The Texas Health and Human Services Commission (HHSC) will
issue a Certificate of Public Advantage (COPA) if:
(1) it determines under the totality of the circumstances
that:
(A) the proposed merger would likely benefit the public
by maintaining or improving the quality, efficiency, and accessibility
of health care services offered to the public; and
(B) the likely benefits resulting from the proposed
merger agreement outweigh any disadvantages attributable to a reduction
in competition that may result from the proposed merger; and
(2) the application:
(A) provides specific evidence showing that the proposed
merger would likely benefit the public;
(B) explains in detail how the likely benefits resulting
from the proposed merger agreement outweigh any disadvantages attributable
to a reduction in competition; and
(C) sufficiently addresses the following factors:
(i) the quality and price of hospital and health care
services provided to citizens of this state;
(ii) the preservation of sufficient hospitals within
a geographic area to ensure public access to acute care;
(iii) the cost efficiency of services, resources, and
equipment provided or used by the hospitals that are a party to the
merger agreement;
(iv) the ability of health care payors to negotiate
payment and service arrangements with hospitals proposed to be merged
under the agreement;
(v) the extent of any reduction in competition among
physicians, allied health professionals, other health care providers,
or other persons providing goods or services to, or in competition
with, hospitals; and
(vi) any other factor the applicant deems relevant
to HHSC's determination under Texas Health and Safety Code §314A.056.
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