Sec. 1. 22 MRSA c. 405-A is enacted to read:

CHAPTER 405-A

HOSPITAL AND HEALTH CARE PROVIDER COOPERATION ACT

§1841. Short title

This chapter may be known and cited as "the Hospital and Health Care Provider Cooperation Act."

§1842.__Legislative findings and intent

The Legislature finds that it is necessary and appropriate to encourage hospitals and other health care providers to cooperate and enter into agreements that will facilitate cost containment, improve quality of care and increase access to health care services.__This Act provides processes for state review of overall public benefit, for approval through certificates of public advantage and for continuing supervision.__It is the intent of the Legislature that a certificate of public advantage approved under this chapter provide state action immunity under applicable federal antitrust laws.

§1843.__Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1.__Cooperative agreement. "Cooperative agreement" means an agreement that names the parties to the agreement and describes the nature and scope of the cooperation for:

A.__The sharing, allocation or referral of patients, personnel, instructional programs, medical or mental health services, support services or facilities or medical, diagnostic or laboratory facilities, procedures or other services traditionally offered by hospitals or health care providers;

B.__The coordinated negotiation and contracting with payors or employers; or

C.__ The merger of 2 or more hospitals or 2 or more health care providers.

A cooperative agreement under this chapter is an agreement between 2 or more hospitals or an agreement between 2 or more health care providers.__An agreement between one or more