| A. In evaluating the potential benefits of a cooperative | agreement, the department shall consider whether one or more | of the following benefits are likely to result from the | cooperative agreement: |
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| (1) Enhancement of the quality of care provided to | citizens of the State; |
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| (2) Preservation of hospitals or health care providers | and related facilities in geographical proximity to the | communities traditionally served by those facilities; |
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| (3) Gains in the cost efficiency of services provided | by the hospitals or others; |
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| (4) Improvements in the utilization of hospital or | other health care resources and equipment; |
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| (5) Avoidance of duplication of hospital or other | health care resources; and |
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| (6) Continuation or establishment of needed educational | programs for health care providers. |
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| 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: |
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| (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; |
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| (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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| (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 |
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