WAC 246-312-020   Definitions.  "Acquisition of a nonprofit hospital" means an acquisition by a person of an interest in a nonprofit hospital, whether by a purchase, merger, lease, gift, joint venture, or otherwise, that results in a change of ownership or control of twenty percent or more of the assets of the hospital, or that results in the acquiring person holding or controlling fifty percent or more of the assets of the hospital.

     This type of acquisition does not include a transaction where the acquiring person:

•	Is a nonprofit corporation having a substantially similar charitable health care purpose as the nonprofit corporation from whom the hospital is being acquired, or is a government entity;
•	Is exempt from federal income tax under section 501 (c)(3) of the Internal Revenue Code or as a government entity; and
•	Will maintain representation from the affected community on the local board of the hospital.

     "Acquisition of a hospital owned by a public hospital district" means an acquisition by a person of any interest in that hospital, whether by a purchase, merger, lease, or otherwise, that results in a change of ownership or control of twenty percent or more of the assets of a hospital currently licensed and operating under RCW 70.41.090.

     Acquisition of a public hospital district hospital does not include a transaction where the other party or parties are:

•	Nonprofit corporations having a substantially similar charitable health care purpose;
•	Organizations exempt from federal income tax under section 501 (c)(3) of the Internal Revenue Code; or
•	Governmental entities.

     This type of acquisition also does not include a transaction where the other party:

•	Is an organization that is a limited liability corporation, a partnership, or any other legal entity and the members, partners, or otherwise designated controlling parties of the organization are all nonprofit corporations having a charitable health care purpose;
•	Are organizations exempt from federal income tax under section 501 (c)(3) of the Internal Revenue Code; or
•	Are governmental entities.

     "Agreement" means a contract, arrangement, or understanding, whether formal or informal, oral or written.

     "Applicant" means the acquiring party.

     "Attorney general" means the Washington state attorney general.

     "Department" means the Washington state department of health.

     "Document" means all computer files and any written, recorded, or graphic material of every kind, that is in a person's possession, custody, or control, regardless of the form of the media in which it is preserved or by whom it was prepared. It includes electronic correspondence and drafts of documents, copies of documents that are not identical duplicates of the originals, and copies of documents the originals of which are not in one's possession, custody or control.

     "Hospital" means any entity that is: Defined as a hospital in RCW 70.41.020 and is required to obtain a license under RCW 70.41.090; or a psychiatric hospital required to obtain a license under chapter 71.12 RCW.

     "Identify" means to provide a statement of: In the case of a person other than a natural person, the names, address (including ZIP code) of the principal place of business, telephone number, and name of chief executive officer; in the case of a natural person, his or her name, business address (including ZIP code) and business telephone number, employer and title or position; in the case of a document, the title of the document, the author, the title or position of the addressee, the type of document, the date it was prepared, the number of pages it comprises, and, if applicable, its production number; in the case of a communication, the date of the communication, the type of communication (telephone conversation, number etc.), the place where the communication took place, the identity of the person who made the communication, the identity of each person who received the communication and each person present when it was made, and the subject matter discussed.

     "Nonprofit hospital" means a hospital owned by a nonprofit corporation organized under Title 24 RCW.

     "Person" means an individual, a trust or estate, a partnership, a corporation including associations, limited liability companies, joint stock companies, and insurance companies.

     "Plans" means tentative and preliminary proposals, recommendations, or considerations, whether or not finalized or authorized, as well as those that have been adopted.

     "Relating to" means in whole or in part, constituting, containing, concerning, embodying, reflecting, describing, analyzing, identifying, stating, referring or dealing with, or in any way pertaining to.



[Statutory Authority: Chapter 70.45 RCW and RCW 70.44.007. 98-14-056, § 246-312-020, filed 6/26/98, effective 7/27/98.]