§ 68-11-1301. Short Title
This part shall be known and may be cited as the “Hospital Cooperation Act of 1993.”
§ 68-11-1302. Part Definitions
As used in this part, unless the context otherwise requires: “Commissioner” means the commissioner of health; “Cooperative agreement” means an agreement among two (2) or more hospitals for the consolidation by merger or other combination of assets, offering, provision, operation, planning, funding, pricing, contracting, utilization review or management of health services or for the sharing, […]
§ 68-11-1303. Cooperative Agreements — Certificate of Public Advantage
It is the policy of this state, in certain instances, to displace competition among hospitals with regulation to the extent set forth in this part and to actively supervise that regulation to the fullest extent required by law, in order to promote cooperation and coordination among hospitals in the provision of health services and to […]
§ 68-11-1304. Judicial Review
Any applicant or certificate holder aggrieved by a decision of the department denying an application, refusing to act on an application, or terminating a certificate is entitled to judicial review of the department’s decision by the chancery court of Davidson County, which shall be the only available method of judicial review. The chancery court of […]
§ 68-11-1305. Judicial Remedies and Procedures — Subpoenas — Actions — Injunctions
The attorney general and reporter, at any time after an application is filed under § 68-11-1303(b) (now (c)), may require by subpoena the attendance and testimony of witnesses and the production of documents in Davidson County or the county in which the applicants are located for the purpose of investigating whether the cooperative agreement satisfies […]
§ 68-11-1306. Protections, Effectiveness, Validity and Applicability of Agreements
Notwithstanding title 47, chapter 25, or any other law, a cooperative agreement for which a certificate of public advantage has been issued is a lawful agreement. Notwithstanding title 47, chapter 25, or any other law, if the parties to a cooperative agreement file an application for a certificate of public advantage governing the agreement with […]
§ 68-11-1307. Application Fees — Contracting With and Compensation of Qualified Experts, Assistants and Examiners — Rules and Regulations
Parties to a cooperative agreement who have applied to the department for a certificate of public advantage shall pay the charges incurred in the examination of the initial application and, in the event the certificate of public advantage is approved, the charges incurred for the review and ongoing supervision of the agreement, including the expenses […]
§ 68-11-1308. Restrictions on Interpretation and Authority
Unless otherwise permitted by law, nothing in this part shall be deemed to grant any hospital or group of hospitals, pursuant to a cooperative agreement, the authority to operate as a health maintenance organization, preferred provider organization or insurer without obtaining an appropriate license from the department of commerce and insurance. Nothing in this part […]
§ 68-11-1309. Limitation on Referrals
Nothing in this part shall be deemed to permit any referral to a provider-owned facility otherwise prohibited by state or federal law.
§ 68-11-1310. Prohibited Disclosure of Confidential and Proprietary Information in Connection With Hospital Cooperative Agreements
The following records received by the department or the attorney general and reporter from the recipients or applicants of a certificate of public advantage for a cooperative agreement issued pursuant to this part shall not be subject to disclosure pursuant to title 10, chapter 7, part 5: Operating and capital budgets; Existing and future business […]