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California law requires Attorney General oversight of the sale of non-profit health facilities
SACRAMENTO – California Attorney General Xavier Becerra today issued a letter conditionally approving the sale of Seton Medical Center and Seton Coastside, medical facilities owned and operated by Verity Health System (Verity) that serve San Francisco and San Mateo County, to AHMC Healthcare Inc. Under California law (Corporations Code section 5914 et seq., and California Code of Regulations, title 11, section 999.5), any proposed sale of a non-profit health facility to a for-profit corporation must secure the approval of the state Attorney General, whose statutory charge is to determine whether the transaction is in the public interest and if the transaction impacts the availability or accessibility of healthcare services to the affected community. The Attorney General’s conditional consent represented in today’s letter seeks to protect access to care for the Bay Area communities served by the hospitals. If Verity and AHMC close on the sale with the conditions outlined in the letter, they consent to comply with the conditions.
“As the COVID-19 public health crisis continues to mount, it’s crucial that California communities have access to lifesaving hospital care,” said Attorney General Becerra. “That’s why the conditions we have attached to the proposed sale of Seton focus on improving care and services at the facilities – increasing the amount of charity care, the benefits to the community, and investment in improvements for the facilities. At the California Department of Justice we have a responsibility to make sure that neither a change in ownership nor bankruptcy filing can diminish the quality of care that our communities rely on. Today’s approval keeps it that way.”
The Attorney General’s conditions are based on an independent health expert’s in-depth analysis of the health and medical needs in the surrounding communities. Among other things, these conditions call for AHMC, the prospective purchaser, to:
A copy of the conditional approval letter is available here.