This text of Indiana § 16-21-15-4 (Review of application; certification; compliance terms and conditions;
attorney general investigations) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)The state department, in consultation with
the office of the secretary of family and social services, shall review an
application for a certificate of public advantage and the documentation
filed under section 3 of this chapter to determine whether there is clear
evidence that the proposed merger agreement:
(1)would benefit the population's health outcomes, health care
access, and quality of health care; and
(2)meets the standards described in this section.
(b)The state department shall consider in the review of the
application and documentation the effect of the merger agreement on
the following:
(1)The quality and price of hospital and health care services
provided to Indiana residents, including the demonstration of
population health improvement of the region serviced and the
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(a) The state department, in consultation with
the office of the secretary of family and social services, shall review an
application for a certificate of public advantage and the documentation
filed under section 3 of this chapter to determine whether there is clear
evidence that the proposed merger agreement:
(1) would benefit the population's health outcomes, health care
access, and quality of health care; and
(2) meets the standards described in this section.
(b) The state department shall consider in the review of the
application and documentation the effect of the merger agreement on
the following:
(1) The quality and price of hospital and health care services
provided to Indiana residents, including the demonstration of
population health improvement of the region serviced and the
extent to which medically underserved populations have access
to and are projected to use the proposed services.
(2) The preservation of sufficient health care services within the
geographic area to ensure public access to acute care.
(3) The cost efficiency of services, resources, and equipment
provided or used by the hospitals that are a party to the merger
agreement, including avoidance of duplication of services to
better meet the needs of the community.
(4) The ability of health care payors to negotiate payments and
service agreements with hospitals proposed to be merged under
the merger agreement.
(5) Employment.
(6) Economic impact.
(c) The state department shall grant the certification if the state
department determines in the review of the application and
documentation that, under the totality of the circumstances, the
following apply:
(1) There is clear evidence that the proposed merger would
benefit the population's health outcomes, health care access, and
quality of care in the county.
(2) The likely benefits resulting from the proposed merger
agreement outweigh any disadvantages attributable to a potential
reduction in competition that may result from the proposed
merger.
The holder of a certificate of public advantage issued by the state
department under this chapter receives immunity from claims made
pursuant to federal or state antitrust laws for the duration of the
certificate.
(d) The state department must review and make a determination on
an application filed under this chapter not later than:
(1) one hundred twenty (120) days from the filing of the
application; or
(2) November 9, 2025, for an application filed under this chapter
between January 1, 2025, through May 13, 2025.
(e) The state department's determination on whether to grant the
application must:
(1) be in writing;
(2) specify the basis for the determination; and
(3) be provided to the applicant on the date of the determination.
(f) The state department may include terms or conditions of
compliance with the issuance of a certificate of public advantage under
this chapter.
(g) The state department shall maintain records of all of the
applications filed under this chapter, including records of any terms or
conditions of issuing a certificate of public advantage that are imposed
by the state department.
(h) The office of the attorney general may, at any time after an
application is filed under this chapter and before the state department
makes a determination on the application, require by civil investigative
demand the attendance of witnesses and the production of documents
for purposes of investigating whether the merger agreement satisfies
the requirements of this chapter. Any documents produced or testimony
given under this subsection are subject to confidentiality if the
information is deemed proprietary information. The attorney general
may seek compliance with the issuance of a civil investigative demand
with the appropriate district court of the county in which the merger is
to occur.