2013 New York Consolidated Laws
PBH - Public Health
Article 29-F - (2999-AA - 2999-BB) IMPROVED INTEGRATION OF HEALTH CARE AND FINANCING
2999-AA - Antitrust provisions, state oversight.

 
    §  2999-aa.  Antitrust  provisions,  state  oversight.  1. In order to
  promote improved quality and efficiency of, and access to,  health  care
  services  and  to promote improved clinical outcomes to the residents of
  New York, it shall be the  policy  of  the  state  to  encourage,  where
  appropriate,  cooperative,  collaborative  and  integrative arrangements
  including but not limited to, mergers and acquisitions among health care
  providers or among others who might otherwise be competitors, under  the
  active supervision of the commissioner. To the extent such arrangements,
  or   the   planning   and  negotiations  that  precede  them,  might  be
  anti-competitive within the meaning and intent of the state and  federal
  antitrust  laws, the intent of the state is to supplant competition with
  such   arrangements   under   the   active   supervision   and   related
  administrative  actions  of  the commissioner as necessary to accomplish
  the purposes of this article, and to provide state action immunity under
  the  state  and  federal  antitrust  laws  with  respect  to  activities
  undertaken by health care providers and others pursuant to this article,
  where  the benefits of such active supervision, arrangements and actions
  of the commissioner outweigh any disadvantages likely to result  from  a
  reduction   of  competition.  The  commissioner  shall  not  approve  an
  arrangement for which state action immunity is sought under this article
  without first consulting with, and receiving a recommendation from,  the
  public  health  and  health  planning council. No arrangement under this
  article shall be approved  after  December  thirty-first,  two  thousand
  sixteen.
    2.  The  commissioner or his or her duly authorized representative may
  engage in appropriate  state  supervision  necessary  to  promote  state
  action immunity under the state and federal antitrust laws.