Current Status Bill Number:
3862Type of Legislation: Joint Resolution JRIntroducing Body: HouseIntroduced Date: 19950323Primary Sponsor: Medical, Military, Public and Municipal Affairs Committee H3M 27All Sponsors: Medical, Military, Public and Municipal Affairs CommitteeDrafted Document Number: LPB\11033AC.95Residing Body: SenateCurrent Committee: Medical Affairs Committee 13 SMASubject: To approve regulation doc. 1806, Department of Health and Environmental Control
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19950404 Introduced, read first time, 13 SMA referred to Committee House 19950330 Read third time, sent to Senate House 19950329 Read second time House 19950323 Introduced, read first timeView additional legislative information at the LPITS web site.
March 23, 1995
Introduced by Medical, Military, Public and Municipal Affairs Committee
S. Printed 3/23/95--H.
Read the first time March 23, 1995.
TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HEALTH CARE COOPERATIVE AGREEMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1806, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The regulations of the Department of Health and Environmental Control, relating to Health Care Cooperative Agreements, designated as Regulation Document Number 1806, and submitted to the General Assembly pursuant to the provisions of Article 1, Chapter 23, Title 1 of the 1976 Code, are approved.
SECTION 2. This joint resolution takes effect upon approval by the Governor.
SUMMARY AS SUBMITTED BY PROMULGATING AGENCY.
The Health Care Cooperative Act requires the department to review cooperative agreements among hospitals, health care purchasers, and other health care providers and to issue a Certificate of Public Advantage when the benefits to South Carolinians outweigh the disadvantages caused by their potential adverse effects on competition.
The major provisions of the Regulations are as follows:
1. After two or more parties have negotiated a cooperative agreement, an application for Certificate of Public Advantage may be submitted to the department should they desire.
2. There is an opportunity for a public hearing.
3. There must be review and comment by the State Attorney General.
4. There is a provision for protection of proprietary information.
5. There is provision for administrative and judicial review in accordance with the State's Administrative Procedures Act.
6. All approved Certificates of Public Advantage must be monitored as long as they are in effect.
7. There is a provision for an application fee and an annual monitoring fee to fund this program.