Section 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.