Sec. 3. (a) Any hospital entering into a merger agreement with another hospital may submit an application to the state department for a certificate of public advantage to govern the merger agreement in the manner prescribed by the state department. However, a hospital may not submit an application under this chapter after July 1, 2026.

     (b) The application for a certificate of public advantage must include the following:

Terms Used In Indiana Code 16-21-15-3

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • merger: means any change of ownership, including:

    Indiana Code 16-21-15-1.5

  • merger agreement: means an agreement between two (2) or more hospitals for the consolidation by merger or other acquisition or transfer of assets by which ownership or control over substantially all of the stock, assets, or activities of one (1) or more previously licensed and operating hospitals is placed under the control of another licensed hospital or other entity that controls hospitals. See Indiana Code 16-21-15-1.5
(1) A written copy of the merger agreement.

(2) A written description of the nature and scope of the merger.

     (c) Any documentation submitted under this section with the application that is deemed to be proprietary information shall be clearly identified as proprietary information and a copy of the application with the proprietary information redacted for public records must be submitted by the applicant.

     (d) An applicant must also file a complete copy of the application for a certificate of public advantage with:

(1) the office of the secretary of family and social services in a manner prescribed by the office of the secretary; and

(2) the office of the attorney general in a manner prescribed by the office of the attorney general.

     (e) The state department shall assess a filing fee for an application for a certificate of public advantage that is reasonably sufficient to fully fund the costs of the review of the application and ongoing supervision if the application is granted, including any fees for consultants and experts. The state department may not spend any money on the implementation of this chapter until the state department has received a filed application and received the filing fee.

     (f) If the state department incurs costs of the review of the application and administration of the program that exceed the application fee collected, the applicant for a certificate of public advantage shall pay the reasonable charges incurred by the state department, as determined by the state department.

     (g) The reasonable costs of services concerning the program:

(1) include the cost of fees for consultants and experts; and

(2) must be commensurate with the usual compensation for like services.

As added by P.L.104-2021, SEC.2. Amended by P.L.62-2022, SEC.4; P.L.143-2022, SEC.43.

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