Section 448.603 - Enforcement of orders relating to certificate of need(a)(1) No certificate of need shall be granted to any person for a health care facility or reviewable clinically related health service unless such facility or clinically related health service is found by the department to be needed. (2) No person shall offer or develop a health care facility or reviewable clinically related health service without obtaining a certificate of need as required by this act.(3) No binding arrangement or commitment for financing the offering or development of a health care facility or reviewable clinically related health service shall be made by any person unless a certificate of need for such clinically related health service or facility has been granted in accordance with this act.(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.1979, July 19, P.L. 130, No. 48, § 603, effective 10/1/1979. Amended 1980, July 12, P.L. 655, No. 136, § 3, imd. effective. Affected 1980, Oct. 5, P.L. 693, No. 142, § 336, effective in 60 days; 1982, Dec. 20, P.L. 1409, No. 326, art. III, § 318, effective in 60 days. Amended 1992, Dec. 18, P.L. 1602, No. 179, § 12, imd. effective.