The contracting entity that acquires any health facility by virtue of the provisions of §§ 3326—3326s of this title shall receive its just title. However, the following subsections shall be included in the public deed or contract through which a health facility is transferred:
(a) Any health facilities that are subsequently alienated shall be subject to a conventional retraction in favor of the Commonwealth of Puerto Rico, which may be exercised at any time counting from the effectiveness of the contract between the parties. The right to retract in favor of the Commonwealth of Puerto Rico shall be permanent and will not expire.
(b) The Commonwealth of Puerto Rico shall have the right of first refusal in the event the contracting entity expresses its intention to alienate health facility(ies). Said right of first refusal shall be understood to have been waived by the Commonwealth of Puerto Rico if within ninety (90) [days] after having been notified in writing, the Secretary does not communicate his/her intention to reacquire said health facilities.
The reacquisition price of the health facilities for the Commonwealth of Puerto Rico shall be that for which the contracting entity acquired the facility or the appraisal price established by the Bank at the time of the reacquisition, whichever of the two is less. The rights stated above shall be observed in the event the contracting entity ceases or substantially reduces its operations in the health facilities.
History —Jan. 1, 2003, No. 3, § 15.