Section 151-C:14 Enforcement.
I. Any person who offers or develops any new institutional health service within the meaning of this chapter without first obtaining a certificate of need as required in this chapter, or who otherwise violates any of the provisions of this chapter, shall be subject to the following sanctions:
(a) The state shall not issue a license to any health care facility or health maintenance organization to operate, offer, or develop any new institutional health service in violation of this chapter and without a certificate of need issued pursuant to this chapter. The provisions of RSA 151 notwithstanding, in the case of an increase in actual bed capacity in contravention of the requirements of this chapter, any license for such beds shall be deemed to be revoked.
(b) The state shall not furnish from any reimbursement program administered by the state, nor shall any entity chartered under the laws of New Hampshire or any person licensed and doing business in the state, provide reimbursement for any new institutional health service offered or developed in contravention of the requirements of this chapter.
(c) Any person who violates this chapter shall be fined not more than 1/2 of one percent of the total operating budget of the previous year, or, in the case of a new facility, not more than 1/2 of one percent of the projected annual operating budget for the first year of operation.
(d) In addition to all other sanctions, if any person offers or develops any new institutional health service without first having been issued a certificate of need, or violates any other provision of this chapter or any lawful rule adopted under this chapter, upon the posting of a bond or security, the board or health care facilities, health maintenance organizations, and health care providers located in the state shall have standing to maintain a civil action in the superior court of the county in which such alleged violation has occurred, or in which such person may be found, to enjoin, restrain, or prevent such violation. Upon written request by the board, it shall be the duty of the attorney general of the state to furnish such legal services as may be appropriate and to prosecute such action for injunctive relief to an appropriate conclusion.
Source. 1979, 304:1. 1985, 378:6, eff. July 1, 1985.