reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 4 - PUBLIC HEARING DURING THE COURSE OF REVIEW › Rule 15-9-91-4.8 - Pre-Hearing Orders

Current through June 25, 2024
On or before the twentieth (20th) calendar day prior to the
					 first day of the hearing, the parties should exchange proposed pre-trial
					 orders. The pre-trial order shall be in form generally accepted in the civil
					 courts of Mississippi. The pre-trial order shall be agreed upon by the parties
					 and entered by the hearing officer on or before the tenth (10th) calendar day
					 prior to the hearing. If agreement cannot be reached by and between the parties
					 to a hearing, the hearing officer shall resolve the disagreement and adjudicate
					 a pre-trial order for entry on or before the tenth
					 (10th) calendar day prior to the hearing. Any
					 hearing necessitated by disagreement between the parties or otherwise whose
					 subject is the pre-trial order shall be noticed by the parties for a date on or
					 before the tenth (10th) calendar day prior to the first day of the hearing
					 during the course of review.
The pre-trial order shall include the order of proof, if
					 applicable, a list of witnesses for each party, a statement that the parties
					 have reached agreement as to the documents which have been pre-marked for
					 admission, and that there is no question as to their authenticity and
					 admissibility; a brief list and summation of the issues to be tried, an
					 iteration of any stipulations reached; and any other matters upon which the
					 parties may reach agreement, or which the hearing officer may require, in
					 his/her discretion. The order shall contain a stipulation of any documents
					 necessary to a determination of the hearing which were received or generated by
					 the Department subsequent to the publication of the staff analysis, which,
					 together with the application, documents received subsequent to the application
					 and prior to the staff analysis, and the staff analysis, will constitute the
					 file of the Department for introduction into the record.
An executed copy of the pre-trial order shall be furnished
					 to the hearing officer and to th Department for inclusion in the
					 file.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 4 - PUBLIC HEARING DURING THE COURSE OF REVIEW › Rule 15-9-91-4.9 - Sanctions

Current through June 25, 2024
Upon the motion of any party to a hearing, a hearing
					 officer may impose reasonable sanctions on parties who fail or refuse to comply
					 with the rules and regulations of the Department regarding certificates of need
					 or who violate a hearing officer's order. Additional reasonable sanctions may
					 be imposed upon parties or non-parties who fail or refuse to comply with
					 subpoenas. Reasonable sanctions include, but are not limited to, denial of or
					 exclusion of information or documents sought; exclusion from the record of
					 testimony of witnesses; or other reasonable measures. The imposition of
					 sanctions shall not be to punish, but rather to compel fairness and to deny
					 parties any advantage which might be gained by
					 non-compliance.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 4 - PUBLIC HEARING DURING THE COURSE OF REVIEW › Rule 15-9-91-4.10 - Service of Documents

Current through June 25, 2024
One copy of each document such as pleadings, motions,
					 briefs, letters, etc., shall be served on each attorney of record in a
					 particular matter. A copy shall likewise be served on the hearing officer, and
					 one copy furnished to the Department for inclusion in the file. Any document
					 furnished the Department for filing shall plainly state, on its face or in an
					 accompanying letter, that it is being furnished for and is requested to be
					 filed.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 4 - PUBLIC HEARING DURING THE COURSE OF REVIEW › Rule 15-9-91-4.11 - Furnishing Copies

Current through June 25, 2024
Any document sought to be introduced into the record shall
					 be accompanied by sufficient copies for all other counsel, including counsel
					 opposite, the hearing officer and the court reporter.
Any motion or other pleading filed which references or is
					 in response to another document previously filed shall be accompanied by a copy
					 of the previously filed document (i.e., a motion to quash a subpoena shall be
					 accompanied by a copy of the subpoena; a motion in limine to exclude a document
					 shall be accompanied by a copy of the document).
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 5 - FINDINGS AND ORDERS OF THE DEPARTMENT › Rule 15-9-91-5.1 - Written Findings

Current through June 25, 2024
The basis for CON decisions will be provided in writing.
					 The Department may approve or disapprove a proposal for CON as originally
					 presented in final form, or it may approve a CON by modification, by reduction
					 only, of such proposal provided the proponent agrees in writing to such
					 modification.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 5 - FINDINGS AND ORDERS OF THE DEPARTMENT › Rule 15-9-91-5.2 - Decision and Final Order

Current through June 25, 2024
The State Health Officer will review all applications to
					 determine whether the proposed project substantially complies with plans,
					 standards, and criteria prescribed for such projects by the governing
					 legislation, by the State Health Plan, and the adopted rules and regulations of
					 the Department. When a hearing during the course of review has been held, the
					 completed record shall be certified to the State Health Officer, who shall
					 consider only the record in making his/her decision; he/she shall not consider
					 any evidence or material which is not included therein. The State Health
					 Officer shall make his/her written findings and issue his/her orders after
					 reviewing said records.
If the staff recommendation is to approve the project and
					 the State Health Officer does not concur, the applicant shall have one
					 opportunity only to submit additional information for staff analysis, and the
					 State Health Officer shall delay his/her decision on the project until
					 evaluation of the additional information is completed. Any additional
					 information submitted must be received by the Department within fifteen (15)
					 calendar days of the date the applicant is notified. The procedures to be
					 followed at the subsequent review shall be the same as when the State Health
					 Officer reviews a proposal for which a hearing during the course of review has
					 not been held.
Whether or not a hearing during the course of review was
					 held, the Department will post on its website the date in which the State
					 Health Officer will make her decision.
If the State Health Officer finds that the project does
					 conform to the applicable requirements, a decision to approve shall be
					 rendered. If the State Health Officer finds that the project fails to satisfy
					 the plans, standards, and criteria, a decision to disapprove will be rendered.
					 The State Health Officer's decision to approve or deny the Certificate of Need
					 shall be the final order of the Department and shall be published on the
					 Department's website and followed by written notice to the applicant. Any party
					 aggrieved by any final order by the Department shall have the right of appeal
					 to the Chancery Court of the First Judicial District of Hinds County,
					 Mississippi, as provided by Section
					 41-7-201 Mississippi Code of 1972
					 Annotated, as amended (Supplement 1993), provided however, that any appeal of
					 an Order disapproving an application for CON may be made to the Chancery Court
					 of the county where the proposed construction expansion or alteration was to
					 have been located or the new service or purpose of the capital expenditure was
					 to have been utilized.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 5 - FINDINGS AND ORDERS OF THE DEPARTMENT › Rule 15-9-91-5.3 - Designation of Record on Appeal

Current through June 25, 2024
In order to allow the Department to adequately prepare the
					 record for appeal, any party filing an appeal, cross-appeal, or other
					 responsive pleading to a notice of appeal shall specifically designate the
					 record for purposes of appeal, in fashion similar to that required by the
					 Mississippi Rules of Appellate Procedure. Such designation must specifically
					 set out any documents received or generated by the Department subsequent to the
					 publication of the staff analysis that the party desires to be included in the
					 appellate record.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 5 - FINDINGS AND ORDERS OF THE DEPARTMENT › Rule 15-9-91-5.4 - Administrative Decisions

Current through June 25, 2024
The State Health Officer may approve emergency CON's and
					 six-month extensions without providing prior notice to affected persons or the
					 public or providing an opportunity for a hearing during the course of review.
					 These applications are described in Subsequent Reviews, in Chapter 6 of this
					 manual.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 5 - FINDINGS AND ORDERS OF THE DEPARTMENT › Rule 15-9-91-5.5 - Withdrawal of a Certificate of Need

Current through June 25, 2024
Section
					 41-7-195, Mississippi Code of 1972
					 Annotated, as amended, states in part, "If commencement of construction or
					 other preparation is not substantially undertaken during a valid Certificate of
					 Need period or the State Department of Health determines that the applicant is
					 not making a good faith effort to obligate such approved expenditure, the State
					 Department of Health shall have the right to withdraw, revoke, or rescind the
					 Certificate."
In considering the withdrawal, revocation, or rescission of
					 the CON in those cases where an applicant has failed to show good faith effort
					 through substantial progress, the Department shall take the following
					 actions:
1. The applicant, affected
				  persons, and the general public will be notified by appropriate means that
				  withdrawal of the CON is under consideration by the Department and the reasons
				  therefore;
2. Applicant so advised
				  of contemplated action shall have thirty (30) calendar days from the date of
				  the written notice to respond, and if they so desire, to request a public
				  hearing before the State Health Officer or his/her independent designated
				  hearing officer. If no response is received from the applicant during the
				  30-day period, the Department may conclude that the applicant concurs with the
				  proposed action to withdraw, revoke or rescind the CON;
3. If a public hearing is requested by any
				  affected party, the Department will conduct the hearing within forty-five (45)
				  calendar days of receipt of the written request. The State Health Officer will
				  render his/her written decision within thirty (30) calendar days following
				  conclusion of any hearing on withdrawal of the Certificate of Need. Written
				  notice of the date, time, and place of any hearing to be conducted on
				  withdrawal of CON will be provided to affected persons at least five (5)
				  calendar days before the date of the hearing and will be published in The
				  Clarion-Ledger and/or other newspaper of general circulation in the area in
				  which the project was to have been developed, if deemed appropriate by the
				  Department.
Action taken by the Department to revoke, withdraw, or
					 rescind a CON shall be in the form of a final written order. The same appeal
					 rights that apply to initial review of the applications apply in the case of
					 hearings or reviews to withdraw existing CON.
In the withdrawal of a Certificate of Need, the State
					 Department of Health shall follow required procedures for notification of the
					 beginning of the review; written findings and conditions; notification of the
					 status of review; public hearing in the course of review; ex parte contact;
					 judicial review; and annual reports of the State Department of
					 Health.
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 15-9-91-6.1 - Change in Scope of Approved Project

Current through June 25, 2024
Applicants for a CON should clearly understand that if an
					 approved project is changed substantially in scope - in construction, services,
					 or capital expenditure the existing CON is void, and a new CON application is
					 required before the proponent can lawfully proceed further.
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 15-9-91-6.2 - Progress Reports

Current through June 25, 2024
The CON holder is required to submit a written progress
					 report every six months, or as requested by the department, and a final report
					 upon completion of a project. For purposes of this chapter, completion shall
					 mean when the approved proposed project is sufficiently complete so that it
					 becomes operational for the purpose for which the certificate of need was
					 issued. For projects that are incomplete, the CON holder is required to submit
					 a six-month extension request thirty (30) calendar days prior to the expiration
					 of the CON or any extended period (see Section regarding Six-Month Extension).
					 The CON Holder shall certify the report and submit documentation of the CON
					 holder's good faith effort to implement the CON by showing substantial
					 progress.
A fee of One Thousand Dollars ($1,000) shall be assessed
					 for the processing and handling of six-month extension- progress reports and
					 six-month extension- final reports and is payable to the Mississippi State
					 Department of Health by check, draft, or money order.
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 15-9-91-6.4 - EXPIRATION OF A CON

Current through June 25, 2024
The valid period for a CON is that period stated on the CON
					 or any subsequent extension approved by the State Health Officer. A CON holder
					 is only authorized to proceed on the CON project including making expenditures
					 during the valid period of a CON or any extension of the valid period. Once a
					 CON is no longer in a valid period or any extension thereof, the CON is expired
					 and void and the CON holder no longer has any authority under the CON and must
					 refrain from taking any action under the expired CON
. In addition, if a
					 CON holder fails to request Department approval for an extension prior to the
					 CON's expiration date, the CON shall be automatically void by operation of law,
					 and shall not require any action on the part of the Department to withdraw,
					 revoke or rescind the certificate
. If the Department denies a request
					 for a six-month extension, then the Department shall afford the CON holder
					 fifteen (15) calendar days notice within which to request a hearing.
1. If a public hearing is requested, the
				  Department will conduct the hearing within forty-five (45) calendar days of
				  receipt of the written request, utilizing the "Hearing During the Course of
				  Review" procedures to the extent practicable.
2. A written request for such hearing must be
				  received by the Department no later than fifteen (15) calendar days from the
				  date of notice and must be accompanied by the $6,000 hearing fee.
3. The State Health Officer will render
				  his/her written decision within thirty (30) calendar days following conclusion
				  of any hearing on denial of the six-month extension request of the Certificate
				  of Need.
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 15-9-91-6.5 - Extension/Renewal of an Expired CON

Current through June 25, 2024
Extenuating circumstances may prevent an applicant from
					 proceeding with the proposed project within the valid period of the approved
					 CON.
The Department has adopted a format for "Extension/Renewal
					 of an Expired CON" that is to be used by proponents of a project when the
					 increase in capital expenditure does not exceed the rate of inflation and no
					 change in the intent or scope of the project has occurred.
This application is to be submitted and reviewed under
					 procedures and criteria set forth in this manual for CON review in compliance
					 with state regulations. The following criteria will be considered when
					 reviewing projects for extension/renewal of an expired CON.:
1. Reason for expiration
2. How long has the CON been
				  expired
3. Status of project at
				  time of expiration and current status of project.
4. Continued need for project
5. Applicant's ability to complete the
				  project.
6. Timeline for completion
				  of the project.
The Department shall not consider a CON for
					 extension/renewal that has expired more than 18 months, or one that is not
					 shown in the current State Health Plan.
The fee assessed for prior approved projects shall be
					 one-half of the original assessment. The minimum assessment shall be not less
					 than $2,500.00 and the maximum fee shall not exceed $37,500.
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 15-9-91-6.6 - Cost Overrun

Current through June 25, 2024
Changes in capital expenditure not associated with
					 substantive construction or service changes require application for a cost
					 overrun approval. It is expected that each applicant will accurately and
					 completely represent the cost associated with the project, so that when a CON
					 is issued, a maximum capital expenditure is authorized.
In those cases where the expenditure maximum established by
					 the Certificate of Need is exceeded, the applicant is required to request cost
					 overrun approval. The following procedures shall apply to cost overrun
					 applications.
1. The request for cost
				  overrun shall be made in accordance with the cost overrun format.
For construction projects, a revised estimate signed by an
					 architect licensed to practice in Mississippi or a contractor authorized by law
					 to do business in Mississippi shall accompany the request for cost overrun. The
					 request shall include a description of the method used to determine the revised
					 cost estimate and the justification for each line item in the budget for which
					 a cost overrun is requested. In addition to the above, a revised capital
					 expenditure budget outlining all costs associated with the project and a copy
					 of any bid quotations will be submitted.
a. In cost overrun requests for purchase of
				  capital equipment, an official price quotation from the vendor or the
				  manufacturer is required.
b. Cost
				  overrun requests for construction projects shall be compared with national
				  construction cost data as published in the latest edition of Building
				  Construction Cost Data, Robert S. Means Co., Inc., Kingston, Massachusetts, or
				  other bona fide reference.
Any cost overrun on a construction or a renovation project
					 which locates cost in or above the upper one-fourth range for construction or
					 renovation cost in the U.S. shall require additional documentation to explain
					 the reasons.
c. Cost overrun
				  requests which result in part or in whole from the requirement of the licensure
				  and certification authority of the State shall be given special consideration.
				  Appropriate documentation from the licensing and/or certification authority
				  shall be submitted with the request.
d. The amount of the fee to be assessed on
				  cost overruns will be calculated as follows:
.50 of 1% of the revised capital expenditure, less the
					 original fee, not to exceed $25,000 but not less than
					 $2,500.00.
For any proposal in which the estimated or actual cost
					 exceeds the amount originally approved, a review by the State Health Officer
					 shall be required.
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 15-9-91-6.7 - Amendments to Certificates of Need

Current through June 25, 2024
A CON may be amended to reflect changes in the defined
					 scope and/or physical location if said amendment is necessary to be in
					 compliance with licensing laws of the State or for certification under Title
					 XVIII or Title XIX of the Social Security Act. Any such necessity to be in
					 compliance shall be documented in writing from the administrative head of the
					 Health Facilities Licensure and Certification Division.
A CON may also be amended when no substantial change exists
					 in construction, service, or capital expenditure when extenuating circumstances
					 or events, as determined by the State Department of Health, inhibit completion
					 of a Certificate of Need as originally presented in final form.
Requests for amendments to CON must be submitted in writing
					 to the Department only during the valid CON period and in the form and detail
					 as may be required by the Department. The amount of the fee to be assessed on
					 amendments will be calculated as follows:
.50 of 1% of the additional capital expenditure, not to
					 exceed $25,000 but not less than $2,500.00.
NOTE: Amendments which result from an additional capital
					 expenditure or a change in scope of project will be reviewed as a separate
					 project and will require an additional fee.
No CON will be amended after the proponent has submitted
					 the final report to the Department indicating completion of the project for
					 which the Certificate of Need was issued, and the State Department of Health
					 has acknowledged in writing the receipt of said final report.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 7 - PENALTIES TO ENFORCE REQUIREMENTS OF THE CERTIFICATE OF NEED ACT › Rule 15-9-91-7.1

Current through June 25, 2024
Any person or entity violating the provisions of Section
					 41-4-171 to
					 41-7-209, Mississippi Code of 1972
					 Annotated, as amended, by not obtaining a CON, or by deviating from the
					 provisions of a CON, or by refusing or failing to cooperate with the Department
					 in the exercise or execution of its functions, responsibilities, and powers
					 shall be subject to the following:
Revocation of the licensure of a health care facility
					 or a designated section, component, or bed service thereof, or revocation of
					 the license of any other person for which the Department is the licensing
					 authority. If the Department lacks jurisdiction to revoke the license of such
					 person, the State Health Officer shall recommend and show cause to the
					 appropriate licensing agency that such license should be revoked.
Non-licensure by the Department of specific or
					 designated bed service offered by the entity or person.
Non-licensure by the Department where infractions
					 occur concerning the acquisition or control of major medical
					 equipment.
Revoking, rescinding, or withdrawing a CON previously
					 issued.
Violations of Sections
					 41-7-171 et seq. of Mississippi
					 Code of 1972 Annotated, as amended, or any rules or regulations promulgated in
					 furtherance thereof by intent, fraud, deceit, unlawful design, willful and/or
					 deliberate misrepresentation, or by careless, negligent, or incautious
					 disregard for such statutes or rules and regulations, either by persons acting
					 individually or in concert with others, shall constitute a misdemeanor and
					 shall be punishable by a fine not to exceed $1,000 for each such offense. Each
					 day of continuing violation shall be considered a separate offense. The venue
					 for prosecution of any such violation shall be in the county of the state
					 wherein any such violation, or portion thereof, occurred.
The Attorney General, upon certification by the State
					 Health Officer, shall seek injunctive relief in a court of proper jurisdiction
					 to prevent violations of Sections 41-7- 171 et seq. of Mississippi Code of 1972
					 Annotated, as amended, or any rules or regulations promulgated in furtherance
					 of these Sections in cases where other administrative penalties and legal
					 sanctions imposed have failed or cause a discontinuance of any such
					 violation.
Major third-party payors, public and private, shall be
					 notified of any violation or infraction under this section and shall be
					 required to take such appropriate punitive action as is provided by
					 law.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 8 - CRITERIA USED BY STATE DEPARTMENT OF HEALTH FOR EVALUATION OF PROJECTS › Rule 15-9-91-8.1 - General Considerations

Current through June 25, 2024
Projects will be reviewed by the Department as deemed
					 appropriate. Review, evaluation, and determination of whether a CON is to be
					 issued or denied will be based upon the following general considerations and
					 any service specific criteria which are applicable to the project under
					 consideration.
1.
State
				  Health Plan
: The relationship of the health services being
				  reviewed to the applicable State Health Plan.
NOTE: CON applications will be reviewed under the State
					 Health Plan that is in effect at the time the application is received by the
					 Department.
No project may be approved unless it is consistent with the
					 State Health Plan. A project may be denied if the Department determines that
					 the project does not sufficiently meet one or more of the criteria.
2.
Long Range Plan
:
				  The relationship of services reviewed to the long range development plan, if
				  any, of the institution providing or proposing the services.
3.
Availability of Alternatives
:
				  The availability of less costly or more effective alternative methods of
				  providing the service to be offered, expanded or relocated.
4.
Economic Viability
: The
				  immediate and long-term financial feasibility of the proposal, as well as the
				  probable effect of the proposal on the costs and charges for providing health
				  services by the institution or service. Projections should be reasonable and
				  based upon generally accepted accounting procedures.
a. The proposed charges should be comparable
				  to those charges established by other facilities for similar services within
				  the service area or state. The applicant should document how the proposed
				  charges were calculated.
b. The
				  projected levels of utilization should be reasonably consistent with those
				  experienced by similar facilities in the service area and/or state. In
				  addition, projected levels of utilization should be consistent with the need
				  level of the service area.
c. If
				  the capital expenditure of the proposed project is $2,000,000 or more, the
				  applicant must submit a financial feasibility study prepared by an accountant,
				  CPA, or the facility's financial officer. The study must include the financial
				  analyst's opinion of the ability of the facility to undertake the obligation
				  and the probable effect of the expenditure on present and future operating
				  costs. In addition, the report must be signed by the preparer.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 8 - CRITERIA USED BY STATE DEPARTMENT OF HEALTH FOR EVALUATION OF PROJECTS › Rule 15-9-91-8.2 - Supplemental Service-Specific Criteria

Current through June 25, 2024
Service-specific criteria have been developed for a number
					 of health services and are contained in the State Health Plan. Applications
					 that propose to develop or expand such services will be measured against the
					 applicable general criteria listed in this section and also against the Service
					 Specific Criteria contained in the State Health Plan and the adopted rules and
					 regulations of the Department. The Supplemental Standards and Criteria shall be
					 used by the Department to determine the need for new acute and long- term care
					 hospital beds, psychiatric and chemical dependency facilities, comprehensive
					 inpatient rehabilitation facilities, facilities for the mentally retarded, ESRD
					 facilities, cardiac catheterization laboratories, open heart surgical services,
					 therapeutic radiation services, diagnostic imaging services, home health
					 services, magnetic resonance imaging services, extracorporeal shock wave
					 lithotripsy services, positron emission tomography services,
					 etc.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 8 - CRITERIA USED BY STATE DEPARTMENT OF HEALTH FOR EVALUATION OF PROJECTS › Rule 15-9-91-8.3 - Required Findings on Access

Current through June 25, 2024
Findings on access (see Criterion 6 of this chapter) must
					 be included in the written findings of the State Department of Health for each
					 project approved, except where the project is one which was undertaken to
					 eliminate or prevent eminent safety hazards or to comply with certain licensure
					 or accreditation standards regarding life safety codes or regulations, where
					 the project proposes a capital expenditure not directly related to the
					 provision of health services or to beds or major medical equipment, or where
					 the project is proposed by or on behalf of a health care facility which is
					 controlled directly or indirectly by an HMO.
In making its written findings on access, the Department
					 must take into account the current accessibility of the facility as a
					 whole.
The Department may impose a condition that requires the
					 applicant to take affirmative steps to meet access criteria on those projects
					 that were approved but do not meet access criteria.
The Department must state in its written findings if a
					 project is disapproved for failure to meet the need and access criteria.
In any case where the Department finds that a project does
					 not satisfy the criteria for access to traditionally underserved groups, a
					 report of such findings shall be made in writing to the
					 applicant.
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 15-9-91-9.2 - Appeal of the Proponent When the Department Fails to Render a Decision in Required Time

Current through June 25, 2024
Unless a hearing is held, if review by the State Department
					 of Health concerning the issuance of a CON is not complete with a final
					 decision issued by the State Health Officer within the time specified by rule
					 or regulations, which shall not exceed ninety (90) calendar days from the
					 filing of the application for a certificate of need, the proponent of the
					 proposal may, within thirty (30) calendar days after the expiration of the
					 specified time for review, commence such legal action as is necessary in the
					 Chancery Court of the First Judicial District of Hinds County or in the
					 Chancery Court of the county in which the service or facility is proposed to be
					 provided to compel the Department to issue written findings and written order
					 approving or disapproving the proposal in question.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 92 - Office of Rural Health and Primary Care › Chapter 1 - Regulations Governing the Issuance of Certificates of Public Advantage to Rural Hospitals that have Entered into a Cooperative Agreement to Engage in Various Common Activities › Subchapter 1 - INTRODUCTION › Rule 15-9-92-1.1.1

Current through June 25, 2024
These regulations are promulgated pursuant to Senate
						Bill 2850, adopted by the Mississippi State Legislature in its regular 2004
						session.
Miss. Code Ann.
						§
												41-9-307
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 92 - Office of Rural Health and Primary Care › Chapter 1 - Regulations Governing the Issuance of Certificates of Public Advantage to Rural Hospitals that have Entered into a Cooperative Agreement to Engage in Various Common Activities › Subchapter 2 - DEFINITIONS › Rule 15-9-92-1.2.1

Current through June 25, 2024
These definitions are in accordance with Senate Bill
						2850, adopted by the Mississippi State Legislature in its regular 2004
						session.
1. "Affected person," with
					 respect to any application for a certificate of public advantage means:
a. The applicant(s);
b. Any person residing within the geographic
					 service area of an applicant;
c.
					 Health care purchasers who reimburse health care facilities located in the
					 geographic service area of an applicant;
d. Any other person furnishing goods or
					 services to, or in competition with, an applicant; or
e. Any other person who has notified the
					 department in writing of his/her interest in applications for certificates of
					 public advantage and has a direct economic interest in the decision.
Notwithstanding the foregoing, persons from other states
						who would otherwise be considered "affected persons" are not included, unless
						that other state provides for similar involvement of persons from Mississippi
						in a similar process in that state.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 92 - Office of Rural Health and Primary Care › Chapter 1 - Regulations Governing the Issuance of Certificates of Public Advantage to Rural Hospitals that have Entered into a Cooperative Agreement to Engage in Various Common Activities › Subchapter 3 - CERTIFICATE OF PUBLIC ADVANTAGE APPLICATION › Rule 15-9-92-1.3.1

Current through June 25, 2024
Eligible Applicants for a Certificate of Public
						Advantage: A rural hospital and any corporation, partnership, joint venture, or
						any other entity, all of whose principals are rural hospitals, may negotiate
						and enter into cooperative agreements with other such persons in the state,
						subject to receipt of a certificate of public advantage governing the agreement
						as provided in Senate Bill 2850, Mississippi Legislature, 2004 regular
						session.
1. Notwithstanding any law of
					 this state to the contrary, parties to a cooperative agreement may apply to the
					 state health officer for a certificate of public advantage and upon compliance
					 with these regulations and all applicable statutory requirements, may be issued
					 a certificate of public advantage.
2. Each application for a certificate of
					 public advantage shall be verified by an officer or authorized representative
					 of the applicant. The application shall be in a form prescribed by the state
					 health officer and shall set forth or be accompanied by the following:
a. An executed written copy of the of the
					 cooperative agreement and a description of the nature and scope of cooperation
					 in agreement and any consideration passing to any party under the agreement,
					 and
b. Evidence that each of the
					 parties to the cooperative agreement is a rural hospital or is a corporation,
					 partnership, joint venture, or other entity all of whose principals are rural
					 hospitals.
c. Evidence that the
					 cooperative agreement addresses one (1) or more of the benefits listed herein
					 below in Rule 1.3.1.7. d. i-vi.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 92 - Office of Rural Health and Primary Care › Chapter 1 - Regulations Governing the Issuance of Certificates of Public Advantage to Rural Hospitals that have Entered into a Cooperative Agreement to Engage in Various Common Activities › Subchapter 4 - REVIEW AND MONITORING OF AN APPROVED CERTIFICATE OF PUBLIC ADVANTAGE › Rule 15-9-92-1.4.1

Current through June 25, 2024
The department shall actively monitor and regulate
						approved agreements and may request information whenever necessary to ensure
						compliance with the conditions of approval.
1. A report on the activities under the
					 cooperative agreement will be filed by the holder of the certificate of public
					 advantage with the department in order to determine continued compliance with
					 the terms of the certificate. The report shall be due every two (2) years from
					 the date of issuance of the certificate of public advantage. The content of the
					 report shall include an assessment of the dollar savings and benefits realized
					 under the agreement as well as any changes in the participants in the
					 cooperative agreement during the reporting period.
2. The department will maintain a file of all
					 active cooperative agreements for which certificates of public advantage have
					 been issued. A party to a cooperative agreement who terminates or withdraws
					 from the agreement shall notify the department within fifteen (15) days of the
					 termination or withdrawal.
3. An
					 annual monitoring fee of two hundred and fifty dollars ($250.00) will be
					 assessed as long as the certificate of public advantage remains in effect. The
					 annual monitoring fee shall be due on the anniversary date of the issuance of
					 the certificate of public advantage.
Miss. Code Ann.
						§
												41-9-307
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 92 - Office of Rural Health and Primary Care › Chapter 1 - Regulations Governing the Issuance of Certificates of Public Advantage to Rural Hospitals that have Entered into a Cooperative Agreement to Engage in Various Common Activities › Subchapter 5 - AMENDMENTS TO A COOPERATIVE AGREEMENT › Rule 15-9-92-1.5.1

Current through June 25, 2024
The parties to a cooperative agreement for which a
						certificate of public advantage has been issued and remains in effect must
						notify the department of any proposed amendment to the cooperative agreement,
						including an amendment to add an additional party, before the amendment takes
						effect. An amendment to remove or to reflect the withdrawal of a party is
						excluded from the requirement to notify the department, but the withdrawing
						party must comply with Rule 1.4.1.2.
1. A certificate of public advantage must be
					 issued by the department in the case of an amendment to a cooperative
					 agreement. The department shall consider and rule on the application in
					 accordance with the procedures applicable to cooperative agreements
					 generally.
2. A fee of two hundred
					 fifty dollars ($250.00) will be assessed for department review of an amendment
					 to a cooperative agreement.
Miss. Code Ann.
						§
												41-9-307
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 92 - Office of Rural Health and Primary Care › Chapter 1 - Regulations Governing the Issuance of Certificates of Public Advantage to Rural Hospitals that have Entered into a Cooperative Agreement to Engage in Various Common Activities › Subchapter 6 - REVOCATION OF A CERTIFICATE OF PUBLIC ADVANTAGE › Rule 15-9-92-1.6.1

Current through June 25, 2024
The department shall revoke a certificate of public
						advantage by giving written notice to each party to a cooperative agreement if
						the department finds that:
1. The
					 cooperative agreement or activities undertaken by it are not in substantial
					 compliance with the terms of the application or the conditions of
					 approval;
2. The likely benefits
					 resulting from the cooperative agreement no longer exist; or
3. The department's approval was obtained as
					 a result of intentional material misrepresentation to the department or as a
					 result of coercion, threats or intimidation toward any party to the cooperative
					 agreement.
4. If all parties
					 terminate their participation in the cooperative agreement, the department
					 shall revoke the certificate of public advantage for the agreement.
5. Any applicant aggrieved by a decision of
					 the department under the Rural Health Availability Act shall be entitled to
					 judicial review thereof in the Circuit Court of Hinds County, First Judicial
					 District. In the review, the decision of the department shall be affirmed
					 unless it is arbitrary, capricious, or it is not in compliance with the
					 Act.
Miss. Code Ann.
						§
												41-9-307
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 92 - Office of Rural Health and Primary Care › Chapter 1 - Regulations Governing the Issuance of Certificates of Public Advantage to Rural Hospitals that have Entered into a Cooperative Agreement to Engage in Various Common Activities › Subchapter 7 - CERTIFICATE OF PUBLIC ADVANTAGE PUBLIC HEARINGS › Rule 15-9-92-1.7.1

Current through June 25, 2024
An affected person has thirty (30) days from the date of
						publication or notice of an application for a Certificate of Public Advantage
						to request a public hearing.
1. A fee
					 of three thousand dollars ($3,000.00) per day will be assessed to cover the
					 cost of conducting a public hearing, with a deposit of three thousand dollars
					 ($3,000.00) required from the requestor or requesters. If a request for a
					 hearing and a deposit is not received by the end of business of the thirtieth
					 day after a public notice has been given, any affected person loses all right
					 to be afforded a public hearing.
2.
					 If the department is notified that a request for a public hearing is being
					 withdrawn before the hearing commences, a minimum of one thousand dollars
					 ($1,000.00) will be withheld from the deposit. Any extraordinary expenses
					 incurred in preparing for the hearing such as extra publication expenses,
					 expenses of hiring a court reporter, extraordinary administrative time, etc.,
					 will be deducted at a reasonable rate and the remaining portion of the deposit
					 will be refunded. All requests for a refund must be made in writing at the time
					 of withdrawal or within five (5) business days of notification of withdrawal.
					 All notices of withdrawal and requests for a return of a deposit must be made
					 no less than five business days before the date set for the public hearing.
					 Notices of withdrawal and requests for a refund of deposit received less than
					 five (5) business days before the date of the hearing will not entitle the
					 requestor to a return of any portion of the deposit.
3. A copy of the presiding hearing officer's
					 report will be made available to the applicant and the affected person(s) prior
					 to the decision being announced by the state health officer.
Miss. Code Ann.
						§
												41-9-307
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 92 - Office of Rural Health and Primary Care › Chapter 1 - Regulations Governing the Issuance of Certificates of Public Advantage to Rural Hospitals that have Entered into a Cooperative Agreement to Engage in Various Common Activities › Subchapter 8 - REQUESTS FOR PUBLIC RECORDS › Rule 15-9-92-1.8.1

Current through June 25, 2024
Requests for information pertaining to a certificate of
						public advantage must be made in writing and must state specifically what
						information is desired. Because of staff time, no open-ended requests will be
						honored. All requests for information in certificate of public advantage files
						must stand alone.
1. Requests for
					 information contained in certificate of public advantage files will be filled
					 not later than five (5) work days following the receipt of the request if the
					 material requested is 50 pages or less. If the requested material exceeds 50
					 pages, the request will be filled not later than ten (10) work days following
					 the receipt of the requests.
2. For
					 information contained in the certificate of public advantage files, a fee of
					 $.25 per page is charged to cover the cost of copying and handling. A minimum
					 fee of $5.00 is charged.
3. Records
					 are transferred to the Mississippi Department of Archives and History after
					 three years. A minimum fee of $15.00 is charged to retrieve files from the
					 Mississippi of Archives and History. This fee is assessed in addition to any
					 other applicable charge listed above. Advance payment is required for any
					 information received from the Office of Policy and Planning.
Miss. Code Ann.
						§
												41-9-307
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 95 - APPALACHIAN REGIONAL COMMISSION "ARC" J-1 VISA WAIVER GUIDELINES › Chapter 1 - MISSISSIPPI STATE DEPARTMENT OF HEALTH APPALACHIAN REGIONAL COMMISSION "ARC" J-1 VISA WAIVER GUIDELINES › Subchapter 1 - INTRODUCTION › Rule 15-9-95-1.1.2 - RESERVED

Current through June 25, 2024
Miss Code
						Ann, §
												41-3-17
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 95 - APPALACHIAN REGIONAL COMMISSION "ARC" J-1 VISA WAIVER GUIDELINES › Chapter 1 - MISSISSIPPI STATE DEPARTMENT OF HEALTH APPALACHIAN REGIONAL COMMISSION "ARC" J-1 VISA WAIVER GUIDELINES › Subchapter 1 - INTRODUCTION › Rule 15-9-95-1.1.3 - RESERVED

Current through June 25, 2024
Miss Code
						Ann, §
												41-3-17