SB597 SFA Ferns and Plymale 2-18 #1

Johnson 7909

Senators Ferns and Plymale moved to amend the bill on pages four through seven, lines one through sixty, by striking out all of section two-a; 

On page twenty, section five, line two, by striking out the word “The” and inserting in lieu thereof the words: “Effective July 1, 2016, the”;

On page twenty, section five, line six, after the word “board.” by inserting the following: The members of the board in office as of January 1, 2016, shall continue to serve until their respective terms expire or until a successor has been appointed and qualified.;

 On page thirty-eight, section twenty-six after line six by inserting the following:

It is the intention of the Legislature that this chapter shall also immunize cooperative agreements approved and supervised by the authority and activities conducted pursuant thereto from challenge or scrutiny under both state and federal antitrust law.;

On page forty, section twenty-eight, line forty-six after the word “state” by inserting the following: “and to achieve the goals hereinafter set forth”;

On page forty-one, section twenty-eight, line seventy two, after the word “agreement” by striking out the remainder of the paragraph;

On page forty-one, section twenty-eight, lines seventy-five through seventy-eight, by striking out all of paragraph and inserting in lieu thereof a new paragraph, designated paragraph (B),  to read as follows:

(B) In addition to a certificate of need, the authority may also require that an application for review of a cooperative agreement as provided in this section be submitted and approved prior to the finalization of the cooperative agreement.  If the cooperative agreement involves the merger, consolidation or acquisition by a qualified hospital located within a distance of twenty-five highway miles of the main campus of the qualified hospital, and the authority shall have determined that combination is likely to produce anti-competitive effects due to a reduction of competition.  Any such determination shall be communicated to the parties to the cooperative agreement within seven days from approval of a certificate of need for the project.;

On page forty-one, section twenty-eight, lines seventy-eight and eighty by striking out all of paragraph (C) and inserting in lieu thereof a new paragraph, designated paragraph (C), to read as follows:

(C) In reviewing an application for cooperative agreement, the authority shall give deference to the policy statements of the Federal Trade Commission.;

 On page forty-three, section twenty-eight, line one-hundred-eleven, after the word “decision” by inserting the word “within”;

On page forty-five, section twenty-eight, line one-hundred-sixty-seven, after the word “authority” by inserting the following: “, if the authority determines”;

And,

On page forty-nine, section twenty-eight, after line two-hundred-fifty-five by inserting a new subdivision, designated subdivision (2), to read as follows:

(2) Until the promulgation of the emergency rules, the authority shall monitor and regulate cooperative agreements to ensure that their conduct is in the public interest and shall have the powers set forth in subdivision (1) of this subsection, including the power of enforcement set forth in paragraph (G), subdivision (1) of this subsection.” 

Adopted

Rejected