| (a) To ensure that the activities of a hospital resulting
from a merger agreement continue to benefit the public, the Texas
Health and Human Services Commission (HHSC) may:
(1) investigate the hospital's activities; and
(2) require the hospital to perform a certain action
or refrain from a certain action or revoke the hospital's certificate
of public advantage, if HHSC determines that:
(A) the hospital is not complying with Texas Health
and Safety Code Chapter 314A, this chapter, or a term or condition
of compliance with the Certificate of Public Advantage (COPA) governing
the hospital's immunized activities;
(B) HHSC's approval and issuance of the COPA was obtained
as a result of material misrepresentation;
(C) the hospital has failed to pay any fee required
under this chapter; or
(D) the benefits resulting from the approved merger
no longer outweigh the disadvantages attributable to the reduction
in competition resulting from the approved merger.
(b) HHSC may make any entrance, inspection, review,
or investigation it considers necessary to ensure the activities of
a hospital operating under a COPA continue to benefit the public.
(1) An HHSC representative may enter the premises of
a hospital operating under the COPA at any reasonable time for purposes
of this chapter.
(2) HHSC may access, inspect, and copy all books, records,
or other documents maintained by or on behalf of a hospital operating
under the COPA as necessary for the purposes of this chapter.
(3) A hospital operating under the COPA shall cooperate
with any entrance, inspection, review, or investigation by HHSC for
the purposes of this chapter.
(4) HHSC shall maintain the confidentiality of hospital
records as applicable under federal and state law.
|
