MONOPOLIES AND TRADE PRACTICES
IDAHO NONPROFIT HOSPITAL SALE OR CONVERSION ACT
48-1502. Definitions. As used in this act:
(1) "Hospital" means a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment or care for not less than twenty-four (24) hours in any week of two (2) or more nonrelated individuals suffering from illness, disease, injury, deformity, or requiring care because of old age, or a place devoted primarily to providing, for not less than twenty-four (24) hours in any week, of obstetrical or other medical or nursing care for two (2) or more nonrelated individuals.
(2) "Nonprofit hospital" means any hospital, including hospitals owned by corporations, that is organized as a nonprofit concern, however structured or created. The term also includes entities owned, governed or controlled by a nonprofit hospital. The term does not include hospitals which are operated by a governmental unit.
(3) "Nonprofit hospital conversion transaction" means:
(a) The sale, transfer, lease, exchange, optioning, or conveyance of the lesser of thirty million dollars ($30,000,000) or forty percent (40%) of the assets of a nonprofit hospital to an entity or person other than a nonprofit entity or an entity controlled by the nonprofit hospital; or
(b) The transfer of control or governance of the lesser of thirty million dollars ($30,000,000) or forty percent (40%) of the assets of a nonprofit hospital to an entity or person other than a nonprofit entity or an entity controlled by the nonprofit hospital.
(c) "Nonprofit hospital conversion transaction" does not include contracts, in the usual course of business, between the nonprofit hospital and another entity:
(i) For the provision of services to the nonprofit hospital;
(ii) For the sale of equipment; or
(iii) For the leasing of space.
(d) Beginning on July 1, 2001, and each July 1 thereafter, the sums of thirty million dollars ($30,000,000) referenced in subsections (3)(a) and (3)(b) of this section, shall increase or decrease in accordance with the percentage amount change in the hospital services component of the consumer price index as published by the bureau of labor statistics of the United States department of labor.
(4) "Person" means any individual, partnership, trust, estate, corporation, association, joint venture, joint stock company, insurance company or other organization.
(5) "Charitable trust interest" shall mean those factors specifically listed in section 48-1506, Idaho Code.
[48-1502, added 2000, ch. 314, sec. 1, p. 1054.]