Penalties for Violations

Penalties for Violations. Any person or entity violating the provisions of Miss. Code Ann. §§ 41-7-171 through 41-7-209 by not obtaining a Certificate of Need, by deviating from the provisions of a CON, or by refusing or failing to cooperate with the Department in the exercise or execution of its functions, responsibilities, and powers shall be subject to the following: A. Revocation of the license of a health care facility, including any designated section, component, or bed service thereof, or revocation of the license of any other person or entity for whom the Department serves as the licensing authority. If the Department lacks jurisdiction to revoke such license, the State Health Officer shall recommend and show cause to the appropriate licensing agency that such license should be revoked. B. Non-licensure by the Department of specific or designated bed services offered by the entity or person. C. Non-licensure by the Department where infractions concern the acquisition or control of major medical equipment. D. Revoking, rescinding, or withdrawing a CON previously issued. Page 56 — Mississippi State Department of Health Violations of Miss. Code Ann. §§ 41-7-171 et seq., or any rules or regulations promulgated thereunder, by intent, fraud, deceit, unlawful design, willful or deliberate misrepresentation, or by careless, negligent, or incautious disregard, either by persons acting individually or in concert, shall constitute a misdemeanor punishable by a fine not to exceed One Thousand Dollars ($1,000.00) for each offense. Each day of continuing violation constitutes a separate offense. Prosecution shall be in the county where the violation or portion thereof occurred. The Attorney General, upon certification by the State Health Officer, shall seek injunctive relief in a court of proper jurisdiction to prevent violations in cases where other administrative penalties and legal sanctions have failed or to cause discontinuance of any such violation. Major third-party payors, public and private, shall be notified of any violation or infraction under this rule and shall be required to take such appropriate punitive action as is provided by law.