LD 1673
pg. 5
Page 4 of 16 An Act To Implement the Recommendations of the Commission to Study Maine's Comm... Page 6 of 16
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LR 2373
Item 1

 
4. Standards for certification. The department shall issue a
certificate of public advantage for a cooperative agreement if it
determines the reviewing agencies determine that the applicants
have demonstrated by clear and convincing evidence that the likely
benefits resulting from the agreement outweigh any disadvantages
attributable to a reduction in competition that may result from the
agreement.

 
A. In evaluating the potential benefits of a cooperative
agreement, the department reviewing agencies shall consider
whether one or more of the following benefits may result
from the cooperative agreement:

 
(1) Enhancement of the quality of hospital or
nonprofit mental health care, mental health care or
related care provided to Maine citizens;

 
(2) Preservation of hospital or nonprofit mental
health care provider and related facilities in
geographical proximity to the communities traditionally
served by those facilities;

 
(3) Gains Lower costs and gains in the cost efficiency
of services provided by the hospitals or nonprofit
mental health care providers involved;

 
(4) Improvements in the utilization of hospital or
nonprofit mental health care provider resources and
equipment;

 
(5) Avoidance of duplication of hospital or nonprofit
mental health care resources; and

 
(6) Continuation or establishment of needed
educational programs for health care professionals and
providers.

 
In any certificate for a merger issued under this chapter,
the department reviewing agencies shall make specific
findings as to the nature and extent of any likely benefit
found under this paragraph.

 
B. The department's reviewing agencies' evaluation of any
disadvantages attributable to any reduction in competition
likely to result from the agreement may include, but need
not be limited to, the following factors:

 
(1) The extent of any likely adverse impact on the ability of
health maintenance organizations, preferred


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