Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 9 - JUDICIAL RECOURSE › Rule 15-9-91-9.1 - Appeal of the Decision of the State Health Officer by an Aggrieved Party

Current through June 25, 2024
There shall be a "stay of proceedings" of any final order
					 issued by the State Department of Health pertaining to the issuance of a
					 certificate of need for the establishment, construction, expansion or
					 replacement of a health care facility for a period of thirty (30) calendar days
					 from the date of the order, if an existing provider located in the same service
					 area where the health care facility is or will be located has requested a
					 hearing during the course of review in opposition to the issuance of the
					 certificate of need. The stay of proceedings shall expire at the termination of
					 thirty (30) calendar days; however, no construction, renovation or other
					 capital expenditure that is the subject of the order shall be undertaken, no
					 license to operate any facility that is the subject of the order shall be
					 issued by the licensing agency, and no certification to participate in the
					 Title XVII or Title XIX programs of the Social Security Act shall be granted,
					 until all statutory appeals have been exhausted or the time for those appeals
					 has expired. Notwithstanding the foregoing, the filing of an appeal from a
					 final order of the State Department of Health for the issuance of a certificate
					 of need shall not prevent the purchase of medical equipment or development or
					 offering of institutional health services granted in a certificate of need
					 issued by the State Department of Health.
In addition to other remedies now available at law or in
					 equity, any party aggrieved by any such final order of the State Department of
					 Health shall have the right of direct appeal to the Chancery Court of the First
					 Judicial District of Hinds County, Mississippi, which appeal must be filed
					 within twenty (20) calendar days after the date of the final order. Provided,
					 however, that any appeal of an order disapproving an application for such a
					 certificate of need may be made to the chancery court of the county where the
					 proposed construction, expansion or alteration was to be located or the new
					 service or purpose of the capital expenditure was to be located. Such appeal
					 must be filed in accordance with the twenty (20) calendar days for filing as
					 heretofore provided. Any appeal shall state briefly the nature of the
					 proceedings before the State Department of Health and shall specify the order
					 complained of. Any person whose rights may be materially affected by the action
					 of the State Department of Health may appear and become a party or the court
					 may, upon motion, order that any such person, organization or entity be joined
					 as a necessary party.
Upon the filing of such an appeal, the clerk of the
					 chancery court shall serve notice thereof upon the State Department of Health,
					 whereupon the State Department of Health shall, within thirty (30) calendar
					 days of the date of the filing of the appeal or within such time as the court
					 may by order for cause allow from the service of such notice, certify to the
					 chancery court the record in the case, which records shall include a transcript
					 of all testimony, together with all exhibits or copies thereof, all pleadings,
					 proceedings, orders, findings and opinions entered in the case; provided,
					 however, that the parties and the State Department of Health may stipulate that
					 a specified portion only of the record shall be certified to the court as the
					 record on appeal. The chancery court shall give preference to any such appeal
					 from a final order by the State Department of Health in a certificate of need
					 proceeding, and shall render a final order regarding such appeal no later than
					 one hundred twenty (120) calendar days from the date of the final order by the
					 State Department of Health. If the chancery court has not rendered a final
					 order within this 120-day period, then the final order of the State Department
					 of Health shall be deemed to have been affirmed by the chancery court, and any
					 party to the appeal shall have the right to appeal from the chancery court to
					 the Supreme Court on the record certified by the State Department of Health as
					 otherwise provided in this section. In the event the chancery court has not
					 rendered a final order within the 120-day period and an appeal is made to the
					 Supreme Court as provided herein, the Supreme Court shall remand the case to
					 the chancery court to make an award of costs, fees, reasonable expenses and
					 attorney 's fees incurred in favor of the appellee payable by appellant(s)
					 should the Supreme Court affirm the order of the State Department of
					 Health.
Any appeal of a final order by the State Department of
					 Health in a certificate of need proceeding shall require the giving of a bond
					 by the appellant(s) sufficient to secure the appellee against the loss of
					 costs, fees, expenses and attorney's fees incurred in defense of the appeal,
					 approved by the chancery court within five (5) calendar days of the date of
					 filing the appeal.
No new or additional evidence shall be introduced in the
					 chancery court, but the case shall be determined upon the record certified to
					 the court.
The court may sustain or dismiss the appeal in term time or
					 vacation and may sustain or dismiss the appeal, modify or vacate the order
					 complained of, in whole or in part, and may make an award of costs, fees,
					 expenses and attorney's fees, as the case may be; but in case the order is
					 wholly or partly vacated, the court may also, in its discretion, remand the
					 matter to the State Department of Health for any further proceedings, not
					 inconsistent with the court's order, as, in the opinion of the court, justice
					 may require. The court, as part of the final order, shall make an award of
					 costs, fees, reasonable expenses and attorney's fees incurred in favor of
					 appellee payable by the appellant(s) if the court affirms the order of the
					 State Department of Health. The order shall not be vacated or set aside, either
					 in whole or in part, except for errors of law, unless the court finds that the
					 order of the State Department of Health is not supported by substantial
					 evidence, is contrary to the manifest weight of the evidence, is in excess of
					 the statutory authority or jurisdiction of the State Department of Health, or
					 violates any vested constitutional rights of any party involved in the appeal.
					 Provided, however, an order of the chancery court reversing the denial of a
					 certificate of need by the State Department of Health shall not entitle the
					 applicant to effectuate the certificate of need until either:
(i) such order of the chancery court has
				  become final and has not been appealed to the Supreme Court; or
(ii) the Supreme Court has entered a final
				  order affirming the chancery court.
Appeals in accordance with law may be had to the Supreme
					 Court of the State of Mississippi from any final judgment of the chancery
					 court.
Within thirty (30) calendar days from the date of a final
					 order by the Supreme Court or a final order of the chancery court not appealed
					 to the Supreme Court that modifies or wholly or partly vacates the final order
					 of the State Department of Health granting a certificate of need, the State
					 Department of Health shall issue another order in conformity with the final
					 order of the Supreme Court, or the final order of the chancery court not
					 appealed by the Supreme Court.