
The Key is switching the terms of “negotiated rate” to “revenues”.
Revenues are averaged out by Medicaid and Medicare Payments.
If a
hospital has 75% of their patients with Medicare and Medicaid, we estimate the private sector would have to pay 3 times above the state mean before this criterion is met.
Even so,
there is also the “Existing Hospital Protection
Clause” were the CON is not granted unless
all hospitals in all surrounding counties also meet the criterion.