CHAPTER 529 Session Laws - 1993
fee for Filing a periodic report may not exceed t\n'o thousand five
hundred dollars ($2.500). The fee sciiedule established should
generate sufficient revenue to offset the costs of the program. An
application filing fee must be paid to the Department at the time an
application for a certificate of public advantage is submitted to it
pursuant to G.S. 131E-192.3. A periodic report filing fee must be
paid to the Department at the time a periodic report is submitted to it
pursuant to G.S. 131E-192.9.
" § I3IE-I92.I2. Dcparunenl and Aiiorney General authority.
The Department and Attorney General shall have the necessary
powers to adopt rules to conduct a review of applications for
certificates of public advantage and of periodic reports filed in
connection therewith and to bring actions in the Superior Court of
Wake County as required under G.S. 131E-192.10. This Article
shall not limit the authority of the Attorney General under federal or
State antitrust laws.
" § I3IE-I92. 13. Effects of certijlcaic of public advantage: other laws.
(a) Activities conducted pursuant to a cooperative agreement for
which a certificate of public advantage has been issued are immunized
from challenge or scrutiny under State antitrust laws. In addition,
conduct in negotiating and entering into a cooperative agreement for
which an application for a certificate of public advantage is filed in
good faith shall be immune from challenge or scrutiny under State
antitrust laws, regardless of whether a certificate is issued. It is the
intention of the General Assembly that this Article shall also immunize
covered activities from challenge or scrutiny under federal antitrust
(b) Nothing in this Article shall exempt hospitals or other health
care providers from compliance with State or federal laws goxerning
certificate of need, licensure, or other regulatory requirements.
(c) Any dispute among the parties to a cooperative agreement
concerning its meaning or terms is governed by normal principles of
Sec. 5.3. G.S. 131E-7(b) reads as rewritten:
"(t>) A municipality,
' may contract with or otherwise arrange with
other municipalities of this or other states, federal or public agencies
or wi th any person, private organizat ion or nonprofit association for
provision—of hosp i ta l ,—clinical.—©4^
simi l ar—services,—The
municipalit)' may pay for these services from appropriations or other
moneys avai l able for these purposes . A municipality or a public
hospital may contract with or enter into any arrangement with other
public hospitals or municipalities of this or other states, the State of
North Carolina, federal, or public agencies, or with any person,
private organization, or nonprofit corporation or association for the
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