<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".04" citation="COMAR 02.05.01.04" title_num="02" subtitle_num="05" chapter_num="01" heading="Financial and Community Impact Report and Other Expert Assistance.">
  <paragraph num="A.">
    <text>The transferee shall file a financial and community impact report prepared by an independent expert that analyzes whether:</text>
    <paragraph num="(1)">
      <text>The purchase price represents the fair value of the transferor;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The fair value of the transferor will be paid in accordance with State Government Article, §6.5-301(b)(2), Annotated Code of Maryland;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Any part of the public or charitable assets that are subject to the acquisition will inure directly or indirectly to an officer, director, or trustee of the transferor;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Any conflicts of interest exist for any officer, director, or trustee of the transferor; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The transaction is in the public interest, analyzing each factor set forth in State Government Article, §6.5-301(e), Annotated Code of Maryland, including if and to what extent the cost of health care in the community will be affected, and reaching a conclusion on each factor.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>After consultation with the Department, the Attorney General may hire an independent expert, at the expense of the transferee, to prepare a financial and community impact report analyzing one or more of the factors in §A of this regulation or in State Government Article, §6.5-301, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="C.">
    <text>After consultation with the Department, the Attorney General may hire experts, at the expense of the transferee, to assist in executing the responsibilities set forth in State Government Article, Title 6.5, Annotated Code of Maryland.</text>
  </paragraph>
</regulation>