Section 5. Reversion to Commonwealth.
(a) The documents of conveyance shall provide that Lower Anthracite Community Hospital Corporation shall use the real and personal property in the operation or support of a hospital or other health care facility located on the tract of land conveyed pursuant to section 1 for a period of five years from the date of conveyance. If, at any time during this period, Lower Anthracite Community Hospital Corporation fails to so use the real and personal property, the title shall immediately revert to and revest in the Commonwealth. This condition shall be interpreted to promote the purpose of this act. It is not intended to prevent modifications from the current use which further this purpose. In the event Lower Anthracite Community Hospital Corporation proposes to use any portion of the real or personal property for uses that are not substantially in support of the hospital or health care facility, Lower Anthracite Community Hospital Corporation shall notify the Secretary of Public Welfare in writing of such use, and the secretary shall determine whether this furthers the purpose of this act.
(b) If within five years from the date of the conveyance Lower Anthracite Community Hospital Corporation proposes to convey all or a substantial portion of the hospital facilities presently operated as Shamokin State General Hospital or if unforeseen events require that all or a substantial portion of the hospital facilities presently operated as Shamokin State General Hospital be closed by Lower Anthracite Community Hospital Corporation, Lower Anthracite Community Hospital Corporation 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) The Department of Public Welfare shall have the authority to disapprove such successor owner and operator by written notice provided to Lower Anthracite Community Hospital Corporation not more than 60 days after the giving of such notice of disposition by Lower Anthracite Community Hospital Corporation, in which case such conveyance shall not occur or shall be null or void. In the event that Lower Anthracite Community Hospital Corporation 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 Lower Anthracite Community Hospital Corporation shall transfer the properties described in this act within 30 days of written designation of such successor owner and operator being provided to Lower Anthracite Community Hospital Corporation 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, Lower Anthracite Community Hospital Corporation proposes to convey or to close all or a substantial portion of the hospital facilities pursuant to this section and 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, the title to the property shall immediately revert to and revest in the Commonwealth.
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.