Certificate of Public Advantage (COPA) Program

House Bill (H.B.) 3301, 86th Legislature, 2019, Regular Session, added Chapter 314A to the Texas Health and Safety Code (HSC). In H.B. 3301, the legislature found that a hospital merger may benefit the public by maintaining or improving the quality, efficiency, and accessibility of health care services offered to the public; and these benefits may outweigh any anticompetitive effects of joining together competitors to address unique challenges in providing health care services in rural areas.

HSC Chapter 314A permits qualifying hospitals in certain low-population counties to apply for a COPA, which grants merging hospitals immunity from federal and state antitrust laws. In addition to rulemaking, HSC Chapter 314A requires OPIC, as the agency designated by the governor under HSC Section 314A.004, to review and approve or deny COPA applications and to supervise the activities for which a COPA is issued.

Under HSC Section 314A.052(b), an applicant may submit two versions of the application: one version for OPIC’s use that is unredacted, and one version for public release that has proprietary information redacted. The applicant is solely responsible for any redactions made to the public version of a COPA document, which OPIC will post as received.

Governing statutes for the COPA program include

• Texas Health and Safety Code, Chapter 314A
• Texas Administrative Code Title 28, Part 7, Chapter 280, Certificate of Public Advantage

Certificates of Public Advantage are available to hospitals in the counties of

• Angelina
• Bowie
• Cherokee
• Colorado
• Taylor
• Tom Green
• Wichita
• Wood

Shannon Health System- San Angelo, Texas (Tom Green County)

Shannon Health System was granted a COPA on October 2, 2020.

Hendrick Health System – Abilene, Texas (Taylor County)

Hendrick Health System was  granted a COPA on October 2, 2020. 

To Apply for a COPA

To apply for a COPA, applicants must

1. Submit a $75,000 application fee and all required information to OPIC, and
2. Provide all application information to the Attorney General

For directions on how to apply for a COPA review the COPA Application Checklist (PDF) .

To Apply for a Rate Change

To apply for a COPA rate change, applicants must

1. Submit a Application for Inpatient and Outpatient Service Rate Change (MS Word), and
2. Submit a Rate Change Application Supplemental Information Appendix B (Excel)

Each hospital operating under a COPA must submit an annual supervision fee in accordance with Texas Administrative Code Title 28 (28 TAC) Section 280.36. The annual supervision fee is for each hospital operating under the COPA. OPIC may increase or decrease this amount within the limits described in HSC Section 314A.105 and 28 TAC Section 280.36.

Each hospital operating under a COPA shall pay the first supervision fee no later than 30 calendar days after the date OPIC issues the COPA and each subsequent supervision fee no later than the anniversary of the date of an issued COPA.

Submit COPA Application and Supervision Fees by mail to

OPIC – Accounts Receivable
Barbara Jordan Building
1601 Congress Ave., Suite 3.500
Austin, TX 78701

For questions or more information about COPAs, please contact

Office of Public Insurance Counsel
Barbara Jordan Building
1601 Congress Ave., Suite 3.500
Austin, TX 78701

Phone: (512) 322-4143
Email: copa@opic.texas.gov

The Office of Public Insurance Counsel is committed to providing full access to public information. For information on submitting an open records request, visit our Open Records page.

For COPA Complaints

• By email: copacomplaints@opic.texas.gov
• By phone: 877-611-6742
• By mail:

  Office of Public Insurance Counsel
  1601 Congress Ave., Suite 3.500
  Austin, Texas 78701

For Health Care Facility Regulatory or Patient Health and Safety Concerns

How to file a complaint: https://www.hhs.texas.gov/providers/health-care-facilities-regulation/file-a-complaint-against-a-health-facility-or-health-care-regulation-representative

• By web: https://tulip.hhs.texas.gov/LTCcomplaint/s/
• By email: hfc.complaints@hhs.texas.gov
• By phone: 800-458-9858
• By fax: 833-709-5735
• By mail:

  Health and Human Services Commission
  Complaint and Incident Intake
  Mail Code E-249
  P.O. Box 149030
  Austin, Texas 78714-9030

Archival documents related to COPA approvals and reporting are below.