State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-192_2

§ 131E‑192.2. Definitions.

The following definitions apply in this Article:

(1)        "Attorney General" means the Attorney General ofthe State of North Carolina or any attorney on his or her staff to whom theAttorney General delegates authority and responsibility to act pursuant to thisArticle.

(2)        "Cooperative agreement" means an agreement amongtwo or more hospitals, between a hospital and any other person, or between aperson who controls a hospital and another hospital or person who controls ahospital for any of the following:

a.         The sharing, allocation, or referral of patients, personnel,instructional programs, support services and facilities, or medical,diagnostic, or laboratory facilities or equipment, or procedures or otherservices traditionally offered by hospitals.

b.         A purchase of assets pursuant to a merger or sale, apartnership, a joint venture, or any other affiliation by which ownership orcontrol over all or substantially all of the stock, assets, or activities ofone or more hospitals or persons who control hospitals are transferred toanother hospital or person who controls a hospital.

"Cooperative agreement" shall not includeany agreement that would permit self‑referrals of patients by a healthcare provider that is otherwise prohibited by law.

(3)        "Department" means the Department of Health andHuman Services.

(4)        "Federal or State antitrust laws" means any andall federal or State laws prohibiting monopolies or agreements in restraint oftrade, including the federal Sherman Act, Clayton Act, Federal Trade CommissionAct, and North Carolina laws codified in Chapter 75 of the General Statutesthat prohibit restraints on competition.

(5)        "Hospital" means any hospital required to belicensed under Chapters 131E or 122C of the General Statutes.

(6)        "Person" means any individual, firm, partnership,corporation, association, public or private institution, political subdivision,or government agency. (1993, c. 529, s. 5.2; 1995, c. 205, s. 1; 1997‑443, s.11A.118(a).)