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 1 - POLICIES, PROCEDURES AND DEFINITIONS › Rule 15-9-91-1.11 - Processing of Requests

Current through June 25, 2024
Requests for published reports will be filled no later than
					 seven (7) business days following the receipt of such request.
If the Division is unable to produce the records requested
					 by the seventh business day after the request is made, the Division will
					 provide a written explanation to the person making the request stating that the
					 record requested will be produced and specifying with particularity why the
					 records cannot be produced within the seven-business day period. Unless there
					 is mutual agreement of the parties, in no event shall the date for the
					 Division's production of the requested records be any later than fourteen (14)
					 business days from the receipt of the original request.
These time schedules represent projected maximum times. The
					 Division will fulfill all requests as promptly as possible.
A CON application filed with the Department shall be
					 available for inspection and copying only after said application has been
					 deemed complete by Division staff.
Requests for specific statistical data will be processed in
					 an expeditious manner, but no time guarantees can be made due to the
					 availability of database programmers and staff's work
					 priorities.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 1 - POLICIES, PROCEDURES AND DEFINITIONS › Rule 15-9-91-1.12 - Index of Records

Current through June 25, 2024
The index of CON files is maintained in the Health Planning
					 and Resource Development Division of the Department.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 1 - POLICIES, PROCEDURES AND DEFINITIONS › Rule 15-9-91-1.13 - Fees

Current through June 25, 2024
Standard fees per copy are established for Public Records
					 Requests. These fees have been calculated to cover the cost of paper, printing,
					 binding and handling charges for each document. The price list for published
					 reports and statistical data requests is available from the Division of Health
					 Planning and Resource Development.
For information contained in the files of the Division, a
					 fee of $0.20 per page for black and white copies, $0.50 per page for color
					 copies and $0.50 per page for scanned copies. A minimum fee of $35.00 is
					 charged for the administrative processing of all Public Records Request.
Advance payment is required for any information received
					 from the Division of Health Planning and Resource
					 Development.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 1 - POLICIES, PROCEDURES AND DEFINITIONS › Rule 15-9-91-1.14 - Definition of Terms

Current through June 25, 2024
a.
Affected
				  Person
means:
1. the
				  applicant;
2. a person residing
				  within the geographic area served or to be served by the applicant's
				  proposal;
3. a person who regularly
				  uses health care facilities or Health Maintenance Organizations (HMO) located
				  in the geographic area of the proposal which provide similar service to that
				  which is proposed;
4. health care
				  facilities and HMOs which, before receipt of the application under review,
				  formally indicated an intention to provide services similar to that of the
				  proposal being considered at a future date;
5. third party payors who reimburse health
				  care facilities located in the geographical area of the proposal; or
6. any agency that establishes rates for
				  health care services or HMOs located in the geographic area of the
				  proposal.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 2 - SCOPE OF COVERAGE OF THE CON REVIEW PROGRAM › Rule 15-9-91-2.1

Current through June 25, 2024
The State CON program applies to the obligation of capital
					 expenditures, the establishment of new health care facilities, the offering of
					 defined new institutional health services, clinical health services, and the
					 acquisition of major medical equipment.
Within these parameters, no person shall engage in any of
					 the following activities without obtaining a CON from the Department:
2.1.1 Any capital expenditure that exceeds
				  the expenditure threshold. This capital expenditure includes the cost of any
				  studies, surveys, designs, plans, working drawings, specification and other
				  activities (including staff efforts and other services) associated with the
				  capital expenditure and includes an acquisition for less than fair market value
				  if the acquisition at fair market value would exceed the expenditure threshold.
A capital expenditure shall include the acquisition,
					 whether by lease, sufferance, gift, devise, legacy, settlement of a trust or
					 other means, of any facility or part thereof, or equipment for a facility, the
					 expenditure for which would have been considered a capital expenditure if
					 acquired by purchase. Transactions which are separated in time but are planned
					 to be undertaken within 12 months of each other and are components of an
					 overall plan for meeting patient care objectives shall, for purposes of this
					 definition, be viewed in their entirety without regard to their timing.
In those instances where a health care facility or other
					 provider of health services proposes to provide a service in which the capital
					 expenditure for major medical equipment or other than major medical equipment
					 or a combination of the two may have been split between separate parties, the
					 total capital expenditure required to provide the proposed service shall be
					 considered in determining the necessity of CON review and in determining the
					 appropriate CON review fee to be paid. The capital expenditure associated with
					 facilities and equipment to provide services in Mississippi shall be considered
					 regardless of where the capital expenditure was made, in state or out of state,
					 and regardless of the domicile of the party making the capital expenditure, in
					 state or out of state.
NOTE: A capital expenditure is considered to be incurred:
(a) when a contract enforceable under
				  state law is entered into for the construction, acquisition, lease or financing
				  of the capital asset or
(b) when the
				  governing board of a health care facility takes formal action to commit its own
				  funds for a construction project under-taken by personnel of the health care
				  facility (force account expenditure) or
(c) in the case of donated property, on the
				  date on which the gift is complete under applicable state 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 2 - SCOPE OF COVERAGE OF THE CON REVIEW PROGRAM › Rule 15-9-91-2.2 - Moratoria

Current through June 25, 2024
Presently, the Department is prohibited from granting
					 approval for or issuing Certificates of Need to any person proposing the new
					 construction of, addition to, or expansion of any health care facility defined
					 in subparagraphs (iv) (skilled nursing facility), (vi) (intermediate care
					 facility), and (viii) (intermediate care facility for the mentally retarded) of
					 Section 41-7-173(h) or
					 the conversion of vacant hospital beds to provide skilled or intermediate
					 nursing home care, except as specifically authorized by statute.
The Department, likewise, is prohibited from granting
					 approval for or issuing a CON to any person proposing the establishment or
					 expansion of the currently approved territory of, or the contracting to
					 establish a home office, subunit, or branch office within the space operated as
					 a health care facility as defined in Section
					 41-7-173(h) (i) through
					 (viii) by a health care facility as defined
					 in subparagraph (ix) (home health agency) of Section
					 41-7-173(h).
The Department, however, is authorized to issue a license
					 to an existing home health agency (HHA) for the transfer of a county from that
					 agency to another existing HHA, and to charge a fee for reviewing and making a
					 determination on the application for such transfer not to exceed one-half of
					 the authorized fee assessed for the original application for the HHA (see
					 116.03).
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 2 - SCOPE OF COVERAGE OF THE CON REVIEW PROGRAM › Rule 15-9-91-2.3 - Exemptions

Current through June 25, 2024
2.3.1 Health care facilities owned and/or
				  operated by the State or its agencies are exempt from the restraints in this
				  section against issuance of a CON if such addition or expansion consists of
				  repair or renovation necessary to comply with the state licensure law. This
				  exception shall not apply to the new construction of any building by such state
				  facility. This exception shall not apply to any health care facilities owned or
				  operated by counties, municipalities, districts, unincorporated areas, other
				  defined persons, or any combination thereof.
2.3.2 The new construction, renovation or
				  expansion of or addition to any health care facility defined in subparagraph
				  (ii) (psychiatric hospital), subparagraph (iv) (skilled nursing facility),
				  subparagraph (vi) (intermediate care facility), subparagraph (viii)
				  (intermediate care facility for the mentally retarded), and subparagraph (x)
				  (psychiatric residential treatment facility) of Section
				  41-7-173(h) which
				  is owned by the State of Mississippi and under the direction and control of the
				  State Department of Mental Health and the addition of new beds as the
				  conversion of beds from one category to another in any such defined health care
				  facility which is owned by the State of Mississippi and under the direction and
				  control of the State Department of Mental Health shall not require the issuance
				  of a CON under Section
				  41-7-171 et seq., notwithstanding
				  any provision in Section
				  41-7-171 et seq. to the
				  contrary.
2.3.3 The replacement or
				  relocation of a health care facility designated as a critical access hospital
				  shall be exempt from Section
				  41-7-191(1) so
				  long as the critical access hospital complies with all applicable federal law
				  and regulations regarding such replacement or relocation.
2.3.4 The new construction, renovation or
				  expansion of or addition to any veterans home or domiciliary for eligible
				  veterans of the State of Mississippi as authorized under Section
				  35-1-19 shall not require the
				  issuance of a certificate of need, notwithstanding any provision in Section
				  41-7-171 et seq. to the
				  contrary.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 2 - SCOPE OF COVERAGE OF THE CON REVIEW PROGRAM › Rule 15-9-91-2.4 - Swing-Bed Concept

Current through June 25, 2024
The Department may issue a CON to any hospital to utilize a
					 portion of its beds for the "swing-bed" concept. An eligible hospital must be
					 in conformance with the federal regulations regarding such swing-bed concept at
					 the time it submits its application for a CON to the Department, except that
					 such 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.
A hospital meeting all federal requirements for
					 participation in the swing-bed program that receives a CON 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 be in need of such services, and no such hospital shall permit any
					 patient who is eligible for both Medicaid and Medicare or eligible only for
					 Medicaid to stay in the swing beds of the hospital for more than thirty (30)
					 calendar days per admission unless the hospital receives prior approval for
					 such patient from the Division of Medicaid, Office of the Governor.
Any hospital having 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 which receives such CON shall develop a
					 procedure to insure that before a patient is allowed to stay in the swing beds
					 of the hospital no vacant nursing home bed for that patient is located within a
					 50-mile radius of the hospital.
When a hospital has a patient staying in the swing-beds of
					 the hospital and the hospital receives notice from a nursing home located
					 within a 50-mile radius that a vacant bed is available for that patient, the
					 hospital shall transfer the patient to the nursing home within a reasonable
					 time after receipt of the notice.
Any hospital which is subject to the requirements of the
					 two preceding paragraphs may be suspended from participation in the swing-bed
					 program for a reasonable period of time by the Department if the Department,
					 after a hearing complying with due process, determines that the hospital has
					 failed to comply with any of those requirements.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 2 - SCOPE OF COVERAGE OF THE CON REVIEW PROGRAM › Rule 15-9-91-2.5 - Dissemination of Scope of Coverage

Current through June 25, 2024
The Department shall disseminate a description of the Scope
					 of Coverage section before reviewing any project not previously within the
					 scope of the State's program coverage. The scope of coverage shall be
					 disseminated to all health care facilities and health maintenance organizations
					 within the State and published in The Clarion-Ledger (Jackson, Mississippi) and
					 other newspapers deemed appropriate. Whenever the scope of coverage is revised,
					 the Department shall disseminate and publish a revised description of
					 it.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 3 - CERTIFICATE OF NEED APPLICATION PROCEDURES › Rule 15-9-91-3.1 - Notice of Intent To Apply for a Certificate of Need

Current through June 25, 2024
A Notice of Intent outlines the general scope of a planned
					 project requiring a CON shall be submitted to the Department as early as
					 possible in the course of planning, but no later than fifteen (15) calendar
					 days before any person files a CON application. The Notice of Intent shall be
					 valid for a period of 180 calendar days (six months) from date of
					 receipt.
The review of an application of any applicant who fails to
					 submit the Notice of Intent to Apply for a Certificate of Need at least fifteen
					 (15) calendar days prior to the Application for a Certificate of Need shall be
					 deferred until this fifteen (15) calendar day notice requirement is met. Under
					 no circumstances shall an Application for a Certificate of Need be reviewed
					 unless a Notice of Intent to Apply for a Certificate of Need has been filed
					 first.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 3 - CERTIFICATE OF NEED APPLICATION PROCEDURES › Rule 15-9-91-3.2 - CON Application

Current through June 25, 2024
Upon request by a potential applicant, the State Department
					 of Health will provide the applicant with the appropriate CON kit, which
					 contains criteria and standards for the requested service and application
					 format to be used in preparation of the CON application. The applicant is
					 required to answer fully and completely all questions that apply to the
					 proposed project and to provide all enclosures required by the application
					 format. Only that information which is prescribed by the format will be
					 necessary. The Department may seek clarifying information to questions asked in
					 the application format that were not fully answered.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 3 - CERTIFICATE OF NEED APPLICATION PROCEDURES › Rule 15-9-91-3.3 - Copy Requirements

Current through June 25, 2024
An original and three copies of the completed application
					 shall be provided to the Mississippi Department of Health, Health Planning and
					 Resource Development Division, 570 E. Woodrow Wilson, Jackson, Mississippi
					 39215-1700.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 3 - CERTIFICATE OF NEED APPLICATION PROCEDURES › Rule 15-9-91-3.4 - Notice of Receipt of Application

Current through June 25, 2024
A notice of receipt of application shall be timely
					 published online on the Department's website.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 3 - CERTIFICATE OF NEED APPLICATION PROCEDURES › Rule 15-9-91-3.5 - Reviewing Applications for Completeness

Current through June 25, 2024
Within fifteen (15) calendar days of receipt, each CON
					 application shall be reviewed by the Department to determine that sufficient
					 information required to conduct a review is contained in the application and
					 that the CON processing fee, if applicable, has been paid. If these criteria
					 are met, an application shall be deemed complete.
Note: A shell application that has numerous deficiencies at
					 the time of original filing shall not be considered as an "incomplete
					 application" in Section
					 3.6 herein below. A shell application
					 is an application which, at the time of filling, lacks sufficient information
					 to begin processing.
The Department will no longer accept shell
					 applications.
Within fifteen (15) calendar days of receipt, a shell
					 application will be returned to the submitter, along with the fee. The
					 applicant may resubmit a completed application at any time.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 3 - CERTIFICATE OF NEED APPLICATION PROCEDURES › Rule 15-9-91-3.6 - Incomplete Applications

Current through June 25, 2024
If the Department determines that an application is
					 incomplete, the information required to render the application complete shall
					 be requested of the applicant in writing within fifteen (15) calendar days of
					 the application's filing. The request shall specify what additional information
					 is required. Failure to provide the requested information within fifteen (15)
					 calendar days will result in administrative withdrawal of the application
					 unless the applicant has requested the Department's review be deferred. Notice
					 of such administrative withdrawal shall be furnished to the applicant and the
					 administrative withdrawal or requested deferral shall be published on the
					 Department's website. When an application is administratively withdrawn, the
					 applicant is barred from proceeding with the project until a new application is
					 submitted, deemed complete, reviewed, and a CON is issued by the
					 Department.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 3 - CERTIFICATE OF NEED APPLICATION PROCEDURES › Rule 15-9-91-3.7 - Complete Applications

Current through June 25, 2024
An application submitted by the proponent(s) of any
					 proposal shall be logged in and shown as received on the business day of its
					 receipt unless the Department is barred by law, rule, or regulation from
					 accepting such application.
The Department shall determine if the application is
					 complete according to its rules and regulations within the prescribed period of
					 time as provided for in this Section of the
CON Review
					 Manual
.
If, after review has begun, additional clarifying
					 information is requested, the applicant shall have fifteen (15) calendar days
					 to submit the information, and, upon request of the applicant, the review
					 period shall be extended fifteen (15) calendar days.
Until it is deemed complete, an applicant may submit
					 additional material.
Members of the public, third-party payors, and all other
					 affected persons may submit material to the Department at any time during the
					 first fifteen (15) calendar days following the date the application is deemed
					 complete.
Entry of an application into review shall cause timely
					 notice to the public to be published on the Department's website that the
					 application has been accepted by the Department and entered into review, and
					 that the public is invited to comment on the application for a period of
					 fifteen (15) calendar days from the deemed complete date, and the deadline date
					 and time shall be clearly specified. Likewise, notice to the applicant shall be
					 issued by mail, notifying recipients that the application has been accepted by
					 the Department and entered into review.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 3 - CERTIFICATE OF NEED APPLICATION PROCEDURES › Rule 15-9-91-3.8 - Date of Issuance of Staff Analysis

Current through June 25, 2024
The Department will not delay review of an application. The
					 Department shall make its recommendation approving or disapproving an
					 application within forty-five (45) calendar days of the date the application
					 was filed or within fifteen (15) calendar days of receipt of any requested
					 information, whichever is later.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 3 - CERTIFICATE OF NEED APPLICATION PROCEDURES › Rule 15-9-91-3.9 - State Health Officer's Decision

Current through June 25, 2024
Unless a hearing is requested under Miss. Code Ann. §
										41-7-197, the State Health
					 Officer's final order approving or disapproving an application shall be issued
					 within ninety (90) calendar days of the date the application was
					 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 3 - CERTIFICATE OF NEED APPLICATION PROCEDURES › Rule 15-9-91-3.11 - Certificate of Need Processing Fee

Current through June 25, 2024
Per Miss. Code Ann. §
										41-7-188, as may be amended from
					 time to time, the amount of the processing fee to be assessed is determined by
					 the following formula:
CON Fee = 0.50 x 1% of proposed capital expenditure
The minimum fee shall not be less than Five Thousand
					 Dollars ($5,000) and the maximum fee shall not exceed Twenty-Five Thousand
					 Dollars ($25,000.00).
Should the capital expenditure in the CON application
					 differ from that in the notice of intent, the applicant must adjust the fee
					 payment to conform to the fee stated in the CON application, being certain to
					 capitalize only those increments of the total expenditure proposed which are
					 appropriate.
Fee payment shall accompany the CON application and is
					 payable to the Mississippi Department of Health by check, draft, or money
					 order.
When a CON application is received by the Department, the
					 capital expenditure will be determined, and the fee based on that amount. If
					 the applicant has submitted overpayment of the CON fee as determined by the
					 Department, the amount of the overpayment will be refunded. If partial payment
					 of the CON fee has been submitted, the balance due must be received within
					 fifteen (15) calendar days of receipt of partial payment due to the Department.
					 The assessed CON fee, once paid, shall be non-refundable.
No application shall be deemed complete for the purpose of
					 review until the required fee is received by the State Department of
					 Health.
No filing fee shall be required for:
1. Any application submitted by an agency,
				  department, institution, or facility which is operated, owned, and/or
				  controlled by the State of Mississippi and which receives operating and/or
				  capital expenditure funds solely by appropriations from the Legislature of the
				  State; or
2. Any application
				  submitted by a health care facility for repairs or renovation determined by the
				  Health Facilities Licensure and Certification Division of the Department, in
				  writing, to be necessary to avoid revocation of license and/or loss of
				  certification for participation in the Medicaid and/or Medicare Programs. Any
				  proposed expenditure in excess of the amount determined by the Department to be
				  necessary to accomplish the stated purpose shall be subject to fee requirements
				  previously detailed.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 3 - CERTIFICATE OF NEED APPLICATION PROCEDURES › Rule 15-9-91-3.12 - Notification to Affected Persons of CON Application Status

Current through June 25, 2024
Notification to affected persons will be made on the day an
					 application is deemed complete. The notice to affected persons shall:
1. Give the date of entry into
				  review;
2. Give the name and
				  address of the applicant and the general description of the proposal;
3. Give the proposed schedule for
				  review;
4. Give the period during
				  which written comments on the project, either for or against, will be accepted
				  by the Department (the dates when the public comment period begins and
				  ends);
5. Notify the affected party
				  of the approximate date of publication of the staff analysis;
6. Give the method by which a copy of the
				  staff analysis may be obtained; and
7. Notify the affected person that a hearing
				  may not be requested until the staff analysis is published, and that any
				  affected person may, within ten (10) calendar days of the date of publication
				  of the staff analysis, request a hearing in accordance with the Department's
				  rules and regulations, and the manner in which notification of any scheduled
				  hearing will be made.
Notification to members of the public and third-party
					 payors shall be provided by posting notices on the Department's website.
					 Notification to the applicant shall be by mail. The date of notification is the
					 date on which notice is mailed and posted on the Department's
					 website.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 3 - CERTIFICATE OF NEED APPLICATION PROCEDURES › Rule 15-9-91-3.13 - Staff Analysis

Current through June 25, 2024
Each application for a CON shall be assigned to a staff
					 member of the Health Planning and Resource Development Division for analysis
					 and review. The applications will be reviewed in compliance with the State
					 Health Plan and the criteria contained in Chapter 8 of this manual. A written
					 summary of the staff analysis and recommendation with respect to approval or
					 disapproval shall be prepared. The staff analysis shall be made available
					 online on the Department's website and shall be sent by United States Mail,
					 postage pre-paid, to the applicant and to those who have filed a written
					 request for the specific staff analysis in response to the notice to affected
					 persons. If the staff is recommending disapproval, the applicant shall be
					 allowed five (5) calendar days in which to provide additional material on its
					 own application only for further analysis that may resolve the basis of the
					 staff's recommendation of disapproval. Applicants will be notified of the
					 deadline for the receipt for additional material. Any additional material
					 presented by an applicant, not requested by the Department, and any additional
					 material submitted by the applicant subsequent to the fifth
					 (5th) calendar day following the publication of a
					 staff analysis recommending disapproval of the application shall not be
					 considered at any time during the course of review.
NOTE: A one-time submission of new information in response
					 to a negative staff analysis shall be submitted by the applicant only. No
					 additional submissions will be accepted from the public.
Additional information shall be submitted directly to the
					 Division of Health Planning and Resource Development.
The staff analysis and recommendation on any application on
					 which a hearing during the course of review has been granted shall be prepared
					 from information contained in the application at the time the hearing is
					 requested, except for reports previously requested from other affected state
					 agencies and information requested by Department staff. The staff analysis and
					 recommendation shall be available online on the forty-fifth (45th) day
					 following the receipt of a complete application.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 3 - CERTIFICATE OF NEED APPLICATION PROCEDURES › Rule 15-9-91-3.14 - Determinations of Reviewability

Current through June 25, 2024
An applicant proposing a project which may be governed by
					 the provisions of Section
					 41-7-171 et seq., Mississippi Code
					 Annotated, as amended, may submit a determination of reviewability request to
					 obtain a written declaratory opinion regarding the reviewability of the
					 proposed project. If such opinion is sought, the requestor and Department shall
					 abide by the provisions of Miss. Code Ann. §
										25-43-2.103 as they were effective
					 on July, 2016, except that the Department's response shall be provided within
					 forty-five (45) calendar days of the request.
Applicants proposing certification as a Single Specialty
					 Ambulatory Surgery Center, or a Distinct Part SNF, Geropsychiatric DPU must
					 contact the Department for a written opinion regarding the Reviewability of the
					 service.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 3 - CERTIFICATE OF NEED APPLICATION PROCEDURES › Rule 15-9-91-3.15 - Notification of Filing of Determination of Reviewability

Current through June 25, 2024
When a determination request is received, notification to
					 affected persons will be made within five (5) business days of receipt of the
					 request by publishing the notice on the Department's website.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 3 - CERTIFICATE OF NEED APPLICATION PROCEDURES › Rule 15-9-91-3.16 - Determination of Reviewability Processing Fee

Current through June 25, 2024
Per Miss. Code Ann. §
										41-7-205a fee payment of Two
					 Thousand and Five Hundred Dollars ($2,500) shall accompany the application for
					 Determination of Reviewability and is payable to the Mississippi 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 3 - CERTIFICATE OF NEED APPLICATION PROCEDURES › Rule 15-9-91-3.17 - Changes of Ownership

Current through June 25, 2024
Prospective applicants proposing a change of ownership of
					 existing health care facilities, and/or the change of ownership of a health
					 service, major medical equipment, or an institutional health service must file
					 a completed Notice of Intent to Change Ownership.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 9 - Office of Health Policy and Planning › Subpart 91 - Planning and Resource Development › Chapter 3 - CERTIFICATE OF NEED APPLICATION PROCEDURES › Rule 15-9-91-3.18 - Change of Ownership Processing Fee

Current through June 25, 2024
A fee payment of Two Thousand and Five Hundred Dollars
					 ($2,500) shall accompany the application for any Notice of Intent Change of
					 Ownership 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 3 - CERTIFICATE OF NEED APPLICATION PROCEDURES › Rule 15-9-91-3.19 - Transfer of County of Home Health Agency (HHA)

Current through June 25, 2024
The Department, is authorized to issue a license to an
					 existing home health agency (HHA) for the transfer of a county from that agency
					 to another existing HHA, and to charge a fee for reviewing and making a
					 determination on the application for such transfer not to exceed one-half of
					 the authorized fee assessed for the original application for the HHA.
The amount of the fee to be assessed on transfer of a
					 county from one agency to another shall be calculated as follows:
0.25 of 1% of the capital expenditure stated in the notice
					 of transfer. The fee shall not be greater than Twelve Thousand Five Hundred
					 Dollars ($12,500.00) and not less than Two Thousand and Five Hundred Dollars
					 ($2,500).
The Transfer of Home Health Agency (HHA) County form must
					 be filed with the Department thirty (30) calendar days prior to the transition.
					 During the 30-day period it will be presented to the State Health Officer for a
					 final decision.
If the Department denies the request to transfer county of
					 a home health agency, then the Department will notify the applicant and follow
					 the same procedures as denial of a six-month extension
					 request.
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 15-9-91-4.2 - Fee for Public Hearing

Current through June 25, 2024
The fee assessed to cover the cost of conducting a public
					 hearing during the course of review shall be an amount equal to $3,000 per day
					 for each day of the hearing and shall be secured by a deposit of, $6,000
					 payable by the requestor, or shared equally by all requestors, at the time the
					 request for hearing is received by the Department of Health. A request for
					 hearing and payment of the fee and deposit must both be received within ten
					 (10) calendar days of notice. The $6,000 fee will cover the cost of a hearing
					 for a two-day period ONLY. Whenever a hearing exceeds the two-day period
					 allotted, an additional fee of $3,000 per day for each day beyond the first two
					 days shall be assessed to the requestor, or shared equally by all requestors,
					 of said hearing. If the fees collected for a hearing exceed the actual costs,
					 the remaining funds shall be refunded to the requestor(s) once all invoices
					 have been paid. In the case of multiple requestors, the remaining funds will be
					 divided equally between the parties. If the fees collected for a hearing are
					 insufficient to cover the actual reasonable costs of the hearing, the
					 requestor(s) shall be responsible for remitting additional fees to cover the
					 costs.
Should the request for hearing be withdrawn, a portion of
					 the assessed fee shall be refunded. A minimum of $1,000 will be retained by the
					 Department. Any extraordinary expenses incurred, such as extra publication
					 expenses, expenses of hiring a court reporter, extraordinary administrative
					 time, etc., shall be deducted at a reasonable rate, and the remaining portion
					 thereof shall be refunded to the person(s) requesting the hearing during the
					 course of review.
Refund of fees will be made in accordance to the following
					 regulations:
1. Portions of the $6,000
				  fee required to request a hearing during the course of a review will be
				  refunded under the following circumstances:
a.
				  When an application for a Certificate of Need is withdrawn by the applicant and
				  a hearing during the course of review is pending but has not commenced at the
				  time of the withdrawal of the application.
b. When the person or entity requesting the
				  hearing during the course of review withdraws said request.
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 15-9-91-4.3 - Consolidation of Hearings

Current through June 25, 2024
When applications involving a common question of law or
					 fact or multiple proceedings involving the same or related parties are pending
					 before a hearing officer, on the motion of any party, the Department, or the
					 hearing officer's own motion, the hearing officer may order a joint hearing on
					 any or all of the matters and issues in the cases. Additionally, the hearing
					 officer may order any or all of the cases consolidated, and may make such other
					 orders concerning proceedings therein as may tend to avoid unnecessary cost or
					 delay.
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 15-9-91-4.4 - Motions (Hearing in Course of Review)

Current through June 25, 2024
Motions may be heard at any time subsequent to the receipt
					 of a valid request for hearing by the Department, at a time and date to be
					 selected at the discretion of the hearing officer. Motions which may be heard
					 by the hearing officer shall normally include, but are not necessarily limited
					 to:
1. Motion to strike or dismiss an
				  application or request for hearing for failure of the application, applicant or
				  requestor to follow the published rules and regulations of the
				  Department;
2. Motion to set a
				  hearing date;
3. Motion for
				  issuance of subpoena(s);
4. Motion
				  to compel discovery;
5. Motion to
				  designate record;
6. Motion to
				  quash or motion in limine;
7.
				  Motion to impose sanctions.
To the extent practicable, except for motions to quash
					 subpoenas, motions in limine, motions for protective order and other
					 evidentiary motions, all pretrial motions shall be noticed for and shall be
					 heard upon a date no less than ten (10) calendar days prior to the hearing
					 during the course of review. Motions to quash subpoenas, motions in limine,
					 motions for protective order and other evidentiary motions shall be noticed for
					 and shall be heard upon a date no less than twenty (20) calendar days prior to
					 the hearing during the course of review. Motions and the notices thereon shall
					 be served in accordance with the rules of the Department governing
					 service.
Except for good cause shown, no motion shall be served on
					 opposing parties less than three (3) business days prior to the date of the
					 scheduled motion hearing.
Opposing parties may, before the time specified herein for
					 the hearing of the motion, serve upon the Hearing Officer and all other parties
					 a written response to the motion.
At least ten (10) business days prior to the hearing during
					 the course of review, the Hearing Officer shall conduct a hearing on any
					 motion(s) filed herein. Although clearly interlocutory in nature for purposes
					 of perfecting an appeal to Chancery Court, the Hearing Officer's ruling on the
					 motion is final as to all matters regarding the conduct of the hearing. Any
					 decision as to the disposition of a motion, whether made orally or in writing,
					 will be entered into the record by the Hearing Officer.
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 15-9-91-4.5 - Ex Parte Contacts

Current through June 25, 2024
4.5.1 After the
				  publication of a particular staff analysis, and before a written decision is
				  made by the State Health Officer, there shall be no ex parte contacts between
				  (a) any person acting on behalf of the applicant or holder of the CON or any
				  person opposed to the issuance or in favor of the withdrawal of the CON and (b)
				  the State Health Officer; the Chief of Staff; the Director of the Office of
				  Health Policy and Planning; the hearing officer; or the staff of Health
				  Planning and Resource Development. The prohibition against ex parte contacts
				  shall not be construed to prohibit contact by and between staff members, a
				  hearing officer, the Director of the Office of Health Policy and Planning, the
				  Chief of Staff, the State Health Officer, and the staff of the Mississippi
				  Attorney General's Office
4.5.2
				  Violation of Miss. Code Ann. §§
										41-7-171 through
				  41-7-209, 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.
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 15-9-91-4.6 - Notification of the Status of Review

Current through June 25, 2024
The State Department of Health, upon request of persons
					 subject to review, shall provide timely notification of the status of review,
					 the Department's findings, and other appropriate information respecting the
					 review.
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 15-9-91-4.7 - Limited Exchange of Information (Discovery)

Current through June 25, 2024
In an effort to expedite the hearing process, parties to a
					 hearing during the course of review shall exchange in writing the following
					 information on or before the fortieth (40th) calendar day prior to the first
					 date of the hearing:
1. A list of
				  proposed issues that the parties reasonably believe shall be the subject of the
				  hearing;
2. A list of witnesses
				  that shall include a full name, address and telephone number of every witness
				  the parties reasonably anticipate calling at the hearing, together with whether
				  the witness is a fact or expert witness, and a brief summary of the matters
				  upon which the witness is expected to testify;
3. A true and correct copy of every document
				  anticipated to be introduced at the hearing (except those documents introduced
				  solely for rebuttal);
4. Copies of
				  the underlying documentation which support the admissibility of charts, graphs,
				  compilations, professional and expert reports (except where privileged) shall
				  be produced for inspection if reasonable and exchanged if reasonably
				  necessary;
5. A true and correct
				  copy of every subpoena which the parties have or will request be issued to
				  non-parties; (documents received by a party from non-parties in response to
				  subpoenas must be furnished to all other parties no later than twenty (20)
				  calendar days prior to the hearing).
6. All documents should be pre-marked for
				  admission into evidence.
The parties are under a continuing duty to supplement this
					 limited exchange of information and documents. All information and documents
					 called for in this section should be finally supplemented by the parties no
					 later than the twentieth (20th) calendar day prior to the first day of the
					 hearing during the course of review.