Section 325.9419. Monitoring compliance with approved certificates of need under section 22247 of the code.

(1) If the department determines that a recipient has not complied with the terms, conditions, or stipulations of an approved certificate of need, the department shall notify the recipient. The department shall also specify the period of time during which the noncompliance occurred. (2) In determining the appropriate action to take according to section 22247(2) of the code, the department shall consider the extent and duration of the noncompliance. (3) The department shall make available, to the public, on request, a list of all certificates of need determined not to be in compliance with the terms, conditions, or stipulations approved in a certificate of need. If required by the department, the recipient shall notify all payers of services provided by the recipient that the approved services are not being provided in compliance with the

terms, conditions, or stipulations of an approved certificate of need.  (4) The department decision is final and binding.

History: 1996 AACS; 2014 AACS.