§ 6-19-407 — Attorney general review and assessment

(1) The attorney
general may review any notice and filing made under this part 4 and assess whether
the proposed transaction complies with the requirements of section 6-19-403.

(2) If, after review and assessment, the attorney general concludes that all
of the requirements of section 6-19-403 have been met, the attorney general shall
issue a written assessment and conclusion to such effect on the proposed
transaction. If the attorney general concludes, after discussions with the parties to
the transaction, that all of the requirements of section 6-19-403 have not been met,
or if the attorney general is unable to conclude whether or not all of the
requirements of section 6-19-403 have been met, the attorney general shall issue a
written assessment and conclusion to such effect on the proposed transaction.
Such nonconclusive or noncomplying assessment and conclusion shall include
specific findings on each of the requirements of section 6-19-403. The attorney
general may also issue a written statement that a formal assessment and review
has not been determined necessary for the covered transaction or that the
transaction does not constitute a covered transaction.

(3) The attorney general may challenge any proposed transaction at any
time through injunction, declaratory order, or otherwise, in the district court of the
jurisdiction in which the nonprofit entity proposing the transaction has its principal
place of business or where the hospital involved in the transaction is located. If the
attorney general's assessment and review under this section is challenged in court,
the attorney general's conclusions shall be the focus of the review by the reviewing
court and shall be given strong deference by such court. The burden shall be upon
the proponents of the transaction to establish that the attorney general's
conclusions are not in conformance with statutory provisions. The court shall have
the power to issue whatever orders are necessary to ensure compliance with the
provisions of section 6-19-403.

Legislative History

Source: L. 98: Entire article added, p. 528, � 1, effective April 30.