Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 8 - Office of Health Policy and Planning › Subpart 90 - Planning and Resource Development › Chapter 05 - Acute Care Facilities and Services Overview › Section 15-8-90-05-505 - Swing -Bed Programs and Extended Care Services › Section 15-8-90-05-505.02 - Certificate of Need Criteria and Standards for Swing-Bed Services

Current through June 25, 2024
MSDH will review applications for a CON to establish
						swing-bed services under the applicable statutory requirements of Sections
						41-7-173,
						41-7-191, and
						41-7-193, Mississippi Code 1972,
						as amended. MSDH will also review applications for CON according to the general
						criteria listed in the
Mississippi Certificate of Need Review
						Manual
; all adopted rules, procedures, and plans of the MSDH; and the
						specific criteria and standards listed below.
Need Criterion 1: Federal
						Requirements
The application shall document that the hospital will
						meet all federal regulations regarding the swing-bed concept. However, a
						hospital may have more licensed beds or a higher average daily census (ADC)
						than the maximum number specified in federal regulations for participation in
						the swing-bed program.
Need Criterion 2: Resolution Adopted for Proposed
						Participation
The applicant shall provide a copy of the Resolution
						adopted by its governing board approving the proposed participation.
Need Criterion 3: Hospitals Proposing Beds over the
						Maximum allowed by Federal Law
If the applicant proposes to operate and staff more than
						the maximum number of beds specified in federal regulations for participation
						in the swing-bed program, the application shall give written assurance that
						only private pay patients will receive swing-bed services once the federal
						threshold is met.
Need Criterion 4: Medicare Recipients
The application shall affirm that upon receiving CON
						approval and meeting all federal requirements for participation in the
						swing-bed program, the applicant shall render services provided under the
						swing-bed concept to any patient eligible for Medicare (Title XVIII of the
						Social Security Act) who is certified by a physician to need such
						services.
Need Criterion 5: Limitation on Medicare/Medicaid
						Patients
The application shall affirm that upon receiving CON
						approval and meeting all federal requirements for participation in the
						swing-bed program, the applicant shall not permit any patient who is eligible
						for both Medicaid and Medicare or is eligible only for Medicaid to stay in the
						swing-beds of a hospital for more than thirty (30) days per admission unless
						the hospital receives prior approval for such patient from the Division of
						Medicaid.
Need Criterion 6: Hospitals with More Licensed Beds
						or a Higher Average Daily Census
The application shall affirm that if the hospital has
						more licensed beds or a higher average daily census than the maximum number
						specified in federal regulations for participation in the swing-bed program,
						the applicant will develop a procedure to ensure that, before a patient is
						allowed to stay in the swing-beds of the hospital, there are no vacant nursing
						home beds available within a fifty (50) mile radius (geographic area) of the
						hospital. The applicant shall also affirm that if the hospital has a patient
						staying in the swing-beds of the hospital and the hospital receives notice from
						a nursing home located within a fifty (50) mile radius that there is a vacant
						bed available for that patient, the hospital shall transfer the swing-bed
						patient to the nursing home within five (5) days, exclusive of holidays and
						weekends, unless the patient's physician certifies that the transfer is not
						medically appropriate.
Need Criterion 7: Transfer Agreements
The applicant shall provide copies of transfer agreements
						entered into with each nursing facility within the applicant's geographic
						area.
Need Criterion 8: Failure to Comply
An applicant subject to the conditions stated in Need
						Criterion
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5 shall affirm in the application that they will be
						subject to suspension from participation in the swing-bed program for a
						reasonable period of time by MSDH, after a hearing complying with due process,
						MSDH, determines that the hospital has failed to comply with any of those
						requirements.