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| 2. Validity of cooperative agreements determined not in public | interest. If, in any action by the Attorney General, the Superior | 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, the agreement is invalid and has no further force or | effect when the judgment becomes final after the time for appeal | has expired or the judgment of the Superior Court is affirmed on | appeal. |
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| | | 3. Other laws specifically regulating hospitals. Nothing in | | this chapter exempts hospitals or other health care providers | | from compliance with laws governing certificates of need or | | hospital cost reimbursement. |
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| | | 5. Contract disputes. Any dispute among the parties to a | | cooperative agreement concerning its meaning or terms is governed | | by normal principles of contract law. |
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| | | Sec. 9. 22 MRSA §1888, as amended by PL 1995, c. 232, §7, is | | repealed. |
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| | | Sec. 10. 22 MRSA §1889, as enacted by PL 1995, c. 583, §15, is | | amended to read: |
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| | | Any application for a certificate of public advantage | | involving a merger must be accompanied by an application fee of | | $10,000, unless the hospitals seeking to merge each have less | than 50 licensed beds, in which case the fee is $2,500 | | Any application submitted that includes as a party an entity not | | subject to the assessment described in section 1887 must be | accompanied by an application fee of $5,000. The department | | Attorney General shall place these funds into a nonlapsing | | dedicated revenue account and funds may be used only by the | | Attorney General for the payment of the cost of experts and | | consultants in connection with reviews conducted under this | | chapter. |
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| | | Sec. 11. 22 MRSA §8709, sub-§1, as enacted by PL 1995, c. 653, Pt. A, | | §2 and affected by §7, is amended to read: |
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| | | 1. Financial data. Each health care facility shall file with | the organization, in a form specified by rule pursuant to section | 8704, | | revenues, assets, liabilities, fund balances, other income, | | rates, charges and units of services, except to the extent that |
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