§ 90-21.24. Findings. - North Carolina Statutes

Article 1E.

Certificate of Public Advantage.

§ 90‑21.24.  Findings.

The General Assembly of North Carolina makes the following findings:

(1)        That technological and scientific developments in healthcare have enhanced the prospects for further improvement in the quality of careprovided to North Carolina citizens.

(2)        That the cost of improved technology and improved scientificmethods for the provision of health care contributes substantially to theincreasing cost of health care. Cost increases make it increasingly difficultfor physicians in rural areas of North Carolina to offer care.

(3)        That cooperative agreements among physicians, hospitals, andothers for the provision of health care services may foster improvements in thequality of health care for North Carolina citizens, moderate increases in cost,and improve access to needed services in rural areas of North Carolina.

(4)        That physicians are often in the best position to identifyand structure cooperative arrangements that enhance quality of care, improveaccess, and achieve cost‑efficiency in the provision of care.

(5)        That federal and State antitrust laws may prohibit ordiscourage cooperative arrangements that are beneficial to North Carolinacitizens, despite their potential for or actual reduction in competition, andthat such agreements should be permitted and encouraged.

(6)        That competition as currently mandated by federal and Stateantitrust laws should be supplanted by a regulatory program to permit andencourage cooperative agreements between physicians or between physicians,hospitals, and others, that are beneficial to North Carolina citizens when thebenefits of cooperative agreements outweigh their disadvantages caused by theirpotential or actual adverse effects on competition.

(7)        That regulatory as well as judicial oversight of cooperativeagreements should be provided to ensure that the benefits of cooperativeagreements permitted and encouraged in North Carolina outweigh anydisadvantages attributable to any reduction in competition likely to resultfrom the agreements. (1995, c. 395, s. 2.)