Section 04.12.01.541 - APPLICANTS' BURDENS OF PROOF01.Burden of Introduction of Evidence on Benefits. Applicants for a certificate of public advantage bear the burden of introduction of evidence that their cooperative agreement provides one (1) or more of the following benefits: (3-31-22)a. The quality of health care provided to consumers in the state 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 affected by the cooperative agreement will be preserved. (3-31-22)c. Services provided by the parties to the 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. (3-31-22)e. Duplication of health care resources in the area likely affected by the cooperative agreement will be avoided. (3-31-22)02.Burden of Persuasion That Benefits Outweigh Disadvantages. Applicants for a certificate of public advantage bear the burden of persuasion by clear and convincing evidence that their agreement produces one (1) or more of the benefits listed in Subsection 541.01 and that these benefits outweigh any disadvantages attributable to a reduction in competition that may result from the agreement, including, but not limited to the following: (3-31-22)a. The likely adverse impact, if any, on the ability of health maintenance organizations, preferred provider plans, hospital provider organizations, persons performing utilization review, or other health care payers to negotiate optimal payment and service arrangements with hospitals and other health care providers. (3-31-22)b. Whether any reduction in competition among physicians, allied health professionals or other health care providers is likely to result directly or indirectly from the cooperative agreement. (3-31-22)c. Whether any arrangements that are less restrictive to competition could likely achieve substantially the same benefits or a more favorable balance of benefits over disadvantages than that likely to be achieved from reducing competition. (3-31-22)03.Relevance of Providing Supporting Information. In assessing whether the applicant has met its burden of persuasion by clear and convincing evidence that benefits of the cooperative agreement outweigh the disadvantages, the finder of fact may take into account whether the applicant supplied at hearing relevant information available to the applicant. (3-31-22)Idaho Admin. Code r. 04.12.01.541