26 Tex. Admin. Code § 567.26 - Conditions for Issuing a Certificate of Public Advantage
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
The Texas Health and Human Services Commission (HHSC) will issue a
(1) it determines under the totality of the circumstances that:
(A) the proposed merger would likely benefit the public by maintaining or improving the quality, efficiency, and accessibility of health care services offered to the public; and
(B) the likely benefits resulting from the proposed merger agreement outweigh any disadvantages attributable to a reduction in competition that may result from the proposed merger; and
(2) the application:
(A) provides specific evidence showing that the proposed merger would likely benefit the public;
(B) explains in detail how the likely benefits resulting from the proposed merger agreement outweigh any disadvantages attributable to a reduction in competition; and
(C) sufficiently addresses the following factors:
(i) the quality and price of hospital and health care services provided to citizens of this state;
(ii) the preservation of sufficient hospitals within a geographic area to ensure public access to acute care;
(iii) the cost efficiency of services, resources, and equipment provided or used by the hospitals that are a party to the merger agreement ;
(iv) the ability of health care payors to negotiate payment and service arrangements with hospitals proposed to be merged under the agreement;
(v) the extent of any reduction in competition among physicians, allied health professionals, other health care providers, or other persons providing goods or services to, or in competition with, hospitals; and
(vi) any other factor the applicant deems relevant to HHSC's determination under Texas Health and Safety Code § 314A.056.