LD 2110
pg. 4
Page 3 of 16 An Act To Establish the Hospital and Health Care Provider Cooperation Act Page 5 of 16
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LR 3274
Item 1

 
A. The department shall review and evaluate the application
in accordance with the standards set forth in subsection 5.

 
B.__Any person may provide the department with written
comments concerning the application within 30 days after the
public notice in subsection 3, paragraph A.

 
C.__The department shall provide the Attorney General and
the Governor's Office of Health Policy and Finance with
copies of all comments from persons submitted under
paragraph B.

 
D. The department may hold a public hearing regarding an
application in accordance with rules adopted by the
department.

 
E. The parties to a cooperative agreement may withdraw their
application and thereby terminate all proceedings under this
chapter as follows:

 
(1) Without the approval of the department, any party
or the Superior Court at any time prior to the filing
of an answer or responsive pleading in a court action
under section 1848, subsection 2 or prior to entry of a
consent decree under section 1848, subsection 9; or

 
(2) Without the approval of the department or any party
at any time prior to the issuance of a final decision
under paragraph G if a court action has not been filed
under section 1848, subsection 2.

 
F. The department shall issue a final decision to grant or
deny an application for a certificate of public advantage
under this section no less than 40 days and no more than 90
days after the filing of the application. The department
shall issue a preliminary decision at least 5 days prior to
issuing the final decision. The preliminary and final
decisions must be in writing and set forth the basis for the
decisions.__The department shall provide copies of the
preliminary and final decisions to the applicants, the
Office of the Attorney General, the Governor's Office of
Health Policy and Finance and all persons who requested
notification from the department under subsection 3,
paragraph B.

 
5.__Standards for approval of a certificate of public
advantage. The department shall issue a certificate of public
advantage for a cooperative agreement if it determines that the
applicants have demonstrated by a preponderance of the evidence
that the likely benefits resulting from the agreement outweigh
any disadvantages attributable to a reduction in competition


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