Washington § 19.390.030 - Notice of material change.

(1) Not less than sixty days prior to the effective date of any transaction that results in a material change, the parties to the transaction shall submit written notice to the attorney general of such material change.

(2) For the purposes of this section, a material change includes:

(a) A merger, acquisition, or contracting affiliation between two or more entities of the following types:

(i) Hospitals;

(ii) Hospital systems; or

(iii) Provider organizations;

(b) Transactions involving any entity or person that result in a change of majority ownership or control of a hospital, hospital system, or provider organization including, but not limited to, a merger, acquisition, or contracting affiliation;

(c) Acquisitions, sales, or transfers of the majority of the assets of a hospital, hospital system, or provider organization including, but not limited to, real property sale and leaseback transactions; or

(d) A conversion of a hospital, hospital system, or provider organization from a nonprofit corporation or a foreign nonprofit corporation to:

(i) A domestic or foreign for-profit corporation; or

(ii) A domestic or foreign unincorporated entity.

(3) A material change includes proposed changes identified in subsection (2)(a) of this section between a Washington entity and an out-of-state entity where the out-of-state entity generates $10,000,000 or more in health care services revenue from patients residing in Washington state, and the entities are of the types identified in subsection (2)(a) of this section. Any party to a material change that is licensed or operating in Washington state shall submit a notice as required under this section.

(4) For purposes of subsection (2) of this section, a transaction between two or more hospitals, hospital systems, or provider organizations only qualifies as a material change if the hospitals, hospital systems, or provider organizations did not previously have common ownership or a contracting affiliation.

(5) For purposes of this section, a notice shall be considered filed upon filing of the written notice pursuant to RCW 19.390.040 with payment of the filing fee required by RCW 19.390.035.