2950 - Legislative findings.

§  2950. Legislative findings. The legislature finds and determines as  follows:    1.  The  health  care  delivery   system   is   undergoing   a   major  transformation  in response to changing demographics and consumer needs,  changes in reimbursement policies, the emergence  of  alternate  service  providers, and public pressure to control health care costs.    2. Such changes have a particularly severe impact on rural health care  delivery,  which  consists  of  small, frequently isolated providers who  have limited financial resources and health support networks. Many  such  providers  are  experiencing  financial  stress  or  certain barriers to  change which could  seriously  reduce  access  to  quality  health  care  services by individuals in rural environs.    3.  This  development  calls  for  greater  sharing of information and  resources among rural health care providers.  The  promotion  of  proper  planning  and  cooperative  efforts  among  such providers would improve  individual  access  to  health  care  in   rural   areas   and   enhance  cost-effectiveness  in the delivery of such services as tertiary, acute,  primary, home health and skilled nursing care; and illness prevention.    4. It is, therefore,  the  intent  of  the  legislature  to  encourage  continued  access  to high quality health care in rural areas as well as  the development of rural health network agreements  among  providers  of  health  care  servicing  rural  areas  which  result  in  the  merger or  integration and coordination of health care services  pursuant  to  such  network  agreements;  and  to  provide  the  necessary  funding for such  networks.    5. It is further  the  intent  of  the  legislature  that  as  needed,  regulatory waivers may be granted to participating providers as required  to   successfully  implement  networks  within  the  limits  of  prudent  provision for the health, safety, and  general  welfare  of  the  people  receiving  health  care.    In addition, the commissioner shall actively  provide for technical assistance in order to support  the  creation  and  operation of rural health networks.       6.  It  is  further the intent of the legislature that, in order to  promote access to health care services, to increase the required linkage  of health care service providers, and promote the quality and continuity  of care provided to residents in rural areas, it shall be the policy  of  this  state  to  encourage  cooperative,  collaborative  and integrative  arrangements between rural networks and health care providers who  might  otherwise   be   competitors,   under  the  active  supervision  of  the  commissioner. To the extent such arrangements might be  anti-competitive  within  the  meaning  and  intent  of  the federal antitrust laws, it is  further the intent of the legislature to supplant competition with  such  arrangements  to the extent necessary to accomplish the purposes of this  article, and provide state action immunity under the  federal  antitrust  laws with respect to the planning, implementation and operation of rural  health  networks and central services facility rural health networks and  health care providers participating in or members of such networks.