Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 3 - CERTIFICATE OF NEED APPLICATION PROCEDURES › Rule 15-9-91-3.10 - Emergency CON Review

Current through June 25, 2024
Any health care facility, finding it a matter of immediate
					 necessity to make a capital expenditure for replacement of or repair to
					 equipment or facility caused by unforeseen or unpredictable events that may
					 jeopardize the health and/or safety of the patients of such health care
					 facility, may file an application for emergency CON. Emergency expenditures
					 include those expenditures required for repair of fixed equipment to maintain
					 the provision of quality care.
Such equipment includes, but is not limited to, heating and
					 air conditioning equipment, elevators, electrical transformers and switch gear,
					 sterilization equipment, emergency generators, water supply, and other utility
					 connections.
Notification to the Department regarding an emergency
					 capital expenditure shall be made in the following manner: the administrative
					 executive officer (or one of his/her designated administrative assistants) of a
					 health care facility in need of an emergency CON shall contact a member of the
					 Department administrative staff who is responsible for the administration of
					 the CON program. Justification for the emergency CON should be fully explained,
					 describing in as much detail as possible the incurred loss or damage, the
					 result or probable result of such loss or damage, the estimated cost or
					 expenditure contemplated, the anticipated date such repairs or replacement will
					 commence, the anticipated date of the completion of the repairs, and other
					 necessary information requested by the staff member.
The State Health Officer, after obtaining required
					 information, shall grant or deny the emergency Certificate of Need application.
					 This decision will be communicated to the applicant as expeditiously as
					 possible and the Department will timely give notice of such issuance to the
					 public as with other applications.
Written notification shall be submitted as soon as possible
					 by the applicant to the State Department of Health, explaining the nature of
					 the emergency and other pertinent details regarding the request for the
					 emergency CON.
If it is sufficiently documented that the alleged emergency
					 did not exist, that there was an apparent intent to misrepresent facts, or that
					 there was an apparent intent to perpetrate a fraud by the applicant, any such
					 CON previously granted may be revoked or rescinded by the State Health
					 Officer.
Emergency CONs shall be valid for not more than ninety (90)
					 calendar days. Consequently, any recipient of an emergency CON is required to
					 submit the appropriate CON application to the Department within fifteen (15)
					 calendar days of the effective date of the emergency CON, addressing the same
					 project for which the emergency CON was granted. Normal CON procedures are
					 applicable to any subsequent application submitted by a recipient of an
					 emergency CON with reference to the same project, except that there shall be no
					 requirement for the filing of a Notice of Intent.