P.R. Laws tit. 24, § 334a
No person may acquire or construct a health facility or offer or develop a new health service, or make capital investments for or in favor of a health facility, or acquire highly-specialized medical equipment without having first obtained a certificate of necessity and convenience granted by the Secretary. A certificate of necessity and convenience shall be required for the following activities:
(1) The acquisition of an existing health facility.
(2) The establishment of a new health facility, regardless of the amount of capital investment.
(3) Capital investment made by or in favor of an existing health facility in the amount of two million dollars ($2,000,000) or more, including the costs of any study, plan, specifications and other activities related to the investment, except in the case of health facilities such as pharmacies, blood banks, and clinical laboratories in which a certificate of necessity and convenience shall always be required. This applies to the acquisition of facilities by means of donations, leasing, or any other purchase.
(4) Any increase in the number of beds authorized for a hospital.
(5) Any redistribution of beds between categories even though the authorized capacity is not altered.
(6) Any relocation of beds from one physical facility to another.
(7) The conclusion of a health service which was being offered by or through a facility.
(8) The inclusion of a new health service by or in favor of a health facility entailing operating expenses of eight hundred thousand dollars ($800,000) or more, except in the case of health facilities such as pharmacies, blood banks, and clinical laboratories in which a certificate of necessity and convenience shall always be required.
(9) The acquisition by any person or health entity of highly specialized medical equipment worth one million dollars ($1,000,000) or more, which shall be property of or be located in a health facility. In determining the cost, there shall be included the cost of studies, plans, specifications, excise taxes, and of any other activities essential for the acquisition of the equipment.
(10) The acquisition by any person of highly-specialized medical equipment which shall not be property of, nor shall be located in, a health facility, if the equipment is to be used by hospitalized patients. If the equipment is not to be used by hospitalized patients, nor shall it be the property of, nor shall it be located in, a health facility, the acquirer must notify the Secretary, in writing, of his intention of acquiring said equipment and the use it will be given, within a period not greater than thirty (30) days prior to the date on which the acquisition shall be effected.
History —Nov. 7, 1975, No. 2, p. 922, § 2; July 26, 1979, No. 189, p. 521, § 3; Sept. 19, 1983, No. 16, p. 385, § 4; Sept. 1, 2006, No. 188, §§ 1—3.