§ 41-7-171. Short title
Sections 41-7-171 through 41-7-209 shall be known and may be cited as the “Mississippi Health Care Certificate of Need Law of 1979.”
§ 41-7-173. Definitions
For the purposes of Section 41-7-171 et seq., the following words shall have the meanings ascribed herein, unless the context otherwise requires: “Affected person” means (i) the applicant; (ii) a person residing within the geographic area to be served by the applicant’s proposal; (iii) a person who regularly uses health care facilities or HMOs located […]
§ 41-7-175. Abolition of Health Care Commission; administration of state health planning and development agency responsibilities by State Department of Health
The State Department of Health shall be the sole and official agency of the State of Mississippi to administer and supervise, as prescribed by the Legislature, all responsibilities of the state health planning and development agency.
§ 41-7-183. Functions and responsibilities
The State Department of Health shall have the duty of administering all functions and responsibilities of the designated state health planning and development agency as prescribed by the Legislature, and shall serve as the designated planning agency of the state for purposes of Section 1122 of Public Law 92-603 for the period of time that […]
§ 41-7-185. Powers
In carrying out its functions under Section 41-7-171, et seq., the State Department of Health is hereby empowered to: Make applications for and accept funds from the secretary and other federal and state agencies and to receive and administer such other funds for the planning or provision of health facilities or health care as are […]
§ 41-7-187. Certificate of need program
The State Department of Health is hereby authorized to develop and implement a statewide health certificate of need program. The State Department of Health is authorized and empowered to adopt by rule and regulation: Criteria, standards and plans to be used in evaluating applications for certificates of need; Effective standards to determine when a person, […]
§ 41-7-188. Certificate of need program; assessment of fees for reviewing applications; revenue from fees to be deposited in special funds for certain uses by State Department of Health
The State Department of Health is hereby authorized and empowered to assess fees for reviewing applications for certificates of need. The State Department of Health shall promulgate such rules and regulations as are necessary to effectuate the intent of this section in keeping with the standards hereinbelow: The fees assessed shall be uniform to all […]
§ 41-7-189. Certificate of need program; publication of program description
Prior to review of new institutional health services or other proposals requiring a certificate of need, the State Department of Health shall disseminate to all health-care facilities and health maintenance organizations within the state, and shall publish in one or more newspapers of general circulation in the state, a description of the scope of coverage […]
§ 41-7-190. Certificate of need program; limitations on ownership of beds
No corporation, foreign or domestic, partnership, individual(s) or association of such entities or of persons whatsoever, or any combination thereof, shall own, possess or exercise control over, in any manner, more than twenty percent (20%) of the beds in health-care facilities defined in Section 41-7-173(h)(iv) and (vi) in the defined health service area of the […]
§ 41-7-191. Certificate of need; activities for which certificate is required
No person shall engage in any of the following activities without obtaining the required certificate of need: The construction, development or other establishment of a new health care facility, which establishment shall include the reopening of a health care facility that has ceased to operate for a period of sixty (60) months or more; The […]
§ 41-7-193. Certificate of need; new institutional health services and other projects
No person may enter into any financing arrangement or commitment for financing a new institutional health service or any other project requiring a certificate of need unless such certificate has been granted for such purpose. A certificate of need shall not be granted or issued to any person for any proposal, cause or reason, unless […]
§ 41-7-195. Certificate of need; validity; transferability; duration; revocation
A certificate of need shall be valid only for the defined scope, physical location and person named in the application. A certificate of need shall not be transferable or assignable nor shall a project or capital expenditure project be transferred from one person to another, except with the approval of the State Department of Health. […]
§ 41-7-197. Certificate of need; hearing before hearing officer; review
The State Department of Health shall adopt and utilize procedures for conducting certificate of need reviews. Such procedures shall include, inter alia, the following: (a) written notification to the applicant; (b) written notification to health care facilities in the same health service area as the proposed service; (c) written notification to other persons who prior […]
§ 41-7-201. Appeal of final order pertaining to certificate of need for home health agency or health care facility
The provisions of this subsection (1) shall apply to any party appealing any final order of the State Department of Health pertaining to a certificate of need for a home health agency, as defined in Section 41-7-173(h)(ix): In addition to other remedies now available at law or in equity, any party aggrieved by any such […]
§ 41-7-202. Stay of commission proceedings pending appeal
There shall be a “stay of proceedings” of any written decision of the State Department of Health pertaining to a certificate of need for a home health agency, as defined in Section 41-7-173(h)(ix), for a period of thirty (30) days from the date of that decision. The stay of proceedings shall expire at the termination […]
§ 41-7-205. Determination of reviewability of proposed project
An applicant proposing a project which may be governed by the provisions of Section 41-7-171 et seq. 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 Section 25-43-2.103 as […]
§ 41-7-207. Emergency replacement of facilities; expedited review
Notwithstanding any other provisions of Sections 41-7-171 through 41-7-209, except when the owner of a damaged health care facility applies to repair or rebuild the facility in accordance with the provisions of Section 41-7-191(13), when the need for any emergency replacement occurs, the certificate of need review process shall be expedited by promulgation of administrative […]
§ 41-7-209. Violations
Any person or entity violating the provisions of Sections 41-7-171 through 41-7-209, or regulations promulgated thereunder, by not obtaining a certificate of need, by deviating from the provisions of a certificate of need, or by refusing or failing to cooperate with the State Department of Health in its exercise or execution of its functions, responsibilities […]