P.R. Laws tit. 13, § 378
In the evaluation, analysis, consideration, award, renegotiation, and revision of any incentive or benefit granted under this chapter, the Department of Health and the Secretary thereof shall be required to oversee and ensure that the requirements and governing principles set forth in § 373a of this title are met, and that all other provisions of this chapter are complied with.
The Secretary of the Department of Health shall be responsible for verifying and ensuring that hospital units and the operators thereof meet the requirements of this chapter, particularly those set forth in § 373a of this title. If a hospital unit and the operators thereof fail to meet one or more of the requirements of § 373a of this title due to criteria such as quality, quantity, price, or availability thereof in Puerto Rico, among other factors that, in the judgment of the Secretary of Health, hinder, impair, or prevent the successful operation of the incentivized activity within reasonable parameters, the Secretary of Health, in consultation with the Secretary of the Treasury, may issue a certificate attesting to such fact, exempting the hospital unit and the operators thereof, in whole or in part, from meeting the requirement in question.
If the hospital unit and the operators thereof fail to fully meet the requirements of § 373a of this title, and fail to qualify for any of the exceptions to such provision, the Secretary of Health shall be responsible for establishing a formula, in consultation with the Secretary of the Treasury, that allows for the quantification of the factors set forth in said section, and for the subtraction of the requirement that has not been met from the total percentage of the specific benefit or incentive granted by this chapter, in order to obtain the exact percentage of the benefit or incentive in question.
The Secretary of Health shall be required and responsible for preparing a Certificate of Compliance every two years, once the hospital unit and the operators thereof validate, in the judgment of said official, that the hospital unit has met the requirements set forth in § 373a of this title, and complied with the other provisions of this chapter. Every two years, the Secretary of the Department of Health shall verify the information submitted by the hospital units and the operators thereof so that the Certificate of Compliance is issued not later than on the fifteenth (15 th) day of the second (2 nd) month after the close of the taxable year of the applicant.
History —June 30, 1968, No. 168, p. 606, § 8, renumbered as § 10 by § 5 and amended by § 6 on Mar. 3, 1995, No. 27; renumbered as § 11 and amended on Jan. 20, 2006, No. 16, § 11; Nov. 17, 2015, No. 187, § 30; Dec. 28, 2016, No. 208, § 10.