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NO. R-117. JOINT RESOLUTION RELATING TO THE CONVERSION OF NONPROFIT HEALTH CARE FACILITIES, PROVIDERS, AND INSURANCE COMPANIES INTO FOR-PROFIT COMPANIES .

( J.R.S. 54)

Offered by:Senator Riehle of Chittenden County and Senator Rivers of Windsor Country .

Whereas, in the increasingly competitive health care market in the United States, nonprofit health care facilities, providers, and insurance companies are converting to for-profit companies at an exponential rate, and

Whereas, conversion of nonprofit health care companies into for-profit companies directly affects the charitable use of assets acquired through tax credits or exemptions, and other publicly supported protections or sanctions, and

Whereas, conversion of nonprofit health care companies into for-profit companies may affect the availability of health care to Vermonters, and

Whereas, conversion of nonprofit health care companies into for-profit companies may diminish the local decision-making characteristics of Vermont's nonprofit health care community, and

Whereas, traditional common law principles may not provide adequate procedures and standards to ensure that the interests of the public are protected during the conversion of nonprofit health care companies into for-profit companies, now therefore be it

Resolved by the Senate and House of Representatives:

That the General Assembly is authorized to review and make recommendations concerning nonprofit health care conversions after adjournment of the 1997 session in the manner set forth in this resolution, and be it further

Resolved: That the staff of the Legislative Council is directed to organize a conference on nonprofit health care conversions, hosted by the House Committees on Commerce and Health and Welfare, and the Senate Committees on Health and Welfare and Finance, together with the Attorney General's Office and the Department of Banking, Insurance, Securities and Health Care Administration, to bring together all affected parties to consider whether and to what extent conversions pose public policy concerns that Vermont must address, to investigate how other states have responded to nonprofitconversions, and to discuss possible Vermont responses to nonprofit conversions, and be it further

Resolved: That the Legislative Council may use the assistance of the Milbank Memorial Fund foundation to prepare for, organize, and fund the expenses of the conference, and be it further

Resolved: That all members of the General Assembly shall be invited to the conference, and be it further

Resolved: That a legislative working group consisting of the chairs of the House Committees on Commerce and Health and Welfare, the chairs of the Senate Committees on Health and Welfare and Finance, and one member of each such committee appointed by the Speaker of the House of Representatives or the Committee on Committees for their respective houses, may meet for no more than three times after the conference to consider whether to propose any legislation on nonprofit health care conversions during the 1998 legislative session. Committee members attending such committee meetings shall be entitled to compensation and reimbursement for expenses in accordance with section 406 of Title 2.