|(a) A cooperative agreement is an agreement among two
or more hospitals for the allocation or sharing of health care equipment,
facilities, personnel, or services, and may be established in accordance
with Health and Safety Code (HSC), Chapter 314.
(b) For purposes of this section only, a hospital is
a private mental hospital licensed under HSC, Chapter 577, or a general
or special hospital licensed under HSC, Chapter 241.
(c) A hospital may negotiate and enter into cooperative
agreements with other hospitals in the state if the likely benefits
resulting from the agreement outweigh any disadvantages attributable
to a reduction in competition that may result from the agreements.
Acting through their boards of directors, a group of hospitals may
conduct discussions or negotiations concerning cooperative agreements,
provided that the discussions or negotiations do not involve price
fixing or predatory pricing.
(d) Parties to a cooperative agreement may apply to
the department for a certification of public advantage governing the
cooperative agreement. The application must include the application
fee in accordance with §134.26(e) of this title (relating to
Fees), and a written copy of the cooperative agreement that describes
the nature and scope of the cooperation in the agreement and any consideration
passing to any party under the agreement. A copy of the application
and copies of all additional related materials must be submitted to
the attorney general and to the department at the same time.
|Source Note: The provisions of this §510.62 adopted to be effective January 1, 2004, 28 TexReg 5154; transferred effective June 1, 2019, as published in the Texas Register May 17, 2019, 44 TexReg 2469