Medicaid; delete prohibition on participation in for psychiatric residential treatment facility in Desoto County.

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To: Medicaid
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Kinkade, Remak

HOUSE BILL NO. 1325

AN ACT TO AMEND SECTION 41-7-191, MISSISSIPPI CODE OF 1972, 1
TO DELETE THE PROHIBITION ON PARTICIPATING IN MEDICAID FOR A 2
PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY IN DESOTO COUNTY THAT 3
WAS ESTABLISHED BY A HOSPITAL IN THE COUNTY UNDER THE AUTHORITY OF 4
A CERTIFICATE OF NEED; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 41-7-191, Mississippi Code of 1972, is 7
amended as follows: 8
41-7-191. (1) No person shall engage in any of the 9
following activities without obtaining the required certificate of 10
need: 11
(a) The construction, development or other 12
establishment of a new health care facility, which establishment 13
shall include the reopening of a health care facility that has 14
ceased to operate for a period of sixty (60) months or more; 15
(b) The relocation of a health care facility or portion 16
thereof, or major medical equipment, unless such relocation of a 17
health care facility or portion thereof, or major medical 18
equipment, which does not involve a capital expenditure by or on 19
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behalf of a health care facility, is within five thousand two 20
hundred eighty (5,280) feet from the main entrance of the health 21
care facility; 22
(c) Any change in the existing bed complement of any 23
health care facility through the addition or conversion of any 24
beds or the alteration, modernizing or refurbishing of any unit or 25
department in which the beds may be located; however, if a health 26
care facility has voluntarily delicensed some of its existing bed 27
complement, it may later relicense some or all of its delicensed 28
beds without the necessity of having to acquire a certificate of 29
need. The State Department of Health shall maintain a record of 30
the delicensing health care facility and its voluntarily 31
delicensed beds and continue counting those beds as part of the 32
state's total bed count for health care planning purposes. If a 33
health care facility that has voluntarily delicensed some of its 34
beds later desires to relicense some or all of its voluntarily 35
delicensed beds, it shall notify the State Department of Health of 36
its intent to increase the number of its licensed beds. The State 37
Department of Health shall survey the health care facility within 38
thirty (30) days of that notice and, if appropriate, issue the 39
health care facility a new license reflecting the new contingent 40
of beds. However, in no event may a health care facility that has 41
voluntarily delicensed some of its beds be reissued a license to 42
operate beds in excess of its bed count before the voluntary 43
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delicensure of some of its beds without seeking certificate of 44
need approval; 45
(d) Offering of the following health services if those 46
services have not been provided on a regular basis by the proposed 47
provider of such services within the period of twelve (12) months 48
prior to the time such services would be offered: 49
(i) Open-heart surgery services; 50
(ii) Cardiac catheterization services; 51
(iii) Comprehensive inpatient rehabilitation 52
services; 53
(iv) Licensed psychiatric services; 54
(v) Licensed chemical dependency services; 55
(vi) Radiation therapy services; 56
(vii) Diagnostic imaging services of an invasive 57
nature, i.e. invasive digital angiography; 58
(viii) Nursing home care as defined in 59
subparagraphs (iv), (vi) and (viii) of Section 41-7-173(h); 60
(ix) Home health services; 61
(x) Swing-bed services; 62
(xi) Ambulatory surgical services; 63
(xii) Magnetic resonance imaging services; 64
(xiii) [Deleted] 65
(xiv) Long-term care hospital services; 66
(xv) Positron emission tomography (PET) services; 67
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(e) The relocation of one or more health services from 68
one physical facility or site to another physical facility or 69
site, unless such relocation, which does not involve a capital 70
expenditure by or on behalf of a health care facility, (i) is to a 71
physical facility or site within five thousand two hundred eighty 72
(5,280) feet from the main entrance of the health care facility 73
where the health care service is located, or (ii) is the result of 74
an order of a court of appropriate jurisdiction or a result of 75
pending litigation in such court, or by order of the State 76
Department of Health, or by order of any other agency or legal 77
entity of the state, the federal government, or any political 78
subdivision of either, whose order is also approved by the State 79
Department of Health; 80
(f) The acquisition or otherwise control of any major 81
medical equipment for the provision of medical services; however, 82
(i) the acquisition of any major medical equipment used only for 83
research purposes, and (ii) the acquisition of major medical 84
equipment to replace medical equipment for which a facility is 85
already providing medical services and for which the State 86
Department of Health has been notified before the date of such 87
acquisition shall be exempt from this paragraph; an acquisition 88
for less than fair market value must be reviewed, if the 89
acquisition at fair market value would be subject to review; 90
(g) Changes of ownership of existing health care 91
facilities in which a notice of intent is not filed with the State 92
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Department of Health at least thirty (30) days prior to the date 93
such change of ownership occurs, or a change in services or bed 94
capacity as prescribed in paragraph (c) or (d) of this subsection 95
as a result of the change of ownership; an acquisition for less 96
than fair market value must be reviewed, if the acquisition at 97
fair market value would be subject to review; 98
(h) The change of ownership of any health care facility 99
defined in subparagraphs (iv), (vi) and (viii) of Section 100
41-7-173(h), in which a notice of intent as described in paragraph 101
(g) has not been filed and if the Executive Director, Division of 102
Medicaid, Office of the Governor, has not certified in writing 103
that there will be no increase in allowable costs to Medicaid from 104
revaluation of the assets or from increased interest and 105
depreciation as a result of the proposed change of ownership; 106
(i) Any activity described in paragraphs (a) through 107
(h) if undertaken by any person if that same activity would 108
require certificate of need approval if undertaken by a health 109
care facility; 110
(j) Any capital expenditure or deferred capital 111
expenditure by or on behalf of a health care facility not covered 112
by paragraphs (a) through (h); 113
(k) The contracting of a health care facility as 114
defined in subparagraphs (i) through (viii) of Section 41-7-173(h) 115
to establish a home office, subunit, or branch office in the space 116
operated as a health care facility through a formal arrangement 117
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with an existing health care facility as defined in subparagraph 118
(ix) of Section 41-7-173(h); 119
(l) The replacement or relocation of a health care 120
facility designated as a critical access hospital shall be exempt 121
from subsection (1) of this section so long as the critical access 122
hospital complies with all applicable federal law and regulations 123
regarding such replacement or relocation; 124
(m) Reopening a health care facility that has ceased to 125
operate for a period of sixty (60) months or more, which reopening 126
requires a certificate of need for the establishment of a new 127
health care facility. 128
(2) The State Department of Health shall not grant approval 129
for or issue a certificate of need to any person proposing the new 130
construction of, addition to, or expansion of any health care 131
facility defined in subparagraphs (iv) (skilled nursing facility) 132
and (vi) (intermediate care facility) of Section 41-7-173(h) or 133
the conversion of vacant hospital beds to provide skilled or 134
intermediate nursing home care, except as hereinafter authorized: 135
(a) The department may issue a certificate of need to 136
any person proposing the new construction of any health care 137
facility defined in subparagraphs (iv) and (vi) of Section 138
41-7-173(h) as part of a life care retirement facility, in any 139
county bordering on the Gulf of Mexico in which is located a 140
National Aeronautics and Space Administration facility, not to 141
exceed forty (40) beds. From and after July 1, 1999, there shall 142
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be no prohibition or restrictions on participation in the Medicaid 143
program (Section 43-13-101 et seq.) for the beds in the health 144
care facility that were authorized under this paragraph (a). 145
(b) The department may issue certificates of need in 146
Harrison County to provide skilled nursing home care for 147
Alzheimer's disease patients and other patients, not to exceed one 148
hundred fifty (150) beds. From and after July 1, 1999, there 149
shall be no prohibition or restrictions on participation in the 150
Medicaid program (Section 43-13-101 et seq.) for the beds in the 151
nursing facilities that were authorized under this paragraph (b). 152
(c) The department may issue a certificate of need for 153
the addition to or expansion of any skilled nursing facility that 154
is part of an existing continuing care retirement community 155
located in Madison County, provided that the recipient of the 156
certificate of need agrees in writing that the skilled nursing 157
facility will not at any time participate in the Medicaid program 158
(Section 43-13-101 et seq.) or admit or keep any patients in the 159
skilled nursing facility who are participating in the Medicaid 160
program. This written agreement by the recipient of the 161
certificate of need shall be fully binding on any subsequent owner 162
of the skilled nursing facility, if the ownership of the facility 163
is transferred at any time after the issuance of the certificate 164
of need. Agreement that the skilled nursing facility will not 165
participate in the Medicaid program shall be a condition of the 166
issuance of a certificate of need to any person under this 167
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paragraph (c), and if such skilled nursing facility at any time 168
after the issuance of the certificate of need, regardless of the 169
ownership of the facility, participates in the Medicaid program or 170
admits or keeps any patients in the facility who are participating 171
in the Medicaid program, the State Department of Health shall 172
revoke the certificate of need, if it is still outstanding, and 173
shall deny or revoke the license of the skilled nursing facility, 174
at the time that the department determines, after a hearing 175
complying with due process, that the facility has failed to comply 176
with any of the conditions upon which the certificate of need was 177
issued, as provided in this paragraph and in the written agreement 178
by the recipient of the certificate of need. The total number of 179
beds that may be authorized under the authority of this paragraph 180
(c) shall not exceed sixty (60) beds. 181
(d) The State Department of Health may issue a 182
certificate of need to any hospital located in DeSoto County for 183
the new construction of a skilled nursing facility, not to exceed 184
one hundred twenty (120) beds, in DeSoto County. From and after 185
July 1, 1999, there shall be no prohibition or restrictions on 186
participation in the Medicaid program (Section 43-13-101 et seq.) 187
for the beds in the nursing facility that were authorized under 188
this paragraph (d). 189
(e) The State Department of Health may issue a 190
certificate of need for the construction of a nursing facility or 191
the conversion of beds to nursing facility beds at a personal care 192
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facility for the elderly in Lowndes County that is owned and 193
operated by a Mississippi nonprofit corporation, not to exceed 194
sixty (60) beds. From and after July 1, 1999, there shall be no 195
prohibition or restrictions on participation in the Medicaid 196
program (Section 43-13-101 et seq.) for the beds in the nursing 197
facility that were authorized under this paragraph (e). 198
(f) The State Department of Health may issue a 199
certificate of need for conversion of a county hospital facility 200
in Itawamba County to a nursing facility, not to exceed sixty (60) 201
beds, including any necessary construction, renovation or 202
expansion. From and after July 1, 1999, there shall be no 203
prohibition or restrictions on participation in the Medicaid 204
program (Section 43-13-101 et seq.) for the beds in the nursing 205
facility that were authorized under this paragraph (f). 206
(g) The State Department of Health may issue a 207
certificate of need for the construction or expansion of nursing 208
facility beds or the conversion of other beds to nursing facility 209
beds in either Hinds, Madison or Rankin County, not to exceed 210
sixty (60) beds. From and after July 1, 1999, there shall be no 211
prohibition or restrictions on participation in the Medicaid 212
program (Section 43-13-101 et seq.) for the beds in the nursing 213
facility that were authorized under this paragraph (g). 214
(h) The State Department of Health may issue a 215
certificate of need for the construction or expansion of nursing 216
facility beds or the conversion of other beds to nursing facility 217
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beds in either Hancock, Harrison or Jackson County, not to exceed 218
sixty (60) beds. From and after July 1, 1999, there shall be no 219
prohibition or restrictions on participation in the Medicaid 220
program (Section 43-13-101 et seq.) for the beds in the facility 221
that were authorized under this paragraph (h). 222
(i) The department may issue a certificate of need for 223
the new construction of a skilled nursing facility in Leake 224
County, provided that the recipient of the certificate of need 225
agrees in writing that the skilled nursing facility will not at 226
any time participate in the Medicaid program (Section 43-13-101 et 227
seq.) or admit or keep any patients in the skilled nursing 228
facility who are participating in the Medicaid program. This 229
written agreement by the recipient of the certificate of need 230
shall be fully binding on any subsequent owner of the skilled 231
nursing facility, if the ownership of the facility is transferred 232
at any time after the issuance of the certificate of need. 233
Agreement that the skilled nursing facility will not participate 234
in the Medicaid program shall be a condition of the issuance of a 235
certificate of need to any person under this paragraph (i), and if 236
such skilled nursing facility at any time after the issuance of 237
the certificate of need, regardless of the ownership of the 238
facility, participates in the Medicaid program or admits or keeps 239
any patients in the facility who are participating in the Medicaid 240
program, the State Department of Health shall revoke the 241
certificate of need, if it is still outstanding, and shall deny or 242
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revoke the license of the skilled nursing facility, at the time 243
that the department determines, after a hearing complying with due 244
process, that the facility has failed to comply with any of the 245
conditions upon which the certificate of need was issued, as 246
provided in this paragraph and in the written agreement by the 247
recipient of the certificate of need. The provision of Section 248
41-7-193(1) regarding substantial compliance of the projection of 249
need as reported in the current State Health Plan is waived for 250
the purposes of this paragraph. The total number of nursing 251
facility beds that may be authorized by any certificate of need 252
issued under this paragraph (i) shall not exceed sixty (60) beds. 253
If the skilled nursing facility authorized by the certificate of 254
need issued under this paragraph is not constructed and fully 255
operational within eighteen (18) months after July 1, 1994, the 256
State Department of Health, after a hearing complying with due 257
process, shall revoke the certificate of need, if it is still 258
outstanding, and shall not issue a license for the skilled nursing 259
facility at any time after the expiration of the eighteen-month 260
period. 261
(j) The department may issue certificates of need to 262
allow any existing freestanding long-term care facility in 263
Tishomingo County and Hancock County that on July 1, 1995, is 264
licensed with fewer than sixty (60) beds. For the purposes of 265
this paragraph (j), the provisions of Section 41-7-193(1) 266
requiring substantial compliance with the projection of need as 267
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reported in the current State Health Plan are waived. From and 268
after July 1, 1999, there shall be no prohibition or restrictions 269
on participation in the Medicaid program (Section 43-13-101 et 270
seq.) for the beds in the long-term care facilities that were 271
authorized under this paragraph (j). 272
(k) The department may issue a certificate of need for 273
the construction of a nursing facility at a continuing care 274
retirement community in Lowndes County. The total number of beds 275
that may be authorized under the authority of this paragraph (k) 276
shall not exceed sixty (60) beds. From and after July 1, 2001, 277
the prohibition on the facility participating in the Medicaid 278
program (Section 43-13-101 et seq.) that was a condition of 279
issuance of the certificate of need under this paragraph (k) shall 280
be revised as follows: The nursing facility may participate in 281
the Medicaid program from and after July 1, 2001, if the owner of 282
the facility on July 1, 2001, agrees in writing that no more than 283
thirty (30) of the beds at the facility will be certified for 284
participation in the Medicaid program, and that no claim will be 285
submitted for Medicaid reimbursement for more than thirty (30) 286
patients in the facility in any month or for any patient in the 287
facility who is in a bed that is not Medicaid-certified. This 288
written agreement by the owner of the facility shall be a 289
condition of licensure of the facility, and the agreement shall be 290
fully binding on any subsequent owner of the facility if the 291
ownership of the facility is transferred at any time after July 1, 292
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2001. After this written agreement is executed, the Division of 293
Medicaid and the State Department of Health shall not certify more 294
than thirty (30) of the beds in the facility for participation in 295
the Medicaid program. If the facility violates the terms of the 296
written agreement by admitting or keeping in the facility on a 297
regular or continuing basis more than thirty (30) patients who are 298
participating in the Medicaid program, the State Department of 299
Health shall revoke the license of the facility, at the time that 300
the department determines, after a hearing complying with due 301
process, that the facility has violated the written agreement. 302
(l) Provided that funds are specifically appropriated 303
therefor by the Legislature, the department may issue a 304
certificate of need to a rehabilitation hospital in Hinds County 305
for the construction of a sixty-bed long-term care nursing 306
facility dedicated to the care and treatment of persons with 307
severe disabilities including persons with spinal cord and 308
closed-head injuries and ventilator dependent patients. The 309
provisions of Section 41-7-193(1) regarding substantial compliance 310
with projection of need as reported in the current State Health 311
Plan are waived for the purpose of this paragraph. 312
(m) The State Department of Health may issue a 313
certificate of need to a county-owned hospital in the Second 314
Judicial District of Panola County for the conversion of not more 315
than seventy-two (72) hospital beds to nursing facility beds, 316
provided that the recipient of the certificate of need agrees in 317
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writing that none of the beds at the nursing facility will be 318
certified for participation in the Medicaid program (Section 319
43-13-101 et seq.), and that no claim will be submitted for 320
Medicaid reimbursement in the nursing facility in any day or for 321
any patient in the nursing facility. This written agreement by 322
the recipient of the certificate of need shall be a condition of 323
the issuance of the certificate of need under this paragraph, and 324
the agreement shall be fully binding on any subsequent owner of 325
the nursing facility if the ownership of the nursing facility is 326
transferred at any time after the issuance of the certificate of 327
need. After this written agreement is executed, the Division of 328
Medicaid and the State Department of Health shall not certify any 329
of the beds in the nursing facility for participation in the 330
Medicaid program. If the nursing facility violates the terms of 331
the written agreement by admitting or keeping in the nursing 332
facility on a regular or continuing basis any patients who are 333
participating in the Medicaid program, the State Department of 334
Health shall revoke the license of the nursing facility, at the 335
time that the department determines, after a hearing complying 336
with due process, that the nursing facility has violated the 337
condition upon which the certificate of need was issued, as 338
provided in this paragraph and in the written agreement. If the 339
certificate of need authorized under this paragraph is not issued 340
within twelve (12) months after July 1, 2001, the department shall 341
deny the application for the certificate of need and shall not 342
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issue the certificate of need at any time after the twelve-month 343
period, unless the issuance is contested. If the certificate of 344
need is issued and substantial construction of the nursing 345
facility beds has not commenced within eighteen (18) months after 346
July 1, 2001, the State Department of Health, after a hearing 347
complying with due process, shall revoke the certificate of need 348
if it is still outstanding, and the department shall not issue a 349
license for the nursing facility at any time after the 350
eighteen-month period. However, if the issuance of the 351
certificate of need is contested, the department shall require 352
substantial construction of the nursing facility beds within six 353
(6) months after final adjudication on the issuance of the 354
certificate of need. 355
(n) The department may issue a certificate of need for 356
the new construction, addition or conversion of skilled nursing 357
facility beds in Madison County, provided that the recipient of 358
the certificate of need agrees in writing that the skilled nursing 359
facility will not at any time participate in the Medicaid program 360
(Section 43-13-101 et seq.) or admit or keep any patients in the 361
skilled nursing facility who are participating in the Medicaid 362
program. This written agreement by the recipient of the 363
certificate of need shall be fully binding on any subsequent owner 364
of the skilled nursing facility, if the ownership of the facility 365
is transferred at any time after the issuance of the certificate 366
of need. Agreement that the skilled nursing facility will not 367
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participate in the Medicaid program shall be a condition of the 368
issuance of a certificate of need to any person under this 369
paragraph (n), and if such skilled nursing facility at any time 370
after the issuance of the certificate of need, regardless of the 371
ownership of the facility, participates in the Medicaid program or 372
admits or keeps any patients in the facility who are participating 373
in the Medicaid program, the State Department of Health shall 374
revoke the certificate of need, if it is still outstanding, and 375
shall deny or revoke the license of the skilled nursing facility, 376
at the time that the department determines, after a hearing 377
complying with due process, that the facility has failed to comply 378
with any of the conditions upon which the certificate of need was 379
issued, as provided in this paragraph and in the written agreement 380
by the recipient of the certificate of need. The total number of 381
nursing facility beds that may be authorized by any certificate of 382
need issued under this paragraph (n) shall not exceed sixty (60) 383
beds. If the certificate of need authorized under this paragraph 384
is not issued within twelve (12) months after July 1, 1998, the 385
department shall deny the application for the certificate of need 386
and shall not issue the certificate of need at any time after the 387
twelve-month period, unless the issuance is contested. If the 388
certificate of need is issued and substantial construction of the 389
nursing facility beds has not commenced within eighteen (18) 390
months after July 1, 1998, the State Department of Health, after a 391
hearing complying with due process, shall revoke the certificate 392
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of need if it is still outstanding, and the department shall not 393
issue a license for the nursing facility at any time after the 394
eighteen-month period. However, if the issuance of the 395
certificate of need is contested, the department shall require 396
substantial construction of the nursing facility beds within six 397
(6) months after final adjudication on the issuance of the 398
certificate of need. 399
(o) The department may issue a certificate of need for 400
the new construction, addition or conversion of skilled nursing 401
facility beds in Leake County, provided that the recipient of the 402
certificate of need agrees in writing that the skilled nursing 403
facility will not at any time participate in the Medicaid program 404
(Section 43-13-101 et seq.) or admit or keep any patients in the 405
skilled nursing facility who are participating in the Medicaid 406
program. This written agreement by the recipient of the 407
certificate of need shall be fully binding on any subsequent owner 408
of the skilled nursing facility, if the ownership of the facility 409
is transferred at any time after the issuance of the certificate 410
of need. Agreement that the skilled nursing facility will not 411
participate in the Medicaid program shall be a condition of the 412
issuance of a certificate of need to any person under this 413
paragraph (o), and if such skilled nursing facility at any time 414
after the issuance of the certificate of need, regardless of the 415
ownership of the facility, participates in the Medicaid program or 416
admits or keeps any patients in the facility who are participating 417
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in the Medicaid program, the State Department of Health shall 418
revoke the certificate of need, if it is still outstanding, and 419
shall deny or revoke the license of the skilled nursing facility, 420
at the time that the department determines, after a hearing 421
complying with due process, that the facility has failed to comply 422
with any of the conditions upon which the certificate of need was 423
issued, as provided in this paragraph and in the written agreement 424
by the recipient of the certificate of need. The total number of 425
nursing facility beds that may be authorized by any certificate of 426
need issued under this paragraph (o) shall not exceed sixty (60) 427
beds. If the certificate of need authorized under this paragraph 428
is not issued within twelve (12) months after July 1, 2001, the 429
department shall deny the application for the certificate of need 430
and shall not issue the certificate of need at any time after the 431
twelve-month period, unless the issuance is contested. If the 432
certificate of need is issued and substantial construction of the 433
nursing facility beds has not commenced within eighteen (18) 434
months after July 1, 2001, the State Department of Health, after a 435
hearing complying with due process, shall revoke the certificate 436
of need if it is still outstanding, and the department shall not 437
issue a license for the nursing facility at any time after the 438
eighteen-month period. However, if the issuance of the 439
certificate of need is contested, the department shall require 440
substantial construction of the nursing facility beds within six 441
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(6) months after final adjudication on the issuance of the 442
certificate of need. 443
(p) The department may issue a certificate of need for 444
the construction of a municipally owned nursing facility within 445
the Town of Belmont in Tishomingo County, not to exceed sixty (60) 446
beds, provided that the recipient of the certificate of need 447
agrees in writing that the skilled nursing facility will not at 448
any time participate in the Medicaid program (Section 43-13-101 et 449
seq.) or admit or keep any patients in the skilled nursing 450
facility who are participating in the Medicaid program. This 451
written agreement by the recipient of the certificate of need 452
shall be fully binding on any subsequent owner of the skilled 453
nursing facility, if the ownership of the facility is transferred 454
at any time after the issuance of the certificate of need. 455
Agreement that the skilled nursing facility will not participate 456
in the Medicaid program shall be a condition of the issuance of a 457
certificate of need to any person under this paragraph (p), and if 458
such skilled nursing facility at any time after the issuance of 459
the certificate of need, regardless of the ownership of the 460
facility, participates in the Medicaid program or admits or keeps 461
any patients in the facility who are participating in the Medicaid 462
program, the State Department of Health shall revoke the 463
certificate of need, if it is still outstanding, and shall deny or 464
revoke the license of the skilled nursing facility, at the time 465
that the department determines, after a hearing complying with due 466
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process, that the facility has failed to comply with any of the 467
conditions upon which the certificate of need was issued, as 468
provided in this paragraph and in the written agreement by the 469
recipient of the certificate of need. The provision of Section 470
41-7-193(1) regarding substantial compliance of the projection of 471
need as reported in the current State Health Plan is waived for 472
the purposes of this paragraph. If the certificate of need 473
authorized under this paragraph is not issued within twelve (12) 474
months after July 1, 1998, the department shall deny the 475
application for the certificate of need and shall not issue the 476
certificate of need at any time after the twelve-month period, 477
unless the issuance is contested. If the certificate of need is 478
issued and substantial construction of the nursing facility beds 479
has not commenced within eighteen (18) months after July 1, 1998, 480
the State Department of Health, after a hearing complying with due 481
process, shall revoke the certificate of need if it is still 482
outstanding, and the department shall not issue a license for the 483
nursing facility at any time after the eighteen-month period. 484
However, if the issuance of the certificate of need is contested, 485
the department shall require substantial construction of the 486
nursing facility beds within six (6) months after final 487
adjudication on the issuance of the certificate of need. 488
(q) (i) Beginning on July 1, 1999, the State 489
Department of Health shall issue certificates of need during each 490
of the next four (4) fiscal years for the construction or 491
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expansion of nursing facility beds or the conversion of other beds 492
to nursing facility beds in each county in the state having a need 493
for fifty (50) or more additional nursing facility beds, as shown 494
in the fiscal year 1999 State Health Plan, in the manner provided 495
in this paragraph (q). The total number of nursing facility beds 496
that may be authorized by any certificate of need authorized under 497
this paragraph (q) shall not exceed sixty (60) beds. 498
(ii) Subject to the provisions of subparagraph 499
(v), during each of the next four (4) fiscal years, the department 500
shall issue six (6) certificates of need for new nursing facility 501
beds, as follows: During fiscal years 2000, 2001 and 2002, one 502
(1) certificate of need shall be issued for new nursing facility 503
beds in the county in each of the four (4) Long-Term Care Planning 504
Districts designated in the fiscal year 1999 State Health Plan 505
that has the highest need in the district for those beds; and two 506
(2) certificates of need shall be issued for new nursing facility 507
beds in the two (2) counties from the state at large that have the 508
highest need in the state for those beds, when considering the 509
need on a statewide basis and without regard to the Long-Term Care 510
Planning Districts in which the counties are located. During 511
fiscal year 2003, one (1) certificate of need shall be issued for 512
new nursing facility beds in any county having a need for fifty 513
(50) or more additional nursing facility beds, as shown in the 514
fiscal year 1999 State Health Plan, that has not received a 515
certificate of need under this paragraph (q) during the three (3) 516
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previous fiscal years. During fiscal year 2000, in addition to 517
the six (6) certificates of need authorized in this subparagraph, 518
the department also shall issue a certificate of need for new 519
nursing facility beds in Amite County and a certificate of need 520
for new nursing facility beds in Carroll County. 521
(iii) Subject to the provisions of subparagraph 522
(v), the certificate of need issued under subparagraph (ii) for 523
nursing facility beds in each Long-Term Care Planning District 524
during each fiscal year shall first be available for nursing 525
facility beds in the county in the district having the highest 526
need for those beds, as shown in the fiscal year 1999 State Health 527
Plan. If there are no applications for a certificate of need for 528
nursing facility beds in the county having the highest need for 529
those beds by the date specified by the department, then the 530
certificate of need shall be available for nursing facility beds 531
in other counties in the district in descending order of the need 532
for those beds, from the county with the second highest need to 533
the county with the lowest need, until an application is received 534
for nursing facility beds in an eligible county in the district. 535
(iv) Subject to the provisions of subparagraph 536
(v), the certificate of need issued under subparagraph (ii) for 537
nursing facility beds in the two (2) counties from the state at 538
large during each fiscal year shall first be available for nursing 539
facility beds in the two (2) counties that have the highest need 540
in the state for those beds, as shown in the fiscal year 1999 541
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State Health Plan, when considering the need on a statewide basis 542
and without regard to the Long-Term Care Planning Districts in 543
which the counties are located. If there are no applications for 544
a certificate of need for nursing facility beds in either of the 545
two (2) counties having the highest need for those beds on a 546
statewide basis by the date specified by the department, then the 547
certificate of need shall be available for nursing facility beds 548
in other counties from the state at large in descending order of 549
the need for those beds on a statewide basis, from the county with 550
the second highest need to the county with the lowest need, until 551
an application is received for nursing facility beds in an 552
eligible county from the state at large. 553
(v) If a certificate of need is authorized to be 554
issued under this paragraph (q) for nursing facility beds in a 555
county on the basis of the need in the Long-Term Care Planning 556
District during any fiscal year of the four-year period, a 557
certificate of need shall not also be available under this 558
paragraph (q) for additional nursing facility beds in that county 559
on the basis of the need in the state at large, and that county 560
shall be excluded in determining which counties have the highest 561
need for nursing facility beds in the state at large for that 562
fiscal year. After a certificate of need has been issued under 563
this paragraph (q) for nursing facility beds in a county during 564
any fiscal year of the four-year period, a certificate of need 565
shall not be available again under this paragraph (q) for 566
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additional nursing facility beds in that county during the 567
four-year period, and that county shall be excluded in determining 568
which counties have the highest need for nursing facility beds in 569
succeeding fiscal years. 570
(vi) If more than one (1) application is made for 571
a certificate of need for nursing home facility beds available 572
under this paragraph (q), in Yalobusha, Newton or Tallahatchie 573
County, and one (1) of the applicants is a county-owned hospital 574
located in the county where the nursing facility beds are 575
available, the department shall give priority to the county-owned 576
hospital in granting the certificate of need if the following 577
conditions are met: 578
1. The county-owned hospital fully meets all 579
applicable criteria and standards required to obtain a certificate 580
of need for the nursing facility beds; and 581
2. The county-owned hospital's qualifications 582
for the certificate of need, as shown in its application and as 583
determined by the department, are at least equal to the 584
qualifications of the other applicants for the certificate of 585
need. 586
(r) (i) Beginning on July 1, 1999, the State 587
Department of Health shall issue certificates of need during each 588
of the next two (2) fiscal years for the construction or expansion 589
of nursing facility beds or the conversion of other beds to 590
nursing facility beds in each of the four (4) Long-Term Care 591
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Planning Districts designated in the fiscal year 1999 State Health 592
Plan, to provide care exclusively to patients with Alzheimer's 593
disease. 594
(ii) Not more than twenty (20) beds may be 595
authorized by any certificate of need issued under this paragraph 596
(r), and not more than a total of sixty (60) beds may be 597
authorized in any Long-Term Care Planning District by all 598
certificates of need issued under this paragraph (r). However, 599
the total number of beds that may be authorized by all 600
certificates of need issued under this paragraph (r) during any 601
fiscal year shall not exceed one hundred twenty (120) beds, and 602
the total number of beds that may be authorized in any Long-Term 603
Care Planning District during any fiscal year shall not exceed 604
forty (40) beds. Of the certificates of need that are issued for 605
each Long-Term Care Planning District during the next two (2) 606
fiscal years, at least one (1) shall be issued for beds in the 607
northern part of the district, at least one (1) shall be issued 608
for beds in the central part of the district, and at least one (1) 609
shall be issued for beds in the southern part of the district. 610
(iii) The State Department of Health, in 611
consultation with the Department of Mental Health and the Division 612
of Medicaid, shall develop and prescribe the staffing levels, 613
space requirements and other standards and requirements that must 614
be met with regard to the nursing facility beds authorized under 615
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this paragraph (r) to provide care exclusively to patients with 616
Alzheimer's disease. 617
(s) The State Department of Health may issue a 618
certificate of need to a nonprofit skilled nursing facility using 619
the Green House model of skilled nursing care and located in Yazoo 620
City, Yazoo County, Mississippi, for the construction, expansion 621
or conversion of not more than nineteen (19) nursing facility 622
beds. For purposes of this paragraph (s), the provisions of 623
Section 41-7-193(1) requiring substantial compliance with the 624
projection of need as reported in the current State Health Plan 625
and the provisions of Section 41-7-197 requiring a formal 626
certificate of need hearing process are waived. There shall be no 627
prohibition or restrictions on participation in the Medicaid 628
program for the person receiving the certificate of need 629
authorized under this paragraph (s). 630
(t) The State Department of Health shall issue 631
certificates of need to the owner of a nursing facility in 632
operation at the time of Hurricane Katrina in Hancock County that 633
was not operational on December 31, 2005, because of damage 634
sustained from Hurricane Katrina to authorize the following: (i) 635
the construction of a new nursing facility in Harrison County; 636
(ii) the relocation of forty-nine (49) nursing facility beds from 637
the Hancock County facility to the new Harrison County facility; 638
(iii) the establishment of not more than twenty (20) non-Medicaid 639
nursing facility beds at the Hancock County facility; and (iv) the 640
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establishment of not more than twenty (20) non-Medicaid beds at 641
the new Harrison County facility. The certificates of need that 642
authorize the non-Medicaid nursing facility beds under 643
subparagraphs (iii) and (iv) of this paragraph (t) shall be 644
subject to the following conditions: The owner of the Hancock 645
County facility and the new Harrison County facility must agree in 646
writing that no more than fifty (50) of the beds at the Hancock 647
County facility and no more than forty-nine (49) of the beds at 648
the Harrison County facility will be certified for participation 649
in the Medicaid program, and that no claim will be submitted for 650
Medicaid reimbursement for more than fifty (50) patients in the 651
Hancock County facility in any month, or for more than forty-nine 652
(49) patients in the Harrison County facility in any month, or for 653
any patient in either facility who is in a bed that is not 654
Medicaid-certified. This written agreement by the owner of the 655
nursing facilities shall be a condition of the issuance of the 656
certificates of need under this paragraph (t), and the agreement 657
shall be fully binding on any later owner or owners of either 658
facility if the ownership of either facility is transferred at any 659
time after the certificates of need are issued. After this 660
written agreement is executed, the Division of Medicaid and the 661
State Department of Health shall not certify more than fifty (50) 662
of the beds at the Hancock County facility or more than forty-nine 663
(49) of the beds at the Harrison County facility for participation 664
in the Medicaid program. If the Hancock County facility violates 665
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the terms of the written agreement by admitting or keeping in the 666
facility on a regular or continuing basis more than fifty (50) 667
patients who are participating in the Medicaid program, or if the 668
Harrison County facility violates the terms of the written 669
agreement by admitting or keeping in the facility on a regular or 670
continuing basis more than forty-nine (49) patients who are 671
participating in the Medicaid program, the State Department of 672
Health shall revoke the license of the facility that is in 673
violation of the agreement, at the time that the department 674
determines, after a hearing complying with due process, that the 675
facility has violated the agreement. 676
(u) The State Department of Health shall issue a 677
certificate of need to a nonprofit venture for the establishment, 678
construction and operation of a skilled nursing facility of not 679
more than sixty (60) beds to provide skilled nursing care for 680
ventilator dependent or otherwise medically dependent pediatric 681
patients who require medical and nursing care or rehabilitation 682
services to be located in a county in which an academic medical 683
center and a children's hospital are located, and for any 684
construction and for the acquisition of equipment related to those 685
beds. The facility shall be authorized to keep such ventilator 686
dependent or otherwise medically dependent pediatric patients 687
beyond age twenty-one (21) in accordance with regulations of the 688
State Board of Health. For purposes of this paragraph (u), the 689
provisions of Section 41-7-193(1) requiring substantial compliance 690
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with the projection of need as reported in the current State 691
Health Plan are waived, and the provisions of Section 41-7-197 692
requiring a formal certificate of need hearing process are waived. 693
The beds authorized by this paragraph shall be counted as 694
pediatric skilled nursing facility beds for health planning 695
purposes under Section 41-7-171 et seq. There shall be no 696
prohibition of or restrictions on participation in the Medicaid 697
program for the person receiving the certificate of need 698
authorized by this paragraph. 699
(3) The State Department of Health may grant approval for 700
and issue certificates of need to any person proposing the new 701
construction of, addition to, conversion of beds of or expansion 702
of any health care facility defined in subparagraph (x) 703
(psychiatric residential treatment facility) of Section 704
41-7-173(h). The total number of beds which may be authorized by 705
such certificates of need shall not exceed three hundred 706
thirty-four (334) beds for the entire state. 707
(a) Of the total number of beds authorized under this 708
subsection, the department shall issue a certificate of need to a 709
privately owned psychiatric residential treatment facility in 710
Simpson County for the conversion of sixteen (16) intermediate 711
care facility for individuals with intellectual disabilities 712
(ICF-IID) beds to psychiatric residential treatment facility beds, 713
provided that facility agrees in writing that the facility shall 714
give priority for the use of those sixteen (16) beds to 715
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Mississippi residents who are presently being treated in 716
out-of-state facilities. 717
(b) Of the total number of beds authorized under this 718
subsection, the department may issue a certificate or certificates 719
of need for the construction or expansion of psychiatric 720
residential treatment facility beds or the conversion of other 721
beds to psychiatric residential treatment facility beds in Warren 722
County, not to exceed sixty (60) psychiatric residential treatment 723
facility beds, provided that the facility agrees in writing that 724
no more than thirty (30) of the beds at the psychiatric 725
residential treatment facility will be certified for participation 726
in the Medicaid program (Section 43-13-101 et seq.) for the use of 727
any patients other than those who are participating only in the 728
Medicaid program of another state, and that no claim will be 729
submitted to the Division of Medicaid for Medicaid reimbursement 730
for more than thirty (30) patients in the psychiatric residential 731
treatment facility in any day or for any patient in the 732
psychiatric residential treatment facility who is in a bed that is 733
not Medicaid-certified. This written agreement by the recipient 734
of the certificate of need shall be a condition of the issuance of 735
the certificate of need under this paragraph, and the agreement 736
shall be fully binding on any subsequent owner of the psychiatric 737
residential treatment facility if the ownership of the facility is 738
transferred at any time after the issuance of the certificate of 739
need. After this written agreement is executed, the Division of 740
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Medicaid and the State Department of Health shall not certify more 741
than thirty (30) of the beds in the psychiatric residential 742
treatment facility for participation in the Medicaid program for 743
the use of any patients other than those who are participating 744
only in the Medicaid program of another state. If the psychiatric 745
residential treatment facility violates the terms of the written 746
agreement by admitting or keeping in the facility on a regular or 747
continuing basis more than thirty (30) patients who are 748
participating in the Mississippi Medicaid program, the State 749
Department of Health shall revoke the license of the facility, at 750
the time that the department determines, after a hearing complying 751
with due process, that the facility has violated the condition 752
upon which the certificate of need was issued, as provided in this 753
paragraph and in the written agreement. 754
The State Department of Health, on or before July 1, 2002, 755
shall transfer the certificate of need authorized under the 756
authority of this paragraph (b), or reissue the certificate of 757
need if it has expired, to River Region Health System. 758
(c) Of the total number of beds authorized under this 759
subsection, the department shall issue a certificate of need to a 760
hospital currently operating Medicaid-certified acute psychiatric 761
beds for adolescents in DeSoto County, for the establishment of a 762
forty-bed psychiatric residential treatment facility in DeSoto 763
County * * *. There shall be no prohibition or restrictions on 764
participation in the Medicaid program (Section 43-13-101 et seq.) 765
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for the person(s) receiving the certificate of need authorized 766
under this paragraph (c) or for the beds constructed or converted 767
under the authority of that certificate of need. 768
(d) Of the total number of beds authorized under this 769
subsection, the department may issue a certificate or certificates 770
of need for the construction or expansion of psychiatric 771
residential treatment facility beds or the conversion of other 772
beds to psychiatric treatment facility beds, not to exceed thirty 773
(30) psychiatric residential treatment facility beds, in either 774
Alcorn, Tishomingo, Prentiss, Lee, Itawamba, Monroe, Chickasaw, 775
Pontotoc, Calhoun, Lafayette, Union, Benton or Tippah County. 776
(e) Of the total number of beds authorized under this 777
subsection (3) the department shall issue a certificate of need to 778
a privately owned, nonprofit psychiatric residential treatment 779
facility in Hinds County for an eight-bed expansion of the 780
facility, provided that the facility agrees in writing that the 781
facility shall give priority for the use of those eight (8) beds 782
to Mississippi residents who are presently being treated in 783
out-of-state facilities. 784
(f) The department shall issue a certificate of need to 785
a one-hundred-thirty-four-bed specialty hospital located on 786
twenty-nine and forty-four one-hundredths (29.44) commercial acres 787
at 5900 Highway 39 North in Meridian (Lauderdale County), 788
Mississippi, for the addition, construction or expansion of 789
child/adolescent psychiatric residential treatment facility beds 790
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in Lauderdale County. As a condition of issuance of the 791
certificate of need under this paragraph, the facility shall give 792
priority in admissions to the child/adolescent psychiatric 793
residential treatment facility beds authorized under this 794
paragraph to patients who otherwise would require out-of-state 795
placement. The Division of Medicaid, in conjunction with the 796
Department of Human Services, shall furnish the facility a list of 797
all out-of-state patients on a quarterly basis. Furthermore, 798
notice shall also be provided to the parent, custodial parent or 799
guardian of each out-of-state patient notifying them of the 800
priority status granted by this paragraph. For purposes of this 801
paragraph, the provisions of Section 41-7-193(1) requiring 802
substantial compliance with the projection of need as reported in 803
the current State Health Plan are waived. The total number of 804
child/adolescent psychiatric residential treatment facility beds 805
that may be authorized under the authority of this paragraph shall 806
be sixty (60) beds. There shall be no prohibition or restrictions 807
on participation in the Medicaid program (Section 43-13-101 et 808
seq.) for the person receiving the certificate of need authorized 809
under this paragraph or for the beds converted pursuant to the 810
authority of that certificate of need. 811
(4) (a) From and after March 25, 2021, the department may 812
issue a certificate of need to any person for the new construction 813
of any hospital, psychiatric hospital or chemical dependency 814
hospital that will contain any child/adolescent psychiatric or 815
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child/adolescent chemical dependency beds, or for the conversion 816
of any other health care facility to a hospital, psychiatric 817
hospital or chemical dependency hospital that will contain any 818
child/adolescent psychiatric or child/adolescent chemical 819
dependency beds. There shall be no prohibition or restrictions on 820
participation in the Medicaid program (Section 43-13-101 et seq.) 821
for the person(s) receiving the certificate(s) of need authorized 822
under this paragraph (a) or for the beds converted pursuant to the 823
authority of that certificate of need. In issuing any new 824
certificate of need for any child/adolescent psychiatric or 825
child/adolescent chemical dependency beds, either by new 826
construction or conversion of beds of another category, the 827
department shall give preference to beds which will be located in 828
an area of the state which does not have such beds located in it, 829
and to a location more than sixty-five (65) miles from existing 830
beds. Upon receiving 2020 census data, the department may amend 831
the State Health Plan regarding child/adolescent psychiatric and 832
child/adolescent chemical dependency beds to reflect the need 833
based on new census data. 834
(i) [Deleted] 835
(ii) The department may issue a certificate of 836
need for the conversion of existing beds in a county hospital in 837
Choctaw County from acute care beds to child/adolescent chemical 838
dependency beds. For purposes of this subparagraph (ii), the 839
provisions of Section 41-7-193(1) requiring substantial compliance 840
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with the projection of need as reported in the current State 841
Health Plan are waived. The total number of beds that may be 842
authorized under authority of this subparagraph shall not exceed 843
twenty (20) beds. There shall be no prohibition or restrictions 844
on participation in the Medicaid program (Section 43-13-101 et 845
seq.) for the hospital receiving the certificate of need 846
authorized under this subparagraph or for the beds converted 847
pursuant to the authority of that certificate of need. 848
(iii) The department may issue a certificate or 849
certificates of need for the construction or expansion of 850
child/adolescent psychiatric beds or the conversion of other beds 851
to child/adolescent psychiatric beds in Warren County. For 852
purposes of this subparagraph (iii), the provisions of Section 853
41-7-193(1) requiring substantial compliance with the projection 854
of need as reported in the current State Health Plan are waived. 855
The total number of beds that may be authorized under the 856
authority of this subparagraph shall not exceed twenty (20) beds. 857
There shall be no prohibition or restrictions on participation in 858
the Medicaid program (Section 43-13-101 et seq.) for the person 859
receiving the certificate of need authorized under this 860
subparagraph or for the beds converted pursuant to the authority 861
of that certificate of need. 862
If by January 1, 2002, there has been no significant 863
commencement of construction of the beds authorized under this 864
subparagraph (iii), or no significant action taken to convert 865
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existing beds to the beds authorized under this subparagraph, then 866
the certificate of need that was previously issued under this 867
subparagraph shall expire. If the previously issued certificate 868
of need expires, the department may accept applications for 869
issuance of another certificate of need for the beds authorized 870
under this subparagraph, and may issue a certificate of need to 871
authorize the construction, expansion or conversion of the beds 872
authorized under this subparagraph. 873
(iv) The department shall issue a certificate of 874
need to the Region 7 Mental Health/Retardation Commission for the 875
construction or expansion of child/adolescent psychiatric beds or 876
the conversion of other beds to child/adolescent psychiatric beds 877
in any of the counties served by the commission. For purposes of 878
this subparagraph (iv), the provisions of Section 41-7-193(1) 879
requiring substantial compliance with the projection of need as 880
reported in the current State Health Plan are waived. The total 881
number of beds that may be authorized under the authority of this 882
subparagraph shall not exceed twenty (20) beds. There shall be no 883
prohibition or restrictions on participation in the Medicaid 884
program (Section 43-13-101 et seq.) for the person receiving the 885
certificate of need authorized under this subparagraph or for the 886
beds converted pursuant to the authority of that certificate of 887
need. 888
(v) The department may issue a certificate of need 889
to any county hospital located in Leflore County for the 890
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construction or expansion of adult psychiatric beds or the 891
conversion of other beds to adult psychiatric beds, not to exceed 892
twenty (20) beds, provided that the recipient of the certificate 893
of need agrees in writing that the adult psychiatric beds will not 894
at any time be certified for participation in the Medicaid program 895
and that the hospital will not admit or keep any patients who are 896
participating in the Medicaid program in any of such adult 897
psychiatric beds. This written agreement by the recipient of the 898
certificate of need shall be fully binding on any subsequent owner 899
of the hospital if the ownership of the hospital is transferred at 900
any time after the issuance of the certificate of need. Agreement 901
that the adult psychiatric beds will not be certified for 902
participation in the Medicaid program shall be a condition of the 903
issuance of a certificate of need to any person under this 904
subparagraph (v), and if such hospital at any time after the 905
issuance of the certificate of need, regardless of the ownership 906
of the hospital, has any of such adult psychiatric beds certified 907
for participation in the Medicaid program or admits or keeps any 908
Medicaid patients in such adult psychiatric beds, the State 909
Department of Health shall revoke the certificate of need, if it 910
is still outstanding, and shall deny or revoke the license of the 911
hospital at the time that the department determines, after a 912
hearing complying with due process, that the hospital has failed 913
to comply with any of the conditions upon which the certificate of 914
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need was issued, as provided in this subparagraph and in the 915
written agreement by the recipient of the certificate of need. 916
(vi) The department may issue a certificate or 917
certificates of need for the expansion of child psychiatric beds 918
or the conversion of other beds to child psychiatric beds at the 919
University of Mississippi Medical Center. For purposes of this 920
subparagraph (vi), the provisions of Section 41-7-193(1) requiring 921
substantial compliance with the projection of need as reported in 922
the current State Health Plan are waived. The total number of 923
beds that may be authorized under the authority of this 924
subparagraph shall not exceed fifteen (15) beds. There shall be 925
no prohibition or restrictions on participation in the Medicaid 926
program (Section 43-13-101 et seq.) for the hospital receiving the 927
certificate of need authorized under this subparagraph or for the 928
beds converted pursuant to the authority of that certificate of 929
need. 930
(b) From and after July 1, 1990, no hospital, 931
psychiatric hospital or chemical dependency hospital shall be 932
authorized to add any child/adolescent psychiatric or 933
child/adolescent chemical dependency beds or convert any beds of 934
another category to child/adolescent psychiatric or 935
child/adolescent chemical dependency beds without a certificate of 936
need under the authority of subsection (1)(c) and subsection 937
(4)(a) of this section. 938
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(5) The department may issue a certificate of need to a 939
county hospital in Winston County for the conversion of fifteen 940
(15) acute care beds to geriatric psychiatric care beds. 941
(6) The State Department of Health shall issue a certificate 942
of need to a Mississippi corporation qualified to manage a 943
long-term care hospital as defined in Section 41-7-173(h)(xii) in 944
Harrison County, not to exceed eighty (80) beds, including any 945
necessary renovation or construction required for licensure and 946
certification, provided that the recipient of the certificate of 947
need agrees in writing that the long-term care hospital will not 948
at any time participate in the Medicaid program (Section 43-13-101 949
et seq.) or admit or keep any patients in the long-term care 950
hospital who are participating in the Medicaid program. This 951
written agreement by the recipient of the certificate of need 952
shall be fully binding on any subsequent owner of the long-term 953
care hospital, if the ownership of the facility is transferred at 954
any time after the issuance of the certificate of need. Agreement 955
that the long-term care hospital will not participate in the 956
Medicaid program shall be a condition of the issuance of a 957
certificate of need to any person under this subsection (6), and 958
if such long-term care hospital at any time after the issuance of 959
the certificate of need, regardless of the ownership of the 960
facility, participates in the Medicaid program or admits or keeps 961
any patients in the facility who are participating in the Medicaid 962
program, the State Department of Health shall revoke the 963
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certificate of need, if it is still outstanding, and shall deny or 964
revoke the license of the long-term care hospital, at the time 965
that the department determines, after a hearing complying with due 966
process, that the facility has failed to comply with any of the 967
conditions upon which the certificate of need was issued, as 968
provided in this subsection and in the written agreement by the 969
recipient of the certificate of need. For purposes of this 970
subsection, the provisions of Section 41-7-193(1) requiring 971
substantial compliance with the projection of need as reported in 972
the current State Health Plan are waived. 973
(7) The State Department of Health may issue a certificate 974
of need to any hospital in the state to utilize a portion of its 975
beds for the "swing-bed" concept. Any such hospital must be in 976
conformance with the federal regulations regarding such swing-bed 977
concept at the time it submits its application for a certificate 978
of need to the State Department of Health, except that such 979
hospital may have more licensed beds or a higher average daily 980
census (ADC) than the maximum number specified in federal 981
regulations for participation in the swing-bed program. Any 982
hospital meeting all federal requirements for participation in the 983
swing-bed program which receives such certificate of need shall 984
render services provided under the swing-bed concept to any 985
patient eligible for Medicare (Title XVIII of the Social Security 986
Act) who is certified by a physician to be in need of such 987
services, and no such hospital shall permit any patient who is 988
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eligible for both Medicaid and Medicare or eligible only for 989
Medicaid to stay in the swing beds of the hospital for more than 990
thirty (30) days per admission unless the hospital receives prior 991
approval for such patient from the Division of Medicaid, Office of 992
the Governor. Any hospital having more licensed beds or a higher 993
average daily census (ADC) than the maximum number specified in 994
federal regulations for participation in the swing-bed program 995
which receives such certificate of need shall develop a procedure 996
to ensure that before a patient is allowed to stay in the swing 997
beds of the hospital, there are no vacant nursing home beds 998
available for that patient located within a fifty-mile radius of 999
the hospital. When any such hospital has a patient staying in the 1000
swing beds of the hospital and the hospital receives notice from a 1001
nursing home located within such radius that there is a vacant bed 1002
available for that patient, the hospital shall transfer the 1003
patient to the nursing home within a reasonable time after receipt 1004
of the notice. Any hospital which is subject to the requirements 1005
of the two (2) preceding sentences of this subsection may be 1006
suspended from participation in the swing-bed program for a 1007
reasonable period of time by the State Department of Health if the 1008
department, after a hearing complying with due process, determines 1009
that the hospital has failed to comply with any of those 1010
requirements. 1011
(8) The Department of Health shall not grant approval for or 1012
issue a certificate of need to any person proposing the new 1013
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construction of, addition to or expansion of a health care 1014
facility as defined in subparagraph (viii) of Section 41-7-173(h), 1015
except as hereinafter provided: The department may issue a 1016
certificate of need to a nonprofit corporation located in Madison 1017
County, Mississippi, for the construction, expansion or conversion 1018
of not more than twenty (20) beds in a community living program 1019
for developmentally disabled adults in a facility as defined in 1020
subparagraph (viii) of Section 41-7-173(h). For purposes of this 1021
subsection (8), the provisions of Section 41-7-193(1) requiring 1022
substantial compliance with the projection of need as reported in 1023
the current State Health Plan and the provisions of Section 1024
41-7-197 requiring a formal certificate of need hearing process 1025
are waived. There shall be no prohibition or restrictions on 1026
participation in the Medicaid program for the person receiving the 1027
certificate of need authorized under this subsection (8). 1028
(9) The Department of Health shall not grant approval for or 1029
issue a certificate of need to any person proposing the 1030
establishment of, or expansion of the currently approved territory 1031
of, or the contracting to establish a home office, subunit or 1032
branch office within the space operated as a health care facility 1033
as defined in Section 41-7-173(h)(i) through (viii) by a health 1034
care facility as defined in subparagraph (ix) of Section 1035
41-7-173(h). 1036
(10) Health care facilities owned and/or operated by the 1037
state or its agencies are exempt from the restraints in this 1038
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section against issuance of a certificate of need if such addition 1039
or expansion consists of repairing or renovation necessary to 1040
comply with the state licensure law. This exception shall not 1041
apply to the new construction of any building by such state 1042
facility. This exception shall not apply to any health care 1043
facilities owned and/or operated by counties, municipalities, 1044
districts, unincorporated areas, other defined persons, or any 1045
combination thereof. 1046
(11) The new construction, renovation or expansion of or 1047
addition to any health care facility defined in subparagraph (ii) 1048
(psychiatric hospital), subparagraph (iv) (skilled nursing 1049
facility), subparagraph (vi) (intermediate care facility), 1050
subparagraph (viii) (intermediate care facility for individuals 1051
with intellectual disabilities) and subparagraph (x) (psychiatric 1052
residential treatment facility) of Section 41-7-173(h) which is 1053
owned by the State of Mississippi and under the direction and 1054
control of the State Department of Mental Health, and the addition 1055
of new beds or the conversion of beds from one category to another 1056
in any such defined health care facility which is owned by the 1057
State of Mississippi and under the direction and control of the 1058
State Department of Mental Health, shall not require the issuance 1059
of a certificate of need under Section 41-7-171 et seq., 1060
notwithstanding any provision in Section 41-7-171 et seq. to the 1061
contrary. 1062
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(12) The new construction, renovation or expansion of or 1063
addition to any veterans homes or domiciliaries for eligible 1064
veterans of the State of Mississippi as authorized under Section 1065
35-1-19 shall not require the issuance of a certificate of need, 1066
notwithstanding any provision in Section 41-7-171 et seq. to the 1067
contrary. 1068
(13) The repair or the rebuilding of an existing, operating 1069
health care facility that sustained significant damage from a 1070
natural disaster that occurred after April 15, 2014, in an area 1071
that is proclaimed a disaster area or subject to a state of 1072
emergency by the Governor or by the President of the United States 1073
shall be exempt from all of the requirements of the Mississippi 1074
Certificate of Need Law (Section 41-7-171 et seq.) and any and all 1075
rules and regulations promulgated under that law, subject to the 1076
following conditions: 1077
(a) The repair or the rebuilding of any such damaged 1078
health care facility must be within one (1) mile of the 1079
pre-disaster location of the campus of the damaged health care 1080
facility, except that any temporary post-disaster health care 1081
facility operating location may be within five (5) miles of the 1082
pre-disaster location of the damaged health care facility; 1083
(b) The repair or the rebuilding of the damaged health 1084
care facility (i) does not increase or change the complement of 1085
its bed capacity that it had before the Governor's or the 1086
President's proclamation, (ii) does not increase or change its 1087
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levels and types of health care services that it provided before 1088
the Governor's or the President's proclamation, and (iii) does not 1089
rebuild in a different county; however, this paragraph does not 1090
restrict or prevent a health care facility from decreasing its bed 1091
capacity that it had before the Governor's or the President's 1092
proclamation, or from decreasing the levels of or decreasing or 1093
eliminating the types of health care services that it provided 1094
before the Governor's or the President's proclamation, when the 1095
damaged health care facility is repaired or rebuilt; 1096
(c) The exemption from Certificate of Need Law provided 1097
under this subsection (13) is valid for only five (5) years from 1098
the date of the Governor's or the President's proclamation. If 1099
actual construction has not begun within that five-year period, 1100
the exemption provided under this subsection is inapplicable; and 1101
(d) The Division of Health Facilities Licensure and 1102
Certification of the State Department of Health shall provide the 1103
same oversight for the repair or the rebuilding of the damaged 1104
health care facility that it provides to all health care facility 1105
construction projects in the state. 1106
For the purposes of this subsection (13), "significant 1107
damage" to a health care facility means damage to the health care 1108
facility requiring an expenditure of at least One Million Dollars 1109
($1,000,000.00). 1110
(14) The State Department of Health shall issue a 1111
certificate of need to any hospital which is currently licensed 1112
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for two hundred fifty (250) or more acute care beds and is located 1113
in any general hospital service area not having a comprehensive 1114
cancer center, for the establishment and equipping of such a 1115
center which provides facilities and services for outpatient 1116
radiation oncology therapy, outpatient medical oncology therapy, 1117
and appropriate support services including the provision of 1118
radiation therapy services. The provisions of Section 41-7-193(1) 1119
regarding substantial compliance with the projection of need as 1120
reported in the current State Health Plan are waived for the 1121
purpose of this subsection. 1122
(15) The State Department of Health may authorize the 1123
transfer of hospital beds, not to exceed sixty (60) beds, from the 1124
North Panola Community Hospital to the South Panola Community 1125
Hospital. The authorization for the transfer of those beds shall 1126
be exempt from the certificate of need review process. 1127
(16) The State Department of Health shall issue any 1128
certificates of need necessary for Mississippi State University 1129
and a public or private health care provider to jointly acquire 1130
and operate a linear accelerator and a magnetic resonance imaging 1131
unit. Those certificates of need shall cover all capital 1132
expenditures related to the project between Mississippi State 1133
University and the health care provider, including, but not 1134
limited to, the acquisition of the linear accelerator, the 1135
magnetic resonance imaging unit and other radiological modalities; 1136
the offering of linear accelerator and magnetic resonance imaging 1137
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services; and the cost of construction of facilities in which to 1138
locate these services. The linear accelerator and the magnetic 1139
resonance imaging unit shall be (a) located in the City of 1140
Starkville, Oktibbeha County, Mississippi; (b) operated jointly by 1141
Mississippi State University and the public or private health care 1142
provider selected by Mississippi State University through a 1143
request for proposals (RFP) process in which Mississippi State 1144
University selects, and the Board of Trustees of State 1145
Institutions of Higher Learning approves, the health care provider 1146
that makes the best overall proposal; (c) available to Mississippi 1147
State University for research purposes two-thirds (2/3) of the 1148
time that the linear accelerator and magnetic resonance imaging 1149
unit are operational; and (d) available to the public or private 1150
health care provider selected by Mississippi State University and 1151
approved by the Board of Trustees of State Institutions of Higher 1152
Learning one-third (1/3) of the time for clinical, diagnostic and 1153
treatment purposes. For purposes of this subsection, the 1154
provisions of Section 41-7-193(1) requiring substantial compliance 1155
with the projection of need as reported in the current State 1156
Health Plan are waived. 1157
(17) The State Department of Health shall issue a 1158
certificate of need for the construction of an acute care hospital 1159
in Kemper County, not to exceed twenty-five (25) beds, which shall 1160
be named the "John C. Stennis Memorial Hospital." In issuing the 1161
certificate of need under this subsection, the department shall 1162
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give priority to a hospital located in Lauderdale County that has 1163
two hundred fifteen (215) beds. For purposes of this subsection, 1164
the provisions of Section 41-7-193(1) requiring substantial 1165
compliance with the projection of need as reported in the current 1166
State Health Plan and the provisions of Section 41-7-197 requiring 1167
a formal certificate of need hearing process are waived. There 1168
shall be no prohibition or restrictions on participation in the 1169
Medicaid program (Section 43-13-101 et seq.) for the person or 1170
entity receiving the certificate of need authorized under this 1171
subsection or for the beds constructed under the authority of that 1172
certificate of need. 1173
(18) The planning, design, construction, renovation, 1174
addition, furnishing and equipping of a clinical research unit at 1175
any health care facility defined in Section 41-7-173(h) that is 1176
under the direction and control of the University of Mississippi 1177
Medical Center and located in Jackson, Mississippi, and the 1178
addition of new beds or the conversion of beds from one (1) 1179
category to another in any such clinical research unit, shall not 1180
require the issuance of a certificate of need under Section 1181
41-7-171 et seq., notwithstanding any provision in Section 1182
41-7-171 et seq. to the contrary. 1183
(19) [Repealed] 1184
(20) Nothing in this section or in any other provision of 1185
Section 41-7-171 et seq. shall prevent any nursing facility from 1186
designating an appropriate number of existing beds in the facility 1187
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ST: Medicaid; delete prohibition on
participation in for psychiatric residential
treatment facility in Desoto County.
as beds for providing care exclusively to patients with 1188
Alzheimer's disease. 1189
(21) Nothing in this section or any other provision of 1190
Section 41-7-171 et seq. shall prevent any health care facility 1191
from the new construction, renovation, conversion or expansion of 1192
new beds in the facility designated as intensive care units, 1193
negative pressure rooms, or isolation rooms pursuant to the 1194
provisions of Sections 41-14-1 through 41-14-11, or Section 1195
41-14-31. For purposes of this subsection, the provisions of 1196
Section 41-7-193(1) requiring substantial compliance with the 1197
projection of need as reported in the current State Health Plan 1198
and the provisions of Section 41-7-197 requiring a formal 1199
certificate of need hearing process are waived. 1200
SECTION 2. This act shall take effect and be in force from 1201
and after July 1, 2026. 1202