Current Status Bill Number:3862 Type of Legislation:Joint Resolution JR Introducing Body:House Introduced Date:19950323 Primary Sponsor:Medical, Military, Public and Municipal Affairs Committee H3M 27 All Sponsors:Medical, Military, Public and Municipal Affairs Committee Drafted Document Number:LPB\11033AC.95 Residing Body:Senate Current Committee:Medical Affairs Committee 13 SMA Subject: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 time
View additional legislative information at the LPITS web site.
INTRODUCED
March 23, 1995
H. 3862
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.