Kansas Statutes 65-4960. Same; cooperative agreement for which certificate of public advantage issued is lawful agreement; negotiating and entering into cooperative agreement is lawful conduct; application of act; effect of provisions of cooperative …
Terms Used In Kansas Statutes 65-4960
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Cooperative agreement: means an agreement among two or more health care providers for the sharing, allocation or referral of patients, personnel, instructional programs, support services and facilities, or medical, diagnostic or laboratory facilities or procedures or other services traditionally offered by health care providers. See Kansas Statutes 65-4956
- health care provider: means a health care provider as that term is defined by Kan. See Kansas Statutes 65-4941
- Secretary: means the secretary of health and environment. See Kansas Statutes 65-4956
(a) A cooperative agreement for which a certificate of public advantage has been issued is a lawful agreement. If the parties to a cooperative agreement file an application for a certificate of public advantage governing the agreement with the secretary, the conduct of the parties in negotiating and entering into a cooperative agreement is lawful conduct. Nothing in this act shall apply to any cooperative agreement, or to the actions of persons negotiating or executing a cooperative agreement, not submitted and approved in accordance with the provisions of this act.
(b) The provisions of this act shall apply to any agreement among health care providers by which ownership or control over substantially all of the stock, assets or activities of one or more health care providers is placed under the control of another health care provider.
(c) The provisions of this act shall not apply to:
(1) Any cooperative agreement entered into by health care providers prior to the effective date of this act; or
(2) any authorized activity of a rural health network under Kan. Stat. Ann. § 65-468 et seq., and amendments thereto.
(d) The rights and responsibilities of the parties to a cooperative agreement shall be determined in accordance with the provisions of the cooperative agreement.