reglab/statecodes huggingface dataset:
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter I - Survey, Construction and Modernization of Health Facilities (§§ 332 — 332n) › § 332d - Construction program

The programs planned for the construction of health facilities shall take into consideration the population of the entire territorial area of Puerto Rico, and insofar as it is possible, insure that such facilities be distributed throughout all the territory of Puerto Rico in such a way as to make the health services available to all persons, and being especially careful to provide the services needed in rural areas and low-income areas.
History —June 26, 1965, No. 101, p. 250, § 7; July 20, 1979, No. 150, p. 368, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter I - Survey, Construction and Modernization of Health Facilities (§§ 332 — 332n) › § 332e - State plans

The Secretary shall prepare and submit to the Secretary of Health, Education and Welfare or to the Surgeon General, as the case may be, state plans which shall comprise the program for construction or modernization of facilities developed in accordance with this chapter, and which shall provide for the establishment, administration and operation of activities proper to the construction of facilities in accordance with the requirements of the applicable federal and state laws and regulations established thereunder. Before submitting such plans for consideration and approval, the Secretary shall give adequate publicity to the most important provisions proposed therein and shall hold public hearings or audiences at which all persons or organizations having a legitimate interest in the plans shall be afforded ample opportunity to express their views and opinions. The Secretary shall review once in a while, but not less than once a year, the programs for the construction or modernization of health facilities and shall submit to the pertinent authorities any modifications which he may deem necessary thereto.
History —June 26, 1965, No. 101, p. 250, § 8; July 20, 1979, No. 150, p. 368, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter I - Survey, Construction and Modernization of Health Facilities (§§ 332 — 332n) › § 332f - Maintenance and operation standards

The Secretary shall, by regulations, prescribe the minimum standards for the operation and maintenance of all the health facilities which may be constructed or modernized with or without federal aid in accordance with state plans, and of those facilities that may be operating or under construction upon the effective date of this act; Provided, That the standards in force on the effective date of this act shall continue in effect in everything not in conflict with this chapter, until those authorized by this chapter are prescribed.
History —June 26, 1965, No. 101, p. 250, § 9; July 20, 1979, No. 150, p. 368, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter I - Survey, Construction and Modernization of Health Facilities (§§ 332 — 332n) › § 332g - Priority of projects

The state plans shall determine the relative need for the several projects included in the facilities construction or modernization programs, in accordance with the regulations prescribed pursuant to the federal and state laws, and shall provide for the construction and modernization insofar as financial resources are available for such construction or modernization and for the subsequent maintenance and operation of facilities in the order of such relative need.
History —June 26, 1965, No. 101, p. 250, § 10.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter I - Survey, Construction and Modernization of Health Facilities (§§ 332 — 332n) › § 332h - Application for federal funds

Applications for federal funds for the construction or modernization projects for health facilities for which federal funds are requested shall be submitted to the Secretary. These applications may be submitted by the state government or any political subdivision thereof or by any nonprofit institution authorized to construct and operate a health facility. Each application for a construction project shall conform to federal and state requirements.
History —June 26, 1965, No. 101, p. 250, § 11; July 20, 1979, No. 150, p. 368, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter I - Survey, Construction and Modernization of Health Facilities (§§ 332 — 332n) › § 332i - Hearings; processing of applications

The Secretary shall give every applicant for federal funds for a construction or modernization project of a health facility an opportunity for a fair hearing. If after affording a reasonable opportunity for the development and submission of applications in order of relative need, the Secretary finds that the application complies with the requirements of this chapter and is otherwise in agreement with the state plan, he shall approve such application and shall recommend and forward it to the Secretary of Health, Education and Welfare or to the Surgeon General, as the case may be.
History —June 26, 1965, No. 101, p. 250, § 12; July 20, 1979, No. 150, p. 368, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter I - Survey, Construction and Modernization of Health Facilities (§§ 332 — 332n) › § 332j - Nonprofit facilities

A nonprofit facility may be considered within a construction program with participating federal funds if it fully proves, to the satisfaction of the Secretary, that it operates as nonprofit, that it renders free and/or low-cost services to the indigent, that it complies with the regulations prescribed by the Secretary, and that no part of the earnings that the facility may have directly or indirectly from the subcontracting of services that are considered hospital services, such as X ray, laboratories, nursing, use of operating room, or any other service that the Secretary might prescribe through regulations, inures or may lawfully inure to the benefit of any private shareholder or individual.
History —June 26, 1965, No. 101, p. 250, § 13.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter I - Survey, Construction and Modernization of Health Facilities (§§ 332 — 332n) › § 332k - Inspection of projects

The Secretary shall inspect the construction and modernization projects approved and in process of construction and if the inspection so warrants the Secretary shall certify to the corresponding federal agency the work that has been performed upon the project, or the purchases that have been made, all in accordance with the approved plan and specifications, and shall certify the payment of installments of federal funds due to the applicants.
History —June 26, 1965, No. 101, p. 250, § 14.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter I - Survey, Construction and Modernization of Health Facilities (§§ 332 — 332n) › § 332l - Federal Health Facilities Construction and Modernization Fund

The Secretary is hereby authorized to receive federal funds for the construction and modernization of health facilities in behalf of and for transmission to the applicants selected to receive such federal funds. There is hereby established a special account for contributions and grants in the Health Fund, separate and apart from all public moneys of the Government of Puerto Rico, for the construction and modernization of health facilities. Money received from the federal government for any construction or modernization of health facilities approved by the Surgeon General shall be credited to this account and shall be used solely for payments to applicants for federal funds for the construction or modernization of health facilities for work performed and/or for purchases made in carrying out approved projects. Warrants for all payments against this account shall bear the signature of the Secretary or of his duly authorized agent for such purpose; Provided, That when the applicant is the Department of Health of Puerto Rico, the federal funds received for the projects shall be covered directly into the Health Fund created by § 337j-1 of this title, to be used for the construction and modernization of health facilities.
History —June 26, 1965, No. 101, p. 250, § 15; July 20, 1979, No. 150, p. 368, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter I - Survey, Construction and Modernization of Health Facilities (§§ 332 — 332n) › § 332m - Deposit of funds for construction and modernization of health facilities

Upon the approval of this act, the funds for the construction and modernization of health facilities shall be covered into the Health Fund which shall be bolstered, among others, from the funds still available upon the repeal of Act No. 50 of May 7, 1947, as amended, and from such appropriations as may be made hereafter for such purposes, in addition to the reimbursement or payments made by the federal government to the Department of Health as an applicant for projects. The moneys covered into the Health Fund for license fees shall be used for the operation of the Health Facilities and Services Administration.
History —June 26, 1965, No. 101, p. 250, § 16; July 20, 1979, No. 150, p. 368, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter I - Survey, Construction and Modernization of Health Facilities (§§ 332 — 332n) › § 332n - Records

All records and documents of the Department of Health related to the administration of this chapter shall be accessible at all times to the Comptroller General, the Surgeon General, and the Secretary of Health, Education and Welfare of the United States or their duly authorized representative, for audit and examination.
History —June 26, 1965, No. 101, p. 250, § 18.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter II - Health Facilities Licensing (§§ 333 — 333p) › § 333 - Purpose

The purpose of this subchapter is to provide for the development, establishment and enforcement of standards for the care and treatment of individuals in health facilities and for the operation, functioning and maintenance of health facilities which, in the light of scientific advances, will encourage adequate treatment of such individuals in said facilities.
History —June 26, 1965, No. 101, p. 250, § 19; July 20, 1979, No. 150, p. 368, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter II - Health Facilities Licensing (§§ 333 — 333p) › § 333a - Administration

The Department of Health of Puerto Rico, and in its representation, the Secretary of Health, shall be responsible for the enforcement of the provisions of this chapter, through the proper administrative organization.
History —June 26, 1965, No. 101, p. 250, § 20.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter II - Health Facilities Licensing (§§ 333 — 333p) › § 333b - Advisory Board

The Health Institutions and Facilities Accreditation and Certification Advisory Board, created by § 3016 of this title, shall also be the Advisory Board for the purposes of this chapter. Its members shall receive the same compensation fixed in § 3016 of this title, which creates it, while on official business connected with their duties as assigned by this chapter.
History —June 26, 1965, No. 101, p. 250, § 21; July 20, 1979, No. 150, p. 368, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter II - Health Facilities Licensing (§§ 333 — 333p) › § 333c - Functions of the Advisory Board

The Health Institutions and Facilities Accreditation and Certification Advisory Board shall have the following responsibilities and duties with regard to the provisions of this chapter:
(a) To advise and counsel the Department of Health as to standards affecting the implementation and administration of this chapter.
(b) To review and make recommendations with respect to rules, regulations and standards authorized hereunder prior to their promulgation by the Department of Health as specified herein.
History —June 26, 1965, No. 101, p. 250, § 22; July 20, 1979, No. 150, p. 368, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter II - Health Facilities Licensing (§§ 333 — 333p) › § 333d - Licensing

After this act takes effect, no “person” or “government unit” may establish, operate or maintain in the Commonwealth of Puerto Rico a health facility of those included in this chapter, without a license granted under this chapter. A provisional license shall be granted, which shall be renewable according to the provisions of this chapter, to those facilities for which there are no requirements fixed by regulations, so that they may continue operating until the effective date of the regulations to be promulgated establishing the requirements. When the regulations applicable to the facilities are promulgated, they shall be given a reasonable term according to the special circumstances of the case, in the discretion of the Secretary of Health, to comply with said rules, regulations and requirements and to obtain the license. The term granted shall not exceed 2 years under any circumstances.
History —June 26, 1965, No. 101, p. 250, § 23; June 13, 1968, No. 80, p. 137, § 2; July 20, 1979, No. 150, p. 368, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter II - Health Facilities Licensing (§§ 333 — 333p) › § 333e - Application for license; fees

Every application for a license shall be filed with the Department of Health upon forms provided by it and shall contain such information as said Department may reasonably require, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed hereunder. Each application for a license for health facilities whose annual operating expenses are not derived in at least seventy-five percent (75%) from public funds must be accompanied by a license fee which shall be returned in full if the license is denied. The initial license and renewal fees for the facilities defined in this chapter shall be on the basis of five dollars ($5) per authorized bed.
These sums shall be covered into the Health Fund created by § 337j-1 of this title.
History —June 26, 1965, No. 101, p. 250, § 24; June 13, 1968, No. 80, p. 137, § 2; July 20, 1979, No. 150, p. 368, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter II - Health Facilities Licensing (§§ 333 — 333p) › § 333f - Issuance, renewal and substitution of licenses

Notwithstanding the provisions of § 333i of this title, upon receipt of an application for a license and of the proper license fee, if any, the Department of Health shall issue a license if the applicant and the facilities in question meet the requirements established under this chapter. A license, unless previously suspended or revoked, shall be renewable every two (2) years. The renewal shall be effective upon the payment of the proper fee, pursuant to the provisions of this chapter, and upon the filing of a report by its holder and the approval thereof by the Department of Health, which shall include the information prescribed by the Department of Health through regulations. In the event it is confirmed, through subsequent visits, that a facility that holds a license does not meet all the requirements therefor in the judgment of the Secretary of Health, and after due hearing or audience, said license shall be substituted by a provisional one. This provisional license shall be granted for a period of one (1) year to allow the facility to comply with the requirements, and shall subsequently be granted the license again. The provisional license may be renewed for a subsequent one (1)-year period and shall be subject to the same provisions on the payment of license fees, except that the amount to be paid for the provisional license shall be reduced to one-half.
Each license shall be issued only for the physical premises and the “person” or “government unit” mentioned in the application and shall not be transferable or reassignable, except upon written approval of the Department of Health. Every establishment shall post its license in a conspicuous place on the premises.
History —June 26, 1965, No. 101, p. 250, § 25; June 13, 1968, No. 80, p. 137, § 2; July 20, 1979, No. 150, p. 368, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter II - Health Facilities Licensing (§§ 333 — 333p) › § 333g - Denial, revocation and substitution of licenses, hearings and review

The Department of Health, after due notice and opportunity for hearing to the applicant or licensee, is authorized to deny, substitute, suspend or revoke a license in any case in which it is found that there has been a substantial noncompliance with the requirements established in the applicable regulations promulgated pursuant to the provisions of this chapter. The provisional licenses granted pursuant to this chapter may be revoked by the Secretary of Health when, in the Secretary’s judgment, the health and safety of the persons within the facilities which operate with said licenses are in jeopardy. The decision revoking, suspending, substituting or denying the license or application shall become final thirty (30) days after it is served, unless the applicant or licensee appeals to the Court of First Instance of Puerto Rico pursuant to § 333m of this title.
The procedure governing hearings authorized by this section shall be in accordance with the rules promulgated by the Department of Health. A full and complete record shall be kept of all proceedings, and all testimony shall be reported but need not be transcribed unless the decision is appealed pursuant to § 332m of this title. A copy or copies of the transcript may be obtained by any person or interested party upon payment of the cost of preparing such copy or copies. Witnesses may be summoned by either party.
History —June 26, 1965, No. 101, p. 250, § 26; June 13, 1968, No. 80, p. 137, § 2; July 20, 1979, No. 150, p. 368, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter II - Health Facilities Licensing (§§ 333 — 333p) › § 333g-1 - Disciplinary measures in cases of damages for fault, malpractice, professional unskillfulness or nonfulfillment of administrative or ministerial duties

As soon as he receives from the Administration of the Patient Compensation Fund, pursuant to § 41.160 of Act No. 77, approved June 19, 1957, as amended, the cases adjudged for damages for fault, malpractice, professional inexpertness or nonfeasance of its administrative or ministerial duties against a health facility, the Secretary shall take any of the following disciplinary measures:
(1) To censure.
(2) To put the health facility on trial for a specific period.
(3) To suspend or to revoke the license pursuant to the provisions of this chapter.
(4) To require the implementation of improvements or facilities.
For these purposes the Secretary may employ such personnel as he may deem necessary to carry out the investigations leading to the imposition of the disciplinary measures provided for in this section.
The health facility may appeal from the disciplinary measure imposed by the Secretary to the Court of First Instance within the term of thirty (30) days.
The Secretary shall notify the Administration of the Patient Compensation Fund of the action taken with respect to the health facility, once the same is final and unappealable.
The Secretary shall present to the Governor of Puerto Rico an annual report stating the number of cases adjudged for damages for fault, malpractice, professional inexpertness or nonfeasance of its administrative or ministerial duties against a health facility, and the action taken regarding each such case.
History —June 26, 1965, No. 101, p. 250, added as § 26A on June 17, 1976, No. 9, p. 669, § 1, eff. July 1, 1976.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter II - Health Facilities Licensing (§§ 333 — 333p) › § 333g-2 - Failure to contribute to Administration of Patient Compensation Fund or proof of financial liability

The Secretary shall suspend the license of the health facility that does not comply with the payment of the contribution to the Administration of the Patient Compensation Fund required by § 4106 of Title 26, or that does not file the proof of financial liability required by § 4108 of Title 26.
The Secretary shall reinstate said license as soon as the health facility pays the contribution required and/or files proof of financial liability.
History —June 26, 1965, No. 101, p. 250, added as § 26B on June 17, 1976, No. 9, p. 669, § 2, eff. July 1, 1976.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter II - Health Facilities Licensing (§§ 333 — 333p) › § 333h - Rules, regulations and promulgation

The Department of Health shall adopt, amend, promulgate and enforce such rules, regulations and standards which, with respect to all the facilities that shall operate hereunder, may further the accomplishment of the purposes of this chapter, as enumerated in § 333 of this title; Provided, That the promulgation of rules and regulations shall be pursuant to the provisions of Act No. 112 of June 30, 1957, and according to the provisions of any other law enacted hereafter to such effect.
History —June 26, 1965, No. 101, p. 250, § 27; July 20, 1979, No. 150, p. 368, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter II - Health Facilities Licensing (§§ 333 — 333p) › § 333i - Application of regulations

Any facility which is in operation on the effective date of the applicable rules and regulations or minimum standards established under this chapter shall be given a reasonable term and a provisional license, under the particular circumstances of the case, in the discretion of the Secretary of Health, within which to comply with such rules, regulations and standards, and to obtain a license. Provided, That the Secretary of Health, as he deems it justified, after considering the efforts of the facility to comply with the law and regulations, and without affecting the purpose of ensuring adequate services free from risks to the patients and/or to the residents, may extend the term granted to the facility and the provisional license to comply with the law and regulations for not more than two (2) years. Provided, further, That after the expiration of the term or terms granted, no facility of those herein included may operate in Puerto Rico without being duly authorized according to this chapter.
History —June 26, 1965, No. 101, p. 250, § 28; May 26, 1967, No. 75, p. 273; June 13, 1968, No. 80, p. 137, § 2; July 20, 1979, No. 150, p. 368, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter II - Health Facilities Licensing (§§ 333 — 333p) › § 333j - Inspections or consultations

The Department of Health shall make or cause to be made such inspections or investigations as it may deem necessary, and may review the clinical and fiscal records and institute a system of confidential self-evaluation in the public and private practice of medical-hospital services in such a way that the quality of the services rendered and the cost effectiveness may be audited. The fiscal records shall be reviewed when dealing with facilities operated by any government unit and when dealing with persons who have availed themselves of any program through which they receive funds from the Commonwealth or federal governments; Provided, That all information shall be considered as confidential and may not be disclosed to anyone, and may be used only for the purposes for which they are obtained.
In any case in which a person refuses to let the Department inspect or investigate the clinical or fiscal records, as the case may be, the Secretary shall report the facts to the Part of the Court of First Instance with jurisdiction over the natural or artificial person concerned. The Court shall issue the pertinent order for said person to appear before said Court to state his reasons for refusing to let the Department inspect or investigate. If the position of the Department is sustained, the Court shall order the reluctant person to appear before the Department and to present all necessary and pertinent evidence. Disobedience of the order issued by the Court may be punishable for contempt.
The Department of Health may conduct the corresponding inspections in other government agencies such as municipalities or other political subdivisions, departments, divisions, boards, agencies, instrumentalities or public corporations. These inspections shall be conducted by agreement with said agencies.
The Department of Health shall ascertain that each facility maintains adequate safety measures according to the standards established by the Secretary.
When another agency or department makes an investigation of the institution, a copy of the report shall be sent to the Department of Health and shall be taken into consideration upon issuing the license.
No one may acquire, construct or operate a health facility unless he complies with the provisions of §§ 334—334i of this title. The necessary conferences and consultations may be held. Provided, That nothing herein provided shall be construed as exonerating applicants or licensees from the obligation to submit such plans and specifications to the approval of other government agencies, pursuant to the laws and regulations governing the matter.
History —June 26, 1965, No. 101, p. 250, § 29; July 20, 1979, No. 150, p. 368, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter II - Health Facilities Licensing (§§ 333 — 333p) › § 333k - Confidential information

Information received by the Department of Health through reports, inspections or as otherwise authorized under this chapter, shall not be disclosed publicly in such manner as to identify individuals or institutions, except in a proceeding involving the question of license; Provided, That nothing heretofore stated in this section shall be construed to mean that the Department of Health may not give such information to any division or dependency of the government of the United States or of the Commonwealth of Puerto Rico to be used in the performance of fulfillment of the purposes and functions for which said divisions or dependencies were created. Any such body requesting information of a confidential nature shall set forth in writing the purpose for which such information is requested; and the same shall be used solely and exclusively for the purpose for which it is requested, and the said agency shall be responsible for maintaining the confidential nature of the information so obtained.
History —June 26, 1965, No. 101, p. 250, § 30.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter II - Health Facilities Licensing (§§ 333 — 333p) › § 333l - Annual report of the Department of Health

The Department of Health shall prepare and publish an annual report of its activities and operations under this chapter.
History —June 26, 1965, No. 101, p. 250, § 31.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter II - Health Facilities Licensing (§§ 333 — 333p) › § 333m - Judicial review

Any applicant or licensee, including government units actually or allegedly aggrieved by the decision of the Department of Health refusing, suspending, substituting or reversing a license, as the case may be, may, within a term of thirty (30) days after notice of the decision is served, appeal to the Court of First Instance of Puerto Rico. The notice of appeal shall be in writing and shall be filed with the court and served upon the Department of Health, accompanied by a bill containing a specific and concise statement of the alleged error or errors committed in the decision of the Department of Health.
After notice of the petition for review is served, the Department of Health shall promptly file with the court a certified copy of the record and decision, including the transcript of the hearings on which the decision is based. Findings of fact by the Department of Health shall be conclusive unless substantially contrary to the weight of evidence.
No evidence shall be admitted at the hearing of an appeal in the Court of First Instance but if any of the parties should convince the court that after the hearing in the Department of Health new evidence has been found that could not be obtained through the exercise of reasonable diligence for use at said hearing, and that such evidence would materially affect the merits of the case, the court shall remand the case to the Department of Health to take and consider the new evidence subsequently discovered and thereupon to make the proper order and decision, from which decision appeal may be taken pursuant to the provisions of this chapter. The court may decide the case affirming, modifying or reversing the decision of the Department of Health. Both the applicant or licensee and the Department of Health may appeal from the decision of the court according to the laws in force.
Pending final disposition of the matter by the courts the status of the applicant or licensee shall be preserved, except as the court may otherwise order in the public interest, on petition of the Secretary of Health.
History —June 26, 1965, No. 101, p. 250, § 32; June 13, 1968, No. 80, p. 137, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter II - Health Facilities Licensing (§§ 333 — 333p) › § 333n - Penalties

Any person establishing, conducting, managing or operating a health facility without the license required by this chapter, or violating any provision hereof or any regulation or order prescribed by the Secretary of Health pursuant to the provisions of this chapter, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Provided, That each day of continuing violation after conviction shall be deemed a new and separate offense. Provided, further, That the Secretary of Health is hereby empowered to levy administrative fines for violations of this chapter and of the regulations or orders issued by him hereunder after due hearing. No administrative fine levied by the Secretary of Health shall exceed five hundred dollars ($500).
No administrative fine levied by the Secretary of Health shall exceed five hundred dollars ($500).
History —June 26, 1965, No. 101, p. 250, § 33; July 20, 1979, No. 150, p. 368, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter II - Health Facilities Licensing (§§ 333 — 333p) › § 333o - Injunction

Notwithstanding the existence or pursuit of any other legal remedy, the Department of Health may, in the manner provided by law and through the Secretary of Justice, who shall represent the Department of Health in the proceedings, maintain an action in behalf of the Government for injunction or other proceeding against any “person” or “government unit” to restrain or prevent the establishment, direction, management, operation or functioning of a health facility of those described herein without a license issued under the provisions of this chapter.
History —June 26, 1965, p. 101, p. 250, § 34; July 20, 1979, No. 150, p. 368, § 2.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter II - Health Facilities Licensing (§§ 333 — 333p) › § 333p - Budgetary appropriations

The necessary annual appropriations to carry out the purposes of this subchapter shall be included in the general budget of expenses of the Department of Health.
History —June 26, 1965, No. 101, p. 250, § 35.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334a - Obtaining certificate; activities requiring

No person may acquire or construct a health facility or offer or develop a new health service, or make capital investments for or in favor of a health facility, or acquire highly-specialized medical equipment without having first obtained a certificate of necessity and convenience granted by the Secretary. A certificate of necessity and convenience shall be required for the following activities:
(1) The acquisition of an existing health facility.
(2) The establishment of a new health facility, regardless of the amount of capital investment.
(3) Capital investment made by or in favor of an existing health facility in the amount of two million dollars ($2,000,000) or more, including the costs of any study, plan, specifications and other activities related to the investment, except in the case of health facilities such as pharmacies, blood banks, and clinical laboratories in which a certificate of necessity and convenience shall always be required. This applies to the acquisition of facilities by means of donations, leasing, or any other purchase.
(4) Any increase in the number of beds authorized for a hospital.
(5) Any redistribution of beds between categories even though the authorized capacity is not altered.
(6) Any relocation of beds from one physical facility to another.
(7) The conclusion of a health service which was being offered by or through a facility.
(8) The inclusion of a new health service by or in favor of a health facility entailing operating expenses of eight hundred thousand dollars ($800,000) or more, except in the case of health facilities such as pharmacies, blood banks, and clinical laboratories in which a certificate of necessity and convenience shall always be required.
(9) The acquisition by any person or health entity of highly specialized medical equipment worth one million dollars ($1,000,000) or more, which shall be property of or be located in a health facility. In determining the cost, there shall be included the cost of studies, plans, specifications, excise taxes, and of any other activities essential for the acquisition of the equipment.
(10) The acquisition by any person of highly-specialized medical equipment which shall not be property of, nor shall be located in, a health facility, if the equipment is to be used by hospitalized patients. If the equipment is not to be used by hospitalized patients, nor shall it be the property of, nor shall it be located in, a health facility, the acquirer must notify the Secretary, in writing, of his intention of acquiring said equipment and the use it will be given, within a period not greater than thirty (30) days prior to the date on which the acquisition shall be effected.
History —Nov. 7, 1975, No. 2, p. 922, § 2; July 26, 1979, No. 189, p. 521, § 3; Sept. 19, 1983, No. 16, p. 385, § 4; Sept. 1, 2006, No. 188, §§ 1—3.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334b - Criteria for issuing or denying certificate

The Secretary shall establish, through regulations, the criteria to issue or deny the certificate of necessity and convenience. Upon establishing said criteria, the Secretary shall take into consideration the general guidelines established in the federal act and in §§ 334—334j of this title, according to the public policy and development strategy adopted by the Planning Board, including the Integral Development Plan.
Among said criteria are the following:
(1) The relationship between the transaction for which the certificate is requested, and the long-term service development plan, if any, of the petitioner.
(2) The present and projected need of the population which will be affected by the proposed transaction of the services to be provided thereby.
(3) The existence of alternatives to the transaction for which the certificate is requested, or the possibility of providing the proposed services in a more efficient or less costly manner than that proposed by the petitioner.
(4) The relationship between the health system operating in the area and the proposed transaction.
(5) In the specific case of petitioners for certificates of necessity and convenience to offer health services, the Secretary shall also take into consideration the following factors:
(a) The availability of human and economic resources for the efficient rendering of these services.
(b) The impact that the manner of providing the services shall have on the needs of clinical training of the health professionals of the area in which the services shall be rendered.
(c) The percent of the population of the area to be served which shall have access to the proposed services. The Secretary shall require that the application indicates the time the petitioner will need to make available the service or equipment for which he is petitioning, or to incur the expenses of the transaction.
History —Nov. 7, 1975, No. 2, p. 922, added as § 3 on Sept. 19, 1983, No. 16, p. 385, § 5.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334c - Exemptions—Regulation

The Secretary shall relieve the health facilities that offer services to hospitalized patients and that comply with the exemption criteria provided by the applicable federal legislation, from the requirement of acquiring the certificate of necessity and convenience.
The Secretary, through regulations, and according to the applicable federal provisions, shall establish the procedural requirements that must be met for the acquisition of an exemption petition filed under this section.
History —Nov. 7, 1975, No. 2, p. 922, added as § 4 on Sept. 19, 1983, No. 16, p. 385, § 6.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334d - Exemptions—Effects of transfer of facility

A health facility or part thereof, or highly-specialized medical equipment, which has been granted an exemption, and a health facility leased by a health maintenance organization that is subsequently sold or leased, cannot continue operating as such, or being used, unless the Secretary issues a certificate of necessity and convenience approving the same, or once again grants the exemption, upon complying with the requirements of § 334c of this title.
The Secretary may revoke or not approve the certificate of necessity and convenience to health maintenance organizations or medical facilities that do not cover the cost of services in emergency rooms for the patient that arrives with a real condition, or with the firm belief that they have a real condition that he/she deems needs to receive medical attention. The services rendered to the patient shall be compensated by the health services plan, if the patient has one.
History —Nov. 7, 1975, No. 2, p. 922, added as § 5 on Sept. 19, 1983, No. 16, p. 385, § 7; Aug. 25, 2000, No. 200, § 1, eff. 90 days after Aug. 25, 2000.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334f - Facilities controlled by another or extensions thereof

If a health maintenance organization or a health facility controlled, directly or indirectly by it, requests a certificate of necessity and convenience, the Secretary shall approve it if the transaction contemplated is indispensable to cover the needs of the present and potential membership thereof, and if the health maintenance organization cannot provide health services through its facilities at a reasonable cost consistent with the organization’s long-term operations, and with doctors and health professionals associated with the facility, without carrying out the contemplated transaction.
History —Nov. 7, 1975, No. 2, p. 922, added as § 6 on Sept. 19, 1983, No. 16, p. 385, § 8.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334f-1 - Acquisition of organization or equipment already authorized; prerequisite

Any health maintenance organization, any part thereof, or medical equipment which has received a certificate of necessity and convenience under the preceding section cannot be acquired totally or through the acquisition of a majority interest in the same, until it has obtained a new certificate of necessity and convenience authorizing the acquisition.
History —Nov. 7, 1975, No. 2, p. 922, added as § 6A on Sept. 19, 1983, No. 16, p. 385, § 9.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334f-2 - Procedure—Regulation by Secretary

The Secretary shall establish, through regulations, the procedure for the reception and evaluation of applications for certificates of necessity and convenience or of exemption, in harmony with § 334c of this title, according to the requirements established in §§ 334—334j of this title and in the applicable federal law and regulations.
History —Nov. 7, 1975, No. 2, p. 922, added as § 7 on Sept. 19, 1983, No. 16, p. 385, § 9.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334f-3 - Procedure—Notice of transactions

The proponent shall notify the Secretary in writing of his intention of carrying out any of the transactions contemplated by §§ 334—334j of this title, no later than thirty (30) days prior to the date on which he shall file the petition to obtain the certificate of necessity and convenience for said transaction, or request the exemption provided in § 334c of this title.
History —Nov. 7, 1975, No. 2, p. 922, added as § 8 on Sept. 19, 1983, No. 16, p. 385, § 9.
2023 Laws of Puerto Rico › TITLE TWENTY-FOUR - Health and Sanitation (§§ 1 — 15010) › PART I - Hospitals, Institutions, And Health Programs (§§ 1 — 343k) › Chapter 19 - Health Facilities (§§ 331 — 334j) › Subchapter III - Certificates of Necessity and Convenience (§§ 334 — 334j) › § 334f-4 - Procedure—Petitions for specific purposes

Any petition for a certificate of necessity and convenience required to eliminate imminent safety hazards, or to obtain the reimbursement of expenses for any federal or local program or to meet federal or local requirements regarding operating permits shall be approved after the holding of a hearing, up to the amount needed to meet the listed needs, except when the Secretary determines that the facility or the service for which the investment is to be made is not necessary.
History —Nov. 7, 1975, No. 2, p. 922, added as § 8A on Sept. 19, 1983, No. 16, p. 385, § 9.