Sec. 02.05.01.04. Financial and Community Impact Report and Other Expert Assistance

A. The transferee shall file a financial and community impact report prepared by an independent expert that analyzes whether:

(1) The purchase price represents the fair value of the transferor;

(2) The fair value of the transferor will be paid in accordance with State Government Article, §6.5-301(b)(2), Annotated Code of Maryland;

(3) Any part of the public or charitable assets that are subject to the acquisition will inure directly or indirectly to an officer, director, or trustee of the transferor;

(4) Any conflicts of interest exist for any officer, director, or trustee of the transferor; and

(5) The transaction is in the public interest, analyzing each factor set forth in State Government Article, §6.5-301(e), Annotated Code of Maryland, including if and to what extent the cost of health care in the community will be affected, and reaching a conclusion on each factor.

B. After consultation with the Department, the Attorney General may hire an independent expert, at the expense of the transferee, to prepare a financial and community impact report analyzing one or more of the factors in §A of this regulation or in State Government Article, §6.5-301, Annotated Code of Maryland.

C. After consultation with the Department, the Attorney General may hire experts, at the expense of the transferee, to assist in executing the responsibilities set forth in State Government Article, Title 6.5, Annotated Code of Maryland.