Or. Admin. Code § 409-070-0040 - Material Change Transaction Involving a Charitable Organization or Hospital
(1) The parties
must provide a copy of any notice of a material change transaction involving a
health care entity that is, controls, or is controlled by a charitable
organization to the Charitable Activities Section of the Oregon Department of
Justice in addition to the notice submitted to the Authority in accordance with
OAR 409-070-0030(1)(a).
(2) To the extent applicable, a health care
entity involved in a material change transaction remains subject to the
charitable registration and reporting requirements contained in ORS
128.610 et seq. and to the
Attorney General notification and other provisions contained in ORS Chapter 65,
the Nonprofit Corporations Act, including Attorney General review and approval
of hospital transfers within the scope of ORS
65.803.
(3) The filing of a notice of material change
transaction that is subject to review by each of the Authority and the
Charitable Activities Section of the Oregon Department of Justice under this
rule must be deemed to include an express consent to the sharing between the
Authority and the Department of Justice of confidential material submitted in
connection with such proposed material change transaction. The Authority may
consult with the Department of Justice regarding the potential effects of a
proposed material change transaction on the charitable organization or its
assets or charitable assets held by a health care entity. Confidential material
provided by any party in connection with such proposed material change
transaction shall be maintained as confidential material in accordance with OAR
409-070-0070. Such sharing shall
not constitute a waiver of the confidential status of such materials.
(4) The Authority may condition its approval
of a material change transaction involving a health care entity that is,
controls, or is controlled by a charitable organization on a required filing
with, and approval by, the Charitable Activities Section of the Oregon
Department of Justice.
Notes
Statutory/Other Authority: ORS 415.501
Statutes/Other Implemented: ORS 415.500 - 415.900
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