Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 9 - REGULATION OF HOSPITALS; HOSPITAL RECORDS (§§ 41-9-1 — 41-9-371) › RURAL AND PRIVATE HOSPITALS HEALTH AVAILABILITY ACT (§§ 41-9-301 — 41-9-311) › Section 41-9-305 - Definitions

For the purposes of Sections
41-9-301
through
41-9-311
, the following terms shall have the following meanings:
(a)
"Act" means the Rural and Private Hospitals Health Availability Act.
(b)
"Affected person," with respect to any application for a certificate of public advantage, means:
(i)
The applicant(s);
(ii)
Any person residing within the geographic service area of an applicant;
(iii)
Health care purchasers who reimburse health care facilities located in the geographic service area of an applicant;
(iv)
Any other person furnishing goods or services to, or in competition with, an applicant; or
(v)
Any other person who has notified the department in writing of his interest in applications for certificates of public advantage and has a direct economic interest in the decision.
Notwithstanding the foregoing, persons from other states who would otherwise be considered "affected persons" are not included, unless that other state provides for similar involvement of persons from Mississippi in a similar process in that state.
(c)
"Board" means the State Board of Health established under Section
41-3-1.1
.
(d)
"Certificate of public advantage" means the formal written approval, including any conditions or modifications of a cooperative agreement by the department.
(e)
"Cooperative agreement" means a contract, business or financial arrangement, or any other activities or practices among two (2) or more rural hospitals, or involving any private hospital in a rural or nonrural area, for the sharing, allocation, or referral of patients; the sharing or allocation of personnel, instructional programs, support services and facilities, medical, diagnostic or laboratory facilities, procedures, equipment or other health care services; the acquisition or merger of assets among or by two (2) or more rural hospitals, or involving any private hospital in a rural or nonrural area, including agreements to negotiate jointly with respect to price or other competitive terms with suppliers. The term "cooperative agreement" includes any amendments thereto with respect to which a certificate of public advantage has been issued or applied for or with respect to which a certificate of public advantage is not required, unless the context clearly requires otherwise.
(f)
"Department" means the State Department of Health created under Section
41-3-15
.
(g)
"Hospital" has the meaning set forth in Section
41-9-3
.
(h)
"Private hospital" means any for-profit or nonprofit hospital or hospital system controlled by private parties or in which private parties hold a majority interest.
(i)
"Rural area" means an area with a population density of less than one hundred (100) individuals per square mile; a municipality or county with a population of less than seven thousand five hundred (7,500) individuals; or an area defined by the most recent United States Census as rural.
(j)
"Rural hospital" means a private or community hospital having at least one (1) but no more than seventy-five (75) licensed acute-care beds that is located in a rural area.
(k)
"State" means the State of Mississippi.
(l)
"State Health Officer" means the State Health Officer elected by the State Board of Health under Section
41-3-5.1
.
The use of a singular term in this section includes the plural of that term, and the use of a plural term in this section includes the singular of that term, unless the context clearly requires another connotation.
Laws, 2004, ch. 462, § 3, eff. 7/1/2004.
Amended by Laws, 2023, ch. 453, SB 2323,§ 10, eff. 3/30/2023.