LD 2110
pg. 12
Page 11 of 16 An Act To Establish the Hospital and Health Care Provider Cooperation Act Page 13 of 16
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LR 3274
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of establishing by a preponderance of the evidence that, as a
result of changed circumstances or unanticipated
circumstances, the benefits resulting from the cooperative
agreement and the unavoidable costs of revoking the
certificate are outweighed by disadvantages attributable to a
reduction in competition resulting from the agreement. For
purposes of this paragraph, "unanticipated circumstances"
includes the failure to realize anticipated benefits of the
agreement or the realization of unanticipated anticompetitive
effects from the agreement.

 
B. In an action brought under this subsection, if the
Attorney General first establishes by a preponderance of the
evidence that the department's certification was obtained as
a result of material misrepresentation to the department or
the Attorney General or as the result of coercion, threats
or intimidation toward any party to the cooperative
agreement, then the parties to the agreement bear the burden
of establishing by clear and convincing evidence that the
benefits resulting from the agreement and the unavoidable
costs of revoking the agreement outweigh the disadvantages
attributable to any reduction in competition resulting from
the agreement.

 
6.__Enforcement of conditions. Conditions and measures
included in a certificate of public advangtage may be enforced
according to this subsection.

 
A. If the certificate holders in a cooperative agreement not
involving a merger are not in substantial compliance with
the conditions included in the certificate of public
advantage under section 1844, subsection 5 or a consent
decree entered under subsection 9 or with the conditions or
measures added pursuant to additional supervisory activities
under section 1845, subsection 3, the Attorney General may
seek an order from the Superior Court compelling compliance
with such conditions or measures or other appropriate
equitable remedies. If the Superior Court grants such relief
and that relief is not effective in securing compliance with
the conditions or measures, the Superior Court may impose
additional equitable remedies, including the exercise of
civil contempt powers, or may revoke the certificate upon a
determination that advantages to be gained by revoking the
certificate outweigh the unavoidable costs resulting from a
revocation of the certificate.

 
B. If the certificate holders in a cooperative agreement
involving a merger are not in substantial compliance with the
conditions included in the certificate of public advantage under
section 1844, subsection 5 or a consent


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