§ 6-19-406 — Attorney general powers

Colorado § 6-19-406

• Jurisdiction: Colorado
• Title 06: Consumer
• Art.: Transactions Involving Licensed Hospitals

Text

(1) The attorney general has the
following powers:

(a) To contract with, consult with, and receive advice from any state agency
on those terms and conditions that the attorney general and the executive director
deem appropriate;

(b) To contract with persons including, but not limited to, attorneys,
accountants, actuaries, financial analysts, and health-care analysts as is
reasonable and necessary to assist in reviewing a proposed transaction. Contract
costs shall be borne by the parties to the transaction and shall not exceed an
amount that is reasonably necessary to conduct the review and assessment.

(c) To adopt regulations or guidelines as necessary in order to carry out the
requirements of this section;

(d) The discretion to determine, consistent with the requirements of section
6-19-404, the degree of administrative review of the transaction that is necessary
to determine whether the transaction conforms with the requirements of section 6-19-403. This determination shall be made by taking into consideration, among other
things, the size of the transaction, the size of all communities affected by the
transaction, the impact on the communities, and the past performance of the for-profit entity.

(e) To accept and expend grants or donations, or both, not to exceed fifty
thousand dollars for the purpose of the implementation of this article. Any such
grants or donations shall be deposited into and expended from the nonprofit health
care entity review cash fund created in paragraph (f) of this subsection (1).

(f) To request and receive from the for-profit entity such sums as may be
prescribed by the attorney general to cover the necessary and actual costs for
monitoring for the ensuing five-year period to ensure that the transaction remains
in compliance with the requirements of section 6-19-403. Any moneys collected
pursuant to this paragraph (f) shall be transmitted to the state treasurer, who shall
credit the same to the nonprofit health care entity review cash fund, which fund is
hereby created in the state treasury. The moneys in such fund shall be continuously
appropriated for the direct and indirect costs of such monitoring. In accordance
with section 24-36-114, C.R.S., all interest derived from the deposit and investment
of this fund shall be credited to the general fund.

(g) To hold a hearing after twenty days' notice to the affected parties if the
attorney general receives information that the attorney general deems sufficient to
indicate that the nonprofit charitable organization or for-profit entity may not be
fulfilling its obligations pursuant to section 6-19-403. If, after such hearing, the
attorney general determines that proof of the noncompliance is probable, he or she
shall institute proceedings in district court to require corrective action. The
attorney general shall retain oversight of the corrective action for as long as
necessary to ensure compliance. Nothing in this section shall be construed to limit
the attorney general's power to enforce compliance with this section after the
expiration of the five-year period contemplated by paragraph (f) of this subsection
(1).

Legislative History

Source: L. 98: Entire article added, p. 527, � 1, effective April 30.