December 18, 2008

Update on New Jersey’s Community Health Care Assets Protection Act

The current national economic crisis comes at a time when many New Jersey hospitals are already struggling financially. The last year has seen several New Jersey hospitals close and it is expected that others will follow. Hospital closures in New Jersey are subject to Certificate of Need (CN) review and approval by the Commissioner of the Department of Health and Senior Services (DHSS). When a hospital sells all or substantially all of its assets, DHSS and State Attorney General review and Superior Court approval are also required under the Community Health Care Assets Protection Act (CHAPA). These processes are not only lengthy, but also costly and burdensome to hospitals already in financial distress.

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