Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 6 - SUBSEQUENT REVIEWS › Rule 15-9-91-6.3 - Six Month Extension

Current through June 25, 2024
Certificates of Need are valid for a period not to exceed
					 one year and may be extended by the Department for an additional period not to
					 exceed six months. In order to continue authority for a CON under a valid CON
					 period following the initial twelve (12) month issuance period, the CON holder
					 is required to document substantial progress toward completion of the CON and
					 be granted a six-month extension.
If the CON project is incomplete, the CON holder is
					 required to file a request for a six-month extension (and submit appropriate
					 documentation) at least thirty (30) calendar days prior to the expiration of
					 the original or any extended period.
Six-month extensions shall be based upon and supported by
					 the CON holder's submission of documentation that shows a good faith effort to
					 implement the CON through substantial progress. Substantial progress will be
					 determined based upon review of the documentation submitted and whether a
					 change in project status has occurred since the previous progress reporting
					 period.
A fee of Two Thousand and Five Hundred Dollars ($2,500)
					 shall be assessed for the processing and handling of six-month extension
					 requests and is payable to the Mississippi State Department of Health by check,
					 draft, or money order.
6.3.1
				  Documentation of Commencement of Construction, Good Faith Effort to Obligate
				  Approved Expenditure, or Other Preparation Substantially Undertaken During the
				  Valid CON Period
The following documentation may be reviewed to determine
					 whether commencement of construction or other preparation has been
					 substantially undertaken during a valid CON period and whether the applicant is
					 making a good faith effort to obligate approved expenditures.
1. Commencement of Construction:
a. Letter from the director of Health
				  Facilities Licensure and Certification Division of the Department of Health
				  stating that final plans have been submitted and are approved, that the plans
				  were prepared by an architect or architectural firm licensed to do business
				  within the State of Mississippi, and that the site is approved.
b. A copy of a legally binding and obligating
				  written contract executed by and between the applicant and the contractor to
				  construct and to complete the project within a reasonable designated time
				  schedule and to commence such construction within a reasonable designated time
				  period and which states the specific capital expenditure amount which conforms
				  to that amount previously approved.
c. A copy of the contractor's Mississippi
				  license.
d. A copy of the building
				  permit issued by the municipality or other applicable governing authority, or
				  if a building permit is not required, a letter from the municipality, county,
				  or other governing authority stating such.
e. A letter from the municipality, county, or
				  other governing authority that the proposed project is in compliance with
				  zoning regulations, if any, and if no such regulations exist, a letter to that
				  effect.
f. A statement in writing
				  that the proposed construction project, or any preparation thereof, is not in
				  violation of the Coastal Wetlands Protection Act, Section
				  49-27-1 et seq. of the Mississippi
				  Code of 1972 Annotated, as amended, or in violation of any federal law or
				  regulation pertaining in any manner to construction in a federally designated
				  "wetlands" area.
g. Documentary
				  proof that a progress payment of at least one percent of the total construction
				  cost as set out in the contract has been paid by the applicant to the
				  contractor (This payment exclusive of any site preparation cost).
h. A written statement signed by the
				  applicant and the contractor stating that all site preparation work has been
				  completed.
i. A written statement
				  signed by the applicant and the contractor that actual bona fide construction
				  of the proposed project has commenced and the details of such preliminary
				  construction.
j. A copy of the
				  Proceed to Construction Written Order previously given to the
				  contractor.