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Gathering Information about the Conversion
In order to participate fully in a local hospital or health plan conversion, it is helpful to find out as much as possible about the transaction. The links below highlight the important relevant issues that you should research. There are a few considerations that are specific to hospital conversions, and these are addressed in the next section, Specific Considerations for Hospitals.
When gathering information, you are fortunate if the conversion law in your state provides for public disclosure, in which case you may be able to obtain the documents by requesting them from the appropriate agency or regulator. Be prepared, though, for the possibility that the parties have removed or “redacted” a significant amount of information. This is possible even if there is a public disclosure requirement. If this happens, you should contact the Attorney General or other regulator to request the “redacted” information be released so the community can thoroughly review the proposal and its implications.
What you can do if your state requires public disclosure:
- Ask the regulator in charge of overseeing the conversion for a copy of all information that has been filed on the proposed conversion.
- Request that all documents submitted regarding the conversion be posted on a website.
- Ask for a database to be maintained so that those interested in the conversion can be informed of updates, filings and other information by email.
- Ask for an ongoing database to be created to inform the public about future conversions.
What you can do if your state does not require public disclosure:
If the law in your state does not require public disclosure, your task will be much more difficult because you will need to formally request that the documents be made available. One way to accomplish this is to make your request under the state’s Freedom of Information Act provision. If you are unable to obtain the transaction documents after expending significant effort, this may be good motivation for improving the conversion legislation in your state.
- Request the conversion documents from the parties.
- If the parties are not willing to provide the documents, submit a public records act (or Freedom of Information Act) request for documents from federal, state, or local government sources.
- Propose a bill to your state legislature requiring full public disclosure of a nonprofit conversion proposal and an open public review process.
- Generate media attention to the fact that key documents, including financial information needed to determine proper value of the assets, are being kept secret.
Also in this section:
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