The collision of healthcare and corporate law in a hospital closure case.
This Article analyzes potential conflicts that arise from both the judicial and administrative approval processes that govern the closure of charitable hospitals through a sale of all or substantially all of their assets. Examining the recent closure attempt by the Manhattan Eye, Ear & Throat Hospital as an example, the Article highlights the various public health and corporate law issues that are raised when a not-for-profit hospital seeks closure. The Article thoroughly discusses both the statutorily and judicially required approval schemes applicable to the closure of charitable hospitals. The Article also suggests ways in which these conflicts might be avoided or remedied, as well as gives advice regarding hospital board decisionmaking.
Himes
S M
SM
Stillman & Friedman, P.C., New York City, USA.
D002608:Charities / Q000331:legislation & jurisprudence; D003220:Conflict, Psychological; D003659:Decision Making, Organizational; D006075:Governing Board; D006271:Health Facility Closure / Q000331:legislation & jurisprudence*; D006782:Hospitals, Special / Q000331:legislation & jurisprudence; D006788:Hospitals, Voluntary / Q000191:economics / Q000331:legislation & jurisprudence*; D006801:Humans; D009519:New York City; D010036:Otolaryngology; D011362:Professional Corporations / Q000331:legislation & jurisprudence; D011635:Public Health Administration / Q000331:legislation & jurisprudence