Section 8. (a) Ashland Area Community Hospital, Incorporated, shall use the real and personal property in the operation of a hospital and/or other health care facility located on the tract of land conveyed under section 4 for a period of five years from the date of conveyance. If at any time during this period Ashland Area Community Hospital, Incorporated, fails to so use the real and personal property, then the title shall immediately revert to and revest in the Commonwealth. Upon the occurrence of an event that can cause title to the real and personal property to revert and revest in the Commonwealth, title shall revert and revest upon the Secretary of Public Welfare or the Secretary's successor filing evidence of such reverter with the recorder of deeds in the county where the hospital is located.
(b) If within five years from the date of the conveyance Ashland Area Community Hospital, Incorporated, proposes to convey all or a substantial portion of the hospital facilities presently operated as Ashland State General Hospital or if unforeseen events require that all or a substantial portion of the hospital facilities presently operated as Ashland State General Hospital be closed by Ashland Area Community Hospital, Incorporated, Ashland Area Community Hospital, Incorporated, shall provide not less than 120 days' written notice prior to the proposed date of closing or conveyance to the Department of Public Welfare, the President pro tempore of the Senate and the Speaker of the House of Representatives and shall make good faith efforts to obtain a successor owner and operator for the hospital facilities acceptable to the Department of Public Welfare.
(c) During the five-year period, the Department of Public Welfare shall have the authority to disapprove such successor owner and operator by written notice provided to Ashland Area Community Hospital, Incorporated, not more than 60 days after the giving of such notice of disposition by Ashland Area Community Hospital, Incorporated, in which case such conveyances shall not occur and shall be null and void. In the event that Ashland Area Community Hospital, Incorporated, is unsuccessful in identifying a successor owner and operator or in the event that the successor is unacceptable, the Department of Public Welfare shall be authorized to designate a successor owner and operator to whom Ashland Area Community Hospital, Incorporated, shall transfer the properties described under sections 4 and 5 within 30 days of written designation of such successor owner and operator being provided to Ashland Area Community Hospital, Incorporated, by the Department of Public Welfare prior to the proposed date of closing.
(d) If at any time during the five-year period from the date of conveyance Ashland Area Community Hospital, Incorporated, proposes to convey or to close all or a substantial portion of the hospital facilities pursuant to this section and either is:
(1) unsuccessful in identifying a successor owner and operator for the hospital facilities; or
(2) designates a successor owner and operator which is disapproved by the Secretary of Public Welfare,
then the title to the property shall immediately revert to and revest in the Commonwealth. In the event of such an occurrence, the Secretary of Public Welfare or the Secretary's successor shall file evidence of the reversion of the real and personal property of the hospital with the recorder of deeds in the county where the hospital is located.
(e) In the event that the real and personal property revest and revert to the Commonwealth, the reversion shall take place as of the date of the filing of evidence described in subsections (a) and (d).
Compiler's Note: The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
The Secretary of Public Welfare, referred to in this section, was redesignated as the Secretary of Human Services by Act 132 of 2014.