- compliance with applicable non-profit and charities law;
- conformance with procedural due care;
- appropriate management of conflict of interests;
- the reasonableness of compensation; and
- whether the transaction is in the public interest.
General Information about the AG's Review
To assist the public in understanding this review process, the Attorney General's Office has posted the following information and documents, which together provide a general overview of the review process as well as key documents from a prior review of a hospital sale by the Attorney General's Office:
- A link to M.G.L. chapter 180, section 8(A)(d);
- A copy of the
Attorney General's Guidelines for Transfers of Non-Profit Acute Care Hospitals and HMOs (PDF)
which provides general guidance regarding the process to be utilized by the Attorney General in reviewing these transactions; and
- Relevant documents from the Attorney General's review and decision making regarding the 2002 transaction by which Deaconess Nashoba Hospital was transferred to Essent. Documents are listed below.
- Nashoba Community Hospital Corporation's Notice to the Attorney General of its Intent to Sell Assets to Essent Healthcare-Ayer, Inc. (PDF)
Statement of the Attorney General filed with the Supreme Judicial Court regarding the Nashoba Community Hospital Corporation Transaction, dated December 20, 2002 (PDF)
- Relevant documents from the Attorney General's review and decision making regarding the 2010 transaction by which Caritas Christi Health Care System ("Caritas") transferred the system's assets and operations to Steward Health Care System LLC an affiliate of Cerberus Capital Management, L.P. A full list of documents is available at www.mass.gov/ago/caritas.
- The Attorney General's Office issued the "Statement of the Attorney General as to the Caritas Christi Transaction" on October 6, 2010 (PDF)
- Supreme Judicial Court for Suffolk County Docket No. SJ-2010-0453 Caritas Christi vs. Martha Coakley as she is the Attorney General of the Commonwealth of Massachusetts, October 29, 2010 (PDF)
Morton Hospital and Medical Center Transaction
Formal notice of the proposed Morton Hospital and Medical Center sale to Steward Health Systems LLC was filed with the Attorney General on May 26, 2011 and the required review has now commenced. A copy of the notice as well as a description of the opportunities available to the public to learn about, and provide comments regarding, the transaction can be found at www.mass.gov/ago/morton.
Quincy Medical Center Transaction
Formal notice of the proposed Quincy Medical Center sale to Steward Health Systems LLC was filed with the Attorney General on July 8, 2011 and the required review has now commenced. A copy of the notice as well as a description of the opportunities available to the public to learn about, and provide comments regarding, the transaction can be found at www.mass.gov/ago/quincy.