LD 2110
pg. 14
Page 13 of 16 An Act To Establish the Hospital and Health Care Provider Cooperation Act Page 15 of 16
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LR 3274
Item 1

 
1.__Validity of certified cooperative agreements.__Notwithstanding
Title 5, chapter 10; Title 10, chapter 201; or any other provision
of law, a cooperative agreement for which a certificate of public
advantage has been issued is a lawful agreement. Notwithstanding
Title 5, chapter 10; Title 10, chapter 201; or any other provision
of law, if the parties to a cooperative agreement file an
application for a certificate of public advantage governing the
agreement with the department, the conduct of the parties in
negotiating and entering into a cooperative agreement is lawful
conduct. This subsection does not provide immunity to any person
for conduct in negotiating and entering into a cooperative
agreement for which an application for a certificate of public
advantage is not filed.

 
2.__Validity of cooperative agreements determined not in
public interest.__In an action by the Attorney General under
section 1848, subsection 2, if the Superior Court determines that
the applicants have not established by a preponderance of the
evidence that the likely benefits resulting from a cooperative
agreement outweigh any disadvantages attributable to any
potential reduction in competition resulting from the agreement,
the cooperative agreement is invalid and has no further force or
effect when the judgment becomes final after the time for appeal
has expired or the judgment of the Superior Court is affirmed on
appeal.

 
3.__Other laws, rules and regulations.__This chapter does not
exempt covered entities from compliance with laws governing
certificates of need or other applicable laws, rules and
regulations.

 
4.__Contract disputes.__A dispute between parties to a
cooperative agreement concerning its meaning or terms is governed
by normal principles of contract law.

 
5.__Termination; surrender.__This chapter does not prohibit
certificate holders from terminating their cooperative agreement
by mutual agreement, consent decree or court determination or by
surrendering their certificate of public advantage to the
department.__Any certificate holder that terminates the agreement
shall file a notice of termination with the department within 30
days after termination, surrender the certificate of public
advantage and submit copies to the Attorney General and the
Governor's Office of Health Policy and Finance at the time the
notice of termination is submitted to the department.

 
§1850.__Assessment


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