Title 31, Chapter 6, Section 45.1
( 31-6-45.1)
(a) A health care facility which has a certificate of need or is otherwise authorized to operate pursuant to this chapter shall have such certificate of need or authority to operate automatically revoked by operation of law without any action by the Department of Community Health when that facility's permit to operate pursuant to Code Section 31-7-4 is finally revoked by order of the Department of Human Resources. For purposes of this subsection, the date of such final revocation shall be as follows: (1) When there is no appeal of the order pursuant to Chapter 5 of
this title, the one hundred and eightieth day after the date upon
which expires the time for appealing the revocation order without
such an appeal being filed; or (2) When there is an appeal of the order pursuant to Chapter 5 of
this title, the date upon which expires the time to appeal the
last administrative or judicial order affirming or approving the
revocation or revocation order without such appeal being filed. The Department of Community Health may become a party to any
judicial proceeding to review a decision by the Department of Human
Resources to revoke such a permit. (b) The services which had been authorized to be offered by a health
care facility for which a certificate of need has been revoked
pursuant to subsection (a) of this Code section may continue to be
offered in the service area in which that facility was located under
such conditions as specified by the department notwithstanding that
some or all of such services could not otherwise be offered as new
institutional health services. |