H. Mitigation or Elimination of Adverse Effect (º 9

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995.

5(d)(5)(H)
A description of each measure proposed by the applicant to mitigate or eliminate any significant
adverse effect on the availability or accessibility of health care services to the affected
community that may result from the agreement or transaction.
The proposed transaction does not present any terms or conditions that would have an
adverse effect on the availability or accessibility of health care services to the affected
communities. Manager and DCHS have agreed in the System Agreement that the newly
recapitalized and governed Health System will continue, not reduce or eliminate, the role of the
Health Facilities as general acute care hospitals, with emergency departments and a trauma
center open to all regardless of ability to pay. Further, Manager and DCHS have agreed that the
Health Facilities will continue to participate in the Medicare and Medi-Cal programs as
providers and will maintain historical levels of financial support for charity care and community
benefit expenditures. No closure or material reduction of services is contemplated by the System
Agreement or otherwise as part of the Restructuring. However, separate from the Restructuring,
beginning in March 2015, DCHS has implemented Mitigation Plans (attached here as Exhibit A)
to streamline staffing and service lines in the face of mounting financial losses.
The transaction with BlueMountain was chosen by the DCHS Board and the Boards of
Directors of the Hospital Corporations because, in their judgment, based on prayerful
discernment and expert advice, it offered the best comprehensive solution to the urgent need for
a strong, stable platform for the Health Facilities by providing access to new capital and new
management. Prompt completion of the transaction offers the communities historically served
by DCHS the best hope of mitigation or elimination of the risk of the greatest harm, closure of
one or more of the Health Facilities.

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