| (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 Texas Health and Safety Code (HSC) Chapter 314.
(b) For purposes of this section only, a hospital is
a private psychiatric 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
HHSC for a certification of public advantage governing the cooperative
agreement. The application must include the application fee in accordance
with §510.26(e) of this chapter (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 HHSC at the same time.
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| 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; amended to be effective November 21, 2024, 49 TexReg 9283 |
