LD 1673
pg. 6
Page 5 of 16 An Act To Implement the Recommendations of the Commission to Study Maine's Comm... Page 7 of 16
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LR 2373
Item 1

 
provider organizations, managed health care service
agents or other health care payors to negotiate optimal
payment and service arrangements with hospitals,
physicians, allied health care professionals or other
health care providers;

 
(2) The extent of any reduction in competition among
hospitals, physicians, allied health professionals,
other health care providers or other persons furnishing
goods or services to, or in competition with, hospitals
or nonprofit mental health care providers that is
likely to result directly or indirectly from the
hospital cooperative agreement and its likely impact;

 
(3) The extent of any likely adverse impact on
patients or clients in the quality, availability and
price of health care services;

 
(4) The availability of arrangements that are less
restrictive to competition and achieve the same
benefits or a more favorable balance of benefits over
disadvantages attributable to any reduction in
competition likely to result from the agreement; and

 
(5) The extent of any likely adverse impact on the
access of persons in in-state educational programs for
health professions to existing or future clinical
training programs.

 
C. In evaluating the cooperative agreement under the
standards in paragraphs A and B, the department reviewing
agencies shall consider the extent to which any likely
disadvantages may be ameliorated mitigated by any reasonably
enforceable conditions and the extent to which the likely
benefits or favorable balance of benefits over disadvantages
may be enhanced by any reasonably enforceable conditions
under subparagraph (2).

 
(1) In any certificate issued under this subsection,
the department reviewing agencies may include
conditions reasonably necessary to ameliorate mitigate
any likely disadvantages of the type specified in
paragraph B, subparagraphs (1) to (3).

 
(2) In any certificate issued under this subsection,
the department reviewing agencies may include
additional conditions, if proposed by the applicants,
designed to achieve public benefits, which that may
include but are not limited to the benefits listed in
paragraph A.


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