(1) Each specialty hospital must have a joint venture relationship with a hospital or a signed statement from a nonprofit hospital in the community acknowledging that the hospital declined a bona fide, good faith opportunity to participate in a joint venture with the specialty hospital applicant.

(2) To qualify as a joint venture, the agreements must contain the following four elements:

(a) an express agreement or contract creating and defining the joint venture;

(b) a common purpose among the parties;

(c) community of interest; and

(d) equal right to control of the venture.

History: 50-5-103, 50-5-245, MCA; IMP, 50-5-245, MCA; NEW, 2013 MAR p. 54, Eff. 1/18/13.