165.40 Acquisition of hospitals.

507 words·~2 min read·/wi/chapter-165/165-40

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Acquisition” means the long-term leasing of a hospital or a system of hospitals, or the acquiring by a person of an ownership or controlling interest in a hospital or a system of hospitals that results in one of the following:

1. A change of at least 20 percent ownership or control.

2. Possession by the person of at least 50 percent ownership or control.

(am)“Department” means the department of health services.

(b)“Hospital” has the meaning given in s. 50.33

(2).

(c)“Local agency” means an agency of a county, city, village or town.

(d)“Nonprofit corporation” has the meaning given in s. 181.0103

(17).

(dm)“Office” means the office of the commissioner of insurance.

(e)“Person” means an individual, sole proprietorship, partnership, association, limited liability company, corporation or joint stock company, lessee, trustee or receiver.

(f)“State agency” has the meaning given in s. 16.004

(a), except that it includes the University of Wisconsin Hospitals and Clinics Authority.

(g)“Working day” has the meaning given in s. 227.01

(14).

(2)Prohibition; approval required.

(a)Except as provided in sub.

(5), no person may engage in the acquisition of a hospital or a system of hospitals owned by any of the following unless the person has first received review and approval of an application concerning the acquisition under this section from the attorney general, the office and the department:

1. A nonprofit corporation.

2. A city.

3. A county.

4. The state.

5. The University of Wisconsin Hospitals and Clinics Authority.

(b)If the proposed acquisition under this subsection is for a system of hospitals, the person who proposes to engage in the acquisition shall provide notice of the impending acquisition to the attorney general, to the office and to the department at least 30 days before the offer to purchase or lease is made. The attorney general shall, within 5 days after receipt of the notice, determine and notify the person as to whether a single application for the system or an application for each hospital within the system shall be submitted for review. If the attorney general determines that an application for each hospital within the system shall be submitted, no submitted application is complete until all complete applications for the hospitals within the system are submitted to the attorney general, to the office and to the department.

(3)Application review by the attorney general, the office and the department; procedures.

(a)An application for review by the attorney general, the office and the department that is required under sub.

(2)shall, at the time the offer to purchase or lease is made, be submitted to the attorney general, to the office and to the department on a form that is provided by the attorney general. The application shall include all of the following:

1. The name of the seller or lessor.

2. The name of the purchaser or lessee and, if applicable, other parties to the acquisition.