§ 2999-aa. Antitrust provisions, state oversight. 1. In order to\npromote improved quality and efficiency of, and access to, health care\nservices and to promote improved clinical outcomes to the residents of\nNew York, it shall be the policy of the state to encourage, where\nappropriate, cooperative, collaborative and integrative arrangements\nincluding but not limited to, mergers and acquisitions among health care\nproviders or among others who might otherwise be competitors, under the\nactive supervision of the commissioner. To the extent such arrangements,\nor the planning and negotiations that precede them, might be\nanti-competitive within the meaning and intent of the state and federal\nantitrust laws, the intent of the state is to supplant competition with\nsuch arrangements under the active supervision and related\nadministrative actions of the commissioner as necessary to accomplish\nthe purposes of this article, and to provide state action immunity under\nthe state and federal antitrust laws with respect to activities\nundertaken by health care providers and others pursuant to this article,\nwhere the benefits of such active supervision, arrangements and actions\nof the commissioner outweigh any disadvantages likely to result from a\nreduction of competition. The commissioner shall not approve an\narrangement for which state action immunity is sought under this article\nwithout first consulting with, and receiving a recommendation from, the\npublic health and health planning council. No arrangement under this\narticle shall be approved after December thirty-first, two thousand\ntwenty-eight.\n 2. The commissioner or his or her duly authorized representative may\nengage in appropriate state supervision necessary to promote state\naction immunity under the state and federal antitrust laws.\n
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