Delaware Code § 16-9004

Subsidy contract — Department determination of eligibility
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The Department shall consider each application for a subsidy contract. The Department shall either recommend or disapprove each
such application and advise the issuing officers of its decision. No favorable recommendation shall be made by the Department unless
the Department shall find and determine that:
(1) The applicant is a health facilities corporation;
(2) The health facilities corporation is in sound financial condition and is reasonably expected to remain in sound financial condition
during the term of the subsidy contract;
(3) There exists a need for the health facility for which the subsidy contract is sought, taking into account the existing and planned
health facilities in the State; and
(4) The health facilities corporation has a managerial, administrative and medical staff that has conformed, or, in the case of a
health facilities corporation that has not commenced operation of a health facility, is reasonably expected to conform to standards of
professional integrity and ability that may reasonably be required by the State.
The Department may obtain assistance from other State agencies, from the federal government and from private sources in making the
foregoing determinations. The Department may also employ experts to assist it.

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