4. The Commissioner of Health, in consultation with the State Treasurer and the New Jersey Health Care Facilities Financing Authority, may award a grant to a hospital or other licensed health care facility from the fund if the commissioner determines that, due to extraordinary circumstances, the grant is necessary to maintain access to essential health care services or referral sources, as appropriate. In determining whether to award a grant to a licensed health care facility, the commissioner shall consider whether, at a minimum, the following factors are present:

a. Extraordinary circumstances threaten access to essential health services for residents in a community;

b. Persons in a community will be without ready access to essential health care services in the absence of the award of a grant from the fund;

c. Funding is unavailable from other sources to preserve or provide essential health care services;

d. A grant from the fund is likely to stabilize access to the essential health care services;

e. There is a reasonable likelihood that the essential health care services will be sustainable upon the termination of the grant;

f. The proposed recipient of the grant agrees to conditions established by the commissioner for receipt of a grant; and

g. The hospital or other licensed health care facility serves a significant number of uninsured and underinsured persons.

L.2008, c.33, s.4; amended 2012, c.17, s.237.