Section 510.62 - Cooperative Agreements(a) A cooperative agreement is an agreement among two or more hospitals for the allocation or sharing of health care equipment, facilities, personnel, or services, and may be established in accordance with Texas Health and Safety Code (HSC) Chapter 314.(b) For purposes of this section only, a hospital is a private psychiatric hospital licensed under HSC Chapter 577, or a general or special hospital licensed under HSC Chapter 241.(c) A hospital may negotiate and enter into cooperative agreements with other hospitals in the state if the likely benefits resulting from the agreement outweigh any disadvantages attributable to a reduction in competition that may result from the agreements. Acting through their boards of directors, a group of hospitals may conduct discussions or negotiations concerning cooperative agreements, provided that the discussions or negotiations do not involve price fixing or predatory pricing.(d) Parties to a cooperative agreement may apply to HHSC for a certification of public advantage governing the cooperative agreement. The application must include the application fee in accordance with § 510.26(e) of this chapter (relating to Fees), and a written copy of the cooperative agreement that describes the nature and scope of the cooperation in the agreement and any consideration passing to any party under the agreement. A copy of the application and copies of all additional related materials must be submitted to the attorney general and to HHSC at the same time.26 Tex. Admin. Code § 510.62
The provisions of this §510.62 adopted to be effective January 1, 2004, 28 TexReg 5154; Chapter Transferred from Title 25, Part 1, Chapter 134 by Texas Register, Volume 44, Number 20, May 17, 2019, TexReg 2469, eff. 6/1/2019; Amended by Texas Register, Volume 49, Number 46, November 15, 2024, TexReg 9287, eff. 11/21/2024