| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 5 MRSA §194, sub-§1, as enacted by PL 2001, c. 550, Pt. A, | §1, is amended to read: |
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| | 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: |
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| A. A corporation formed under Title 13 or Title 13-B | primarily for charitable purposes; and |
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| | Sec. 2. 5 MRSA §194-A, sub-§1, ķI, as enacted by PL 1997, c. 344, §1, | is amended to read: |
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| 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. |
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| | Sec. 3. 5 MRSA §194-A, sub-§2, as enacted by PL 1997, c. 344, §1 and | affected by §10, is amended to read: |
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| | 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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