26 Tex. Admin. Code § 567.26

Current through Reg. 49, No. 44; November 1, 2024

Section 567.26 - Conditions for Issuing a Certificate of Public Advantage

The Texas Health and Human Services Commission (HHSC) will issue a Certificate of Public Advantage (COPA) if:

(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.

26 Tex. Admin. Code § 567.26

Adopted by Texas Register, Volume 45, Number 41, October 9, 2020, TexReg 7092, eff. 6/1/2020and expires 11/27/2020; amended (made permanent) by Texas Register, Volume 45, Number 43, October 23, 2020, TexReg 7588, eff. 10/25/2020; Amended by Texas Register, Volume 47, Number 51, December 23, 2022, TexReg 8728, eff. 1/1/2023