68-11-1619 - Revocation of certificate of need Grounds.
68-11-1619. Revocation of certificate of need Grounds.
In addition to any other grounds for revocation provided by other statutes, rule of law, or equity, the agency has the power to revoke a certificate of need whenever any of the following has occurred:
(1) The holder of a certificate of need has not made substantial and timely progress toward the completion of the project or acquisition of the equipment;
(2) The acquisition or project as described in the person's application has been changed or altered in such a manner as to significantly deviate from the acquisition or project approved by the agency when the certificate of need was granted;
(3) The decision to issue a certificate of need was based, in whole or in part, on information or data in the application which was false, incorrect, or misleading, whether intentional or not;
(4) The holder of the certificate of need has committed fraud in obtaining the certificate of need or has committed fraud upon the agency after the certificate of need was issued. For purposes of this section, fraud means any form of deceit, trickery, misrepresentation, or subterfuge, including, but not limited to, any of the following actions:
(A) Making a knowingly false statement, orally or in writing, in connection with a certificate of need application or project subject to the jurisdiction of the agency;
(B) Intentionally withholding or suppressing information that the person knows, or reasonably should know, is relevant to a certificate of need application or project subject to the jurisdiction of the agency; or
(C) Altering, forging, or otherwise modifying, with fraudulent intent, any document submitted to the agency in connection with any certificate of need application or project subject to the jurisdiction of the agency; or
(5) The violation of any condition placed upon a certificate of need by the agency, prior to licensure by the department of health or department of mental health and developmental disabilities.
[Acts 2002, ch. 780, § 4.]