§ 90-21.28. Issuance of a certificate. - North Carolina Statutes

§ 90‑21.28. 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 review period.Such certificate shall include any conditions of operation under the agreementthat the Department, in consultation with the Attorney General, determines tobe appropriate in order to ensure that the cooperative agreement and activitiesengaged in pursuant thereto are consistent with this Article and its purpose tolimit health care costs. The Department shall include conditions to controlprices of health care services provided under the cooperative agreement.Consideration shall be given to assure that access to health care is providedto all areas of the State. The Department shall publish its decisions onapplications for certificates of public advantage in the North CarolinaRegister. (1995, c. 395, s.2.)