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The Committee on Health Regulation (Jones) recommended the

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following amendment to amendment (756332):

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     Senate Amendment

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     Delete line(s) 517-526

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and insert:

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     (9)(a) "Controlling entity" means an entity that has the

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ability, acting alone or in concert with others, to directly or

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indirectly influence, direct, control, or cause the direction of

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the operation, management, expenditure of money, or policies of

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a facility.

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     (b) A controlling entity does not include a lender,

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financial institution, or secured creditor who does not exercise

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any influence or control, whether formal or actual, over the

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operation or management of a facility.

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     (10) "Controlling financial interest" means having more

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than a 5 percent financial ownership interest in the facility,

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an affiliate, or controlling entity.

4/7/2008  9:46:00 AM     13-06751-08