LD 1673
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Page 2 of 16 An Act To Implement the Recommendations of the Commission to Study Maine's Comm... Page 4 of 16
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LR 2373
Item 1

 
Section 501(c)(3) that is engaged primarily in the provision of
mental health services.

 
4.__Reviewing agencies.__"Reviewing agencies" means the
Attorney General, the department and the Governor's Office of
Health Policy and Finance, or its successor, which have joint
authority with respect to applications filed under this chapter.

 
Sec. 5. 22 MRSA §1883, as amended by PL 1995, c. 583, §§3 to 7, is
further amended to read:

 
§1883. Certification for cooperative agreements

 
1. Authority. A hospital or nonprofit mental health care
provider may negotiate and enter into cooperative agreements with
other hospitals or nonprofit mental health care providers in the
State if the likely benefits resulting from the agreements
outweigh any disadvantages attributable to a reduction in
competition that may result from the agreements.

 
2. Application for certificate. Parties to a cooperative
agreement may apply to the department for a certificate of public
advantage governing that cooperative agreement. The application
must include an executed written copy of the cooperative
agreement and describe the nature and scope of the cooperation in
the agreement and any consideration passing to any party under
the agreement. A copy of the The application and copies of all
additional related materials must be submitted simultaneously to
the Attorney General and to the department at the same time
reviewing agencies.

 
2-A. Letter of intent. Parties to a hospital merger
agreement who intend to file an application for a certificate of
public advantage for the merger transaction shall file a letter
of intent describing the proposed merger with the department and
the Attorney General the reviewing agencies at least 45 days
prior to the filing of the application for a certificate of
public advantage.

 
3. Procedure for review. The following procedures apply to
the review of the application by the department.

 
A. The department reviewing agencies shall review and
evaluate the application in accordance with the standards
set forth in subsection 4.

 
B. The department shall furnish copies of any letter of intent,
application or decision to a person who requests copies and to a
person who registers annually with the department for that
purpose. A person may provide the


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