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

 
Except for state-operated mental health hospitals, any
hospital licensed by the department is subject to an annual
assessment under this chapter. The department shall determine and
collect the assessment. The amount of the assessment must be
based upon each hospital's gross patient service revenue. For any
fiscal year, the aggregate amount raised by assessment may not
exceed $200,000. The department shall deposit funds collected
under this section into a dedicated revenue account. Funds
remaining in the account at the end of each fiscal year do not
lapse but carry forward into subsequent years. Funds deposited
into the account must be allocated to carry out the purposes of
this chapter.

 
§1851.__Application fee

 
The application fee for a certificate of public advantage is
governed by this section.__The application fee for a certificate
of public advantage that involves a merger of 2 or more
hospitals, each of which has 50 or more beds, is $10,000.__The
application fee for a certificate of public advantage for all
other cooperative agreements is $2,500.__The department shall
deposit all funds received under this section and section 1844,
subsection 5 into a nonlapsing dedicated revenue account to be
used only by the Attorney General for the payment of the cost of
experts and consultants in connection with reviews conducted
under this chapter.

 
§1852.__Rulemaking

 
The department shall adopt rules to carry out the purposes of
this chapter.__Rules adopted pursuant to this section are routine
technical rules as defined in Title 5, chapter 375, subchapter 2-
A.

 
Sec. 2. 22 MRSA c. 405-D. as amended, is repealed.

 
Sec. 3. Effective date. This Act takes effect January 1, 2007.

 
SUMMARY

 
This bill repeals the Hospital Cooperation Act of 1992. It
enacts the Hospital and Health Care Provider Cooperation Act to
provide a mechanism that hospitals and health care providers may
use to provide state action immunity under federal antitrust laws
when hospitals enter into cooperative agreements with other
hospitals and health care providers enter into cooperative
agreements with other health care providers. The bill sets the
application fees for hospital and health care provider


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