Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 8 - Office of Health Policy and Planning › Subpart 90 - Planning and Resource Development › Chapter 02 - Long Term Care › Section 15-8-90-02-204 - Certificate of Need Criteria and Standards for Nursing Home Beds › Section 15-8-90-02-204.01 - Policy Statement Regarding Certificate of Need Applications for the Offering of Nursing Home Care Services

Current through June 25, 2024
1. Legislation
a. The 1990 Mississippi Legislature imposed a
					 permanent moratorium which prohibits MSDH from granting approval for or issuing
					 a Certificate of Need to any person proposing the new construction of, addition
					 to, expansion of, or conversion of vacant hospital beds to provide skilled or
					 intermediate nursing home care, except as specifically authorized by
					 statute.
b. Effective July 1, 1990,
					 any health care facility defined as a psychiatric hospital, skilled nursing
					 facility, intermediate care facility, intermediate care facility for the
					 intellectually disabled, or psychiatric residential treatment facility that is
					 owned by the State of Mississippi and under the direction and control of the
					 State Department of Mental Health is exempted from the requirement of the
					 issuance of a Certificate of Need under Section
					 41-7-171 et seq., for projects
					 which involve new construction, renovation, expansion, addition of new beds, or
					 conversion of beds from one category to another in any such defined health care
					 facility.
c. The 1999 Mississippi
					 Legislature temporarily lifted the 1990 moratorium to allow a sixty (60) bed
					 nursing facility to be added to each of twenty-six (26) counties with the
					 greatest need between the years 2000 and 2003. The Legislature also permitted
					 CONs for sixty (60) nursing facility beds for individuals with Alzheimer's in
					 the northern, central, and southern parts of each of the Long-Term Care
					 Planning Districts, for a total of 240 additional beds.
d. Effective April 12, 2002, no health care
					 facility shall be authorized to add any beds or convert any beds to another
					 category of beds without a Certificate of Need.
e. Effective March 4, 2003, if a health care
					 facility has voluntarily delicensed some of its existing bed complement, it may
					 later relicense some or all of its delicensed beds without the necessity of
					 having to acquire a Certificate of Need. The facility must submit a letter
					 requesting that the beds be placed in abeyance. The Department of Health shall
					 maintain a record of the delicensing health care facility and its voluntarily
					 delicensed beds and continue counting those beds as part of the state's total
					 bed count for health care planning purposes.
f. A health care facility that has ceased to
					 operate for a period of sixty (60) months or more shall require a Certificate
					 of Need prior to reopening.
g. MSDH
					 shall determine the need for additional nursing home care beds based on the
					 Long Term Care Planning Districts (LTCPDs) as outlined on Map 2-1. MSDH shall
					 calculate the statistical need for beds in each LTCPD independently of all
					 other LTCPDs.