Idaho Admin. Code r. 04.12.01.220

Current through August 31, 2023
Section 04.12.01.220 - APPLICATIONS - DEFINED - FORM AND CONTENTS
01.Applications Defined. All pleadings requesting a certificate of public advantage are called "applications." (3-31-22)
02.Form and Contents. Applications for a certificate of public advantage must contain the information required in Subsections 220.03 through 220.08. (3-31-22)
03.Listing of Parties. The application must list by name, business address, and business telephone all health care providers party to the cooperative agreement. (3-31-22)
a. If the health care provider is a corporation, the application must list the corporation's principal executive officer or such other officer as the corporation may designate as contact for the corporation, the primary business address of the corporation, the primary Idaho business address if the primary business address is not in Idaho, the primary business telephone number for the corporation, and the primary Idaho business telephone if the primary business telephone is not in Idaho. (3-31-22)
b. If the health care provider is a partnership, the application must list the partnership name and each partner's name, the primary business address of the partnership, the primary Idaho business address if the primary business address is not in Idaho, the primary business telephone number for the partnership, and the primary Idaho business telephone if the primary business telephone is not in Idaho. (3-31-22)
c. If the health care provider is an individual or an association of individuals, the application must list the association's name (if there is one) and each individual's name, the primary business address of the association and each individual, the primary Idaho business address if the primary business address is not in Idaho, the primary business telephone number for the association and each individual, and the primary Idaho business telephone if the primary business telephone is not in Idaho or give a specific description of the individuals involved, e.g., all doctors in (__) County referring patients to (___) Hospital under the terms of the agreement attached as exhibit 1 to the application. (3-31-22)
04.Description of Agreement. The application must include an executed written copy of the cooperative agreement and describe the nature and scope of the cooperation in the agreement and any consideration passing to any party under the agreement. (3-31-22)
05.Listing of Benefits. The application shall state whether one (1) or more of the following benefits will result from the issuance of a certificate of public advantage for the cooperative agreement and shall list any other additional benefits that the applicants wish to be taken into account in the consideration of the application. (3-31-22)
a. The quality of health care provided to consumers will be enhanced; (3-31-22)
b. A hospital, if any, and other health care facilities that customarily serve the communities in the area likely to be affected by the cooperative agreement will be preserved; (3-31-22)
c. Services provided by the parties to cooperative agreement will gain cost efficiency; (3-31-22)
d. The utilization of health care resources and equipment in the area likely affected by the cooperative agreement will improve; or (3-31-22)
e. Duplication of health care resources in the area likely affected by the cooperative agreement will be avoided. (3-31-22)
06.Supporting Analyses. The application shall be accompanied by the prepared testimony of witnesses to be called at hearing by the applicants and additional reports, studies, etc., that the witnesses would introduce at hearing as exhibits supporting the application. The prepared testimony and exhibits shall address each of the potential benefits listed in Subsection 220.05 that are claimed by the applicants and any additional benefits that the applicants wish to be taken into consideration. (3-31-22)
07.Statement Concerning Discovery. The application shall state whether the applicant consents to discovery under these rules. (3-31-22)
08.Statement Concerning Fund for Expert Witnesses. The application shall state whether the applicant consents to provide a fund for the investigative/prosecutorial staff of the Office of the Attorney General to hire experts to evaluate the application. If the applicant so consents, it shall specify the amount of the fund available or that the applicant would propose to negotiate the amount with the investigative/prosecutorial staff of the Office of the Attorney General. (3-31-22)
09.Defective or Insufficient Applications. If an application does not contain all of the information required by this rule, it is defective or insufficient. (3-31-22)

Idaho Admin. Code r. 04.12.01.220