§ 1190
489 words·~2 min read·
/ca/health-and-safety-code/1190A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
For purposes of this division, the following definitions shall apply:
(1)“Hedge fund” means a pool of funds managed by investors for the purpose of earning a return on those funds, regardless of the strategies used to manage the funds. Hedge funds include, but are not limited to, a pool of funds managed or controlled by private limited partnerships.
(2)“Hedge fund” does not include:
(A)Natural persons or other entities that contribute, or promise to contribute, funds to the hedge fund, but otherwise do not participate in the management of the hedge fund or the fund’s assets, or in any change in control of the hedge fund or the fund’s assets.
(B)Entities that solely provide or manage debt financing secured in whole or in part by the assets of a health care facility, including, but not limited to, banks and credit unions, commercial real estate lenders, bond underwriters, and trustees.
(C)A hospital or a hospital system that owns one or more licensed hospitals, as defined in subdivision
(a)or
(b)of Section 1250; an affiliate, as defined in Section 150 of the Corporations Code, of a hospital or hospital system; or any entity managed or controlled by a hospital or hospital system.
(D)A public agency, as defined in Section 6500 of the Government Code, including, but not limited to, any of the following settings directly or indirectly owned, operated, managed, controlled by, or otherwise affiliated with, the public agency:
(i)A clinic, as defined in Section 1200.
(ii)An outpatient setting, as defined in Section 1248.
(iii)A health facility, as defined in Section 1250.
(iv)An ambulatory surgical center.
(1)“Private equity group” means an investor or group of investors who primarily engage in the raising or returning of capital and who invests, develops, or disposes of specified assets.
(2)“Private equity group” does not include any of the following:
(A)Natural persons or other entities that contribute, or promise to contribute, funds to the private equity group, but otherwise do not participate in the management of the private equity group or the group’s assets, or in any change in control of the private equity group or the group’s assets.
(B)A hospital or a hospital system that owns one or more licensed hospitals, as defined in subdivision
(a)or
(b)of Section 1250; an affiliate, as defined in Section 150 of the Corporations Code, of a hospital or hospital system; or any entity managed or controlled by a hospital or hospital system.
(C)A public agency, as defined in Section 6500 of the Government Code, including, but not limited to, any of the following settings directly or indirectly owned, operated, managed, controlled by, or otherwise affiliated with, the public agency:
(i)A clinic, as defined in Section 1200.
(ii)An outpatient setting, as defined in Section 1248.
(iii)A health facility, as defined in Section 1250.
(iv)An ambulatory surgical center.