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 15-8-90-05-509 - Certificate of Need Criteria and Standards for Therapeutic Radiation Services › Section 15-8-90-05-509.01 - Policy Statement Regarding Certificate of Need Applications for the Acquisition or Otherwise Control of Therapeutic Radiation Equipment, and/or the Offering of Therapeutic Radiation Services (other than Stereotactic Radiosurgery)

Current through June 25, 2024
1.
Service Areas
: MSDH shall determine the need for
					 therapeutic radiation services equipment using the General Hospital Service
					 Areas as presented in this chapter of the
Plan
. MSDH shall
					 determine the need for therapeutic radiation services and equipment within a
					 given service area independently of all other service areas. Map 5-1 shows the
					 General Hospital Service Areas.
2.
Equipment to Population Ratio
: The need for
					 therapeutic radiation units (as defined) is determined to be one unit per
					 117,380 population (see methodology in Section
					 509.02.02 of the
Plan
). MSDH will consider out-of-state population in
					 determining need only when the applicant submits adequate documentation
					 acceptable to MSDH, such as valid patient origin studies.
3.
Limitation of New
					 Services
: When the therapeutic radiation unit-to-population ratio
					 reaches one to 117,380 in a given general hospital service area, no new
					 therapeutic radiation services may be approved unless the utilization of all
					 the existing machines in a given hospital service area averaged 8,000
					 treatments or 320 patients per year for the two most recent consecutive years
					 as reported on the "Renewal of Hospital License and Annual Hospital Report."
					 For purposes of this policy Cesium-137 teletherapy units, Cobalt-60 teletherapy
					 units designed for use at less than 80 cm SSD (source to skin distance), old
					 betatrons and van de Graaf Generators, unsuitable for modern clinical use,
					 shall not be counted in the inventory of therapeutic radiation units located in
					 a hospital service area.
4.
Expansion of Existing Services
: MSDH may consider a
					 CON application for the acquisition or otherwise control of an additional
					 therapeutic radiation unit by an existing provider of such services when the
					 applicant's existing equipment has exceeded the expected level of patient
					 service, i.e., 320 patients per year or 8,000 treatments per year for the two
					 most recent consecutive years as reported on the facility's "Renewal of
					 Hospital License and Annual Hospital Report."
5.
Equipment Designated for
					 Backup
: Therapeutic radiation equipment designated by an applicant
					 as "backup" equipment shall not be counted in the inventory for CON purposes.
					 Any treatments performed on the "backup" equipment shall be attributed to the
					 primary equipment for CON purposes. "Backup" equipment should only be utilized
					 when the primary equipment is deemed out of service.
6.
Definition of a
					 Treatment
: For health planning and CON purposes a patient
					 "treatment" is defined as one individual receiving radiation therapy during a
					 visit to a facility which provides megavoltage radiation therapy regardless of
					 the complexity of the treatment or the number of "fields" treated during the
					 visit.
7.
Use of
					 Equipment or Provision of Service
: Before the equipment or service
					 can be utilized or provided, the applicant desiring to provide the therapeutic
					 radiation equipment or service shall have CON approval or written evidence that
					 the equipment or service is exempt from CON approval, as determined MSDH
					 through a determination of non-reviewability.