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Section 501(c)(3) that is engaged primarily in the provision of | mental health services. |
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| | 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. |
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| | Sec. 5. 22 MRSA §1883, as amended by PL 1995, c. 583, §§3 to 7, is | further amended to read: |
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| §1883. Certification for cooperative agreements |
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| | 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. |
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| | 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. |
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| | 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. |
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| | 3. Procedure for review. The following procedures apply to | the review of the application by the department. |
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| A. The department reviewing agencies shall review and | evaluate the application in accordance with the standards | set forth in subsection 4. |
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| 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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