68-11-1306 - Protections, effectiveness, validity and applicability of agreements. - Tennessee Statutes

68-11-1306. Protections, effectiveness, validity and applicability of agreements.

(a)  Notwithstanding title 47, chapter 25, or any other provision of law, a cooperative agreement for which a certificate of public advantage has been issued is a lawful agreement. Notwithstanding title 47, chapter 25, or any other provision of law, if the parties to a cooperative agreement file an application for a certificate of public advantage governing the agreement with the department, the conduct of the parties in negotiating and entering into a cooperative agreement is lawful conduct. Nothing in this subsection (a) immunizes any person for conduct in negotiating and entering into a cooperative agreement for which an application for a certificate of public advantage is not filed.

(b)  If the department determines or, in any action by the attorney general and reporter, if the chancery court determines that the applicants have not established by clear and convincing evidence that the likely benefits resulting from a cooperative agreement outweigh any disadvantages attributable to any potential reduction in competition resulting from the agreement, then the agreement is invalid and has no further force or effect.

(c)  Nothing in this part exempts hospitals or other health care providers from compliance with laws governing certificates of need.

(d)  Any dispute among the parties to a cooperative agreement concerning its meaning or terms is governed by normal principles of contract law.

[Acts 1993, ch. 331, § 6.]