LD 2110
pg. 11
Page 10 of 16 An Act To Establish the Hospital and Health Care Provider Cooperation Act Page 12 of 16
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LR 3274
Item 1

 
action before or after the department acts on the application for a
certificate; however, the action must be brought no later than 40
days following the department's approval of an application for a
certificate of public advantage. After the filing of a court action
under this subsection, the department may not take any further
action under this chapter and the time periods specified for
departmental action under section 1844, subsection 4 are tolled
until the court action is dismissed by the Attorney General or the
Superior Court orders the department to take further action.

 
3.__Automatic stay.__Upon the filing of a complaint in an
action under subsection 2, the department's approval of a
certificate of public advantage, if previously issued, must be
stayed unless the court orders otherwise or until the action is
concluded. The applicant for a certificate may apply to the
Superior Court for relief from that stay.__Relief may be granted
only upon showing of compelling justification. The Attorney
General may apply to the court for any temporary or preliminary
relief to enjoin the implementation of the cooperative agreement
pending final disposition of the case.

 
4.__Standard for adjudication.__In an action brought under
subsection 2, the applicant for a certificate of public advantage
bears the burden of establishing by a preponderance of the
evidence that, in accordance with section 1844, subsection 5, the
likely benefits resulting from the cooperative agreement and any
conditions proposed by the applicants outweigh any disadvantages
attributable to a reduction in competition that may result from
the agreement. In assessing disadvantages attributable to a
reduction in competition likely to result from the agreement, the
court may draw upon the determinations of federal and Maine
courts concerning unreasonable restraint of trade under 15 United
States Code, Sections 1 and 2 and Title 10, sections 1101 and
1102.

 
5.__Ongoing evaluation of benefits. If, at any time following
the 40-day period specified in subsection 2, the Attorney General
determines that, as a result of changed circumstances or
unanticipated circumstances, the benefits resulting from a
certified cooperative agreement or a consent decree entered under
subsection 9 do not outweigh any disadvantages attributable to a
reduction in competition resulting from the agreement, the
Attorney General may file suit in the Superior Court seeking to
revoke the certificate of public advantage. The standard for
adjudication for an action to revoke brought under this
subsection is as follows.

 
A. Except as provided in paragraph B, in an action brought under
this subsection, the Attorney General has the burden


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