California Code of Regulations
Title 22 - Social Security
Division 7 - Health Planning and Facility Construction
Chapter 11.5 - Promotion of Competitive Health Care Markets; Health Care Affordability
Article 1 - Material Change Transactions and Pre-Transaction Review
Section 97439 - Request for Expedited Review of Notices of Material Change Transaction

Universal Citation: 22 CA Code of Regs 97439

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) A submitter may request expedited review of a notice of a material change transaction by providing the Office, concurrently with the submission required by section 97435:

(1) A detailed explanation, in accordance with subsection (b), of the conditions necessitating expedited review;

(2) Any documentation substantiating the necessity of expedited review; and

(3) The date by which the submitter requests that the Office complete its review.

(b) A submitter must demonstrate that either of the conditions below exists:

(1) Severe financial distress of one or more of the parties to the transaction. "Severe financial distress" means grave risk of immediate business failure, such as a substantial likelihood that a party to the transaction (or an entity affected by the transaction) will have to file for bankruptcy under Chapter 11 of the Bankruptcy Act (11 U.S.C. Sec. 1101 et seq.) absent expedited review, and that the transaction is necessary to ensure continued health care access in the relevant markets.

(2) A substantial likelihood of a significant reduction in the provision of critical health care services within one or more geographic regions.

(c) A submitter may request that information submitted pursuant to subsection (a) be held confidential in accordance with section 97438(d). If a request for confidentiality is denied in any part, a submitter may withdraw a request to expedite review by submitting a request through the portal.

(d) The Office will grant the request if the submitter has demonstrated that conditions for expedited review exist and the transaction is required to address such conditions.

Note: Authority cited: Sections 127501 and 127501.2, Health and Safety Code. Reference: Section 127507.2, Health and Safety Code.

Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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