815
Stats. Implemented: ORS 65.813(3)
Hist.: DOJ 4-2006, f. & cert. ef. 5-5-06

137-015-0010

Amendment of the Hospital Transfer Order

Pursuant to ORS 65.809(2), the Attorney General may approve a proposed hospital transaction with conditions. In the event the party to whom the transfer is made determines that, due to unforeseen circumstances, the conditions of the order should be amended, the party shall make application to the Attorney General for amendment of the prior order.

(1) The application for amendment shall be accompanied by an application fee equal to 10% of the original application fee or $1,000, whichever is greater. The terms for payment of the fee to the Attorney General and reimbursement of any excess fee to the applicant shall be the same as provided in OAR 137-015-0005.

(2) A request for an amendment shall include a description of each proposed amendment, a description of the change in circumstance requiring each such amendment, a description of how each such amendment is consistent with the Attorney General's conditioned approval of the transaction, and a description of the efforts of the entity making the request to avoid the need for amendment.

(3) In considering whether to grant the request for amendment, the Attorney General shall follow the same public hearing procedures as described in ORS 65.807 and shall issue an order according to the same time constraints as provided in ORS 65.809(1) with regard to the initial application.

Stat. Auth.: ORS 65.815
Stats. Implemented: ORS 65.813(3)
Hist.: DOJ 4-2006, f. & cert. ef. 5-5-06

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