§ 131E-192.3. Certificate of public advantage; application. - North Carolina Statutes

§ 131E‑192.3. Certificate of public advantage; application.

(a)        A hospital and any person who is a party to a cooperativeagreement with a hospital may negotiate, enter into, and conduct businesspursuant to a cooperative agreement without being subject to damages,liability, or scrutiny under any State antitrust law if a certificate of publicadvantage is issued for the cooperative agreement, or in the case of activitiesto negotiate or enter into a cooperative agreement, if an application for acertificate of public advantage is filed in good faith.  It is the intention ofthe General Assembly that immunity from federal antitrust laws shall also beconferred by this statute and the State regulatory program that it establishes.

(b)        Parties to a cooperative agreement may apply to theDepartment for a certificate of public advantage governing that cooperativeagreement.  The application must include an executed written copy of thecooperative agreement or letter of intent with respect to the agreement, a descriptionof the nature and scope of the activities and cooperation in the agreement, anyconsideration passing to any party under the agreement, and any additionalmaterials necessary to fully explain the agreement and its likely effects.  Acopy of the application and all additional related materials shall be submittedto the Attorney General at the same time the application is submitted to theDepartment. (1993, c. 529, s.5.2.)