CON; Health Department shall issue for construction of an acute care hospital in Tunica County.

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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Burnett

HOUSE BILL NO. 320

AN ACT TO AMEND SECTION 41-7-191, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THAT THE TUNICA COUNTY HEALTH CARE AUTHORITY, TUNICA 2
COUNTY BOARD OF SUPERVISORS, OR OTHER AUTHORIZED MANAGING ENTITY 3
MAY APPLY FOR, AND THE STATE DEPARTMENT OF HEALTH SHALL ISSUE, A 4
CERTIFICATE OF NEED FOR THE CONSTRUCTION OF AN ACUTE CARE HOSPITAL 5
IN TUNICA COUNTY UPON DEMONSTRATION OF THE FEASIBLE VIABILITY OF 6
SUCH; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. Section 41-7-191, Mississippi Code of 1972, is 9
amended as follows: 10
41-7-191. (1) No person shall engage in any of the 11
following activities without obtaining the required certificate of 12
need: 13
(a) The construction, development or other 14
establishment of a new health care facility, which establishment 15
shall include the reopening of a health care facility that has 16
ceased to operate for a period of sixty (60) months or more; 17
(b) The relocation of a health care facility or portion 18
thereof, or major medical equipment, unless such relocation of a 19
health care facility or portion thereof, or major medical 20
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equipment, which does not involve a capital expenditure by or on 21
behalf of a health care facility, is within five thousand two 22
hundred eighty (5,280) feet from the main entrance of the health 23
care facility; 24
(c) Any change in the existing bed complement of any 25
health care facility through the addition or conversion of any 26
beds or the alteration, modernizing or refurbishing of any unit or 27
department in which the beds may be located; however, if a health 28
care facility has voluntarily delicensed some of its existing bed 29
complement, it may later relicense some or all of its delicensed 30
beds without the necessity of having to acquire a certificate of 31
need. The State Department of Health shall maintain a record of 32
the delicensing health care facility and its voluntarily 33
delicensed beds and continue counting those beds as part of the 34
state's total bed count for health care planning purposes. If a 35
health care facility that has voluntarily delicensed some of its 36
beds later desires to relicense some or all of its voluntarily 37
delicensed beds, it shall notify the State Department of Health of 38
its intent to increase the number of its licensed beds. The State 39
Department of Health shall survey the health care facility within 40
thirty (30) days of that notice and, if appropriate, issue the 41
health care facility a new license reflecting the new contingent 42
of beds. However, in no event may a health care facility that has 43
voluntarily delicensed some of its beds be reissued a license to 44
operate beds in excess of its bed count before the voluntary 45
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delicensure of some of its beds without seeking certificate of 46
need approval; 47
(d) Offering of the following health services if those 48
services have not been provided on a regular basis by the proposed 49
provider of such services within the period of twelve (12) months 50
prior to the time such services would be offered: 51
(i) Open-heart surgery services; 52
(ii) Cardiac catheterization services; 53
(iii) Comprehensive inpatient rehabilitation 54
services; 55
(iv) Licensed psychiatric services; 56
(v) Licensed chemical dependency services; 57
(vi) Radiation therapy services; 58
(vii) Diagnostic imaging services of an invasive 59
nature, i.e. invasive digital angiography; 60
(viii) Nursing home care as defined in 61
subparagraphs (iv), (vi) and (viii) of Section 41-7-173(h); 62
(ix) Home health services; 63
(x) Swing-bed services; 64
(xi) Ambulatory surgical services; 65
(xii) Magnetic resonance imaging services; 66
(xiii) [Deleted] 67
(xiv) Long-term care hospital services; 68
(xv) Positron emission tomography (PET) services; 69
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(e) The relocation of one or more health services from 70
one physical facility or site to another physical facility or 71
site, unless such relocation, which does not involve a capital 72
expenditure by or on behalf of a health care facility, (i) is to a 73
physical facility or site within five thousand two hundred eighty 74
(5,280) feet from the main entrance of the health care facility 75
where the health care service is located, or (ii) is the result of 76
an order of a court of appropriate jurisdiction or a result of 77
pending litigation in such court, or by order of the State 78
Department of Health, or by order of any other agency or legal 79
entity of the state, the federal government, or any political 80
subdivision of either, whose order is also approved by the State 81
Department of Health; 82
(f) The acquisition or otherwise control of any major 83
medical equipment for the provision of medical services; however, 84
(i) the acquisition of any major medical equipment used only for 85
research purposes, and (ii) the acquisition of major medical 86
equipment to replace medical equipment for which a facility is 87
already providing medical services and for which the State 88
Department of Health has been notified before the date of such 89
acquisition shall be exempt from this paragraph; an acquisition 90
for less than fair market value must be reviewed, if the 91
acquisition at fair market value would be subject to review; 92
(g) Changes of ownership of existing health care 93
facilities in which a notice of intent is not filed with the State 94
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Department of Health at least thirty (30) days prior to the date 95
such change of ownership occurs, or a change in services or bed 96
capacity as prescribed in paragraph (c) or (d) of this subsection 97
as a result of the change of ownership; an acquisition for less 98
than fair market value must be reviewed, if the acquisition at 99
fair market value would be subject to review; 100
(h) The change of ownership of any health care facility 101
defined in subparagraphs (iv), (vi) and (viii) of Section 102
41-7-173(h), in which a notice of intent as described in paragraph 103
(g) has not been filed and if the Executive Director, Division of 104
Medicaid, Office of the Governor, has not certified in writing 105
that there will be no increase in allowable costs to Medicaid from 106
revaluation of the assets or from increased interest and 107
depreciation as a result of the proposed change of ownership; 108
(i) Any activity described in paragraphs (a) through 109
(h) if undertaken by any person if that same activity would 110
require certificate of need approval if undertaken by a health 111
care facility; 112
(j) Any capital expenditure or deferred capital 113
expenditure by or on behalf of a health care facility not covered 114
by paragraphs (a) through (h); 115
(k) The contracting of a health care facility as 116
defined in subparagraphs (i) through (viii) of Section 41-7-173(h) 117
to establish a home office, subunit, or branch office in the space 118
operated as a health care facility through a formal arrangement 119
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with an existing health care facility as defined in subparagraph 120
(ix) of Section 41-7-173(h); 121
(l) The replacement or relocation of a health care 122
facility designated as a critical access hospital shall be exempt 123
from subsection (1) of this section so long as the critical access 124
hospital complies with all applicable federal law and regulations 125
regarding such replacement or relocation; 126
(m) Reopening a health care facility that has ceased to 127
operate for a period of sixty (60) months or more, which reopening 128
requires a certificate of need for the establishment of a new 129
health care facility. 130
(2) The State Department of Health shall not grant approval 131
for or issue a certificate of need to any person proposing the new 132
construction of, addition to, or expansion of any health care 133
facility defined in subparagraphs (iv) (skilled nursing facility) 134
and (vi) (intermediate care facility) of Section 41-7-173(h) or 135
the conversion of vacant hospital beds to provide skilled or 136
intermediate nursing home care, except as hereinafter authorized: 137
(a) The department may issue a certificate of need to 138
any person proposing the new construction of any health care 139
facility defined in subparagraphs (iv) and (vi) of Section 140
41-7-173(h) as part of a life care retirement facility, in any 141
county bordering on the Gulf of Mexico in which is located a 142
National Aeronautics and Space Administration facility, not to 143
exceed forty (40) beds. From and after July 1, 1999, there shall 144
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be no prohibition or restrictions on participation in the Medicaid 145
program (Section 43-13-101 et seq.) for the beds in the health 146
care facility that were authorized under this paragraph (a). 147
(b) The department may issue certificates of need in 148
Harrison County to provide skilled nursing home care for 149
Alzheimer's disease patients and other patients, not to exceed one 150
hundred fifty (150) beds. From and after July 1, 1999, there 151
shall be no prohibition or restrictions on participation in the 152
Medicaid program (Section 43-13-101 et seq.) for the beds in the 153
nursing facilities that were authorized under this paragraph (b). 154
(c) The department may issue a certificate of need for 155
the addition to or expansion of any skilled nursing facility that 156
is part of an existing continuing care retirement community 157
located in Madison County, provided that the recipient of the 158
certificate of need agrees in writing that the skilled nursing 159
facility will not at any time participate in the Medicaid program 160
(Section 43-13-101 et seq.) or admit or keep any patients in the 161
skilled nursing facility who are participating in the Medicaid 162
program. This written agreement by the recipient of the 163
certificate of need shall be fully binding on any subsequent owner 164
of the skilled nursing facility, if the ownership of the facility 165
is transferred at any time after the issuance of the certificate 166
of need. Agreement that the skilled nursing facility will not 167
participate in the Medicaid program shall be a condition of the 168
issuance of a certificate of need to any person under this 169
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paragraph (c), and if such skilled nursing facility at any time 170
after the issuance of the certificate of need, regardless of the 171
ownership of the facility, participates in the Medicaid program or 172
admits or keeps any patients in the facility who are participating 173
in the Medicaid program, the State Department of Health shall 174
revoke the certificate of need, if it is still outstanding, and 175
shall deny or revoke the license of the skilled nursing facility, 176
at the time that the department determines, after a hearing 177
complying with due process, that the facility has failed to comply 178
with any of the conditions upon which the certificate of need was 179
issued, as provided in this paragraph and in the written agreement 180
by the recipient of the certificate of need. The total number of 181
beds that may be authorized under the authority of this paragraph 182
(c) shall not exceed sixty (60) beds. 183
(d) The State Department of Health may issue a 184
certificate of need to any hospital located in DeSoto County for 185
the new construction of a skilled nursing facility, not to exceed 186
one hundred twenty (120) beds, in DeSoto County. From and after 187
July 1, 1999, there shall be no prohibition or restrictions on 188
participation in the Medicaid program (Section 43-13-101 et seq.) 189
for the beds in the nursing facility that were authorized under 190
this paragraph (d). 191
(e) The State Department of Health may issue a 192
certificate of need for the construction of a nursing facility or 193
the conversion of beds to nursing facility beds at a personal care 194
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facility for the elderly in Lowndes County that is owned and 195
operated by a Mississippi nonprofit corporation, not to exceed 196
sixty (60) beds. From and after July 1, 1999, there shall be no 197
prohibition or restrictions on participation in the Medicaid 198
program (Section 43-13-101 et seq.) for the beds in the nursing 199
facility that were authorized under this paragraph (e). 200
(f) The State Department of Health may issue a 201
certificate of need for conversion of a county hospital facility 202
in Itawamba County to a nursing facility, not to exceed sixty (60) 203
beds, including any necessary construction, renovation or 204
expansion. From and after July 1, 1999, there shall be no 205
prohibition or restrictions on participation in the Medicaid 206
program (Section 43-13-101 et seq.) for the beds in the nursing 207
facility that were authorized under this paragraph (f). 208
(g) The State Department of Health may issue a 209
certificate of need for the construction or expansion of nursing 210
facility beds or the conversion of other beds to nursing facility 211
beds in either Hinds, Madison or Rankin County, not to exceed 212
sixty (60) beds. From and after July 1, 1999, there shall be no 213
prohibition or restrictions on participation in the Medicaid 214
program (Section 43-13-101 et seq.) for the beds in the nursing 215
facility that were authorized under this paragraph (g). 216
(h) The State Department of Health may issue a 217
certificate of need for the construction or expansion of nursing 218
facility beds or the conversion of other beds to nursing facility 219
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beds in either Hancock, Harrison or Jackson County, not to exceed 220
sixty (60) beds. From and after July 1, 1999, there shall be no 221
prohibition or restrictions on participation in the Medicaid 222
program (Section 43-13-101 et seq.) for the beds in the facility 223
that were authorized under this paragraph (h). 224
(i) The department may issue a certificate of need for 225
the new construction of a skilled nursing facility in Leake 226
County, provided that the recipient of the certificate of need 227
agrees in writing that the skilled nursing facility will not at 228
any time participate in the Medicaid program (Section 43-13-101 et 229
seq.) or admit or keep any patients in the skilled nursing 230
facility who are participating in the Medicaid program. This 231
written agreement by the recipient of the certificate of need 232
shall be fully binding on any subsequent owner of the skilled 233
nursing facility, if the ownership of the facility is transferred 234
at any time after the issuance of the certificate of need. 235
Agreement that the skilled nursing facility will not participate 236
in the Medicaid program shall be a condition of the issuance of a 237
certificate of need to any person under this paragraph (i), and if 238
such skilled nursing facility at any time after the issuance of 239
the certificate of need, regardless of the ownership of the 240
facility, participates in the Medicaid program or admits or keeps 241
any patients in the facility who are participating in the Medicaid 242
program, the State Department of Health shall revoke the 243
certificate of need, if it is still outstanding, and shall deny or 244
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revoke the license of the skilled nursing facility, at the time 245
that the department determines, after a hearing complying with due 246
process, that the facility has failed to comply with any of the 247
conditions upon which the certificate of need was issued, as 248
provided in this paragraph and in the written agreement by the 249
recipient of the certificate of need. The provision of Section 250
41-7-193(1) regarding substantial compliance of the projection of 251
need as reported in the current State Health Plan is waived for 252
the purposes of this paragraph. The total number of nursing 253
facility beds that may be authorized by any certificate of need 254
issued under this paragraph (i) shall not exceed sixty (60) beds. 255
If the skilled nursing facility authorized by the certificate of 256
need issued under this paragraph is not constructed and fully 257
operational within eighteen (18) months after July 1, 1994, the 258
State Department of Health, after a hearing complying with due 259
process, shall revoke the certificate of need, if it is still 260
outstanding, and shall not issue a license for the skilled nursing 261
facility at any time after the expiration of the eighteen-month 262
period. 263
(j) The department may issue certificates of need to 264
allow any existing freestanding long-term care facility in 265
Tishomingo County and Hancock County that on July 1, 1995, is 266
licensed with fewer than sixty (60) beds. For the purposes of 267
this paragraph (j), the provisions of Section 41-7-193(1) 268
requiring substantial compliance with the projection of need as 269
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reported in the current State Health Plan are waived. From and 270
after July 1, 1999, there shall be no prohibition or restrictions 271
on participation in the Medicaid program (Section 43-13-101 et 272
seq.) for the beds in the long-term care facilities that were 273
authorized under this paragraph (j). 274
(k) The department may issue a certificate of need for 275
the construction of a nursing facility at a continuing care 276
retirement community in Lowndes County. The total number of beds 277
that may be authorized under the authority of this paragraph (k) 278
shall not exceed sixty (60) beds. From and after July 1, 2001, 279
the prohibition on the facility participating in the Medicaid 280
program (Section 43-13-101 et seq.) that was a condition of 281
issuance of the certificate of need under this paragraph (k) shall 282
be revised as follows: The nursing facility may participate in 283
the Medicaid program from and after July 1, 2001, if the owner of 284
the facility on July 1, 2001, agrees in writing that no more than 285
thirty (30) of the beds at the facility will be certified for 286
participation in the Medicaid program, and that no claim will be 287
submitted for Medicaid reimbursement for more than thirty (30) 288
patients in the facility in any month or for any patient in the 289
facility who is in a bed that is not Medicaid-certified. This 290
written agreement by the owner of the facility shall be a 291
condition of licensure of the facility, and the agreement shall be 292
fully binding on any subsequent owner of the facility if the 293
ownership of the facility is transferred at any time after July 1, 294
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2001. After this written agreement is executed, the Division of 295
Medicaid and the State Department of Health shall not certify more 296
than thirty (30) of the beds in the facility for participation in 297
the Medicaid program. If the facility violates the terms of the 298
written agreement by admitting or keeping in the facility on a 299
regular or continuing basis more than thirty (30) patients who are 300
participating in the Medicaid program, the State Department of 301
Health shall revoke the license of the facility, at the time that 302
the department determines, after a hearing complying with due 303
process, that the facility has violated the written agreement. 304
(l) Provided that funds are specifically appropriated 305
therefor by the Legislature, the department may issue a 306
certificate of need to a rehabilitation hospital in Hinds County 307
for the construction of a sixty-bed long-term care nursing 308
facility dedicated to the care and treatment of persons with 309
severe disabilities including persons with spinal cord and 310
closed-head injuries and ventilator dependent patients. The 311
provisions of Section 41-7-193(1) regarding substantial compliance 312
with projection of need as reported in the current State Health 313
Plan are waived for the purpose of this paragraph. 314
(m) The State Department of Health may issue a 315
certificate of need to a county-owned hospital in the Second 316
Judicial District of Panola County for the conversion of not more 317
than seventy-two (72) hospital beds to nursing facility beds, 318
provided that the recipient of the certificate of need agrees in 319
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writing that none of the beds at the nursing facility will be 320
certified for participation in the Medicaid program (Section 321
43-13-101 et seq.), and that no claim will be submitted for 322
Medicaid reimbursement in the nursing facility in any day or for 323
any patient in the nursing facility. This written agreement by 324
the recipient of the certificate of need shall be a condition of 325
the issuance of the certificate of need under this paragraph, and 326
the agreement shall be fully binding on any subsequent owner of 327
the nursing facility if the ownership of the nursing facility is 328
transferred at any time after the issuance of the certificate of 329
need. After this written agreement is executed, the Division of 330
Medicaid and the State Department of Health shall not certify any 331
of the beds in the nursing facility for participation in the 332
Medicaid program. If the nursing facility violates the terms of 333
the written agreement by admitting or keeping in the nursing 334
facility on a regular or continuing basis any patients who are 335
participating in the Medicaid program, the State Department of 336
Health shall revoke the license of the nursing facility, at the 337
time that the department determines, after a hearing complying 338
with due process, that the nursing facility has violated the 339
condition upon which the certificate of need was issued, as 340
provided in this paragraph and in the written agreement. If the 341
certificate of need authorized under this paragraph is not issued 342
within twelve (12) months after July 1, 2001, the department shall 343
deny the application for the certificate of need and shall not 344
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issue the certificate of need at any time after the twelve-month 345
period, unless the issuance is contested. If the certificate of 346
need is issued and substantial construction of the nursing 347
facility beds has not commenced within eighteen (18) months after 348
July 1, 2001, the State Department of Health, after a hearing 349
complying with due process, shall revoke the certificate of need 350
if it is still outstanding, and the department shall not issue a 351
license for the nursing facility at any time after the 352
eighteen-month period. However, if the issuance of the 353
certificate of need is contested, the department shall require 354
substantial construction of the nursing facility beds within six 355
(6) months after final adjudication on the issuance of the 356
certificate of need. 357
(n) The department may issue a certificate of need for 358
the new construction, addition or conversion of skilled nursing 359
facility beds in Madison County, provided that the recipient of 360
the certificate of need agrees in writing that the skilled nursing 361
facility will not at any time participate in the Medicaid program 362
(Section 43-13-101 et seq.) or admit or keep any patients in the 363
skilled nursing facility who are participating in the Medicaid 364
program. This written agreement by the recipient of the 365
certificate of need shall be fully binding on any subsequent owner 366
of the skilled nursing facility, if the ownership of the facility 367
is transferred at any time after the issuance of the certificate 368
of need. Agreement that the skilled nursing facility will not 369
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participate in the Medicaid program shall be a condition of the 370
issuance of a certificate of need to any person under this 371
paragraph (n), and if such skilled nursing facility at any time 372
after the issuance of the certificate of need, regardless of the 373
ownership of the facility, participates in the Medicaid program or 374
admits or keeps any patients in the facility who are participating 375
in the Medicaid program, the State Department of Health shall 376
revoke the certificate of need, if it is still outstanding, and 377
shall deny or revoke the license of the skilled nursing facility, 378
at the time that the department determines, after a hearing 379
complying with due process, that the facility has failed to comply 380
with any of the conditions upon which the certificate of need was 381
issued, as provided in this paragraph and in the written agreement 382
by the recipient of the certificate of need. The total number of 383
nursing facility beds that may be authorized by any certificate of 384
need issued under this paragraph (n) shall not exceed sixty (60) 385
beds. If the certificate of need authorized under this paragraph 386
is not issued within twelve (12) months after July 1, 1998, the 387
department shall deny the application for the certificate of need 388
and shall not issue the certificate of need at any time after the 389
twelve-month period, unless the issuance is contested. If the 390
certificate of need is issued and substantial construction of the 391
nursing facility beds has not commenced within eighteen (18) 392
months after July 1, 1998, the State Department of Health, after a 393
hearing complying with due process, shall revoke the certificate 394
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of need if it is still outstanding, and the department shall not 395
issue a license for the nursing facility at any time after the 396
eighteen-month period. However, if the issuance of the 397
certificate of need is contested, the department shall require 398
substantial construction of the nursing facility beds within six 399
(6) months after final adjudication on the issuance of the 400
certificate of need. 401
(o) The department may issue a certificate of need for 402
the new construction, addition or conversion of skilled nursing 403
facility beds in Leake County, provided that the recipient of the 404
certificate of need agrees in writing that the skilled nursing 405
facility will not at any time participate in the Medicaid program 406
(Section 43-13-101 et seq.) or admit or keep any patients in the 407
skilled nursing facility who are participating in the Medicaid 408
program. This written agreement by the recipient of the 409
certificate of need shall be fully binding on any subsequent owner 410
of the skilled nursing facility, if the ownership of the facility 411
is transferred at any time after the issuance of the certificate 412
of need. Agreement that the skilled nursing facility will not 413
participate in the Medicaid program shall be a condition of the 414
issuance of a certificate of need to any person under this 415
paragraph (o), and if such skilled nursing facility at any time 416
after the issuance of the certificate of need, regardless of the 417
ownership of the facility, participates in the Medicaid program or 418
admits or keeps any patients in the facility who are participating 419
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in the Medicaid program, the State Department of Health shall 420
revoke the certificate of need, if it is still outstanding, and 421
shall deny or revoke the license of the skilled nursing facility, 422
at the time that the department determines, after a hearing 423
complying with due process, that the facility has failed to comply 424
with any of the conditions upon which the certificate of need was 425
issued, as provided in this paragraph and in the written agreement 426
by the recipient of the certificate of need. The total number of 427
nursing facility beds that may be authorized by any certificate of 428
need issued under this paragraph (o) shall not exceed sixty (60) 429
beds. If the certificate of need authorized under this paragraph 430
is not issued within twelve (12) months after July 1, 2001, the 431
department shall deny the application for the certificate of need 432
and shall not issue the certificate of need at any time after the 433
twelve-month period, unless the issuance is contested. If the 434
certificate of need is issued and substantial construction of the 435
nursing facility beds has not commenced within eighteen (18) 436
months after July 1, 2001, the State Department of Health, after a 437
hearing complying with due process, shall revoke the certificate 438
of need if it is still outstanding, and the department shall not 439
issue a license for the nursing facility at any time after the 440
eighteen-month period. However, if the issuance of the 441
certificate of need is contested, the department shall require 442
substantial construction of the nursing facility beds within six 443
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(6) months after final adjudication on the issuance of the 444
certificate of need. 445
(p) The department may issue a certificate of need for 446
the construction of a municipally owned nursing facility within 447
the Town of Belmont in Tishomingo County, not to exceed sixty (60) 448
beds, provided that the recipient of the certificate of need 449
agrees in writing that the skilled nursing facility will not at 450
any time participate in the Medicaid program (Section 43-13-101 et 451
seq.) or admit or keep any patients in the skilled nursing 452
facility who are participating in the Medicaid program. This 453
written agreement by the recipient of the certificate of need 454
shall be fully binding on any subsequent owner of the skilled 455
nursing facility, if the ownership of the facility is transferred 456
at any time after the issuance of the certificate of need. 457
Agreement that the skilled nursing facility will not participate 458
in the Medicaid program shall be a condition of the issuance of a 459
certificate of need to any person under this paragraph (p), and if 460
such skilled nursing facility at any time after the issuance of 461
the certificate of need, regardless of the ownership of the 462
facility, participates in the Medicaid program or admits or keeps 463
any patients in the facility who are participating in the Medicaid 464
program, the State Department of Health shall revoke the 465
certificate of need, if it is still outstanding, and shall deny or 466
revoke the license of the skilled nursing facility, at the time 467
that the department determines, after a hearing complying with due 468
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process, that the facility has failed to comply with any of the 469
conditions upon which the certificate of need was issued, as 470
provided in this paragraph and in the written agreement by the 471
recipient of the certificate of need. The provision of Section 472
41-7-193(1) regarding substantial compliance of the projection of 473
need as reported in the current State Health Plan is waived for 474
the purposes of this paragraph. If the certificate of need 475
authorized under this paragraph is not issued within twelve (12) 476
months after July 1, 1998, the department shall deny the 477
application for the certificate of need and shall not issue the 478
certificate of need at any time after the twelve-month period, 479
unless the issuance is contested. If the certificate of need is 480
issued and substantial construction of the nursing facility beds 481
has not commenced within eighteen (18) months after July 1, 1998, 482
the State Department of Health, after a hearing complying with due 483
process, shall revoke the certificate of need if it is still 484
outstanding, and the department shall not issue a license for the 485
nursing facility at any time after the eighteen-month period. 486
However, if the issuance of the certificate of need is contested, 487
the department shall require substantial construction of the 488
nursing facility beds within six (6) months after final 489
adjudication on the issuance of the certificate of need. 490
(q) (i) Beginning on July 1, 1999, the State 491
Department of Health shall issue certificates of need during each 492
of the next four (4) fiscal years for the construction or 493
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expansion of nursing facility beds or the conversion of other beds 494
to nursing facility beds in each county in the state having a need 495
for fifty (50) or more additional nursing facility beds, as shown 496
in the fiscal year 1999 State Health Plan, in the manner provided 497
in this paragraph (q). The total number of nursing facility beds 498
that may be authorized by any certificate of need authorized under 499
this paragraph (q) shall not exceed sixty (60) beds. 500
(ii) Subject to the provisions of subparagraph 501
(v), during each of the next four (4) fiscal years, the department 502
shall issue six (6) certificates of need for new nursing facility 503
beds, as follows: During fiscal years 2000, 2001 and 2002, one 504
(1) certificate of need shall be issued for new nursing facility 505
beds in the county in each of the four (4) Long-Term Care Planning 506
Districts designated in the fiscal year 1999 State Health Plan 507
that has the highest need in the district for those beds; and two 508
(2) certificates of need shall be issued for new nursing facility 509
beds in the two (2) counties from the state at large that have the 510
highest need in the state for those beds, when considering the 511
need on a statewide basis and without regard to the Long-Term Care 512
Planning Districts in which the counties are located. During 513
fiscal year 2003, one (1) certificate of need shall be issued for 514
new nursing facility beds in any county having a need for fifty 515
(50) or more additional nursing facility beds, as shown in the 516
fiscal year 1999 State Health Plan, that has not received a 517
certificate of need under this paragraph (q) during the three (3) 518
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previous fiscal years. During fiscal year 2000, in addition to 519
the six (6) certificates of need authorized in this subparagraph, 520
the department also shall issue a certificate of need for new 521
nursing facility beds in Amite County and a certificate of need 522
for new nursing facility beds in Carroll County. 523
(iii) Subject to the provisions of subparagraph 524
(v), the certificate of need issued under subparagraph (ii) for 525
nursing facility beds in each Long-Term Care Planning District 526
during each fiscal year shall first be available for nursing 527
facility beds in the county in the district having the highest 528
need for those beds, as shown in the fiscal year 1999 State Health 529
Plan. If there are no applications for a certificate of need for 530
nursing facility beds in the county having the highest need for 531
those beds by the date specified by the department, then the 532
certificate of need shall be available for nursing facility beds 533
in other counties in the district in descending order of the need 534
for those beds, from the county with the second highest need to 535
the county with the lowest need, until an application is received 536
for nursing facility beds in an eligible county in the district. 537
(iv) Subject to the provisions of subparagraph 538
(v), the certificate of need issued under subparagraph (ii) for 539
nursing facility beds in the two (2) counties from the state at 540
large during each fiscal year shall first be available for nursing 541
facility beds in the two (2) counties that have the highest need 542
in the state for those beds, as shown in the fiscal year 1999 543
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State Health Plan, when considering the need on a statewide basis 544
and without regard to the Long-Term Care Planning Districts in 545
which the counties are located. If there are no applications for 546
a certificate of need for nursing facility beds in either of the 547
two (2) counties having the highest need for those beds on a 548
statewide basis by the date specified by the department, then the 549
certificate of need shall be available for nursing facility beds 550
in other counties from the state at large in descending order of 551
the need for those beds on a statewide basis, from the county with 552
the second highest need to the county with the lowest need, until 553
an application is received for nursing facility beds in an 554
eligible county from the state at large. 555
(v) If a certificate of need is authorized to be 556
issued under this paragraph (q) for nursing facility beds in a 557
county on the basis of the need in the Long-Term Care Planning 558
District during any fiscal year of the four-year period, a 559
certificate of need shall not also be available under this 560
paragraph (q) for additional nursing facility beds in that county 561
on the basis of the need in the state at large, and that county 562
shall be excluded in determining which counties have the highest 563
need for nursing facility beds in the state at large for that 564
fiscal year. After a certificate of need has been issued under 565
this paragraph (q) for nursing facility beds in a county during 566
any fiscal year of the four-year period, a certificate of need 567
shall not be available again under this paragraph (q) for 568
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additional nursing facility beds in that county during the 569
four-year period, and that county shall be excluded in determining 570
which counties have the highest need for nursing facility beds in 571
succeeding fiscal years. 572
(vi) If more than one (1) application is made for 573
a certificate of need for nursing home facility beds available 574
under this paragraph (q), in Yalobusha, Newton or Tallahatchie 575
County, and one (1) of the applicants is a county-owned hospital 576
located in the county where the nursing facility beds are 577
available, the department shall give priority to the county-owned 578
hospital in granting the certificate of need if the following 579
conditions are met: 580
1. The county-owned hospital fully meets all 581
applicable criteria and standards required to obtain a certificate 582
of need for the nursing facility beds; and 583
2. The county-owned hospital's qualifications 584
for the certificate of need, as shown in its application and as 585
determined by the department, are at least equal to the 586
qualifications of the other applicants for the certificate of 587
need. 588
(r) (i) Beginning on July 1, 1999, the State 589
Department of Health shall issue certificates of need during each 590
of the next two (2) fiscal years for the construction or expansion 591
of nursing facility beds or the conversion of other beds to 592
nursing facility beds in each of the four (4) Long-Term Care 593
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Planning Districts designated in the fiscal year 1999 State Health 594
Plan, to provide care exclusively to patients with Alzheimer's 595
disease. 596
(ii) Not more than twenty (20) beds may be 597
authorized by any certificate of need issued under this paragraph 598
(r), and not more than a total of sixty (60) beds may be 599
authorized in any Long-Term Care Planning District by all 600
certificates of need issued under this paragraph (r). However, 601
the total number of beds that may be authorized by all 602
certificates of need issued under this paragraph (r) during any 603
fiscal year shall not exceed one hundred twenty (120) beds, and 604
the total number of beds that may be authorized in any Long-Term 605
Care Planning District during any fiscal year shall not exceed 606
forty (40) beds. Of the certificates of need that are issued for 607
each Long-Term Care Planning District during the next two (2) 608
fiscal years, at least one (1) shall be issued for beds in the 609
northern part of the district, at least one (1) shall be issued 610
for beds in the central part of the district, and at least one (1) 611
shall be issued for beds in the southern part of the district. 612
(iii) The State Department of Health, in 613
consultation with the Department of Mental Health and the Division 614
of Medicaid, shall develop and prescribe the staffing levels, 615
space requirements and other standards and requirements that must 616
be met with regard to the nursing facility beds authorized under 617
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this paragraph (r) to provide care exclusively to patients with 618
Alzheimer's disease. 619
(s) The State Department of Health may issue a 620
certificate of need to a nonprofit skilled nursing facility using 621
the Green House model of skilled nursing care and located in Yazoo 622
City, Yazoo County, Mississippi, for the construction, expansion 623
or conversion of not more than nineteen (19) nursing facility 624
beds. For purposes of this paragraph (s), the provisions of 625
Section 41-7-193(1) requiring substantial compliance with the 626
projection of need as reported in the current State Health Plan 627
and the provisions of Section 41-7-197 requiring a formal 628
certificate of need hearing process are waived. There shall be no 629
prohibition or restrictions on participation in the Medicaid 630
program for the person receiving the certificate of need 631
authorized under this paragraph (s). 632
(t) The State Department of Health shall issue 633
certificates of need to the owner of a nursing facility in 634
operation at the time of Hurricane Katrina in Hancock County that 635
was not operational on December 31, 2005, because of damage 636
sustained from Hurricane Katrina to authorize the following: (i) 637
the construction of a new nursing facility in Harrison County; 638
(ii) the relocation of forty-nine (49) nursing facility beds from 639
the Hancock County facility to the new Harrison County facility; 640
(iii) the establishment of not more than twenty (20) non-Medicaid 641
nursing facility beds at the Hancock County facility; and (iv) the 642
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establishment of not more than twenty (20) non-Medicaid beds at 643
the new Harrison County facility. The certificates of need that 644
authorize the non-Medicaid nursing facility beds under 645
subparagraphs (iii) and (iv) of this paragraph (t) shall be 646
subject to the following conditions: The owner of the Hancock 647
County facility and the new Harrison County facility must agree in 648
writing that no more than fifty (50) of the beds at the Hancock 649
County facility and no more than forty-nine (49) of the beds at 650
the Harrison County facility will be certified for participation 651
in the Medicaid program, and that no claim will be submitted for 652
Medicaid reimbursement for more than fifty (50) patients in the 653
Hancock County facility in any month, or for more than forty-nine 654
(49) patients in the Harrison County facility in any month, or for 655
any patient in either facility who is in a bed that is not 656
Medicaid-certified. This written agreement by the owner of the 657
nursing facilities shall be a condition of the issuance of the 658
certificates of need under this paragraph (t), and the agreement 659
shall be fully binding on any later owner or owners of either 660
facility if the ownership of either facility is transferred at any 661
time after the certificates of need are issued. After this 662
written agreement is executed, the Division of Medicaid and the 663
State Department of Health shall not certify more than fifty (50) 664
of the beds at the Hancock County facility or more than forty-nine 665
(49) of the beds at the Harrison County facility for participation 666
in the Medicaid program. If the Hancock County facility violates 667
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the terms of the written agreement by admitting or keeping in the 668
facility on a regular or continuing basis more than fifty (50) 669
patients who are participating in the Medicaid program, or if the 670
Harrison County facility violates the terms of the written 671
agreement by admitting or keeping in the facility on a regular or 672
continuing basis more than forty-nine (49) patients who are 673
participating in the Medicaid program, the State Department of 674
Health shall revoke the license of the facility that is in 675
violation of the agreement, at the time that the department 676
determines, after a hearing complying with due process, that the 677
facility has violated the agreement. 678
(u) The State Department of Health shall issue a 679
certificate of need to a nonprofit venture for the establishment, 680
construction and operation of a skilled nursing facility of not 681
more than sixty (60) beds to provide skilled nursing care for 682
ventilator dependent or otherwise medically dependent pediatric 683
patients who require medical and nursing care or rehabilitation 684
services to be located in a county in which an academic medical 685
center and a children's hospital are located, and for any 686
construction and for the acquisition of equipment related to those 687
beds. The facility shall be authorized to keep such ventilator 688
dependent or otherwise medically dependent pediatric patients 689
beyond age twenty-one (21) in accordance with regulations of the 690
State Board of Health. For purposes of this paragraph (u), the 691
provisions of Section 41-7-193(1) requiring substantial compliance 692
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with the projection of need as reported in the current State 693
Health Plan are waived, and the provisions of Section 41-7-197 694
requiring a formal certificate of need hearing process are waived. 695
The beds authorized by this paragraph shall be counted as 696
pediatric skilled nursing facility beds for health planning 697
purposes under Section 41-7-171 et seq. There shall be no 698
prohibition of or restrictions on participation in the Medicaid 699
program for the person receiving the certificate of need 700
authorized by this paragraph. 701
(3) The State Department of Health may grant approval for 702
and issue certificates of need to any person proposing the new 703
construction of, addition to, conversion of beds of or expansion 704
of any health care facility defined in subparagraph (x) 705
(psychiatric residential treatment facility) of Section 706
41-7-173(h). The total number of beds which may be authorized by 707
such certificates of need shall not exceed three hundred 708
thirty-four (334) beds for the entire state. 709
(a) Of the total number of beds authorized under this 710
subsection, the department shall issue a certificate of need to a 711
privately owned psychiatric residential treatment facility in 712
Simpson County for the conversion of sixteen (16) intermediate 713
care facility for individuals with intellectual disabilities 714
(ICF-IID) beds to psychiatric residential treatment facility beds, 715
provided that facility agrees in writing that the facility shall 716
give priority for the use of those sixteen (16) beds to 717
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Mississippi residents who are presently being treated in 718
out-of-state facilities. 719
(b) Of the total number of beds authorized under this 720
subsection, the department may issue a certificate or certificates 721
of need for the construction or expansion of psychiatric 722
residential treatment facility beds or the conversion of other 723
beds to psychiatric residential treatment facility beds in Warren 724
County, not to exceed sixty (60) psychiatric residential treatment 725
facility beds, provided that the facility agrees in writing that 726
no more than thirty (30) of the beds at the psychiatric 727
residential treatment facility will be certified for participation 728
in the Medicaid program (Section 43-13-101 et seq.) for the use of 729
any patients other than those who are participating only in the 730
Medicaid program of another state, and that no claim will be 731
submitted to the Division of Medicaid for Medicaid reimbursement 732
for more than thirty (30) patients in the psychiatric residential 733
treatment facility in any day or for any patient in the 734
psychiatric residential treatment facility who is in a bed that is 735
not Medicaid-certified. This written agreement by the recipient 736
of the certificate of need shall be a condition of the issuance of 737
the certificate of need under this paragraph, and the agreement 738
shall be fully binding on any subsequent owner of the psychiatric 739
residential treatment facility if the ownership of the facility is 740
transferred at any time after the issuance of the certificate of 741
need. After this written agreement is executed, the Division of 742
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Medicaid and the State Department of Health shall not certify more 743
than thirty (30) of the beds in the psychiatric residential 744
treatment facility for participation in the Medicaid program for 745
the use of any patients other than those who are participating 746
only in the Medicaid program of another state. If the psychiatric 747
residential treatment facility violates the terms of the written 748
agreement by admitting or keeping in the facility on a regular or 749
continuing basis more than thirty (30) patients who are 750
participating in the Mississippi Medicaid program, the State 751
Department of Health shall revoke the license of the facility, at 752
the time that the department determines, after a hearing complying 753
with due process, that the facility has violated the condition 754
upon which the certificate of need was issued, as provided in this 755
paragraph and in the written agreement. 756
The State Department of Health, on or before July 1, 2002, 757
shall transfer the certificate of need authorized under the 758
authority of this paragraph (b), or reissue the certificate of 759
need if it has expired, to River Region Health System. 760
(c) Of the total number of beds authorized under this 761
subsection, the department shall issue a certificate of need to a 762
hospital currently operating Medicaid-certified acute psychiatric 763
beds for adolescents in DeSoto County, for the establishment of a 764
forty-bed psychiatric residential treatment facility in DeSoto 765
County, provided that the hospital agrees in writing (i) that the 766
hospital shall give priority for the use of those forty (40) beds 767
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to Mississippi residents who are presently being treated in 768
out-of-state facilities, and (ii) that no more than fifteen (15) 769
of the beds at the psychiatric residential treatment facility will 770
be certified for participation in the Medicaid program (Section 771
43-13-101 et seq.), and that no claim will be submitted for 772
Medicaid reimbursement for more than fifteen (15) patients in the 773
psychiatric residential treatment facility in any day or for any 774
patient in the psychiatric residential treatment facility who is 775
in a bed that is not Medicaid-certified. This written agreement 776
by the recipient of the certificate of need shall be a condition 777
of the issuance of the certificate of need under this paragraph, 778
and the agreement shall be fully binding on any subsequent owner 779
of the psychiatric residential treatment facility if the ownership 780
of the facility is transferred at any time after the issuance of 781
the certificate of need. After this written agreement is 782
executed, the Division of Medicaid and the State Department of 783
Health shall not certify more than fifteen (15) of the beds in the 784
psychiatric residential treatment facility for participation in 785
the Medicaid program. If the psychiatric residential treatment 786
facility violates the terms of the written agreement by admitting 787
or keeping in the facility on a regular or continuing basis more 788
than fifteen (15) patients who are participating in the Medicaid 789
program, the State Department of Health shall revoke the license 790
of the facility, at the time that the department determines, after 791
a hearing complying with due process, that the facility has 792
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violated the condition upon which the certificate of need was 793
issued, as provided in this paragraph and in the written 794
agreement. 795
(d) Of the total number of beds authorized under this 796
subsection, the department may issue a certificate or certificates 797
of need for the construction or expansion of psychiatric 798
residential treatment facility beds or the conversion of other 799
beds to psychiatric treatment facility beds, not to exceed thirty 800
(30) psychiatric residential treatment facility beds, in either 801
Alcorn, Tishomingo, Prentiss, Lee, Itawamba, Monroe, Chickasaw, 802
Pontotoc, Calhoun, Lafayette, Union, Benton or Tippah County. 803
(e) Of the total number of beds authorized under this 804
subsection (3) the department shall issue a certificate of need to 805
a privately owned, nonprofit psychiatric residential treatment 806
facility in Hinds County for an eight-bed expansion of the 807
facility, provided that the facility agrees in writing that the 808
facility shall give priority for the use of those eight (8) beds 809
to Mississippi residents who are presently being treated in 810
out-of-state facilities. 811
(f) The department shall issue a certificate of need to 812
a one-hundred-thirty-four-bed specialty hospital located on 813
twenty-nine and forty-four one-hundredths (29.44) commercial acres 814
at 5900 Highway 39 North in Meridian (Lauderdale County), 815
Mississippi, for the addition, construction or expansion of 816
child/adolescent psychiatric residential treatment facility beds 817
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in Lauderdale County. As a condition of issuance of the 818
certificate of need under this paragraph, the facility shall give 819
priority in admissions to the child/adolescent psychiatric 820
residential treatment facility beds authorized under this 821
paragraph to patients who otherwise would require out-of-state 822
placement. The Division of Medicaid, in conjunction with the 823
Department of Human Services, shall furnish the facility a list of 824
all out-of-state patients on a quarterly basis. Furthermore, 825
notice shall also be provided to the parent, custodial parent or 826
guardian of each out-of-state patient notifying them of the 827
priority status granted by this paragraph. For purposes of this 828
paragraph, the provisions of Section 41-7-193(1) requiring 829
substantial compliance with the projection of need as reported in 830
the current State Health Plan are waived. The total number of 831
child/adolescent psychiatric residential treatment facility beds 832
that may be authorized under the authority of this paragraph shall 833
be sixty (60) beds. There shall be no prohibition or restrictions 834
on participation in the Medicaid program (Section 43-13-101 et 835
seq.) for the person receiving the certificate of need authorized 836
under this paragraph or for the beds converted pursuant to the 837
authority of that certificate of need. 838
(4) (a) From and after March 25, 2021, the department may 839
issue a certificate of need to any person for the new construction 840
of any hospital, psychiatric hospital or chemical dependency 841
hospital that will contain any child/adolescent psychiatric or 842
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child/adolescent chemical dependency beds, or for the conversion 843
of any other health care facility to a hospital, psychiatric 844
hospital or chemical dependency hospital that will contain any 845
child/adolescent psychiatric or child/adolescent chemical 846
dependency beds. There shall be no prohibition or restrictions on 847
participation in the Medicaid program (Section 43-13-101 et seq.) 848
for the person(s) receiving the certificate(s) of need authorized 849
under this paragraph (a) or for the beds converted pursuant to the 850
authority of that certificate of need. In issuing any new 851
certificate of need for any child/adolescent psychiatric or 852
child/adolescent chemical dependency beds, either by new 853
construction or conversion of beds of another category, the 854
department shall give preference to beds which will be located in 855
an area of the state which does not have such beds located in it, 856
and to a location more than sixty-five (65) miles from existing 857
beds. Upon receiving 2020 census data, the department may amend 858
the State Health Plan regarding child/adolescent psychiatric and 859
child/adolescent chemical dependency beds to reflect the need 860
based on new census data. 861
(i) [Deleted] 862
(ii) The department may issue a certificate of 863
need for the conversion of existing beds in a county hospital in 864
Choctaw County from acute care beds to child/adolescent chemical 865
dependency beds. For purposes of this subparagraph (ii), the 866
provisions of Section 41-7-193(1) requiring substantial compliance 867
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with the projection of need as reported in the current State 868
Health Plan are waived. The total number of beds that may be 869
authorized under authority of this subparagraph shall not exceed 870
twenty (20) beds. There shall be no prohibition or restrictions 871
on participation in the Medicaid program (Section 43-13-101 et 872
seq.) for the hospital receiving the certificate of need 873
authorized under this subparagraph or for the beds converted 874
pursuant to the authority of that certificate of need. 875
(iii) The department may issue a certificate or 876
certificates of need for the construction or expansion of 877
child/adolescent psychiatric beds or the conversion of other beds 878
to child/adolescent psychiatric beds in Warren County. For 879
purposes of this subparagraph (iii), the provisions of Section 880
41-7-193(1) requiring substantial compliance with the projection 881
of need as reported in the current State Health Plan are waived. 882
The total number of beds that may be authorized under the 883
authority of this subparagraph shall not exceed twenty (20) beds. 884
There shall be no prohibition or restrictions on participation in 885
the Medicaid program (Section 43-13-101 et seq.) for the person 886
receiving the certificate of need authorized under this 887
subparagraph or for the beds converted pursuant to the authority 888
of that certificate of need. 889
If by January 1, 2002, there has been no significant 890
commencement of construction of the beds authorized under this 891
subparagraph (iii), or no significant action taken to convert 892
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existing beds to the beds authorized under this subparagraph, then 893
the certificate of need that was previously issued under this 894
subparagraph shall expire. If the previously issued certificate 895
of need expires, the department may accept applications for 896
issuance of another certificate of need for the beds authorized 897
under this subparagraph, and may issue a certificate of need to 898
authorize the construction, expansion or conversion of the beds 899
authorized under this subparagraph. 900
(iv) The department shall issue a certificate of 901
need to the Region 7 Mental Health/Retardation Commission for the 902
construction or expansion of child/adolescent psychiatric beds or 903
the conversion of other beds to child/adolescent psychiatric beds 904
in any of the counties served by the commission. For purposes of 905
this subparagraph (iv), the provisions of Section 41-7-193(1) 906
requiring substantial compliance with the projection of need as 907
reported in the current State Health Plan are waived. The total 908
number of beds that may be authorized under the authority of this 909
subparagraph shall not exceed twenty (20) beds. There shall be no 910
prohibition or restrictions on participation in the Medicaid 911
program (Section 43-13-101 et seq.) for the person receiving the 912
certificate of need authorized under this subparagraph or for the 913
beds converted pursuant to the authority of that certificate of 914
need. 915
(v) The department may issue a certificate of need 916
to any county hospital located in Leflore County for the 917
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construction or expansion of adult psychiatric beds or the 918
conversion of other beds to adult psychiatric beds, not to exceed 919
twenty (20) beds, provided that the recipient of the certificate 920
of need agrees in writing that the adult psychiatric beds will not 921
at any time be certified for participation in the Medicaid program 922
and that the hospital will not admit or keep any patients who are 923
participating in the Medicaid program in any of such adult 924
psychiatric beds. This written agreement by the recipient of the 925
certificate of need shall be fully binding on any subsequent owner 926
of the hospital if the ownership of the hospital is transferred at 927
any time after the issuance of the certificate of need. Agreement 928
that the adult psychiatric beds will not be certified for 929
participation in the Medicaid program shall be a condition of the 930
issuance of a certificate of need to any person under this 931
subparagraph (v), and if such hospital at any time after the 932
issuance of the certificate of need, regardless of the ownership 933
of the hospital, has any of such adult psychiatric beds certified 934
for participation in the Medicaid program or admits or keeps any 935
Medicaid patients in such adult psychiatric beds, the State 936
Department of Health shall revoke the certificate of need, if it 937
is still outstanding, and shall deny or revoke the license of the 938
hospital at the time that the department determines, after a 939
hearing complying with due process, that the hospital has failed 940
to comply with any of the conditions upon which the certificate of 941
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need was issued, as provided in this subparagraph and in the 942
written agreement by the recipient of the certificate of need. 943
(vi) The department may issue a certificate or 944
certificates of need for the expansion of child psychiatric beds 945
or the conversion of other beds to child psychiatric beds at the 946
University of Mississippi Medical Center. For purposes of this 947
subparagraph (vi), the provisions of Section 41-7-193(1) requiring 948
substantial compliance with the projection of need as reported in 949
the current State Health Plan are waived. The total number of 950
beds that may be authorized under the authority of this 951
subparagraph shall not exceed fifteen (15) beds. There shall be 952
no prohibition or restrictions on participation in the Medicaid 953
program (Section 43-13-101 et seq.) for the hospital receiving the 954
certificate of need authorized under this subparagraph or for the 955
beds converted pursuant to the authority of that certificate of 956
need. 957
(b) From and after July 1, 1990, no hospital, 958
psychiatric hospital or chemical dependency hospital shall be 959
authorized to add any child/adolescent psychiatric or 960
child/adolescent chemical dependency beds or convert any beds of 961
another category to child/adolescent psychiatric or 962
child/adolescent chemical dependency beds without a certificate of 963
need under the authority of subsection (1)(c) and subsection 964
(4)(a) of this section. 965
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(5) The department may issue a certificate of need to a 966
county hospital in Winston County for the conversion of fifteen 967
(15) acute care beds to geriatric psychiatric care beds. 968
(6) The State Department of Health shall issue a certificate 969
of need to a Mississippi corporation qualified to manage a 970
long-term care hospital as defined in Section 41-7-173(h)(xii) in 971
Harrison County, not to exceed eighty (80) beds, including any 972
necessary renovation or construction required for licensure and 973
certification, provided that the recipient of the certificate of 974
need agrees in writing that the long-term care hospital will not 975
at any time participate in the Medicaid program (Section 43-13-101 976
et seq.) or admit or keep any patients in the long-term care 977
hospital who are participating in the Medicaid program. This 978
written agreement by the recipient of the certificate of need 979
shall be fully binding on any subsequent owner of the long-term 980
care hospital, if the ownership of the facility is transferred at 981
any time after the issuance of the certificate of need. Agreement 982
that the long-term care hospital will not participate in the 983
Medicaid program shall be a condition of the issuance of a 984
certificate of need to any person under this subsection (6), and 985
if such long-term care hospital at any time after the issuance of 986
the certificate of need, regardless of the ownership of the 987
facility, participates in the Medicaid program or admits or keeps 988
any patients in the facility who are participating in the Medicaid 989
program, the State Department of Health shall revoke the 990
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certificate of need, if it is still outstanding, and shall deny or 991
revoke the license of the long-term care hospital, at the time 992
that the department determines, after a hearing complying with due 993
process, that the facility has failed to comply with any of the 994
conditions upon which the certificate of need was issued, as 995
provided in this subsection and in the written agreement by the 996
recipient of the certificate of need. For purposes of this 997
subsection, the provisions of Section 41-7-193(1) requiring 998
substantial compliance with the projection of need as reported in 999
the current State Health Plan are waived. 1000
(7) The State Department of Health may issue a certificate 1001
of need to any hospital in the state to utilize a portion of its 1002
beds for the "swing-bed" concept. Any such hospital must be in 1003
conformance with the federal regulations regarding such swing-bed 1004
concept at the time it submits its application for a certificate 1005
of need to the State Department of Health, except that such 1006
hospital may have more licensed beds or a higher average daily 1007
census (ADC) than the maximum number specified in federal 1008
regulations for participation in the swing-bed program. Any 1009
hospital meeting all federal requirements for participation in the 1010
swing-bed program which receives such certificate of need shall 1011
render services provided under the swing-bed concept to any 1012
patient eligible for Medicare (Title XVIII of the Social Security 1013
Act) who is certified by a physician to be in need of such 1014
services, and no such hospital shall permit any patient who is 1015
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eligible for both Medicaid and Medicare or eligible only for 1016
Medicaid to stay in the swing beds of the hospital for more than 1017
thirty (30) days per admission unless the hospital receives prior 1018
approval for such patient from the Division of Medicaid, Office of 1019
the Governor. Any hospital having more licensed beds or a higher 1020
average daily census (ADC) than the maximum number specified in 1021
federal regulations for participation in the swing-bed program 1022
which receives such certificate of need shall develop a procedure 1023
to ensure that before a patient is allowed to stay in the swing 1024
beds of the hospital, there are no vacant nursing home beds 1025
available for that patient located within a fifty-mile radius of 1026
the hospital. When any such hospital has a patient staying in the 1027
swing beds of the hospital and the hospital receives notice from a 1028
nursing home located within such radius that there is a vacant bed 1029
available for that patient, the hospital shall transfer the 1030
patient to the nursing home within a reasonable time after receipt 1031
of the notice. Any hospital which is subject to the requirements 1032
of the two (2) preceding sentences of this subsection may be 1033
suspended from participation in the swing-bed program for a 1034
reasonable period of time by the State Department of Health if the 1035
department, after a hearing complying with due process, determines 1036
that the hospital has failed to comply with any of those 1037
requirements. 1038
(8) The Department of Health shall not grant approval for or 1039
issue a certificate of need to any person proposing the new 1040
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construction of, addition to or expansion of a health care 1041
facility as defined in subparagraph (viii) of Section 41-7-173(h), 1042
except as hereinafter provided: The department may issue a 1043
certificate of need to a nonprofit corporation located in Madison 1044
County, Mississippi, for the construction, expansion or conversion 1045
of not more than twenty (20) beds in a community living program 1046
for developmentally disabled adults in a facility as defined in 1047
subparagraph (viii) of Section 41-7-173(h). For purposes of this 1048
subsection (8), the provisions of Section 41-7-193(1) requiring 1049
substantial compliance with the projection of need as reported in 1050
the current State Health Plan and the provisions of Section 1051
41-7-197 requiring a formal certificate of need hearing process 1052
are waived. There shall be no prohibition or restrictions on 1053
participation in the Medicaid program for the person receiving the 1054
certificate of need authorized under this subsection (8). 1055
(9) The Department of Health shall not grant approval for or 1056
issue a certificate of need to any person proposing the 1057
establishment of, or expansion of the currently approved territory 1058
of, or the contracting to establish a home office, subunit or 1059
branch office within the space operated as a health care facility 1060
as defined in Section 41-7-173(h)(i) through (viii) by a health 1061
care facility as defined in subparagraph (ix) of Section 1062
41-7-173(h). 1063
(10) Health care facilities owned and/or operated by the 1064
state or its agencies are exempt from the restraints in this 1065
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section against issuance of a certificate of need if such addition 1066
or expansion consists of repairing or renovation necessary to 1067
comply with the state licensure law. This exception shall not 1068
apply to the new construction of any building by such state 1069
facility. This exception shall not apply to any health care 1070
facilities owned and/or operated by counties, municipalities, 1071
districts, unincorporated areas, other defined persons, or any 1072
combination thereof. 1073
(11) The new construction, renovation or expansion of or 1074
addition to any health care facility defined in subparagraph (ii) 1075
(psychiatric hospital), subparagraph (iv) (skilled nursing 1076
facility), subparagraph (vi) (intermediate care facility), 1077
subparagraph (viii) (intermediate care facility for individuals 1078
with intellectual disabilities) and subparagraph (x) (psychiatric 1079
residential treatment facility) of Section 41-7-173(h) which is 1080
owned by the State of Mississippi and under the direction and 1081
control of the State Department of Mental Health, and the addition 1082
of new beds or the conversion of beds from one category to another 1083
in any such defined health care facility which is owned by the 1084
State of Mississippi and under the direction and control of the 1085
State Department of Mental Health, shall not require the issuance 1086
of a certificate of need under Section 41-7-171 et seq., 1087
notwithstanding any provision in Section 41-7-171 et seq. to the 1088
contrary. 1089
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(12) The new construction, renovation or expansion of or 1090
addition to any veterans homes or domiciliaries for eligible 1091
veterans of the State of Mississippi as authorized under Section 1092
35-1-19 shall not require the issuance of a certificate of need, 1093
notwithstanding any provision in Section 41-7-171 et seq. to the 1094
contrary. 1095
(13) The repair or the rebuilding of an existing, operating 1096
health care facility that sustained significant damage from a 1097
natural disaster that occurred after April 15, 2014, in an area 1098
that is proclaimed a disaster area or subject to a state of 1099
emergency by the Governor or by the President of the United States 1100
shall be exempt from all of the requirements of the Mississippi 1101
Certificate of Need Law (Section 41-7-171 et seq.) and any and all 1102
rules and regulations promulgated under that law, subject to the 1103
following conditions: 1104
(a) The repair or the rebuilding of any such damaged 1105
health care facility must be within one (1) mile of the 1106
pre-disaster location of the campus of the damaged health care 1107
facility, except that any temporary post-disaster health care 1108
facility operating location may be within five (5) miles of the 1109
pre-disaster location of the damaged health care facility; 1110
(b) The repair or the rebuilding of the damaged health 1111
care facility (i) does not increase or change the complement of 1112
its bed capacity that it had before the Governor's or the 1113
President's proclamation, (ii) does not increase or change its 1114
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levels and types of health care services that it provided before 1115
the Governor's or the President's proclamation, and (iii) does not 1116
rebuild in a different county; however, this paragraph does not 1117
restrict or prevent a health care facility from decreasing its bed 1118
capacity that it had before the Governor's or the President's 1119
proclamation, or from decreasing the levels of or decreasing or 1120
eliminating the types of health care services that it provided 1121
before the Governor's or the President's proclamation, when the 1122
damaged health care facility is repaired or rebuilt; 1123
(c) The exemption from Certificate of Need Law provided 1124
under this subsection (13) is valid for only five (5) years from 1125
the date of the Governor's or the President's proclamation. If 1126
actual construction has not begun within that five-year period, 1127
the exemption provided under this subsection is inapplicable; and 1128
(d) The Division of Health Facilities Licensure and 1129
Certification of the State Department of Health shall provide the 1130
same oversight for the repair or the rebuilding of the damaged 1131
health care facility that it provides to all health care facility 1132
construction projects in the state. 1133
For the purposes of this subsection (13), "significant 1134
damage" to a health care facility means damage to the health care 1135
facility requiring an expenditure of at least One Million Dollars 1136
($1,000,000.00). 1137
(14) The State Department of Health shall issue a 1138
certificate of need to any hospital which is currently licensed 1139
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for two hundred fifty (250) or more acute care beds and is located 1140
in any general hospital service area not having a comprehensive 1141
cancer center, for the establishment and equipping of such a 1142
center which provides facilities and services for outpatient 1143
radiation oncology therapy, outpatient medical oncology therapy, 1144
and appropriate support services including the provision of 1145
radiation therapy services. The provisions of Section 41-7-193(1) 1146
regarding substantial compliance with the projection of need as 1147
reported in the current State Health Plan are waived for the 1148
purpose of this subsection. 1149
(15) The State Department of Health may authorize the 1150
transfer of hospital beds, not to exceed sixty (60) beds, from the 1151
North Panola Community Hospital to the South Panola Community 1152
Hospital. The authorization for the transfer of those beds shall 1153
be exempt from the certificate of need review process. 1154
(16) The State Department of Health shall issue any 1155
certificates of need necessary for Mississippi State University 1156
and a public or private health care provider to jointly acquire 1157
and operate a linear accelerator and a magnetic resonance imaging 1158
unit. Those certificates of need shall cover all capital 1159
expenditures related to the project between Mississippi State 1160
University and the health care provider, including, but not 1161
limited to, the acquisition of the linear accelerator, the 1162
magnetic resonance imaging unit and other radiological modalities; 1163
the offering of linear accelerator and magnetic resonance imaging 1164
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services; and the cost of construction of facilities in which to 1165
locate these services. The linear accelerator and the magnetic 1166
resonance imaging unit shall be (a) located in the City of 1167
Starkville, Oktibbeha County, Mississippi; (b) operated jointly by 1168
Mississippi State University and the public or private health care 1169
provider selected by Mississippi State University through a 1170
request for proposals (RFP) process in which Mississippi State 1171
University selects, and the Board of Trustees of State 1172
Institutions of Higher Learning approves, the health care provider 1173
that makes the best overall proposal; (c) available to Mississippi 1174
State University for research purposes two-thirds (2/3) of the 1175
time that the linear accelerator and magnetic resonance imaging 1176
unit are operational; and (d) available to the public or private 1177
health care provider selected by Mississippi State University and 1178
approved by the Board of Trustees of State Institutions of Higher 1179
Learning one-third (1/3) of the time for clinical, diagnostic and 1180
treatment purposes. For purposes of this subsection, the 1181
provisions of Section 41-7-193(1) requiring substantial compliance 1182
with the projection of need as reported in the current State 1183
Health Plan are waived. 1184
(17) The State Department of Health shall issue a 1185
certificate of need for the construction of an acute care hospital 1186
in Kemper County, not to exceed twenty-five (25) beds, which shall 1187
be named the "John C. Stennis Memorial Hospital." In issuing the 1188
certificate of need under this subsection, the department shall 1189
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give priority to a hospital located in Lauderdale County that has 1190
two hundred fifteen (215) beds. For purposes of this subsection, 1191
the provisions of Section 41-7-193(1) requiring substantial 1192
compliance with the projection of need as reported in the current 1193
State Health Plan and the provisions of Section 41-7-197 requiring 1194
a formal certificate of need hearing process are waived. There 1195
shall be no prohibition or restrictions on participation in the 1196
Medicaid program (Section 43-13-101 et seq.) for the person or 1197
entity receiving the certificate of need authorized under this 1198
subsection or for the beds constructed under the authority of that 1199
certificate of need. 1200
(18) The planning, design, construction, renovation, 1201
addition, furnishing and equipping of a clinical research unit at 1202
any health care facility defined in Section 41-7-173(h) that is 1203
under the direction and control of the University of Mississippi 1204
Medical Center and located in Jackson, Mississippi, and the 1205
addition of new beds or the conversion of beds from one (1) 1206
category to another in any such clinical research unit, shall not 1207
require the issuance of a certificate of need under Section 1208
41-7-171 et seq., notwithstanding any provision in Section 1209
41-7-171 et seq. to the contrary. 1210
(19) [Repealed] 1211
(20) Nothing in this section or in any other provision of 1212
Section 41-7-171 et seq. shall prevent any nursing facility from 1213
designating an appropriate number of existing beds in the facility 1214
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as beds for providing care exclusively to patients with 1215
Alzheimer's disease. 1216
(21) Nothing in this section or any other provision of 1217
Section 41-7-171 et seq. shall prevent any health care facility 1218
from the new construction, renovation, conversion or expansion of 1219
new beds in the facility designated as intensive care units, 1220
negative pressure rooms, or isolation rooms pursuant to the 1221
provisions of Sections 41-14-1 through 41-14-11, or Section 1222
41-14-31. For purposes of this subsection, the provisions of 1223
Section 41-7-193(1) requiring substantial compliance with the 1224
projection of need as reported in the current State Health Plan 1225
and the provisions of Section 41-7-197 requiring a formal 1226
certificate of need hearing process are waived. 1227
(22) The Tunica County Health Care Authority, Tunica County 1228
Board of Supervisors, or other authorized managing entity may 1229
apply for, and the State Department of Health shall issue, a 1230
certificate of need for the construction of an acute care hospital 1231
in Tunica County upon demonstration of the feasible viability of 1232
such. 1233
For purposes of this subsection, the provisions of Section 1234
47-7-193(1) requiring substantial compliance with the projection 1235
of need as reported in the current State Health Plan and the 1236
provisions of Section 41-7-197 requiring a formal certificate of 1237
need hearing process are waived. 1238
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ST: CON; Health Department shall issue for
construction of an acute care hospital in Tunica
County.
SECTION 2. This act shall take effect and be in force from 1239
and after July 1, 2026. 1240