| | | A. In evaluating the potential benefits of a cooperative | | agreement, the department shall consider whether one or more | | of the following benefits are likely to result from the | | cooperative agreement: |
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| | | (1) Enhancement of the quality of care provided to | | citizens of the State; |
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| | | (2) Preservation of hospitals or health care providers | | and related facilities in geographical proximity to the | | communities traditionally served by those facilities; |
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| | | (3) Gains in the cost efficiency of services provided | | by the hospitals or others; |
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| | | (4) Improvements in the utilization of hospital or | | other health care resources and equipment; |
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| | | (5) Avoidance of duplication of hospital or other | | health care resources; and |
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| | | (6) Continuation or establishment of needed educational | | programs for health care providers. |
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| | | B. The department's evaluation of any disadvantages | | attributable to a reduction in competition likely to result | | from a cooperative agreement may include, but is not limited | | to, the following factors: |
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| | | (1) The extent of any likely adverse impact on the | | ability of health maintenance organizations, preferred | | provider organizations, managed health care service | | agents or other health care payors to negotiate optimal | | payment and service arrangements with hospitals or | | health care providers; |
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| | | (2) The extent of any disadvantages attributable to | | reduction in competition among covered entities or | | other persons furnishing goods or services to, or in | | competition with, covered entities that is likely to | | result directly or indirectly from the cooperative | | agreement; |
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| | | (3) The extent of any likely adverse impact on patients | | or clients in the quality, availability and price of | | health care services; |
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| | | (4) The extent of any likely adverse impact on the access of | | persons enrolled in in-state educational |
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