Certificate of public advantage – Wis. Stat. Ann. § 158.85

The state of Wisconsin allows physicians to enter into agreements for sharing, allocation and referral of patients, personnel, or medical facilities.  Providers may freely enter into such agreements with other providers in the state.  However, some providers in a cooperative agreement may file an application with the Department of Health Services to obtain a certificate of public advantage.  The application must have a signed copy of the cooperative agreement.  The Department must review the application based on:

1. Whether the benefits of the agreement will outweigh the costs;
2. Any reduction in competition will be outweighed by the benefits;
3. Quality of the health care will be enhanced;
4. Hospitals or other health care facilities in the cooperative area will be preserved;
5. The services will provide cost efficiency;
6. Utilization of health care resources will be improved;
7. Duplication of health care resources in the area will be avoided;
8. Likelihood of adverse impact on HMOs or other plans;
9. Whether the cooperative agreement will reduce competition among health care providers;
10. Whether less restrictive means would achieve the same benefits.

The Department may, at any time, revoke the certification of the agreement if it determines that the benefits are not outweighed by the disadvantages.