§ 16-21-15-3 — Merger agreement application; requirements; filing; fees; costs

Indiana § 16-21-15-3

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 21: HOSPITALS
• Ch. 15: Certificate of Public Advantage of Hospital Mergers

Text

(a) Any hospital entering into a merger
agreement with another hospital may submit an application to the state
department for a certificate of public advantage to govern the merger
agreement in the manner prescribed by the state department. However,
a hospital may not submit an application under this chapter after May
13, 2025.
(b) The application for a certificate of public advantage must
include the following:
(1) A written copy of the merger agreement.
(2) A written description of the nature and scope of the merger.
(c) Any documentation submitted under this section with the
application that is deemed to be proprietary information shall be clearly
identified as proprietary information and a copy of the application with
the proprietary information redacted for public records must be
submitted by the applicant.
(d) An applicant must also file a complete copy of the application
for a certificate of public advantage with:
(1) the office of the secretary of family and social services in a
manner prescribed by the office of the secretary; and
(2) the office of the attorney general in a manner prescribed by the
office of the attorney general.
(e) The state department shall assess a filing fee for an application
for a certificate of public advantage that is reasonably sufficient to fully
fund the costs of the review of the application and ongoing supervision
if the application is granted, including any fees for consultants and
experts. The state department may not spend any money on the
implementation of this chapter until the state department has received
a filed application and received the filing fee.
(f) If the state department incurs costs of the review of the
application and administration of the program that exceed the
application fee collected, the applicant for a certificate of public
advantage shall pay the reasonable charges incurred by the state
department, as determined by the state department.
(g) The reasonable costs of services concerning the program:
(1) include the cost of fees for consultants and experts; and
(2) must be commensurate with the usual compensation for like
services.

Legislative History

As added by P.L.104-2021, SEC.2. Amended by P.L.62-2022, SEC.4; P.L.143-2022, SEC.43; P.L.100-2025, SEC.2.