Sec. 314.006. VALIDITY OF CERTIFIED COOPERATIVE AGREEMENTS. (a) Notwithstanding Section 15.05(a), Business & Commerce Code, or any other provision of law, a cooperative agreement for which a certificate of public advantage has been issued is a lawful agreement. Notwithstanding Section 15.05(a), Business & Commerce Code, or any other provision of law, if the parties to a cooperative agreement file an application for a certificate of public advantage governing the agreement with the department, the conduct of the parties in negotiating and entering into a cooperative agreement is lawful conduct.
(b) If the department, or in any action by the attorney general the district court, determines that the applicants have not established by clear and convincing evidence that the likely benefits resulting from a cooperative agreement outweigh any disadvantages attributable to any potential reduction in competition resulting from the agreement, the agreement is invalid and has no further force or effect.
(c) Nothing in this chapter exempts hospitals from compliance with the requirements of Chapters 241 or 577 of this code.
Added by Acts 1993, 73rd Leg., ch. 638, Sec. 1, eff. Sept. 1, 1993. Renumbered from Health & Safety Code Sec. 313.006 by Acts 1995, 74th Leg., ch. 76, Sec. 17.01(25), eff. Sept. 1, 1995.
Structure Texas Statutes
Subtitle F - Powers and Duties of Hospitals
Chapter 314 - Cooperative Agreements Among Hospitals
Section 314.002. Review and Certification of Cooperative Agreements
Section 314.003. Attorney General Authority
Section 314.004. Monitoring of Approved Cooperative Agreements
Section 314.005. Judicial Review of Department Action
Section 314.006. Validity of Certified Cooperative Agreements
Section 314.007. Mergers and Consolidations Involving Hospitals