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135-73
135.73 SANCTIONS.
1. Any party constructing a new institutional health facility or
an addition to or renovation of an existing institutional health
facility without first obtaining a certificate of need or, in the
case of a mobile health service, ascertaining that the mobile health
service has received certificate of need approval, as required by
this division, shall be denied licensure or change of licensure by
the appropriate responsible licensing agency of this state.
2. A party violating this division shall be subject to penalties
in accordance with this section. The department shall adopt rules
setting forth the violations by classification, the criteria for the
classification of any violation not listed, and procedures for
implementing this subsection.
a. A class I violation is one in which a party offers a new
institutional health service or changed institutional health service
modernization or acquisition without review and approval by the
council. A party in violation is subject to a penalty of three
hundred dollars for each day of a class I violation. The department
may seek injunctive relief which shall include restraining the
commission or continuance of an act which would violate the
provisions of this paragraph. Notice and opportunity to be heard
shall be provided to a party pursuant to rule of civil procedure
1.1507 and contested case procedures in accordance with chapter 17A.
The department may reduce, alter, or waive a penalty upon the party
showing good faith compliance with the department's request to
immediately cease and desist from conduct in violation of this
section.
b. A class II violation is one in which a party violates the
terms or provisions of an approved application. The department may
seek injunctive relief which shall include restraining the commission
or continuance of or abating or eliminating an act which would
violate the provisions of this subsection. Notice and opportunity to
be heard shall be provided to a party pursuant to rule of civil
procedure 1.1507 and contested case procedures in accordance with
chapter 17A. The department may reduce, alter, or waive a penalty
upon the party showing good faith compliance with the department's
request to immediately cease and desist from conduct in violation of
this section. A class II violation shall be abated or eliminated
within a stated period of time determined by the department and
specified by the department in writing. The period of time may be
modified by the department for good cause shown. A party in
violation may be subject to a penalty of five hundred dollars for
each day of a class II violation.
3. Notwithstanding any other sanction imposed pursuant to this
section, a party offering or developing any new institutional health
service or changed institutional health service without first
obtaining a certificate of need as required by this division may be
temporarily or permanently restrained from doing so by any court of
competent jurisdiction in any action brought by the state, any of its
political subdivisions, or any other interested person.
4. The sanctions provided by this section are in addition to, and
not in lieu of, any penalty prescribed by law for the acts against
which these sanctions are invoked. Section History: Early Form
[C79, 81, § 135.73] Section History: Recent Form
91 Acts, ch 225, §14
Referred to in § 135.63
