N.Y. Comp. Codes R. & Regs. Tit. 10 § 83-2.2 - Certificate of public advantage
(a)
Effect.
Parties that have
received a certificate of public advantage issued by the department shall be
provided state action immunity under Federal antitrust laws and immunity from
private claims under state antitrust laws and may negotiate, enter into, and
conduct business pursuant to, a cooperative agreement or a planning process
covered by a duly issued certificate of public advantage. The Attorney General
may seek relief under state antitrust law after:
(1) consulting with the department, the
mental hygiene agencies as appropriate, and the parties to the certificate of
public advantage; and
(2) providing
the parties with a reasonable opportunity to modify their conduct or agreement,
if the challenged conduct is inconsistent with or beyond the scope of the
certificate of public advantage or if the Attorney General determines that the
anticompetitive effects of the parties' conduct or business arrangement
outweigh the benefits of the conduct or business arrangement.
(b)
Application.
(1) Parties to a
cooperative agreement or planning process may apply to the department for a
certificate of public advantage governing that cooperative agreement or
planning process. The application must be submitted in a format determined by
the department and shall be provided by the department to the Attorney General
and, as appropriate, the mental hygiene agencies.
(2) The application for a certificate of
public advantage governing a cooperative agreement must include a copy of the
cooperative agreement, any related agreements or side letters (including a
description of any related oral agreement), a description of the nature and
scope of the activities and cooperation included in the cooperative agreement,
a full description of any consideration passing to any party under the
cooperative agreement and any additional documentation or information required
by the department.
(3) The
application for a certificate of public advantage governing a planning process
must include a detailed letter of intent with respect to the potential
cooperative agreement, a description of the nature and scope of the activities
and cooperation likely to be included in the potential cooperative agreement
and any additional documentation or information required by the
department.
(4) The applicants must
supply any additional documentation or information requested by the department
within 30 days, or any other stated time frame of such request, or must obtain
from the department an extension of the time in which to provide such
documentation or information which is requested during the review of the
application. Any request for an extension of time shall set forth reasons why
such documentation or information could not be obtained within the prescribed
time. The granting of a request for an extension shall be at the discretion of
the department.
(5) Failure to
provide such documentation or information within the time prescribed or as
extended by the department shall constitute an abandonment or withdrawal of the
application without any further action from the department, the Attorney
General, mental hygiene agencies as appropriate, or the public health and
health planning council.
(c) To the extent that the cooperative
agreement contemplates activities that are subject to certificate of need or
other approval or notice submission requirements pursuant to law or regulation,
the parties shall also submit the required applications or notices.
Notes
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