LD 2110
pg. 13
Page 12 of 16 An Act To Establish the Hospital and Health Care Provider Cooperation Act Page 14 of 16
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LR 3274
Item 1

 
decree entered under subsection 9 or with the conditions or
measures added pursuant to additional supervisory activities
under section 1845, subsection 3, the Attorney General may
seek an order from the Superior Court compelling compliance
with such conditions or measures. If the certificate holders
to the merger fail to comply with any court order compelling
compliance with such conditions or measures, the Superior
Court may impose additional equitable remedies to secure
compliance with its orders, including the exercise of civil
contempt powers or appointment of a receiver. If these
additional measures are not effective in securing compliance
with the conditions or measures and the Superior Court
determines that the advantages to be gained by divestiture
outweigh the unavoidable costs of requiring divestiture, the
Superior Court may revoke the certificate and order
divestiture of assets.

 
C.__In an action brought under this subsection, the Attorney
General has the burden of proving by a preponderance of the
evidence the basis for any equitable remedies requested by
the Attorney General and adopted by the Superior Court.

 
7.__Effect of court action.__After the filing of a court
action under subsection 5 or 6, the department may not take any
further action under this chapter until the court action is
dismissed by the Attorney General or the Superior Court orders
the department to take further action.

 
8.__Fees and costs. If the Attorney General prevails in an
action under this section, the Attorney General and the
department are entitled to an award of the reasonable costs of
deposition transcripts incurred in the course of the
investigation or litigation and reasonable attorney's fees,
expert witness fees and court costs incurred in litigation.

 
9.__Resolution by consent decree. The Superior Court may
resolve any action brought by the Attorney General under this
chapter by entering an order with the consent of the parties. The
consent decree may contain any conditions authorized by section
1844, subsection 5, paragraph C or conditions or measures
authorized under section 1845, subsection 3.__A consent decree
under this subsection may not be filed with the Superior Court
until 30 days after the filing of the application under section
1844, subsection 2. Upon the entry of such an order, the parties
to the cooperative agreement have the protection specified in
section 1849 and the cooperative agreement has the effectiveness
specified in section 1849.

 
§1849.__Effect of filing an application under this chapter;

 
applicability


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