| (3) The extent of any likely adverse impact on patients | or clients in the quality, availability and price of | health care services; |
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| (4) The extent of any likely adverse impact on the | access of persons enrolled in in-state educational | programs for health professions to existing or future | clinical training programs; and |
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| (5) The availability of arrangements that are less | restrictive to competition and achieve the same | benefits or a more favorable balance of benefits over | disadvantages attributable to any reduction in | competition likely to result from the agreement. |
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| C. In evaluating a cooperative agreement under the standards | in paragraphs A and B, the department shall consider the | extent to which any likely disadvantages may be ameliorated | by any reasonably enforceable conditions under subparagraph | (1) and the extent to which the likely benefits or favorable | balance of benefits over disadvantages may be enhanced by | any reasonably enforceable conditions under subparagraph | (2).__Reasonably enforceable conditions are those conditions | that the department determines are subject to future | measurement or evaluation in order to assess compliance with | those conditions. |
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| (1) In a certificate issued under this subsection, the | department may include conditions reasonably necessary | to ameliorate any likely disadvantages of the type | specified in paragraph B. |
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| (2) In a certificate issued under this subsection, the | department may include additional conditions, if | proposed by the applicants, designed to achieve public | benefits, which may include but are not limited to the | benefits listed in paragraph A. |
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| D.__In a certificate of public advantage issued under this | subsection, the department may include a condition requiring | the certificate holders to submit fees sufficient to fund | expenses for consultants__or experts__necessary for the | continuing supervision required under section 1845. These | fees must be paid at the time of any review conducted under | section 1845. The total amount charged to the certificate | holders for continuing supervision may not exceed $5,000 for | mergers involving hospitals with 50 or more beds and $2,500 | for all other cooperative agreements. |
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