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Federal Law Update: Ancillary Joint Ventures After ... - Honigman

Federal Law Update: Ancillary Joint Ventures After ... - Honigman

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Expanded Control Test<br />

• Veto power over all actions at JV board<br />

– Exception if purely medical<br />

– What is purely medical?<br />

• Reserved Powers for (c)(3)’s community board<br />

– capital and operating budget and variations over $X<br />

– sale of assets over $X<br />

– incur, assume or guaranty debt over $X<br />

– dissolution, merger, consolidation, sale of substantially all assets<br />

– amendment of the joint venture agreement and governance documents<br />

– affiliations or joint ventures with others<br />

– contracts with for-profit partner(s)<br />

– discontinuance, reduction or termination of service line or location<br />

– discontinuance of Medicare/Medicaid participation<br />

– appointment and removal of management personnel and manager

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