LD 2110
pg. 5
Page 4 of 16 An Act To Establish the Hospital and Health Care Provider Cooperation Act Page 6 of 16
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LR 3274
Item 1

 
likely to result from the agreement.__In issuing a decision on an
application for a certificate of public advantage under this
section, the department shall make specific findings as to the
nature and extent of any likely benefits and disadvantages found
under this subsection.

 
A. In evaluating the potential benefits of a cooperative
agreement, the department shall consider whether one or more
of the following benefits may result from the cooperative
agreement:

 
(1) Enhancement of the quality of care provided to
citizens of the State;

 
(2) Preservation of hospitals or health care providers
and related facilities in geographical proximity to the
communities traditionally served by those facilities;

 
(3) Gains in the cost efficiency of services provided
by the hospitals or others;

 
(4) Improvements in the use of hospital or other health
care resources and equipment;

 
(5) Avoidance of duplication of hospital or other
health care resources; and

 
(6) Continuation or establishment of needed educational
programs for health care providers.

 
B. The department's evaluation of any disadvantages
attributable to a reduction in competition likely to result
from a cooperative agreement may include, but is not limited
to, the following factors:

 
(1) The extent of any likely adverse impact on the
ability of health maintenance organizations, preferred
provider organizations, managed health care service
agents or other health care payors to negotiate optimal
payment and service arrangements with hospitals or
health care providers;

 
(2) The extent of any disadvantages attributable to
reduction in competition among covered entities or
other persons furnishing goods or services to, or in
competition with, covered entities that is likely to
result directly or indirectly from the cooperative
agreement;


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