Pennsylvania Statutes Title 35 P.S. Health and Safety § 448.603. Enforcement of orders relating to certificate of need

(b) Orders for which the time of appeal has expired shall be enforced by the department in summary proceedings or, when necessary, with the aid of the court.

(c) No collateral attack on any order, including questions relating to jurisdiction shall be permitted in the enforcement proceeding, but such relief may be sought when such relief has not been barred by the failure to take a timely appeal.

(d) Any person operating a reviewable clinically related health service or health care facility within this Commonwealth for which no certificate of need has been obtained, after service of a cease and desist order of the department, or after expiration of the time for appeal of any final order on appeal, upon conviction thereof, shall be sentenced to pay a fine of not less than $100 or more than $1,000 and costs of prosecution. Each day of operating a clinically related health service or health care facility after issuance of a cease and desist order shall constitute a separate offense.

(e) Any person who violates this act by failing to obtain a certificate of need, by deviating from the provisions of the certificate, by beginning construction, by providing services, or by acquiring equipment after the expiration of a certificate of need shall be subject to a penalty of not less than $100 per day and not more than $1,000 per day. Each day of each such violation shall be considered a separate offense.

(f) The department may seek injunctive relief to prevent continuing violations of this act. In seeking such relief, the department need not prove irreparable harm.

(g) No license to operate a health care facility, or reviewable clinically related health service by any person in this Commonwealth shall be granted and any license issued shall be void and of no effect as to any facility, organization, service or part thereof for which a certificate of need is required by this act and not granted.