§ 131E-192.5. Issuance of a certificate. - North Carolina Statutes

§ 131E‑192.5. Issuance of a certificate.

If the Department determines that the likely benefits of a cooperativeagreement outweigh the likely disadvantages attributable to reduction ofcompetition as a result of the agreement by clear and convincing evidence, andthe Attorney General has not stated any objection to issuance of a certificateduring the review period, the Department shall issue a certificate of publicadvantage for the cooperative agreement at the conclusion of the reviewperiod.  The certificate shall include any conditions of operation under theagreement that the Department, in consultation with the Attorney General,determines to be appropriate in order to ensure that the cooperative agreementand the activities engaged under it are consistent with this Article and itspurpose to limit health care costs.  The Department shall include conditions tocontrol prices of health care services provided under the cooperativeagreement.  Consideration shall be given to assure that access to health careis provided to all areas of the State.  The Department shall publish itsdecisions on applications for certificates of public advantage in the NorthCarolina Register. (1993, c. 529, s.5.2.)