The Department of Health shall make or cause to be made such inspections or investigations as it may deem necessary, and may review the clinical and fiscal records and institute a system of confidential self-evaluation in the public and private practice of medical-hospital services in such a way that the quality of the services rendered and the cost effectiveness may be audited. The fiscal records shall be reviewed when dealing with facilities operated by any government unit and when dealing with persons who have availed themselves of any program through which they receive funds from the Commonwealth or federal governments; Provided, That all information shall be considered as confidential and may not be disclosed to anyone, and may be used only for the purposes for which they are obtained.
In any case in which a person refuses to let the Department inspect or investigate the clinical or fiscal records, as the case may be, the Secretary shall report the facts to the Part of the Court of First Instance with jurisdiction over the natural or artificial person concerned. The Court shall issue the pertinent order for said person to appear before said Court to state his reasons for refusing to let the Department inspect or investigate. If the position of the Department is sustained, the Court shall order the reluctant person to appear before the Department and to present all necessary and pertinent evidence. Disobedience of the order issued by the Court may be punishable for contempt.
The Department of Health may conduct the corresponding inspections in other government agencies such as municipalities or other political subdivisions, departments, divisions, boards, agencies, instrumentalities or public corporations. These inspections shall be conducted by agreement with said agencies.
The Department of Health shall ascertain that each facility maintains adequate safety measures according to the standards established by the Secretary.
When another agency or department makes an investigation of the institution, a copy of the report shall be sent to the Department of Health and shall be taken into consideration upon issuing the license.
No one may acquire, construct or operate a health facility unless he complies with the provisions of §§ 334—334i of this title. The necessary conferences and consultations may be held. Provided, That nothing herein provided shall be construed as exonerating applicants or licensees from the obligation to submit such plans and specifications to the approval of other government agencies, pursuant to the laws and regulations governing the matter.
History —June 26, 1965, No. 101, p. 250, § 29; July 20, 1979, No. 150, p. 368, § 2.