Sec. 22247.
(1) The department shall monitor compliance with all certificates of need issued under this part and shall investigate allegations of noncompliance with a certificate of need or this part.
(2) If the department determines that the recipient of a certificate of need under this part is not in compliance with the terms of the certificate of need or that a person is in violation of this part or the rules promulgated under this part, the department shall do 1 or more of the following:
(a) Revoke or suspend the certificate of need.
(b) Impose a civil fine of not more than the amount of the billings for the services provided in violation of this part.
(c) Take any action authorized under this article for a violation of this article or a rule promulgated under this article, including, but not limited to, issuance of a compliance order under section 20162(5), whether or not the person is licensed under this article.
(d) Request enforcement action under section 22253.
(e) Take any other enforcement action authorized by this code.
(f) Publicize or report the violation or enforcement action, or both, to any person.
(g) Take any other action as determined appropriate by the department.
(3) A person shall not charge to, or collect from, another person or otherwise recover costs for services provided or for equipment or facilities that are acquired in violation of this part. If a person has violated this subsection, in addition to the sanctions provided under subsection (2), the person shall, upon request of the person from whom the charges were collected, refund those charges, either directly or through a credit on a subsequent bill.
History: Add. 1988, Act 332, Eff. Oct. 1, 1988 ;-- Am. 1993, Act 88, Imd. Eff. July 9, 1993 ;-- Am. 2002, Act 619, Eff. Mar. 31, 2003 Popular Name: Act 368
Structure Michigan Compiled Laws
Act 368 of 1978 - Public Health Code (333.1101 - 333.25211)
Article 17 - Facilities and Agencies (333.20101...333.22260)
368-1978-17-222 - Part 222 Certificates of Need (333.22201...333.22260)
Section 333.22201 - Meanings of Words and Phrases; Principles of Construction.
Section 333.22203 - Definitions; a to F.
Section 333.22205 - Definitions; H to M.
Section 333.22207 - Definitions; M to S.
Section 333.22208 - Definitions; T.
Section 333.22217 - Repealed. 2002, Act 619, Eff. Mar. 31, 2003.
Section 333.22219 - Joint Legislative Committee.
Section 333.22221 - Duties of Department Generally.
Section 333.22223 - Application for Certificate of Need; Statement Addressing Review Criteria.
Section 333.22224 - Certificate of Need Not Required.
Section 333.22224a - Magnetic Resonance Image Units.
Section 333.22224b - Positron Emission Tomography Scanner Services Pilot Project.
Section 333.22225 - Demonstration of Need for Proposed Project; Additional Requirements.
Section 333.22230 - Participation in Medicaid Program as Distinct Criterion.
Section 333.22233 - Waiver of Criteria and Procedures.
Section 333.22237 - Data and Statistics as Condition Precedent to Issuance of Certificate of Need.
Section 333.22239 - Stipulation.
Section 333.22251 - Repealed. 1993, Act 88, Imd. Eff. July 9, 1993.
Section 333.22253 - Injunction or Other Process to Restrain or Prevent Violation.
Section 333.22255 - Procedural Rules.
Section 333.22257 - Certificate of Need Issued Under Former Part 221.