§ 2950 — Legislative findings

§ 2950. Legislative findings. The legislature finds and determines as\nfollows:\n 1. The health care delivery system is undergoing a major\ntransformation in response to changing demographics and consumer needs,\nchanges in reimbursement policies, the emergence of alternate service\nproviders, and public pressure to control health care costs.\n 2. Such changes have a particularly severe impact on rural health care\ndelivery, which consists of small, frequently isolated providers who\nhave limited financial resources and health support networks. Many such\nproviders are experiencing financial stress or certain barriers to\nchange which could seriously reduce access to quality health care\nservices by individuals in rural environs.\n 3. This development calls for greater sharing of information and\nresources among rural health care providers. The promotion of proper\nplanning and cooperative efforts among such providers would improve\nindividual access to health care in rural areas and enhance\ncost-effectiveness in the delivery of such services as tertiary, acute,\nprimary, home health and skilled nursing care; and illness prevention.\n 4. It is, therefore, the intent of the legislature to encourage\ncontinued access to high quality health care in rural areas as well as\nthe development of rural health network agreements among providers of\nhealth care servicing rural areas which result in the merger or\nintegration and coordination of health care services pursuant to such\nnetwork agreements; and to provide the necessary funding for such\nnetworks.\n 5. It is further the intent of the legislature that as needed,\nregulatory waivers may be granted to participating providers as required\nto successfully implement networks within the limits of prudent\nprovision for the health, safety, and general welfare of the people\nreceiving health care. In addition, the commissioner shall actively\nprovide for technical assistance in order to support the creation and\noperation of rural health networks.\n 6. It is further the intent of the legislature that, in order to\npromote access to health care services, to increase the required linkage\nof health care service providers, and promote the quality and continuity\nof care provided to residents in rural areas, it shall be the policy of\nthis state to encourage cooperative, collaborative and integrative\narrangements between rural networks and health care providers who might\notherwise be competitors, under the active supervision of the\ncommissioner. To the extent such arrangements might be anti-competitive\nwithin the meaning and intent of the federal antitrust laws, it is\nfurther the intent of the legislature to supplant competition with such\narrangements to the extent necessary to accomplish the purposes of this\narticle, and provide state action immunity under the federal antitrust\nlaws with respect to the planning, implementation and operation of rural\nhealth networks and central services facility rural health networks and\nhealth care providers participating in or members of such networks.\n