Ga. Comp. R. & Regs. R. 111-2-2-.05 - Enforcement
(1)
Revocation
(a) In the event that the
Department has cause to consider revocation of a Certificate, in whole or in
part, the Department shall provide notice to the holder of the Certificate and
shall hold a hearing to determine whether the holder has:
1. Intentionally provided false information
to the Department;
2. Failed to
incur a financial obligation in accordance with the Certificate as
granted;
3. Failed to implement the
project in accordance with the specific purpose(s) for which the certificate
was granted or failed to meet the initial twelve (12) month performance
standards or failed to request an extension of such standards. For certificates
issued on or after July 1, 2008, failed to implement the services or units of
services for which the Certificate of Need was issued, and that were outlined
in or on the certificate granted, in a timely manner as also outlined in or on
the certificate granted, as provided by O.C.G.A. §
31-6-45(a.1);
4. Transferred controlling ownership in the
facility before completion of the project without prior written approval of the
Department, except as authorized by Ga. Comp. R. & Regs. r.
111-2-2-.02(4);
6. Changed the defined location of the
project except as allowed by O.C.G.A. §
31-6-45(a)
authorizing change in location under certain conditions;
7. Failed to comply with any and all
requirements or conditions of the Certificate;
8. Failed to submit a timely or complete
periodic report within 180 days following the date the report is due pursuant
to O.C.G.A. §
31-6-70 and as otherwise required
by Ga. Comp. R. & Regs. r.
111-2-2-.04;
9. Failed repeatedly to pay any fines or
moneys due to the Department;
10.
Failed to maintain minimum quality of care standards that are outlined within
the Certificate as granted; or
11.
Failed to participate as a provider of medical assistance for Medicaid purposes
if made a condition of the Certificate as granted pursuant to O.C.G.A. §
31-6-45.2(a).
(b) In the event that there is
sufficient evidence to justify revocation of a Certificate, the Department
shall provide written notification to the holder, which shall be effective as
of the date it is sent electronically by the Department. Notice shall also be
provided to the public, to the county or municipal authority and to the
appropriate Regional Development Center. Any person whose Certificate is
revoked under this Rule is entitled to judicial review, pursuant to O.C.G.A. §
50-13 et seq.
(c) A person whose
Certificate of Need has been revoked or denied may not reapply for a
Certificate of Need for the same or substantially similar project for at least
one hundred twenty (120) days from the date that the revocation or denial
becomes final, at which time the person may submit a new application. For
purposes of this subparagraph, a decision revoking or denying a Certificate of
Need shall become final when the time for appealing that decision expires
without an appeal of such decision having been timely filed. If an appeal is
timely filed, the decision is not final until the resolution of the
administrative appeal, if any.
(d)
A person holding a Certificate of Need may voluntarily request revocation of
the Certificate without prejudice by submitting such request to the Department
in writing.
(e) A health care
facility which has a Certificate of Need or is otherwise authorized to operate
pursuant to this chapter shall have such Certificates of Need or authority to
operate automatically revoked by operation of law without any action by the
Department when that facility's permit to operate pursuant to O.C.G.A. §
31-7-4 is finally revoked by order
of the Healthcare Facility Regulation Division. For purposes of this
subsection, the date of such final revocation shall be as follows:
1. When there is no appeal of the order
pursuant to O.C.G.A. § 31-5, the one hundred and eightieth (180th) day after
the date upon which expires the time for appealing the revocation order without
such an appeal being filed; or
2.
When there is an appeal of the order pursuant to O.C.G.A. § 31-5, the date upon
which expires the time to appeal the last administrative or judicial order
affirming or approving the revocation or revocation order without such appeal
being filed.
(f) A
certificate shall be subject to revocation for the following failures, without
limitation:
1. Failure to incur a
project-specific capital expenditure, within the initial twelve (12) month
implementation period specified at Ga. Comp. R. & Regs. r.
111-2-2-.02(6) and
in the Certificate itself or within an extension implementation period granted
by the Department, through initiation of substantial project above-ground
construction or lease or purchase of the proposed equipment;
2. Failure to file the required Progress
Report(s);
3. Failure to meet the
conditions on the face of the Certificate; or
4. Failure to pay any penalty assessed
pursuant to O.C.G.A. §
31-6-40.1.
(2)
Sanctions.
(a) Any health care facility offering a new
institutional health service without having obtained a Certificate of Need and
which has not been previously licensed as a health care facility shall be
denied a license to operate by the Healthcare Facility Regulation
Division.
(b) In the event that a
new institutional health service is knowingly offered or developed without
having obtained a Certificate of Need as required by O.C.G.A. § 31-6 et seq.,
or by these Rules, or the Certificate of Need for such service is revoked
according to the provisions of Ga. Comp. R. & Regs. r.
111-2-2-.05(1), a
facility or person may be fined an amount not to exceed $5,000.00 per day up to
thirty (30) days, $10,000.00 per day from thirty-one (31) days through sixty
(60) days, and $25,000.00 per day after sixty (60) days for each day that the
violation of these Rules and O.C.G.A. § 31-6 et seq. has existed and knowingly
and willingly continues; provided however, that the expenditure or commitment
of or incurring an obligation for the expenditure of funds to take or perform
actions not subject to this chapter or to acquire, develop or prepare a health
care facility site for which a Certificate of Need application is denied, shall
not be a violation of this Chapter and shall not be subject to such a fine. The
Commissioner or his designee shall determine, after notice and a hearing if
requested, whether the fines provided in the Code section shall be
levied.
(c) Any person who acquires
a health care facility by stock or asset purchase, merger, consolidation, or
other lawful means shall notify the Department of such acquisition, the date
thereof, and the names and address of the acquiring person. Such notification
shall be made in writing to the Commissioner or his designee within forty-five
(45) days following the acquisition and the acquiring person may be fined by
the Department in the amount of $500.00 for each day that such notification is
late.
(d) The Department may
require that any applicant for a Certificate of Need commit to provide a
specified amount of clinical health services to indigent or charity, Medicare,
Medicaid, PeachCare, and similar patients as a condition for the grant of a
Certificate of Need. A grantee or successor in interest of a Certificate of
Need or authorization to operate under O.C.G.A. § 31-6 et seq. which violates
such an agreement, whether made before or after July 1, 1991, shall be liable
to the Department for a monetary penalty in the amount of the difference
between the amount of services so agreed to be provided and the amount actually
provided. Penalties authorized under this Code section shall be subject to the
same notices and hearing for the levy of fines under Ga. Comp. R. & Regs.
r. 111-2-2-.05(2)(b).
(e) All hearings under this Section shall be
in accordance with the Georgia Administrative Procedure Act. Any person so
penalized under this Rule is entitled to judicial review, pursuant to O.C.G.A.
§ 50-13 et seq.
(f) If the person
assessed fails to pay the amount of the assessment to the Department within
thirty (30) days after notice of assessment is postmarked to him, or within
such longer period, not to exceed ninety (90) days, as the Department may
specify, the Department may institute a civil action to recover the amount of
the assessment or may revoke the Certificate of Need. The Department may add
reasonable interest to the assessment.
(g) For purposes of this Rule, the State of
Georgia, acting by and through the Department or any other interested person,
shall have standing in any court of competent jurisdiction to maintain an
action for injunctive or other appropriate relief to enforce the provisions of
this Rule.
(3)
Department's Right to Inspect and Audit. The Department or an
authorized representative or employee designated by the Department shall have
the right to inspect and audit any facility, site, location, book, document,
paper, files, or other record of the holder of the Certificate of Need or
letter of non-reviewability or other determination that is related to any
project authorized by the Certificate of Need or letter of non-reviewability or
other determination, in order to monitor and evaluate the person's compliance
with the terms of issuance of the Certificate of Need or the letter of
non-reviewability or other determination. The Department shall have the
authority to make public or private investigations or examinations inside or
outside of the state of Georgia to determine whether all provisions of O.C.G.A.
§
31-6-2 et seq. or any other law,
rule, regulation, or formal order relating to the provisions of O.C.G.A. §
31-6-40 in particular, has been
violated. Such investigations may be initiated at any time in the discretion of
the Department and may continue during the pendency of any action initiated by
the Department pursuant to section (1)(a) of this Rule. For the purpose of
conducting any investigation or inspection pursuant to this subsection, the
Department shall have the authority, upon providing reasonable notice, to
require the production of any books, records, or other information related to
any Certificate of Need issue.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.