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Change in Procedure of Review Due to Sparks Decision

In light of the opinion of the Georgia Court of Appeals in Sparks v. The Hospital Authority of the City of Bremen and County of Haralson, 241 Ga. App. 485 (1999), the Attorney General has announced the following change in the procedure for review of the acquisition or disposal of the assets of a hospital under the Hospital Acquisition Law, O.C.G.A. § 31-7-400 et seq.

No party shall be contractually bound to consummate the proposed transaction on the date of the Notice to the Attorney General. Therefore, the proposed acquisition agreement which is submitted to the Attorney General shall not be executed by the parties. A public hearing will be held as soon as possible after submission to the Attorney General of all the information and documents required by the Notice. Within ten (10) business days after the public hearing, the parties jointly shall advise the Attorney General in writing as to whether the parties have elected either to (i) modify the transaction in light of public comment received, (ii) terminate the transaction, (iii) proceed with the transaction as initially submitted, or (iv) take such other action as may be specified by the parties.

Effective the 3rd day of April, 2000.