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H. B. No. 1617 *HR43/R1927* ~ OFFICIAL ~ G1/2
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To: Public Health and Human
Services; State Affairs
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Cockerham
HOUSE BILL NO. 1617
AN ACT TO AMEND SECTION 41-7-187, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THAT IF THE STATE DEPARTMENT OF HEALTH PROVIDES FOR AN 2
ACADEMIC EXEMPTION FROM THE REQUIREMENTS OF THE CERTIFICATE OF 3
NEED LAW FOR ANY ENTITY OR OTHERWISE EXEMPTS ANY PERSON OR ENTITY 4
FROM HAVING TO OBTAIN A CERTIFICATE OF NEED FOR ANY ACTIVITY THAT 5
WOULD OTHERWISE REQUIRE THE ISSUANCE OF A CERTIFICATE OF NEED, THE 6
DEPARTMENT SHALL PROVIDE A DETAILED EXPLANATION ON ITS WEBSITE OF 7
THE REASONS FOR EXEMPTING THE PERSON OR ENTITY FROM THE 8
REQUIREMENTS OF CERTIFICATE OF NEED LAW; TO AMEND SECTION 9
41-7-193, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHENEVER THE 10
DEPARTMENT ISSUES A CERTIFICATE OF NEED THAT DOES NOT COMPLY WITH 11
THE PROJECTION OF NEED IN THE APPLICABLE STATE HEALTH PLAN OR 12
OTHERWISE DOES NOT FOLLOW THE STATE HEALTH PLAN WHEN ISSUING A 13
CERTIFICATE OF NEED, THE DEPARTMENT SHALL PROVIDE A DETAILED 14
EXPLANATION ON ITS WEBSITE OF THE REASONS FOR DEVIATING FROM THE 15
STATE HEALTH PLAN WITH REGARD TO THE ISSUANCE OF THE CERTIFICATE 16
OF NEED; AND FOR RELATED PURPOSES. 17
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 18
SECTION 1. Section 41-7-187, Mississippi Code of 1972, is 19
amended as follows: 20
41-7-187. The State Department of Health is * * * authorized 21
to develop and implement a statewide health certificate of need 22
program. The State Department of Health is authorized and 23
empowered to adopt by rule and regulation: 24
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(a) Criteria, standards and plans to be used in 25
evaluating applications for certificates of need; 26
(b) Effective standards to determine when a person, 27
facility or organization must apply for a certificate of need; 28
(c) Standards to determine when a change of ownership 29
has occurred or will occur; and 30
(d) Review procedures for conducting reviews of 31
applications for certificates of need. 32
If the department provides for an academic exemption from the 33
requirements of Section 41-7-171 et seq. for any entity or 34
otherwise exempts any person or entity from having to obtain a 35
certificate of need for any activity that would otherwise require 36
the issuance of a certificate of need under Section 41-7-171 et 37
seq., under the authority of paragraph (b) of this section, the 38
department shall provide a detailed explanation on its website of 39
the reasons for exempting the person or entity from the 40
requirements of Section 41-7-171 et seq. 41
SECTION 2. Section 41-7-193, Mississippi Code of 1972, is 42
amended as follows: 43
41-7-193. (1) No person may enter into any financing 44
arrangement or commitment for financing a new institutional health 45
service or any other project requiring a certificate of need 46
unless such certificate has been granted for such purpose. A 47
certificate of need shall not be granted or issued to any person 48
for any proposal, cause or reason, unless the proposal has been 49
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reviewed for consistency with the specifications and the criteria 50
established by the State Department of Health and substantially 51
complies with the projection of need as reported in the State 52
Health Plan in effect at the time the application for the proposal 53
was submitted. Whenever the State Department of Health issues a 54
certificate of need that does not comply with the projection of 55
need in the applicable State Health Plan or otherwise does not 56
follow the State Health Plan when issuing a certificate of need, 57
the department shall provide a detailed explanation on its website 58
of the reasons for deviating from the State Health Plan with 59
regard to the issuance of the certificate of need. 60
(2) An application for a certificate of need for an 61
institutional health service, medical equipment or any proposal 62
requiring a certificate of need shall specify the time, within 63
that granted, such shall be functional or operational according to 64
a time schedule submitted with the application. Each certificate 65
of need shall specify the maximum amount of capital expenditure 66
that may be obligated. The State Department of Health shall 67
periodically review the progress and time schedule of any person 68
issued or granted a certificate of need for any purpose. 69
(3) An application for a certificate of need may be filed at 70
any time with the department after the applicant has given the 71
department fifteen (15) days' written notice of its intent to 72
apply for a certificate of need. The department shall not delay 73
review of an application. The department shall make its 74
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ST: CON; require SDH to provide detailed
explanation on its website of reasons for
providing exemptions or deviating from the State
Health Plan.
recommendation approving or disapproving a complete application 75
within forty-five (45) days of the date the application was filed 76
or within fifteen (15) days of receipt of any requested 77
information, whichever is later, said request to be made by the 78
department within fifteen (15) days of the filing of the 79
application. 80
SECTION 3. This act shall take effect and be in force from 81
and after July 1, 2026. 82