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Puerto Rico Department of Health to Adopt Regulation of Adjudicative Procedures

An McV Health Care Alert

June 8, 2021

On May 13, 2021, the Puerto Rico Department of Health issued a public notice notifying the public of its intent to adopt the Regulation of Adjudicative Procedures in the Department of Health (the “Proposed Regulation”) and repeal Regulation No. 85 of the Secretary of Health, which currently regulates the adjudicative procedures before the Department of Health. 

The Proposed Regulation would apply in administrative procedures relating to: (i) the imposition of fines, (ii) the issuance, denial or revocation of licenses, permits and certifications; (iii) the implementation of new regulations; and (iv) on a supplementary basis, the issuance, denial or revocation of certificates of need and convenience. The Proposed Regulation would also establish expedited adjudicative procedures in cases where a senior citizen is part of the procedure or where imminent danger to public health and safety warrants an immediate action by the Department of Health. The provisions of the Proposed Regulation would not apply to the administrative proceedings of examining boards for health professionals.  

A virtual public hearing on the Proposed Regulation will be held on June 11, 2021 from 9:00 am to 12:00 pm. Comments or recommendations to the Proposed Regulation can be submitted until June 14, 2021 to the following address: Department of Health, Legal Advisors Office, PO Box 70184, San Juan Puerto Rico 00936-8184, or to rhernandez3@salud.pr.gov and a.ruiz@salud.pr.gov 

You may access the Proposed Regulation here.

The content of this McV Alert has been prepared for information purposes only. It is not intended as, and does not constitute, either legal advice or solicitation of any prospective client. An attorney-client relationship with McConnell Valdés LLC cannot be formed by reading or responding to this McV Alert. Such a relationship may be formed only by express agreement with McConnell Valdés LLC.

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