65-4960. Same; cooperative agreement for which certificate of public advantage issued is lawful agreement; negotiating and entering into cooperative agreement is lawful conduct; application of act; ef - Kansas Statutes

65-4960

Chapter 65.--PUBLIC HEALTH Article 49.--HEALTH CARE PROVIDERS

      65-4960.   Same; cooperative agreement for which certificate of publicadvantage issued is lawful agreement; negotiating and entering into cooperativeagreement is lawful conduct; application of act; effect of provisions ofcooperative agreement.(a) A cooperative agreement for which a certificate of publicadvantage has been issued is a lawful agreement. If the parties to acooperative agreement file an application for a certificate of public advantagegoverning the agreement with the secretary, the conduct of the parties innegotiating and entering into a cooperative agreement is lawful conduct.Nothing in this act shall apply to any cooperative agreement, or to the actionsof persons negotiating or executing a cooperative agreement, not submitted andapproved in accordance with the provisions of this act.

      (b)   The provisions of this act shall apply to any agreement among healthcare providers by which ownership or control over substantially all of thestock, assets or activities of one or more health care providers is placedunder the control of another health care provider.

      (c)   The provisions of this act shall not apply to:

      (1)   Any cooperative agreement entered into by health care providers prior tothe effective date of this act; or

      (2)   any authorized activity of a rural health network underK.S.A. 65-468 et seq., and amendments thereto.

      (d)   The rights and responsibilities of the parties to a cooperativeagreement shall be determined in accordance with the provisions of thecooperative agreement.

      History:   L. 1994, ch. 153, § 6; April 14.