STATE STATUTES & CODES
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UTAH STATUTES AND CODES
26-8a-415 - Changes in ownership.
26-8a-415. Changes in ownership.
(1) A licensed provider whose ownership or controlling ownership interest has changedshall submit information to the department, as required by department rule:
(a) to establish whether the new owner or new controlling party meets minimumrequirements for licensure; and
(b) except as provided in Subsection (2), to commence an administrative proceeding todetermine whether the new owner meets the requirement of public convenience and necessityunder Section 26-8a-408.
(2) An administrative proceeding is not required under Subsection (1)(b) if:
(a) the change in ownership interest is among existing owners of a closely heldcorporation and the change does not result in a change in the management of the licensee or in thename of the licensee;
(b) the change in ownership in a closely held corporation results in the introduction ofnew owners, provided that:
(i) the new owners are limited to individuals who would be entitled to the equity in theclosely held corporation by the laws of intestate succession had the transferor died intestate at thetime of the transfer;
(ii) the majority owners on January 1, 1999, have been disclosed to the department byOctober 1, 1999, and the majority owners on January 1, 1999, retain a majority interest in theclosely held corporation; and
(iii) the name of the licensed provider remains the same;
(c) the change in ownership is the result of one or more owners transferring their intereststo a trust, limited liability company, partnership, or closely held corporation so long as thetransferors retain control over the receiving entity;
(d) the change in ownership is the result of a distribution of an estate or a trust upon thedeath of the testator or the trustor and the recipients are limited to individuals who would beentitled to the interest by the laws of intestate succession had the transferor died intestate at thetime of the transfer; or
(e) other similar changes that the department establishes, by rule, as having no significantimpact on the cost, quality, or access to emergency medical services.
(1) A licensed provider whose ownership or controlling ownership interest has changedshall submit information to the department, as required by department rule:
(a) to establish whether the new owner or new controlling party meets minimumrequirements for licensure; and
(b) except as provided in Subsection (2), to commence an administrative proceeding todetermine whether the new owner meets the requirement of public convenience and necessityunder Section 26-8a-408.
(2) An administrative proceeding is not required under Subsection (1)(b) if:
(a) the change in ownership interest is among existing owners of a closely heldcorporation and the change does not result in a change in the management of the licensee or in thename of the licensee;
(b) the change in ownership in a closely held corporation results in the introduction ofnew owners, provided that:
(i) the new owners are limited to individuals who would be entitled to the equity in theclosely held corporation by the laws of intestate succession had the transferor died intestate at thetime of the transfer;
(ii) the majority owners on January 1, 1999, have been disclosed to the department byOctober 1, 1999, and the majority owners on January 1, 1999, retain a majority interest in theclosely held corporation; and
(iii) the name of the licensed provider remains the same;
(c) the change in ownership is the result of one or more owners transferring their intereststo a trust, limited liability company, partnership, or closely held corporation so long as thetransferors retain control over the receiving entity;
(d) the change in ownership is the result of a distribution of an estate or a trust upon thedeath of the testator or the trustor and the recipients are limited to individuals who would beentitled to the interest by the laws of intestate succession had the transferor died intestate at thetime of the transfer; or
(e) other similar changes that the department establishes, by rule, as having no significantimpact on the cost, quality, or access to emergency medical services.
Enacted by Chapter 141, 1999 General Session
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