Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 8 - Office of Health Policy and Planning › Subpart 90 - Planning and Resource Development › Chapter 07 - Other Health Services › Section 15-8-90-07-701 - Certificate of Need Criteria and Standards for Ambulatory Surgery Services › Section 15-8-90-07-701.01 - Policy Statement Regarding Certificate of Need Applications for Ambulatory Surgery Services

Current through June 25, 2024
1.
Ambulatory Surgery Planning Areas (ASPAs):
MSDH shall
					 use the Ambulatory Surgery Planning Areas as outlined on Map 7-1 of this Plan
					 for planning and CON decisions. The need for ambulatory surgery facilities in
					 any given ASPA shall be calculated independently of all other ASPAs.
2.
Ambulatory Surgery Facility
					 Service Areas:
An applicant's Ambulatory Surgery Facility Service
					 Area must have a population base of approximately 60,000 within thirty (30)
					 minutes normal driving time or twenty-five (25) miles, whichever is greater, of
					 the proposed/established facility. Note: Licensure standards require a
					 freestanding facility to be within fifteen (15) minutes traveling time of an
					 acute care hospital and a transfer agreement with said hospital must be in
					 place before a CON may be issued. Additionally, the ambulatory surgery facility
					 service area must have a stable or increasing population.
3.
Definitions:
The
					 Glossary of this Plan includes the definitions in the state statute regarding
					 ambulatory surgery services.
4.
Surgeries Offered:
MSDH shall not approve single
					 service ambulatory surgery centers. Only multi-specialty ambulatory surgery
					 center proposals may be approved for a CON.
5.
Minimum Surgical
					 Operations:
The minimum of 1,000 surgeries required to determine
					 need is based on five (5) surgeries per operating room per day x five (5) days
					 per week x fifty (50) weeks per year x eighty percent (80%) utilization
					 rate.
6.
Present
					 Utilization of Ambulatory Surgery Services:
MSDH shall consider
					 the utilization of existing services and the presence of valid CONs for
					 services within a given ASPA when reviewing CON applications.
7.
Optimum Capacity:
The optimum capacity of an ambulatory surgery facility is 800 surgeries per
					 operating room per year. MSDH shall not issue a CON for the establishment of an
					 additional facility(ies) unless the existing facilities within the ASPA have
					 performed in aggregate at least 800 surgeries per operating room per year for
					 the most recent twelve (12) month reporting period, as reflected in data
					 supplied to and/or verified by MSDH. MSDH may collect additional information it
					 deems essential to render a decision regarding any application. Optimum
					 capacity is based on four (4) surgeries per operating room per day x five (5)
					 days per week x fifty (50) weeks per year x eighty percent (80%) utilization
					 rate. This Policy Statement 7 shall not apply to applications proposing the
					 expansion of an existing and licensed ambulatory surgery facility.
8.
Conversion of Existing
					 Service:
Applications proposing the conversion of existing
					 inpatient capacity to hospital affiliated ambulatory surgical facilities
					 located within the hospital shall receive approval preference over detached or
					 freestanding ambulatory surgical facilities if the applicant can show that such
					 conversion is less costly than new construction and if the application
					 substantially meets other adopted criteria.
9.
Construction/Expansion of
					 Facility:
Any applicant proposing to construct a new facility or
					 major renovation to provide ambulatory surgery must propose to build/renovate
					 no fewer than two (2) operating rooms.
10.
Indigent/Charity
					 Care:
The applicant shall be required to provide a "reasonable
					 amount" of indigent/charity care as described in Chapter 1 of this
					 Plan.
11.
Single
					 Specialty Ambulatory Surgery Facility:
A single-specialty
					 ambulatory surgical center ("ASC") is not considered an integral part of an
					 institutional health service if a hospital or hospital's parent, subsidiary or
					 affiliated entity directly or indirectly (i) employs or contracts with
					 physicians, dentists, or health care professionals who own the ASC or practice
					 at the ASC, (ii) owns, in whole or in part, the incorporated medical group that
					 owns the ASC, (iii) jointly owns the ASC with physicians, dentists, or health
					 care professionals, independently or by incorporated medical groups, or (iv)
					 solely owns the ASC for credentialed physicians (whether employed, contracted
					 or independent) to perform surgical procedures in the ASC that qualify for
					 single-specialty status. The establishment of a single-specialty ASC does not
					 require CON review; however, the facility must submit an application for a
					 determination of non-reviewability prior to establishment of the
					 single-specialty ASC.