§ 4552. Notice of material transactions; requirements.
1.A health\ncare entity shall submit to the department written notice, with\nsupporting documentation as described below and further defined in\nregulation developed by the department, which the department shall be in\nreceipt of at least thirty days before the closing date of the\ntransaction, in the form and manner prescribed by the department.\nImmediately upon the submission to the department, the department shall\nsubmit electronic copies of such notice with supporting documentation to\nthe antitrust, health care and charities bureaus of the office of the\nNew York attorney general. Such written notice shall include, but not be\nlimited to:\n (a) The names of the parties to the material transaction and their\ncurrent addresses
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§ 4552. Notice of material transactions; requirements. 1. A health\ncare entity shall submit to the department written notice, with\nsupporting documentation as described below and further defined in\nregulation developed by the department, which the department shall be in\nreceipt of at least thirty days before the closing date of the\ntransaction, in the form and manner prescribed by the department.\nImmediately upon the submission to the department, the department shall\nsubmit electronic copies of such notice with supporting documentation to\nthe antitrust, health care and charities bureaus of the office of the\nNew York attorney general. Such written notice shall include, but not be\nlimited to:\n (a) The names of the parties to the material transaction and their\ncurrent addresses;\n (b) Copies of any definitive agreements governing the terms of the\nmaterial transaction, including pre- and post-closing conditions;\n (c) Identification of all locations where health care services are\ncurrently provided by each party and the revenue generated in the state\nfrom such locations;\n (d) Any plans to reduce or eliminate services and/or participation in\nspecific plan networks;\n (e) The closing date of the proposed material transaction;\n (f) A brief description of the nature and purpose of the proposed\nmaterial transaction including:\n (i) the anticipated impact of the material transaction on cost,\nquality, access, health equity, and competition in the impacted markets,\nwhich may be supported by data and a formal market impact analysis; and\n (ii) any commitments by the health care entity to address anticipated\nimpacts.\n 2. (a) Except as provided in paragraph (b) of this subdivision,\nsupporting documentation as described in subdivision one of this section\nshall not be subject to disclosure under article six of the public\nofficers law.\n (b) During such thirty-day period prior to the closing date, the\ndepartment shall post on its website:\n (i) a summary of the proposed transaction;\n (ii) an explanation of the groups or individuals likely to be impacted\nby the transaction;\n (iii) information about services currently provided by the health care\nentity, commitments by the health care entity to continue such services\nand any services that will be reduced or eliminated; and\n (iv) details about how to submit comments, in a format that is easy to\nfind and easy to read.\n 3. A health care entity that is a party to a material transaction\nshall notify the department upon closing of the transaction in the form\nand manner prescribed by the department.\n 4. Failure to notify the department of a material transaction under\nthis section shall be subject to civil penalties under section twelve of\nthis chapter. Each day in which the violation continues shall constitute\na separate violation.\n