§1841. Short title This chapter may be known and cited as “the Hospital and Health Care Provider Cooperation Act.” [PL 2005, c. 670, §1 (NEW); PL 2005, c. 670, §4 (AFF).] SECTION HISTORY PL 2005, c. 670, §1 (NEW). PL 2005, c. 670, §4 (AFF).
§1842. Legislative findings and intent The Legislature finds that it is necessary and appropriate to encourage hospitals and other health care providers to cooperate and enter into agreements that will facilitate cost containment, improve quality of care and increase access to health care services. This Act provides processes for state review of overall public benefit, […]
§1843. Definitions As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2005, c. 670, §1 (NEW); PL 2005, c. 670, §4 (AFF).] 1. Cooperative agreement. “Cooperative agreement” means an agreement that names the parties to the agreement and describes the nature and scope of the […]
§1844. Certificate of public advantage 1. Authority. A covered entity may negotiate and enter into a cooperative agreement with another covered entity and may file an application for a certificate of public advantage pursuant to this section. The approval of an application for a certificate of public advantage is governed by the standards of subsection […]
§1845. Continuing supervision Continuing supervision of holders of certificates of public advantage under this chapter may consist of periodic reports, supervisory reviews and additional supervisory activities. [PL 2005, c. 670, §1 (NEW); PL 2005, c. 670, §4 (AFF).] 1. Periodic report and supervisory review. With regard to a certificate of public advantage approved under […]
§1846. Record keeping The department shall maintain records of all applications for a certificate of public advantage, together with the records of all submissions, comments, reports and department proceedings with respect to those applications, certificates approved by the department, continuing supervision and any other proceedings under this chapter. [PL 2005, c. 670, §1 (NEW); […]
§1847. Judicial review of department action An applicant, certificate holder or intervenor aggrieved by a final decision of the department in granting or denying an application for a certificate of public advantage, refusing to act on an application or imposing additional conditions or measures with regard to a certificate of public advantage is entitled to […]
§1848. Attorney General authority 1. Investigative powers. The Attorney General, at any time after an application or letter of intent is filed under section 1844, subsection 2, may require by subpoena the attendance and testimony of witnesses and the production of documents in Kennebec County, or the county in which the applicants are located, for […]
§1849. Effect of filing an application under this chapter; applicability 1. Validity of certified cooperative agreements. Notwithstanding Title 5, chapter 10; Title 10, chapter 201; or any other provision of law, a cooperative agreement for which a certificate of public advantage has been issued is a lawful agreement. Notwithstanding Title 5, chapter 10; Title 10, […]
§1850. Assessment Except for state-operated mental health hospitals, any hospital licensed by the department is subject to an annual assessment under this chapter. The department shall determine and collect the assessment. The amount of the assessment must be based upon each hospital’s gross patient service revenue. For any fiscal year, the aggregate amount raised by […]
§1851. Application fee The application fee for a certificate of public advantage is governed by this section. The application fee for a certificate of public advantage that involves a merger of 2 or more hospitals, each of which has 50 or more beds, is $10,000. The application fee is $2500 for a certificate of public […]
§1852. Rulemaking The department shall adopt rules to carry out the purposes of this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A. [PL 2005, c. 670, §1 (NEW); PL 2005, c. 670, §4 (AFF).] SECTION HISTORY PL 2005, c. 670, §1 (NEW). […]
