LD 1490
pg. 1
LD 1490 Title Page An Act To Update and Clarify the Law Regarding the Conversion of a Nonprofit Ho... Page 2 of 10
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LR 1914
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 5 MRSA §194, sub-§1, as enacted by PL 2001, c. 550, Pt. A,
§1, is amended to read:

 
1. Definition. As used in this section and sections 194-A
to 194-H and section 194-K, "public charity" means an entity
formed primarily for charitable purposes, including but not
limited to:

 
A. A corporation formed under Title 13 or Title 13-B
primarily for charitable purposes; and

 
B. A charitable trust.

 
Sec. 2. 5 MRSA §194-A, sub-§1, ķI, as enacted by PL 1997, c. 344, §1,
is amended to read:

 
I. "Materially changes its form" or "material change in
form" means any transaction that the superintendent or
Attorney General determines has transferred control of the
organization to a noncharitable organization person other
than a public charity as defined in section 194,
substantially changed the organization's legal or
regulatory status or substantially changed the
organization's purposes, including, but not limited to,
conversion, dissolution, merger, division, consolidation,
amalgamation, disposition of substantially all of an
organization's business, line of business or assets,
lease, exchange, restructuring or bulk reinsurance
transfer.

 
Sec. 3. 5 MRSA §194-A, sub-§2, as enacted by PL 1997, c. 344, §1 and
affected by §10, is amended to read:

 
2. Charitable status of organization. Any nonprofit
hospital and medical service organization is a charitable and
benevolent institution and a public charity and its assets are
held for the purpose of fulfilling the charitable purposes of
the organization. The charitable purposes may include, but
are not limited to, the following: providing access to
medical care through affordable health insurance and
affordable managed care products for persons of all incomes;
identifying and addressing the State's unmet health care
needs, particularly with regard to medically uninsured and
underserved populations; making services and care available
through participating providers; and improving the quality of
care for medically uninsured and underserved populations. The
following ownership interests apply in any proceeding in court
or before the superintendent in which the ownership of the
organization is at issue or is relevant.


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