reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › b - Parties - Other Persons › Section 04.12.01.151 - APPLICANTS

Current through August 31, 2023
Persons who seek a certificate of public advantage from the Attorney General are called "applicants." (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › b - Parties - Other Persons › Section 04.12.01.152 - PETITIONERS

Current through August 31, 2023
Persons not applicants who seek to modify, amend or stay existing certificates of public advantage, to clarify their rights or obligations under existing certificates of public advantage, or to otherwise take action that will result in the issuance of an order or rule, are called "petitioners." (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › b - Parties - Other Persons › Section 04.12.01.153 - COMPLAINANTS

Current through August 31, 2023
Persons who charge other person(s) with any act or omission with regard to certificates of public advantage are called "complainants." In any proceeding in which the Attorney General's investigative/prosecutorial staff itself charges a person with an act or omission or seeks revocation of a certification, the Attorney General's investigative/ prosecutorial staff is called "complainant." (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › b - Parties - Other Persons › Section 04.12.01.154 - RESPONDENTS

Current through August 31, 2023
Persons against whom complaints are filed or about whom investigations are initiated are called "respondents." (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › b - Parties - Other Persons › Section 04.12.01.155 - INTERVENORS

Current through August 31, 2023
Persons, not applicants, complainants, or respondents to a proceeding, who are permitted to participate as parties pursuant to Rules  350  through  354, are called "intervenors." (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › b - Parties - Other Persons › Section 04.12.01.156 - INVESTIGATIVE/PROSECUTORIAL STAFF

Current through August 31, 2023
The Attorney General may designate an investigative/prosecutorial staff that may appear, without intervention, in all proceedings under these rules. The investigative/prosecutorial staff has all rights to participate as a party in proceedings under these rules. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › b - Parties - Other Persons › Section 04.12.01.157 - RIGHTS OF PARTIES AND OF ATTORNEY GENERAL INVESTIGATIVE/PROSECUTORIAL STAFF

Current through August 31, 2023
Subject to Rules  558,  560, and  600, all parties and the Attorney General's investigative/prosecutorial staff may appear at hearing or argument, introduce evidence, examine witnesses, make and argue motions, state positions, and otherwise fully participate in hearings or arguments. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › b - Parties - Other Persons › Section 04.12.01.158 - PERSONS DEFINED - PERSONS NOT PARTIES - INTERESTED PERSONS

Current through August 31, 2023
The term "person" includes natural persons, partnerships, corporations, associations, municipalities, government entities and subdivisions, and any other entity authorized by law to participate in an administrative proceeding. Persons other than the persons named in Rules  151  through  155  are not parties for the purpose of any statute or rule addressing rights or obligations of parties to a contested case. Persons may request the Attorney General in writing that they be notified when proceedings of a given kind are initiated. These persons are called "Interested Persons." Interested persons may become intervenors or public witnesses. The Attorney General will serve notice of such proceedings on all interested persons. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › b - Parties - Other Persons › Section 04.12.01.159. - 199 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › c - Representatives of Parties › Section 04.12.01.200 - ADOPTION BY REFERENCE OF RULES ADDRESSING REPRESENTATIVES OF PARTIES

Current through August 31, 2023
Rules  200  through  207  of the Attorney General's Rules of Administrative Procedure, IDAPA 04.11.01.200 through 04.11.01.207, addressing representation of parties, are hereby adopted by reference. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › c - Representatives of Parties › Section 04.12.01.201. - 209 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › d - Pleadings - In General › Section 04.12.01.210 - PLEADINGS LISTED - MISCELLANEOUS

Current through August 31, 2023
Pleadings in contested cases are called applications, petitions, complaints, motions, answers, and consent agreements. Affidavits or declarations under penalty of perjury may be filed in support of any pleading. A party's initial pleading in any proceeding must comply with Rule  200. All pleadings filed during the formal stage of a proceeding must be filed in accordance with Rules  300  through  301. A party may adopt or join any other party's pleading. Two (2) or more separately stated grounds, claims or answers concerning the same subject matter may be included in one (1) pleading. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › d - Pleadings - In General › Section 04.12.01.211. - 219 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › d - Pleadings - In General › Section 04.12.01.220 - APPLICATIONS - DEFINED - FORM AND CONTENTS

Current through August 31, 2023
01.
Applications Defined
. All pleadings requesting a certificate of public advantage are called "applications." (3-31-22)
02.
Form and Contents
. Applications for a certificate of public advantage must contain the information required in Subsections  220.03  through  220.08. (3-31-22)
03.
Listing of Parties
. The application must list by name, business address, and business telephone all health care providers party to the cooperative agreement. (3-31-22)
a. If the health care provider is a corporation, the application must list the corporation's principal executive officer or such other officer as the corporation may designate as contact for the corporation, the primary business address of the corporation, the primary Idaho business address if the primary business address is not in Idaho, the primary business telephone number for the corporation, and the primary Idaho business telephone if the primary business telephone is not in Idaho. (3-31-22)
b. If the health care provider is a partnership, the application must list the partnership name and each partner's name, the primary business address of the partnership, the primary Idaho business address if the primary business address is not in Idaho, the primary business telephone number for the partnership, and the primary Idaho business telephone if the primary business telephone is not in Idaho. (3-31-22)
c. If the health care provider is an individual or an association of individuals, the application must list the association's name (if there is one) and each individual's name, the primary business address of the association and each individual, the primary Idaho business address if the primary business address is not in Idaho, the primary business telephone number for the association and each individual, and the primary Idaho business telephone if the primary business telephone is not in Idaho or give a specific description of the individuals involved, e.g., all doctors in (__) County referring patients to (___) Hospital under the terms of the agreement attached as exhibit 1 to the application. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › d - Pleadings - In General › Section 04.12.01.221. - 229 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › d - Pleadings - In General › Section 04.12.01.230 - ADOPTION BY REFERENCE OF RULES ADDRESSING PETITIONS, COMPLAINTS, MOTIONS, ANSWERS AND CONSENT AGREEMENTS

Current through August 31, 2023
Rules  230,  240,  260,  270  AND  280  of the Attorney General's Rules of Administrative Procedure, IDAPA 04.11.01.230, 04.11.01.240, 04.11.01.260, 04.11.01.270, and 04.11.01.280, addressing petitions, complaints, motions, answers, and consent agreements are hereby adopted by reference. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › d - Pleadings - In General › Section 04.12.01.231. - 299 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › e - Filing, Service, Amendment and Withdrawal of Documents › Section 04.12.01.300 - FILING DOCUMENTS - NUMBER OF COPIES - FACSIMILE TRANSMISSION (FAX)

Current through August 31, 2023
An original and two (2) copies of all documents intended to be part of the record of a contested case must be filed with the Office of the Attorney General or such other person as designated by the hearing officer. The original shall be for the hearing officer and the two copies for the Attorney General's investigative/prosecutorial staff. Pleadings and other documents not exceeding ten (10) pages in length requiring urgent or immediate action may be filed by facsimile transmission (FAX). Whenever any document is filed by FAX, if possible, originals must be delivered by overnight mail the next working day. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › e - Filing, Service, Amendment and Withdrawal of Documents › Section 04.12.01.301 - ADOPTION BY REFERENCE OF RULES ADDRESSING SERVICE OF PLEADINGS AND OTHER RULES ON PLEADINGS

Current through August 31, 2023
Rules  301  through  305  of the Attorney General's Idaho Rules of Administrative Procedure, IDAPA 04.11.01.301 through 04.11.01.305, addressing pleadings, hereby adopted by reference. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › e - Filing, Service, Amendment and Withdrawal of Documents › Section 04.12.01.302. - 349 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › f - Intervention - Public Witnesses › Section 04.12.01.350 - ADOPTION BY REFERENCE OF RULES ADDRESSING INTERVENTION AND PUBLIC WITNESSES

Current through August 31, 2023
Rules  350  through  355  of the Attorney General's Rules of Administrative Procedure, IDAPA 04.11.01.350 through 04.11.01.355, addressing intervention and public witnesses, are hereby adopted by reference. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 1 - Definitions and General Provisions › f - Intervention - Public Witnesses › Section 04.12.01.351. - 399 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 2 - Declaratory Rulings and Orders - Hearing Officers - Presiding Officers - Dual Investigatory and Adjudicatory Functions › a - Declaratory Rulings › Section 04.12.01.400 - ADOPTION BY REFERENCE OF RULES ADDRESSING DECLARATORY RULINGS

Current through August 31, 2023
Rules  400  through  402  of the Attorney General's Rules of Administrative Procedure, IDAPA 04.11.01.400 through 04.11.01.402, addressing declaratory orders, are hereby adopted by reference. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 2 - Declaratory Rulings and Orders - Hearing Officers - Presiding Officers - Dual Investigatory and Adjudicatory Functions › a - Declaratory Rulings › Section 04.12.01.401. - 409 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 2 - Declaratory Rulings and Orders - Hearing Officers - Presiding Officers - Dual Investigatory and Adjudicatory Functions › b - Hearing Officers - Presiding Officers › Section 04.12.01.410 - APPOINTMENT OF HEARING OFFICERS

Current through August 31, 2023
A hearing officer is a person other than the Attorney General appointed to hear contested cases on behalf of the Attorney General. Hearing officers may be deputy attorneys general, other employees of the Attorney General or independent contractors. Hearing officers may be (but need not be) attorneys. Hearing officers who are not attorneys should ordinarily be persons with technical expertise or experience in issues of health care providers' cooperative agreements. The appointment of a hearing officer is a public record available for inspection, examination and copying. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 2 - Declaratory Rulings and Orders - Hearing Officers - Presiding Officers - Dual Investigatory and Adjudicatory Functions › b - Hearing Officers - Presiding Officers › Section 04.12.01.411 - HEARING OFFICERS CONTRASTED WITH ATTORNEY GENERAL

Current through August 31, 2023
The Attorney General is not a hearing officer, even if the Attorney General presides at a contested case. The term "hearing officer" as used in these rules refers only to presiding officers other than the Attorney General. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 2 - Declaratory Rulings and Orders - Hearing Officers - Presiding Officers - Dual Investigatory and Adjudicatory Functions › b - Hearing Officers - Presiding Officers › Section 04.12.01.412 - DISQUALIFICATION OF OFFICERS HEARING CONTESTED CASES

Current through August 31, 2023
Pursuant to Section  67-5252, Idaho Code, there are two (2) rules for disqualification of hearing officers. (3-31-22)
01.
Disqualification in Applications for Certificate
. Section  39-4303(3)   requires applications for a certificate of public advantage to be heard within sixty (60) days. Accordingly, under Section  67-5252, Idaho Code, no party to the contested case can disqualify a hearing officer except for cause. (3-31-22)
02.
Disqualification in Other Contested Cases
. In other contested cases, any party shall have a right to one (1) disqualification without cause of any person serving or designated to serve as a hearing officer. Any party shall have a right to move to disqualify a hearing officer for bias, prejudice, interest, substantial prior involvement in the case other than as a presiding officer, status as an employee of the Attorney General, lack of professional knowledge in the subject matter of the contested case, or any other reason provided by law or for any cause for which a judge is or may be disqualified. (3-31-22)
03.
Motion for Disqualification
. Any party may, within fourteen (14) days, petition for the disqualification of a hearing officer after receiving notice that the officer will preside at a contested case or promptly upon discovering facts establishing grounds for disqualification, whichever is later. A hearing officer whose disqualification is requested shall determine in writing whether to grant the motion for disqualification, stating facts and reasons for the hearing officer's determination. Disqualification of the Attorney General is not allowed. See Sections  59-704  and  67-5252(4), Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 2 - Declaratory Rulings and Orders - Hearing Officers - Presiding Officers - Dual Investigatory and Adjudicatory Functions › b - Hearing Officers - Presiding Officers › Section 04.12.01.413 - ADOPTION BY REFERENCE OF RULES ADDRESSING HEARING OFFICERS AND PRESIDING OFFICERS

Current through August 31, 2023
Rules  413  through  417  of the Attorney General's Rules of Administrative Procedure, IDAPA 04.11.01.413 through 04.11.01.417.17, addressing hearing officers and presiding officers, are hereby adopted by reference. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 2 - Declaratory Rulings and Orders - Hearing Officers - Presiding Officers - Dual Investigatory and Adjudicatory Functions › b - Hearing Officers - Presiding Officers › Section 04.12.01.414. - 419 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 2 - Declaratory Rulings and Orders - Hearing Officers - Presiding Officers - Dual Investigatory and Adjudicatory Functions › c - Responsibility for Investigative/Prosecutorial and Adjudicatory Functions upon Consideration of Contested Cases › Section 04.12.01.420 - CONTRAST BETWEEN OFFICE OF ATTORNEY GENERAL'S INVESTIGATIVE/ PROSECUTORIAL AND ADJUDICATORY FUNCTIONS

Current through August 31, 2023
Rules  420  through  429  set forth procedures to be followed by the Office of the Attorney General in processing applications for a certificate of public advantage and in conducting proceedings to revoke certificates of public advantage. (3-31-22)
01.
Investigative/Prosecutorial Function
. The investigative/prosecutorial function is performed by deputy attorneys general and other personnel or consultants assigned to review applications for a certificate of public advantage or to prosecute proposed revocations of certificates of public ad vantage. The investigative/prosecutorial function includes gathering of evidence concerning an application or potential revocation outside of formal contested case proceedings, presentation of allegations or evidence for determination whether a complaint to revoke a certificate will be issued, and presentation of evidence in a formal contested case proceeding. (3-31-22)
02.
Adjudicatory Function
. The adjudicatory function is performed by a hearing officer appointed by the Attorney General or by the Attorney General upon review of the hearing officer's preliminary order. The adjudicatory function includes deciding whether to issue a complaint for revocation of a certificate upon the basis of allegations before the Office of the Attorney General, deciding whether to accept a consent order or other settlement of a complaint, and deciding the merits of an application or a complaint following presentation of evidence in formal contested case proceedings. A deputy attorney general may be assigned to be a hearing officer. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 2 - Declaratory Rulings and Orders - Hearing Officers - Presiding Officers - Dual Investigatory and Adjudicatory Functions › c - Responsibility for Investigative/Prosecutorial and Adjudicatory Functions upon Consideration of Contested Cases › Section 04.12.01.422 - CONSIDERATION OF CONSENT AGREEMENT OR OTHER SETTLEMENTS

Current through August 31, 2023
This rule sets forth procedures to be followed by the Office of the Attorney General when a consent agreement, stipulated settlement, or other settlement is negotiated before an application for a certificate of public advantage or an complaint for revocation of a certificate is filed. (3-31-22)
01.
Negotiations
. A deputy attorney general assigned to an investigative/prosecutorial role and other staff may negotiate consent agreements or other settlements. Neither the Attorney General nor a hearing officer may participate in these negotiations, but the Attorney General may have rules or guidelines for issuance of consent agreements or other general policy statements available to guide individual negotiations. (3-31-22)
02.
Presentation of Consent Agreement
. Consent agreements must be presented to the Office of the Attorney General for approval. The consent agreement may be presented to the Office of the Attorney General by representatives of any party, unless the agreement provides to the contrary. (3-31-22)
03.
Consideration of Consent Agreement
. A consent agreement that is presented to the Office of the Attorney General must be reviewed under this rule. A hearing officer will be assigned to review the consent agreement. The hearing officer may accept or reject the consent agreement, indicate how the consent agreement must be modified to be acceptable, or inform the parties what further information is required for consideration of the consent agreement. When a consent agreement is rejected, no matter recited in the rejected consent agreement may be used as an admission against a party in any later proceeding before the Attorney General, and any such matter must be proven by evidence independent of the consent agreement. Any acceptance or rejection of the consent agreement shall be done by preliminary order, which may be reviewed by the Attorney General as any other preliminary order. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 2 - Declaratory Rulings and Orders - Hearing Officers - Presiding Officers - Dual Investigatory and Adjudicatory Functions › c - Responsibility for Investigative/Prosecutorial and Adjudicatory Functions upon Consideration of Contested Cases › Section 04.12.01.423 - PROCEDURES AFTER INITIATION OF FORMAL CASE

Current through August 31, 2023
This rule sets forth procedures to be followed by the Office of the Attorney General after a formal case is initiated, while investigation or discovery is underway, while a hearing is conducted, and before the preliminary order of the hearing officer is reviewed by the Attorney General (if a hearing officer's preliminary order is reviewed). (3-31-22)
01.
The Attorney General
. (3-31-22)
a. Prohibited Contacts--Allowable Managerial Reporting. The Attorney General shall not discuss the substance of the contested case ex parte with any representative of any party or with deputy attorneys general or other staff involved in the investigation or prosecution of the case. The Attorney General may request periodic progress reporting on staff preparation. For example, the Attorney General may ask whether the staff will be prepared to present its case by a given date, but cannot inquire about the substance of the staff's case. (3-31-22)
b. Allowed Discussions. The Attorney General may discuss the substance of the contested case with deputy attorneys general and staff who are not involved in the investigation or prosecution of the contested case. The Attorney General may discuss the substance of the contested case with the hearing officer assigned to the case. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 2 - Declaratory Rulings and Orders - Hearing Officers - Presiding Officers - Dual Investigatory and Adjudicatory Functions › c - Responsibility for Investigative/Prosecutorial and Adjudicatory Functions upon Consideration of Contested Cases › Section 04.12.01.424 - HEARING OFFICERS

Current through August 31, 2023
No hearing officer may discuss the substance of a contested case ex parte with any deputy attorney general or staff involved in the investigation or prosecution of the contested case at any stage of the consideration of the contested case or pending judicial review of the decision in the contested case. A hearing officer may consult with any other hearing officer and with the Attorney General. A hearing officer may consult with a deputy attorney general assigned to advise or assist the hearing officer. The Attorney General may appoint as a hearing officer a deputy attorney general who will advise or assist the Attorney General in consideration of the contested case. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 2 - Declaratory Rulings and Orders - Hearing Officers - Presiding Officers - Dual Investigatory and Adjudicatory Functions › c - Responsibility for Investigative/Prosecutorial and Adjudicatory Functions upon Consideration of Contested Cases › Section 04.12.01.425 - ATTORNEY GENERAL'S CONSIDERATION OF PRELIMINARY ORDER

Current through August 31, 2023
This rule sets forth procedures to be followed by the Attorney General, deputy attorneys general, staff, and hearing officers if the Attorney General has accepted the hearing officer's preliminary order for discretionary review. (3-31-22)
01.
The Attorney General
. In considering the hearing officer's preliminary order, the Attorney General may consult with deputy attorneys general assigned to advise or assist the Attorney General and with staff that did not participate in the investigation or prosecution of the contested case. The Attorney General may consult with the hearing officer that heard the contested case and prepared the preliminary order or other hearing officers. (3-31-22)
02.
Deputy Attorneys General
. (3-31-22)
a. Investigative/Prosecutorial Attorneys. No deputy attorney general involved in the investigation or prosecution of a contested case shall consult with the Attorney General considering the hearing officer's preliminary order. (3-31-22)
b. Advisory Attorneys. A deputy attorney general assigned to advise or assist the Attorney General in consideration of the contested case may consult with the Attorney General in preparation for or while the Attorney General is considering the hearing officer's preliminary order. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 2 - Declaratory Rulings and Orders - Hearing Officers - Presiding Officers - Dual Investigatory and Adjudicatory Functions › c - Responsibility for Investigative/Prosecutorial and Adjudicatory Functions upon Consideration of Contested Cases › Section 04.12.01.426. - 499 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › a - Alternative Dispute Resolution (ADR) › Section 04.12.01.500 - ADOPTION BY REFERENCE OF RULES ADDRESSING ALTERNATIVE DISPUTE RESOLUTION (ADR)

Current through August 31, 2023
Rules  500  through  502  of the Attorney General's Rules of Administrative Procedure, IDAPA 04.11.01.500 through 04.11.01.502, addressing alternative dispute resolution (ADR), are hereby adopted by reference. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › a - Alternative Dispute Resolution (ADR) › Section 04.12.01.501. - 509 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › b - Prehearing Conferences › Section 04.12.01.510 - ADOPTION OF REFERENCE OF RULES ADDRESSING PREHEARING CONFERENCES

Current through August 31, 2023
Rules  510  through  514  of the Attorney General's Rules of Administrative Procedure, IDAPA 04.11.01.510 through 04.11.01.514, addressing prehearing conferences, are hereby adopted by reference. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › b - Prehearing Conferences › Section 04.12.01.511. - 519 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › c - Discovery - Related Prehearing Procedures › Section 04.12.01.520 - KINDS AND SCOPE OF DISCOVERY LISTED

Current through August 31, 2023
01.
Kinds of Discovery
. The kinds of discovery recognized by these rules in contested cases are: (3-31-22)
a. Depositions; (3-31-22)
b. Production requests or written interrogatories; and (3-31-22)
c. Requests for admission. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › c - Discovery - Related Prehearing Procedures › Section 04.12.01.521 - WHEN DISCOVERY AUTHORIZED

Current through August 31, 2023
Parties may agree between or among themselves to provide for discovery. If the applicant for a certificate of public advantage consents to being subject to discovery, the hearing officer may issue an order scheduling discovery based upon that consent. Any party that propounds discovery to the applicant has by operation of this rule also consented to discovery of its case according to the terms of the hearing officer's order compelling discovery or subsequent orders addressing discovery. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › c - Discovery - Related Prehearing Procedures › Section 04.12.01.522 - RIGHTS TO DISCOVERY RECIPROCAL

Current through August 31, 2023
All parties have a right of discovery of all other parties according to Rule  521. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › c - Discovery - Related Prehearing Procedures › Section 04.12.01.523 - DEPOSITIONS

Current through August 31, 2023
Whenever the parties involved have agreed to or have consented to discovery according to these rules, depositions may be taken in accordance with the Idaho Rules of Civil Procedure for any purpose allowed by statute, the Idaho Rules of Civil Procedure, rule or order. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › c - Discovery - Related Prehearing Procedures › Section 04.12.01.524 - PRODUCTION REQUESTS OR WRITTEN INTERROGATORIES AND REQUESTS FOR ADMISSION

Current through August 31, 2023
Whenever the parties involved have agreed to or consented to discovery according to these rules, production requests or written interrogatories and requests for admission may be submitted in accordance with the Idaho Rules of Civil Procedure for any purpose allowed by statute, the Idaho Rules of Civil Procedure, rule or order. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › c - Discovery - Related Prehearing Procedures › Section 04.12.01.525 - ANSWERS TO DISCOVERY IN PUBLIC FILES

Current through August 31, 2023
Answers to discovery in the possession of the Office of the Attorney General are in the public domain. Answers are subject to inspection, examination and copying under the public records law, Sections  9-337  through  9-348, Idaho Code. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › c - Discovery - Related Prehearing Procedures › Section 04.12.01.526 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › c - Discovery - Related Prehearing Procedures › Section 04.12.01.527 - ADOPTION BY REFERENCE OF RULES RELATING TO ANSWERS TO PRODUCTION REQUESTS, FILING AND SERVICE OF DISCOVERY-RELATED DOCUMENTS, EXHIBIT NUMBERS, AND PREPARED TESTIMONY AND EXHIBITS

Current through August 31, 2023
Rules  527  through  530  of the Attorney General's Rules of Administrative Procedure, IDAPA 04.11.01.527 through 04.11.01.530, addressing answers to production requests, filing and service of discovery-related documents, exhibit numbers, and prepared testimony and exhibits, are hereby adopted by reference. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › c - Discovery - Related Prehearing Procedures › Section 04.12.01.528. - 530 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › c - Discovery - Related Prehearing Procedures › Section 04.12.01.531 - SANCTIONS FOR FAILURE TO OBEY ORDER SCHEDULING DISCOVERY

Current through August 31, 2023
The hearing officer may impose all sanctions recognized by statute or rule for failure to comply with an order scheduling discovery. In particular, whether or not the applicant has consented to discovery, the hearing officer may find that the applicant has not met its burden of persuasion of the benefits of the cooperative agreement if the applicant will not comply with reasonable requests for discovery on material relevant to its application. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › c - Discovery - Related Prehearing Procedures › Section 04.12.01.532. - 539 - RESERVED

Current through August 31, 2023
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › d - Particular Rules for Issuance or Revocation of a Certificate of Public Advantage › Section 04.12.01.540 - TIMETABLE FOR PROCESSING APPLICATION FOR CERTIFICATE OF PUBLIC ADVANTAGE

Current through August 31, 2023
Section  39-4903(3), Idaho Code, provides that the Attorney General must grant or deny an application for a certificate of public advantage within sixty (60) days of the date of the filing of the application. The Attorney General interprets this timetable as establishing an applicant's right to receive a decision on the merits within sixty (60) days, not as divesting the Attorney General of jurisdiction to make a decision more than sixty (60) days after filing the application. Furthermore, the Attorney General interprets the applicant's right to a decision in sixty (60) days as a right that an applicant may waive in writing. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › d - Particular Rules for Issuance or Revocation of a Certificate of Public Advantage › Section 04.12.01.541 - APPLICANTS' BURDENS OF PROOF

Current through August 31, 2023
01.
Burden of Introduction of Evidence on Benefits
. Applicants for a certificate of public advantage bear the burden of introduction of evidence that their cooperative agreement provides one (1) or more of the following benefits: (3-31-22)
a. The quality of health care provided to consumers in the state will be enhanced. (3-31-22)
b. A hospital, if any, and other health care facilities that customarily serve the communities in the area likely affected by the cooperative agreement will be preserved. (3-31-22)
c. Services provided by the parties to the cooperative agreement will gain cost efficiency. (3-31-22)
d. The utilization of health care resources and equipment in the area likely affected by the cooperative agreement will improve. (3-31-22)
e. Duplication of health care resources in the area likely affected by the cooperative agreement will be avoided. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › d - Particular Rules for Issuance or Revocation of a Certificate of Public Advantage › Section 04.12.01.542 - APPOINTMENT OF HEARING OFFICER

Current through August 31, 2023
The demands on the time of the Attorney General will not ordinarily allow the Attorney General to hear an application. Accordingly, within seven days after the Office of the Attorney General receives either a notice of intent to file an application for a certificate of public advantage or receives an application for a certificate of public advantage, whichever comes first, the Attorney General will appoint a hearing officer to hear the case. The hearing officer will be authorized to issue a preliminary order (i.e., an order that will become final in the absence of review by the Attorney General). The hearing officer will issue a preliminary order rather than a recommended order (an order that becomes final only after review by the Attorney General) because there is not time for a hearing officer to hear a case and issue a recommended order and for the Attorney General to review a recommended order in sixty (60) days. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › d - Particular Rules for Issuance or Revocation of a Certificate of Public Advantage › Section 04.12.01.543 - ATTORNEY GENERAL'S REVIEW OF PRELIMINARY ORDER DISCRETIONARY

Current through August 31, 2023
The Attorney General's review of a preliminary order is discretionary. The Attorney General will not review a preliminary order without the applicant's written waiver of the sixty (60) day limit for deciding an application. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › d - Particular Rules for Issuance or Revocation of a Certificate of Public Advantage › Section 04.12.01.544 - ORDER GRANTING AN APPLICATION FOR A CERTIFICATE - ISSUANCE OF CERTIFICATE

Current through August 31, 2023
01.
Contents of Order
. An order granting an application for a certificate of public advantage must recite the parties to the cooperative agreement, attach the cooperative agreement approved by order the as an exhibit, find that the benefits of the cooperative agreement outweigh any disadvantages attributable to a reduction in competition that may result from the cooperative agreement, and state whether periodic written updates of the progress of the approved cooperative agreement will be required. (3-31-22)
02.
Frequency of Periodic Updates
. If the order requires periodic written updates, the order may require periodic reports at intervals no more frequently than ninety (90) days. (3-31-22)
03.
Issuance of Certificate
. The Attorney General will issue a certificate of public advantage when a preliminary order of the hearing officer granting an application for a certificate becomes final, if the preliminary order is not reviewed, or concurrently with a final order of the Attorney General granting a certificate, if the Attorney General reviews a preliminary order of the hearing officer and issues a final order granting a certificate. (3-31-22)
Idaho Administrative Code › Title IDAPA 04 - Attorney General, Office of the › Rule 04.12.01 - RULES OF ADMINISTRATIVE PROCEDURE FOR CONSIDERATION OF COOPERATIVE AGREEMENTS FILED BY HEALTH CARE PROVIDERS › Subchapter B - CONTESTED CASES › Part 3 - Post-Pleading Procedure › d - Particular Rules for Issuance or Revocation of a Certificate of Public Advantage › Section 04.12.01.545 - EFFECT OF ISSUANCE OF CERTIFICATE

Current through August 31, 2023
If a certificate of public advantage is issued, participants in the approved cooperative agreement are immune from civil enforcement and criminal prosecution for actions that might otherwise violate antitrust law of the state of Idaho taken in furtherance of the cooperative agreement. Nothing in the approval limits the authority of the Attorney General to initiate civil enforcement or criminal prosecution if health care providers have exceeded the scope of the cooperative agreement approved. (3-31-22)