CON; remove intermediate care facilities for individuals with intellectual disabilities from CON law.

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

By: Representative Barton

HOUSE BILL NO. 41

AN ACT TO AMEND SECTIONS 41-7-173 AND 41-7-191, MISSISSIPPI 1
CODE OF 1972, TO REMOVE INTERMEDIATE CARE FACILITIES FOR 2
INDIVIDUALS WITH INTELLECTUAL DISABILITIES FROM THE HEALTH CARE 3
CERTIFICATE OF NEED LAW; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. Section 41-7-173, Mississippi Code of 1972, is 6
amended as follows: 7
41-7-173. For the purposes of Section 41-7-171 et seq., the 8
following words shall have the meanings ascribed herein, unless 9
the context otherwise requires: 10
(a) "Affected person" means (i) the applicant; (ii) a 11
person residing within the geographic area to be served by the 12
applicant's proposal; (iii) a person who regularly uses health 13
care facilities or HMOs located in the geographic area of the 14
proposal which provide similar service to that which is proposed; 15
(iv) health care facilities and HMOs which have, prior to receipt 16
of the application under review, formally indicated an intention 17
to provide service similar to that of the proposal being 18
considered at a future date; (v) third-party payers who reimburse 19
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health care facilities located in the geographical area of the 20
proposal; or (vi) any agency that establishes rates for health 21
care services or HMOs located in the geographic area of the 22
proposal. 23
(b) "Certificate of need" means a written order of the 24
State Department of Health setting forth the affirmative finding 25
that a proposal in prescribed application form, sufficiently 26
satisfies the plans, standards and criteria prescribed for such 27
service or other project by Section 41-7-171 et seq., and by rules 28
and regulations promulgated thereunder by the State Department of 29
Health. 30
(c) (i) "Capital expenditure," when pertaining to 31
defined major medical equipment, shall mean an expenditure which, 32
under generally accepted accounting principles consistently 33
applied, is not properly chargeable as an expense of operation and 34
maintenance and which exceeds One Million Five Hundred Thousand 35
Dollars ($1,500,000.00). 36
(ii) "Capital expenditure," when pertaining to 37
other than major medical equipment, shall mean any expenditure 38
which under generally accepted accounting principles consistently 39
applied is not properly chargeable as an expense of operation and 40
maintenance and which exceeds, for clinical health services, as 41
defined in paragraph (k) below, Five Million Dollars 42
($5,000,000.00), adjusted for inflation as published by the State 43
Department of Health or which exceeds, for nonclinical health 44
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services, as defined in paragraph (k) below, Ten Million Dollars 45
($10,000,000.00), adjusted for inflation as published by the State 46
Department of Health. 47
(iii) A "capital expenditure" shall include the 48
acquisition, whether by lease, sufferance, gift, devise, legacy, 49
settlement of a trust or other means, of any facility or part 50
thereof, or equipment for a facility, the expenditure for which 51
would have been considered a capital expenditure if acquired by 52
purchase. Transactions which are separated in time but are 53
planned to be undertaken within twelve (12) months of each other 54
and are components of an overall plan for meeting patient care 55
objectives shall, for purposes of this definition, be viewed in 56
their entirety without regard to their timing. 57
(iv) In those instances where a health care 58
facility or other provider of health services proposes to provide 59
a service in which the capital expenditure for major medical 60
equipment or other than major medical equipment or a combination 61
of the two (2) may have been split between separate parties, the 62
total capital expenditure required to provide the proposed service 63
shall be considered in determining the necessity of certificate of 64
need review and in determining the appropriate certificate of need 65
review fee to be paid. The capital expenditure associated with 66
facilities and equipment to provide services in Mississippi shall 67
be considered regardless of where the capital expenditure was 68
made, in state or out of state, and regardless of the domicile of 69
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the party making the capital expenditure, in state or out of 70
state. 71
(d) "Change of ownership" includes, but is not limited 72
to, inter vivos gifts, purchases, transfers, lease arrangements, 73
cash and/or stock transactions or other comparable arrangements 74
whenever any person or entity acquires or controls a majority 75
interest of an existing health care facility, and/or the change of 76
ownership of major medical equipment, a health service, or an 77
institutional health service. Changes of ownership from 78
partnerships, single proprietorships or corporations to another 79
form of ownership are specifically included. However, "change of 80
ownership" shall not include any inherited interest acquired as a 81
result of a testamentary instrument or under the laws of descent 82
and distribution of the State of Mississippi. 83
(e) "Commencement of construction" means that all of 84
the following have been completed with respect to a proposal or 85
project proposing construction, renovating, remodeling or 86
alteration: 87
(i) A legally binding written contract has been 88
consummated by the proponent and a lawfully licensed contractor to 89
construct and/or complete the intent of the proposal within a 90
specified period of time in accordance with final architectural 91
plans which have been approved by the licensing authority of the 92
State Department of Health; 93
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(ii) Any and all permits and/or approvals deemed 94
lawfully necessary by all authorities with responsibility for such 95
have been secured; and 96
(iii) Actual bona fide undertaking of the subject 97
proposal has commenced, and a progress payment of at least one 98
percent (1%) of the total cost price of the contract has been paid 99
to the contractor by the proponent, and the requirements of this 100
paragraph (e) have been certified to in writing by the State 101
Department of Health. 102
Force account expenditures, such as deposits, securities, 103
bonds, et cetera, may, in the discretion of the State Department 104
of Health, be excluded from any or all of the provisions of 105
defined commencement of construction. 106
(f) "Consumer" means an individual who is not a 107
provider of health care as defined in paragraph (q) of this 108
section. 109
(g) "Develop," when used in connection with health 110
services, means to undertake those activities which, on their 111
completion, will result in the offering of a new institutional 112
health service or the incurring of a financial obligation as 113
defined under applicable state law in relation to the offering of 114
such services. 115
(h) "Health care facility" includes hospitals, 116
psychiatric hospitals, chemical dependency hospitals, skilled 117
nursing facilities, end-stage renal disease (ESRD) facilities, 118
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including freestanding hemodialysis units, intermediate care 119
facilities, ambulatory surgical facilities, * * * home health 120
agencies, psychiatric residential treatment facilities, pediatric 121
skilled nursing facilities, long-term care hospitals, 122
comprehensive medical rehabilitation facilities, including 123
facilities owned or operated by the state or a political 124
subdivision or instrumentality of the state, but does not include 125
Christian Science sanatoriums operated or listed and certified by 126
the First Church of Christ, Scientist, Boston, Massachusetts. 127
This definition shall not apply to facilities for the private 128
practice, either independently or by incorporated medical groups, 129
of physicians, dentists or health care professionals except where 130
such facilities are an integral part of an institutional health 131
service. The various health care facilities listed in this 132
paragraph shall be defined as follows: 133
(i) "Hospital" means an institution which is 134
primarily engaged in providing to inpatients, by or under the 135
supervision of physicians, diagnostic services and therapeutic 136
services for medical diagnosis, treatment and care of injured, 137
disabled or sick persons, or rehabilitation services for the 138
rehabilitation of injured, disabled or sick persons. Such term 139
does not include psychiatric hospitals. 140
(ii) "Psychiatric hospital" means an institution 141
which is primarily engaged in providing to inpatients, by or under 142
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the supervision of a physician, psychiatric services for the 143
diagnosis and treatment of persons with mental illness. 144
(iii) "Chemical dependency hospital" means an 145
institution which is primarily engaged in providing to inpatients, 146
by or under the supervision of a physician, medical and related 147
services for the diagnosis and treatment of chemical dependency 148
such as alcohol and drug abuse. 149
(iv) "Skilled nursing facility" means an 150
institution or a distinct part of an institution which is 151
primarily engaged in providing to inpatients skilled nursing care 152
and related services for patients who require medical or nursing 153
care or rehabilitation services for the rehabilitation of injured, 154
disabled or sick persons. 155
(v) "End-stage renal disease (ESRD) facilities" 156
means kidney disease treatment centers, which includes 157
freestanding hemodialysis units and limited care facilities. The 158
term "limited care facility" generally refers to an 159
off-hospital-premises facility, regardless of whether it is 160
provider or nonprovider operated, which is engaged primarily in 161
furnishing maintenance hemodialysis services to stabilized 162
patients. 163
(vi) "Intermediate care facility" means an 164
institution which provides, on a regular basis, health-related 165
care and services to individuals who do not require the degree of 166
care and treatment which a hospital or skilled nursing facility is 167
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designed to provide, but who, because of their mental or physical 168
condition, require health-related care and services (above the 169
level of room and board). 170
(vii) "Ambulatory surgical facility" means a 171
facility primarily organized or established for the purpose of 172
performing surgery for outpatients and is a separate identifiable 173
legal entity from any other health care facility. Such term does 174
not include the offices of private physicians or dentists, whether 175
for individual or group practice, and does not include any 176
abortion facility as defined in Section 41-75-1(f). 177
(viii) * * * [Deleted] 178
(ix) "Home health agency" means a public or 179
privately owned agency or organization, or a subdivision of such 180
an agency or organization, properly authorized to conduct business 181
in Mississippi, which is primarily engaged in providing to 182
individuals at the written direction of a licensed physician, in 183
the individual's place of residence, skilled nursing services 184
provided by or under the supervision of a registered nurse 185
licensed to practice in Mississippi, and one or more of the 186
following services or items: 187
1. Physical, occupational or speech therapy; 188
2. Medical social services; 189
3. Part-time or intermittent services of a 190
home health aide; 191
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4. Other services as approved by the 192
licensing agency for home health agencies; 193
5. Medical supplies, other than drugs and 194
biologicals, and the use of medical appliances; or 195
6. Medical services provided by an intern or 196
resident-in-training at a hospital under a teaching program of 197
such hospital. 198
Further, all skilled nursing services and those services 199
listed in items 1 through 4 of this subparagraph (ix) must be 200
provided directly by the licensed home health agency. For 201
purposes of this subparagraph, "directly" means either through an 202
agency employee or by an arrangement with another individual not 203
defined as a health care facility. 204
This subparagraph (ix) shall not apply to health care 205
facilities which had contracts for the above services with a home 206
health agency on January 1, 1990. 207
(x) "Psychiatric residential treatment facility" 208
means any nonhospital establishment with permanent licensed 209
facilities which provides a twenty-four-hour program of care by 210
qualified therapists, including, but not limited to, duly licensed 211
mental health professionals, psychiatrists, psychologists, 212
psychotherapists and licensed certified social workers, for 213
emotionally disturbed children and adolescents referred to such 214
facility by a court, local school district or by the Department of 215
Human Services, who are not in an acute phase of illness requiring 216
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the services of a psychiatric hospital, and are in need of such 217
restorative treatment services. For purposes of this 218
subparagraph, the term "emotionally disturbed" means a condition 219
exhibiting one or more of the following characteristics over a 220
long period of time and to a marked degree, which adversely 221
affects educational performance: 222
1. An inability to learn which cannot be 223
explained by intellectual, sensory or health factors; 224
2. An inability to build or maintain 225
satisfactory relationships with peers and teachers; 226
3. Inappropriate types of behavior or 227
feelings under normal circumstances; 228
4. A general pervasive mood of unhappiness or 229
depression; or 230
5. A tendency to develop physical symptoms or 231
fears associated with personal or school problems. An 232
establishment furnishing primarily domiciliary care is not within 233
this definition. 234
(xi) "Pediatric skilled nursing facility" means an 235
institution or a distinct part of an institution that is primarily 236
engaged in providing to inpatients skilled nursing care and 237
related services for persons under twenty-one (21) years of age 238
who require medical or nursing care or rehabilitation services for 239
the rehabilitation of injured, disabled or sick persons. 240
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(xii) "Long-term care hospital" means a 241
freestanding, Medicare-certified hospital that has an average 242
length of inpatient stay greater than twenty-five (25) days, which 243
is primarily engaged in providing chronic or long-term medical 244
care to patients who do not require more than three (3) hours of 245
rehabilitation or comprehensive rehabilitation per day, and has a 246
transfer agreement with an acute care medical center and a 247
comprehensive medical rehabilitation facility. Long-term care 248
hospitals shall not use rehabilitation, comprehensive medical 249
rehabilitation, medical rehabilitation, sub-acute rehabilitation, 250
nursing home, skilled nursing facility or sub-acute care facility 251
in association with its name. 252
(xiii) "Comprehensive medical rehabilitation 253
facility" means a hospital or hospital unit that is licensed 254
and/or certified as a comprehensive medical rehabilitation 255
facility which provides specialized programs that are accredited 256
by the Commission on Accreditation of Rehabilitation Facilities 257
and supervised by a physician board certified or board eligible in 258
physiatry or other doctor of medicine or osteopathy with at least 259
two (2) years of training in the medical direction of a 260
comprehensive rehabilitation program that: 261
1. Includes evaluation and treatment of 262
individuals with physical disabilities; 263
2. Emphasizes education and training of 264
individuals with disabilities; 265
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3. Incorporates at least the following core 266
disciplines: 267
a. Physical Therapy; 268
b. Occupational Therapy; 269
c. Speech and Language Therapy; 270
d. Rehabilitation Nursing; and 271
4. Incorporates at least three (3) of the 272
following disciplines: 273
a. Psychology; 274
b. Audiology; 275
c. Respiratory Therapy; 276
d. Therapeutic Recreation; 277
e. Orthotics; 278
f. Prosthetics; 279
g. Special Education; 280
h. Vocational Rehabilitation; 281
i. Psychotherapy; 282
j. Social Work; 283
k. Rehabilitation Engineering. 284
These specialized programs include, but are not limited to: 285
spinal cord injury programs, head injury programs and infant and 286
early childhood development programs. 287
(i) "Health maintenance organization" or "HMO" means a 288
public or private organization organized under the laws of this 289
state or the federal government which: 290
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(i) Provides or otherwise makes available to 291
enrolled participants health care services, including 292
substantially the following basic health care services: usual 293
physician services, hospitalization, laboratory, x-ray, emergency 294
and preventive services, and out-of-area coverage; 295
(ii) Is compensated (except for copayments) for 296
the provision of the basic health care services listed in 297
subparagraph (i) of this paragraph to enrolled participants on a 298
predetermined basis; and 299
(iii) Provides physician services primarily: 300
1. Directly through physicians who are either 301
employees or partners of such organization; or 302
2. Through arrangements with individual 303
physicians or one or more groups of physicians (organized on a 304
group practice or individual practice basis). 305
(j) "Health service area" means a geographic area of 306
the state designated in the State Health Plan as the area to be 307
used in planning for specified health facilities and services and 308
to be used when considering certificate of need applications to 309
provide health facilities and services. 310
(k) "Health services" means clinically related (i.e., 311
diagnostic, treatment or rehabilitative) services and includes 312
alcohol, drug abuse, mental health and home health care services. 313
"Clinical health services" shall only include those activities 314
which contemplate any change in the existing bed complement of any 315
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health care facility through the addition or conversion of any 316
beds, under Section 41-7-191(1)(c) or propose to offer any health 317
services if those services have not been provided on a regular 318
basis by the proposed provider of such services within the period 319
of twelve (12) months prior to the time such services would be 320
offered, under Section 41-7-191(1)(d). "Nonclinical health 321
services" shall be all other services which do not involve any 322
change in the existing bed complement or offering health services 323
as described above. 324
(l) "Institutional health services" shall mean health 325
services provided in or through health care facilities and shall 326
include the entities in or through which such services are 327
provided. 328
(m) "Major medical equipment" means medical equipment 329
designed for providing medical or any health-related service which 330
costs in excess of One Million Five Hundred Thousand Dollars 331
($1,500,000.00). However, this definition shall not be applicable 332
to clinical laboratories if they are determined by the State 333
Department of Health to be independent of any physician's office, 334
hospital or other health care facility or otherwise not so defined 335
by federal or state law, or rules and regulations promulgated 336
thereunder. 337
(n) "State Department of Health" or "department" shall 338
mean the state agency created under Section 41-3-15, which shall 339
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be considered to be the State Health Planning and Development 340
Agency, as defined in paragraph (u) of this section. 341
(o) "Offer," when used in connection with health 342
services, means that it has been determined by the State 343
Department of Health that the health care facility is capable of 344
providing specified health services. 345
(p) "Person" means an individual, a trust or estate, 346
partnership, corporation (including associations, joint-stock 347
companies and insurance companies), the state or a political 348
subdivision or instrumentality of the state. 349
(q) "Provider" shall mean any person who is a provider 350
or representative of a provider of health care services requiring 351
a certificate of need under Section 41-7-171 et seq., or who has 352
any financial or indirect interest in any provider of services. 353
(r) "Radiation therapy services" means the treatment of 354
cancer and other diseases using ionizing radiation of either high 355
energy photons (x-rays or gamma rays) or charged particles 356
(electrons, protons or heavy nuclei). However, for purposes of a 357
certificate of need, radiation therapy services shall not include 358
low energy, superficial, external beam x-ray treatment of 359
superficial skin lesions. 360
(s) "Secretary" means the Secretary of Health and Human 361
Services, and any officer or employee of the Department of Health 362
and Human Services to whom the authority involved has been 363
delegated. 364
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(t) "State Health Plan" means the sole and official 365
statewide health plan for Mississippi which identifies priority 366
state health needs and establishes standards and criteria for 367
health-related activities which require certificate of need review 368
in compliance with Section 41-7-191. 369
(u) "State Health Planning and Development Agency" 370
means the agency of state government designated to perform health 371
planning and resource development programs for the State of 372
Mississippi. 373
SECTION 2. Section 41-7-191, Mississippi Code of 1972, is 374
amended as follows: 375
41-7-191. (1) No person shall engage in any of the 376
following activities without obtaining the required certificate of 377
need: 378
(a) The construction, development or other 379
establishment of a new health care facility, which establishment 380
shall include the reopening of a health care facility that has 381
ceased to operate for a period of sixty (60) months or more; 382
(b) The relocation of a health care facility or portion 383
thereof, or major medical equipment, unless such relocation of a 384
health care facility or portion thereof, or major medical 385
equipment, which does not involve a capital expenditure by or on 386
behalf of a health care facility, is within five thousand two 387
hundred eighty (5,280) feet from the main entrance of the health 388
care facility; 389
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(c) Any change in the existing bed complement of any 390
health care facility through the addition or conversion of any 391
beds or the alteration, modernizing or refurbishing of any unit or 392
department in which the beds may be located; however, if a health 393
care facility has voluntarily delicensed some of its existing bed 394
complement, it may later relicense some or all of its delicensed 395
beds without the necessity of having to acquire a certificate of 396
need. The State Department of Health shall maintain a record of 397
the delicensing health care facility and its voluntarily 398
delicensed beds and continue counting those beds as part of the 399
state's total bed count for health care planning purposes. If a 400
health care facility that has voluntarily delicensed some of its 401
beds later desires to relicense some or all of its voluntarily 402
delicensed beds, it shall notify the State Department of Health of 403
its intent to increase the number of its licensed beds. The State 404
Department of Health shall survey the health care facility within 405
thirty (30) days of that notice and, if appropriate, issue the 406
health care facility a new license reflecting the new contingent 407
of beds. However, in no event may a health care facility that has 408
voluntarily delicensed some of its beds be reissued a license to 409
operate beds in excess of its bed count before the voluntary 410
delicensure of some of its beds without seeking certificate of 411
need approval; 412
(d) Offering of the following health services if those 413
services have not been provided on a regular basis by the proposed 414
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provider of such services within the period of twelve (12) months 415
prior to the time such services would be offered: 416
(i) Open-heart surgery services; 417
(ii) Cardiac catheterization services; 418
(iii) Comprehensive inpatient rehabilitation 419
services; 420
(iv) Licensed psychiatric services; 421
(v) Licensed chemical dependency services; 422
(vi) Radiation therapy services; 423
(vii) Diagnostic imaging services of an invasive 424
nature, i.e. invasive digital angiography; 425
(viii) Nursing home care as defined in 426
subparagraphs (iv) * * * and (vi) * * * of Section 41-7-173(h); 427
(ix) Home health services; 428
(x) Swing-bed services; 429
(xi) Ambulatory surgical services; 430
(xii) Magnetic resonance imaging services; 431
(xiii) [Deleted] 432
(xiv) Long-term care hospital services; 433
(xv) Positron emission tomography (PET) services; 434
(e) The relocation of one or more health services from 435
one physical facility or site to another physical facility or 436
site, unless such relocation, which does not involve a capital 437
expenditure by or on behalf of a health care facility, (i) is to a 438
physical facility or site within five thousand two hundred eighty 439
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(5,280) feet from the main entrance of the health care facility 440
where the health care service is located, or (ii) is the result of 441
an order of a court of appropriate jurisdiction or a result of 442
pending litigation in such court, or by order of the State 443
Department of Health, or by order of any other agency or legal 444
entity of the state, the federal government, or any political 445
subdivision of either, whose order is also approved by the State 446
Department of Health; 447
(f) The acquisition or otherwise control of any major 448
medical equipment for the provision of medical services; however, 449
(i) the acquisition of any major medical equipment used only for 450
research purposes, and (ii) the acquisition of major medical 451
equipment to replace medical equipment for which a facility is 452
already providing medical services and for which the State 453
Department of Health has been notified before the date of such 454
acquisition shall be exempt from this paragraph; an acquisition 455
for less than fair market value must be reviewed, if the 456
acquisition at fair market value would be subject to review; 457
(g) Changes of ownership of existing health care 458
facilities in which a notice of intent is not filed with the State 459
Department of Health at least thirty (30) days prior to the date 460
such change of ownership occurs, or a change in services or bed 461
capacity as prescribed in paragraph (c) or (d) of this subsection 462
as a result of the change of ownership; an acquisition for less 463
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than fair market value must be reviewed, if the acquisition at 464
fair market value would be subject to review; 465
(h) The change of ownership of any health care facility 466
defined in subparagraphs (iv) * * * and (vi) * * * of Section 467
41-7-173(h), in which a notice of intent as described in paragraph 468
(g) has not been filed and if the Executive Director, Division of 469
Medicaid, Office of the Governor, has not certified in writing 470
that there will be no increase in allowable costs to Medicaid from 471
revaluation of the assets or from increased interest and 472
depreciation as a result of the proposed change of ownership; 473
(i) Any activity described in paragraphs (a) through 474
(h) if undertaken by any person if that same activity would 475
require certificate of need approval if undertaken by a health 476
care facility; 477
(j) Any capital expenditure or deferred capital 478
expenditure by or on behalf of a health care facility not covered 479
by paragraphs (a) through (h); 480
(k) The contracting of a health care facility as 481
defined in subparagraphs (i) through (viii) of Section 41-7-173(h) 482
to establish a home office, subunit, or branch office in the space 483
operated as a health care facility through a formal arrangement 484
with an existing health care facility as defined in subparagraph 485
(ix) of Section 41-7-173(h); 486
(l) The replacement or relocation of a health care 487
facility designated as a critical access hospital shall be exempt 488
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from subsection (1) of this section so long as the critical access 489
hospital complies with all applicable federal law and regulations 490
regarding such replacement or relocation; 491
(m) Reopening a health care facility that has ceased to 492
operate for a period of sixty (60) months or more, which reopening 493
requires a certificate of need for the establishment of a new 494
health care facility. 495
(2) The State Department of Health shall not grant approval 496
for or issue a certificate of need to any person proposing the new 497
construction of, addition to, or expansion of any health care 498
facility defined in subparagraphs (iv) (skilled nursing facility) 499
and (vi) (intermediate care facility) of Section 41-7-173(h) or 500
the conversion of vacant hospital beds to provide skilled or 501
intermediate nursing home care, except as hereinafter authorized: 502
(a) The department may issue a certificate of need to 503
any person proposing the new construction of any health care 504
facility defined in subparagraphs (iv) and (vi) of Section 505
41-7-173(h) as part of a life care retirement facility, in any 506
county bordering on the Gulf of Mexico in which is located a 507
National Aeronautics and Space Administration facility, not to 508
exceed forty (40) beds. From and after July 1, 1999, there shall 509
be no prohibition or restrictions on participation in the Medicaid 510
program (Section 43-13-101 et seq.) for the beds in the health 511
care facility that were authorized under this paragraph (a). 512
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(b) The department may issue certificates of need in 513
Harrison County to provide skilled nursing home care for 514
Alzheimer's disease patients and other patients, not to exceed one 515
hundred fifty (150) beds. From and after July 1, 1999, there 516
shall be no prohibition or restrictions on participation in the 517
Medicaid program (Section 43-13-101 et seq.) for the beds in the 518
nursing facilities that were authorized under this paragraph (b). 519
(c) The department may issue a certificate of need for 520
the addition to or expansion of any skilled nursing facility that 521
is part of an existing continuing care retirement community 522
located in Madison County, provided that the recipient of the 523
certificate of need agrees in writing that the skilled nursing 524
facility will not at any time participate in the Medicaid program 525
(Section 43-13-101 et seq.) or admit or keep any patients in the 526
skilled nursing facility who are participating in the Medicaid 527
program. This written agreement by the recipient of the 528
certificate of need shall be fully binding on any subsequent owner 529
of the skilled nursing facility, if the ownership of the facility 530
is transferred at any time after the issuance of the certificate 531
of need. Agreement that the skilled nursing facility will not 532
participate in the Medicaid program shall be a condition of the 533
issuance of a certificate of need to any person under this 534
paragraph (c), and if such skilled nursing facility at any time 535
after the issuance of the certificate of need, regardless of the 536
ownership of the facility, participates in the Medicaid program or 537
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admits or keeps any patients in the facility who are participating 538
in the Medicaid program, the State Department of Health shall 539
revoke the certificate of need, if it is still outstanding, and 540
shall deny or revoke the license of the skilled nursing facility, 541
at the time that the department determines, after a hearing 542
complying with due process, that the facility has failed to comply 543
with any of the conditions upon which the certificate of need was 544
issued, as provided in this paragraph and in the written agreement 545
by the recipient of the certificate of need. The total number of 546
beds that may be authorized under the authority of this paragraph 547
(c) shall not exceed sixty (60) beds. 548
(d) The State Department of Health may issue a 549
certificate of need to any hospital located in DeSoto County for 550
the new construction of a skilled nursing facility, not to exceed 551
one hundred twenty (120) beds, in DeSoto County. From and after 552
July 1, 1999, there shall be no prohibition or restrictions on 553
participation in the Medicaid program (Section 43-13-101 et seq.) 554
for the beds in the nursing facility that were authorized under 555
this paragraph (d). 556
(e) The State Department of Health may issue a 557
certificate of need for the construction of a nursing facility or 558
the conversion of beds to nursing facility beds at a personal care 559
facility for the elderly in Lowndes County that is owned and 560
operated by a Mississippi nonprofit corporation, not to exceed 561
sixty (60) beds. From and after July 1, 1999, there shall be no 562
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prohibition or restrictions on participation in the Medicaid 563
program (Section 43-13-101 et seq.) for the beds in the nursing 564
facility that were authorized under this paragraph (e). 565
(f) The State Department of Health may issue a 566
certificate of need for conversion of a county hospital facility 567
in Itawamba County to a nursing facility, not to exceed sixty (60) 568
beds, including any necessary construction, renovation or 569
expansion. From and after July 1, 1999, there shall be no 570
prohibition or restrictions on participation in the Medicaid 571
program (Section 43-13-101 et seq.) for the beds in the nursing 572
facility that were authorized under this paragraph (f). 573
(g) The State Department of Health may issue a 574
certificate of need for the construction or expansion of nursing 575
facility beds or the conversion of other beds to nursing facility 576
beds in either Hinds, Madison or Rankin County, not to exceed 577
sixty (60) beds. From and after July 1, 1999, there shall be no 578
prohibition or restrictions on participation in the Medicaid 579
program (Section 43-13-101 et seq.) for the beds in the nursing 580
facility that were authorized under this paragraph (g). 581
(h) The State Department of Health may issue a 582
certificate of need for the construction or expansion of nursing 583
facility beds or the conversion of other beds to nursing facility 584
beds in either Hancock, Harrison or Jackson County, not to exceed 585
sixty (60) beds. From and after July 1, 1999, there shall be no 586
prohibition or restrictions on participation in the Medicaid 587
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program (Section 43-13-101 et seq.) for the beds in the facility 588
that were authorized under this paragraph (h). 589
(i) The department may issue a certificate of need for 590
the new construction of a skilled nursing facility in Leake 591
County, provided that the recipient of the certificate of need 592
agrees in writing that the skilled nursing facility will not at 593
any time participate in the Medicaid program (Section 43-13-101 et 594
seq.) or admit or keep any patients in the skilled nursing 595
facility who are participating in the Medicaid program. This 596
written agreement by the recipient of the certificate of need 597
shall be fully binding on any subsequent owner of the skilled 598
nursing facility, if the ownership of the facility is transferred 599
at any time after the issuance of the certificate of need. 600
Agreement that the skilled nursing facility will not participate 601
in the Medicaid program shall be a condition of the issuance of a 602
certificate of need to any person under this paragraph (i), and if 603
such skilled nursing facility at any time after the issuance of 604
the certificate of need, regardless of the ownership of the 605
facility, participates in the Medicaid program or admits or keeps 606
any patients in the facility who are participating in the Medicaid 607
program, the State Department of Health shall revoke the 608
certificate of need, if it is still outstanding, and shall deny or 609
revoke the license of the skilled nursing facility, at the time 610
that the department determines, after a hearing complying with due 611
process, that the facility has failed to comply with any of the 612
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conditions upon which the certificate of need was issued, as 613
provided in this paragraph and in the written agreement by the 614
recipient of the certificate of need. The provision of Section 615
41-7-193(1) regarding substantial compliance of the projection of 616
need as reported in the current State Health Plan is waived for 617
the purposes of this paragraph. The total number of nursing 618
facility beds that may be authorized by any certificate of need 619
issued under this paragraph (i) shall not exceed sixty (60) beds. 620
If the skilled nursing facility authorized by the certificate of 621
need issued under this paragraph is not constructed and fully 622
operational within eighteen (18) months after July 1, 1994, the 623
State Department of Health, after a hearing complying with due 624
process, shall revoke the certificate of need, if it is still 625
outstanding, and shall not issue a license for the skilled nursing 626
facility at any time after the expiration of the eighteen-month 627
period. 628
(j) The department may issue certificates of need to 629
allow any existing freestanding long-term care facility in 630
Tishomingo County and Hancock County that on July 1, 1995, is 631
licensed with fewer than sixty (60) beds. For the purposes of 632
this paragraph (j), the provisions of Section 41-7-193(1) 633
requiring substantial compliance with the projection of need as 634
reported in the current State Health Plan are waived. From and 635
after July 1, 1999, there shall be no prohibition or restrictions 636
on participation in the Medicaid program (Section 43-13-101 et 637
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seq.) for the beds in the long-term care facilities that were 638
authorized under this paragraph (j). 639
(k) The department may issue a certificate of need for 640
the construction of a nursing facility at a continuing care 641
retirement community in Lowndes County. The total number of beds 642
that may be authorized under the authority of this paragraph (k) 643
shall not exceed sixty (60) beds. From and after July 1, 2001, 644
the prohibition on the facility participating in the Medicaid 645
program (Section 43-13-101 et seq.) that was a condition of 646
issuance of the certificate of need under this paragraph (k) shall 647
be revised as follows: The nursing facility may participate in 648
the Medicaid program from and after July 1, 2001, if the owner of 649
the facility on July 1, 2001, agrees in writing that no more than 650
thirty (30) of the beds at the facility will be certified for 651
participation in the Medicaid program, and that no claim will be 652
submitted for Medicaid reimbursement for more than thirty (30) 653
patients in the facility in any month or for any patient in the 654
facility who is in a bed that is not Medicaid-certified. This 655
written agreement by the owner of the facility shall be a 656
condition of licensure of the facility, and the agreement shall be 657
fully binding on any subsequent owner of the facility if the 658
ownership of the facility is transferred at any time after July 1, 659
2001. After this written agreement is executed, the Division of 660
Medicaid and the State Department of Health shall not certify more 661
than thirty (30) of the beds in the facility for participation in 662
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the Medicaid program. If the facility violates the terms of the 663
written agreement by admitting or keeping in the facility on a 664
regular or continuing basis more than thirty (30) patients who are 665
participating in the Medicaid program, the State Department of 666
Health shall revoke the license of the facility, at the time that 667
the department determines, after a hearing complying with due 668
process, that the facility has violated the written agreement. 669
(l) Provided that funds are specifically appropriated 670
therefor by the Legislature, the department may issue a 671
certificate of need to a rehabilitation hospital in Hinds County 672
for the construction of a sixty-bed long-term care nursing 673
facility dedicated to the care and treatment of persons with 674
severe disabilities including persons with spinal cord and 675
closed-head injuries and ventilator dependent patients. The 676
provisions of Section 41-7-193(1) regarding substantial compliance 677
with projection of need as reported in the current State Health 678
Plan are waived for the purpose of this paragraph. 679
(m) The State Department of Health may issue a 680
certificate of need to a county-owned hospital in the Second 681
Judicial District of Panola County for the conversion of not more 682
than seventy-two (72) hospital beds to nursing facility beds, 683
provided that the recipient of the certificate of need agrees in 684
writing that none of the beds at the nursing facility will be 685
certified for participation in the Medicaid program (Section 686
43-13-101 et seq.), and that no claim will be submitted for 687
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Medicaid reimbursement in the nursing facility in any day or for 688
any patient in the nursing facility. This written agreement by 689
the recipient of the certificate of need shall be a condition of 690
the issuance of the certificate of need under this paragraph, and 691
the agreement shall be fully binding on any subsequent owner of 692
the nursing facility if the ownership of the nursing facility is 693
transferred at any time after the issuance of the certificate of 694
need. After this written agreement is executed, the Division of 695
Medicaid and the State Department of Health shall not certify any 696
of the beds in the nursing facility for participation in the 697
Medicaid program. If the nursing facility violates the terms of 698
the written agreement by admitting or keeping in the nursing 699
facility on a regular or continuing basis any patients who are 700
participating in the Medicaid program, the State Department of 701
Health shall revoke the license of the nursing facility, at the 702
time that the department determines, after a hearing complying 703
with due process, that the nursing facility has violated the 704
condition upon which the certificate of need was issued, as 705
provided in this paragraph and in the written agreement. If the 706
certificate of need authorized under this paragraph is not issued 707
within twelve (12) months after July 1, 2001, the department shall 708
deny the application for the certificate of need and shall not 709
issue the certificate of need at any time after the twelve-month 710
period, unless the issuance is contested. If the certificate of 711
need is issued and substantial construction of the nursing 712
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facility beds has not commenced within eighteen (18) months after 713
July 1, 2001, the State Department of Health, after a hearing 714
complying with due process, shall revoke the certificate of need 715
if it is still outstanding, and the department shall not issue a 716
license for the nursing facility at any time after the 717
eighteen-month period. However, if the issuance of the 718
certificate of need is contested, the department shall require 719
substantial construction of the nursing facility beds within six 720
(6) months after final adjudication on the issuance of the 721
certificate of need. 722
(n) The department may issue a certificate of need for 723
the new construction, addition or conversion of skilled nursing 724
facility beds in Madison County, provided that the recipient of 725
the certificate of need agrees in writing that the skilled nursing 726
facility will not at any time participate in the Medicaid program 727
(Section 43-13-101 et seq.) or admit or keep any patients in the 728
skilled nursing facility who are participating in the Medicaid 729
program. This written agreement by the recipient of the 730
certificate of need shall be fully binding on any subsequent owner 731
of the skilled nursing facility, if the ownership of the facility 732
is transferred at any time after the issuance of the certificate 733
of need. Agreement that the skilled nursing facility will not 734
participate in the Medicaid program shall be a condition of the 735
issuance of a certificate of need to any person under this 736
paragraph (n), and if such skilled nursing facility at any time 737
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after the issuance of the certificate of need, regardless of the 738
ownership of the facility, participates in the Medicaid program or 739
admits or keeps any patients in the facility who are participating 740
in the Medicaid program, the State Department of Health shall 741
revoke the certificate of need, if it is still outstanding, and 742
shall deny or revoke the license of the skilled nursing facility, 743
at the time that the department determines, after a hearing 744
complying with due process, that the facility has failed to comply 745
with any of the conditions upon which the certificate of need was 746
issued, as provided in this paragraph and in the written agreement 747
by the recipient of the certificate of need. The total number of 748
nursing facility beds that may be authorized by any certificate of 749
need issued under this paragraph (n) shall not exceed sixty (60) 750
beds. If the certificate of need authorized under this paragraph 751
is not issued within twelve (12) months after July 1, 1998, the 752
department shall deny the application for the certificate of need 753
and shall not issue the certificate of need at any time after the 754
twelve-month period, unless the issuance is contested. If the 755
certificate of need is issued and substantial construction of the 756
nursing facility beds has not commenced within eighteen (18) 757
months after July 1, 1998, the State Department of Health, after a 758
hearing complying with due process, shall revoke the certificate 759
of need if it is still outstanding, and the department shall not 760
issue a license for the nursing facility at any time after the 761
eighteen-month period. However, if the issuance of the 762
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certificate of need is contested, the department shall require 763
substantial construction of the nursing facility beds within six 764
(6) months after final adjudication on the issuance of the 765
certificate of need. 766
(o) The department may issue a certificate of need for 767
the new construction, addition or conversion of skilled nursing 768
facility beds in Leake County, provided that the recipient of the 769
certificate of need agrees in writing that the skilled nursing 770
facility will not at any time participate in the Medicaid program 771
(Section 43-13-101 et seq.) or admit or keep any patients in the 772
skilled nursing facility who are participating in the Medicaid 773
program. This written agreement by the recipient of the 774
certificate of need shall be fully binding on any subsequent owner 775
of the skilled nursing facility, if the ownership of the facility 776
is transferred at any time after the issuance of the certificate 777
of need. Agreement that the skilled nursing facility will not 778
participate in the Medicaid program shall be a condition of the 779
issuance of a certificate of need to any person under this 780
paragraph (o), and if such skilled nursing facility at any time 781
after the issuance of the certificate of need, regardless of the 782
ownership of the facility, participates in the Medicaid program or 783
admits or keeps any patients in the facility who are participating 784
in the Medicaid program, the State Department of Health shall 785
revoke the certificate of need, if it is still outstanding, and 786
shall deny or revoke the license of the skilled nursing facility, 787
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at the time that the department determines, after a hearing 788
complying with due process, that the facility has failed to comply 789
with any of the conditions upon which the certificate of need was 790
issued, as provided in this paragraph and in the written agreement 791
by the recipient of the certificate of need. The total number of 792
nursing facility beds that may be authorized by any certificate of 793
need issued under this paragraph (o) shall not exceed sixty (60) 794
beds. If the certificate of need authorized under this paragraph 795
is not issued within twelve (12) months after July 1, 2001, the 796
department shall deny the application for the certificate of need 797
and shall not issue the certificate of need at any time after the 798
twelve-month period, unless the issuance is contested. If the 799
certificate of need is issued and substantial construction of the 800
nursing facility beds has not commenced within eighteen (18) 801
months after July 1, 2001, the State Department of Health, after a 802
hearing complying with due process, shall revoke the certificate 803
of need if it is still outstanding, and the department shall not 804
issue a license for the nursing facility at any time after the 805
eighteen-month period. However, if the issuance of the 806
certificate of need is contested, the department shall require 807
substantial construction of the nursing facility beds within six 808
(6) months after final adjudication on the issuance of the 809
certificate of need. 810
(p) The department may issue a certificate of need for 811
the construction of a municipally owned nursing facility within 812
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the Town of Belmont in Tishomingo County, not to exceed sixty (60) 813
beds, provided that the recipient of the certificate of need 814
agrees in writing that the skilled nursing facility will not at 815
any time participate in the Medicaid program (Section 43-13-101 et 816
seq.) or admit or keep any patients in the skilled nursing 817
facility who are participating in the Medicaid program. This 818
written agreement by the recipient of the certificate of need 819
shall be fully binding on any subsequent owner of the skilled 820
nursing facility, if the ownership of the facility is transferred 821
at any time after the issuance of the certificate of need. 822
Agreement that the skilled nursing facility will not participate 823
in the Medicaid program shall be a condition of the issuance of a 824
certificate of need to any person under this paragraph (p), and if 825
such skilled nursing facility at any time after the issuance of 826
the certificate of need, regardless of the ownership of the 827
facility, participates in the Medicaid program or admits or keeps 828
any patients in the facility who are participating in the Medicaid 829
program, the State Department of Health shall revoke the 830
certificate of need, if it is still outstanding, and shall deny or 831
revoke the license of the skilled nursing facility, at the time 832
that the department determines, after a hearing complying with due 833
process, that the facility has failed to comply with any of the 834
conditions upon which the certificate of need was issued, as 835
provided in this paragraph and in the written agreement by the 836
recipient of the certificate of need. The provision of Section 837
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41-7-193(1) regarding substantial compliance of the projection of 838
need as reported in the current State Health Plan is waived for 839
the purposes of this paragraph. If the certificate of need 840
authorized under this paragraph is not issued within twelve (12) 841
months after July 1, 1998, the department shall deny the 842
application for the certificate of need and shall not issue the 843
certificate of need at any time after the twelve-month period, 844
unless the issuance is contested. If the certificate of need is 845
issued and substantial construction of the nursing facility beds 846
has not commenced within eighteen (18) months after July 1, 1998, 847
the State Department of Health, after a hearing complying with due 848
process, shall revoke the certificate of need if it is still 849
outstanding, and the department shall not issue a license for the 850
nursing facility at any time after the eighteen-month period. 851
However, if the issuance of the certificate of need is contested, 852
the department shall require substantial construction of the 853
nursing facility beds within six (6) months after final 854
adjudication on the issuance of the certificate of need. 855
(q) (i) Beginning on July 1, 1999, the State 856
Department of Health shall issue certificates of need during each 857
of the next four (4) fiscal years for the construction or 858
expansion of nursing facility beds or the conversion of other beds 859
to nursing facility beds in each county in the state having a need 860
for fifty (50) or more additional nursing facility beds, as shown 861
in the fiscal year 1999 State Health Plan, in the manner provided 862
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in this paragraph (q). The total number of nursing facility beds 863
that may be authorized by any certificate of need authorized under 864
this paragraph (q) shall not exceed sixty (60) beds. 865
(ii) Subject to the provisions of subparagraph 866
(v), during each of the next four (4) fiscal years, the department 867
shall issue six (6) certificates of need for new nursing facility 868
beds, as follows: During fiscal years 2000, 2001 and 2002, one 869
(1) certificate of need shall be issued for new nursing facility 870
beds in the county in each of the four (4) Long-Term Care Planning 871
Districts designated in the fiscal year 1999 State Health Plan 872
that has the highest need in the district for those beds; and two 873
(2) certificates of need shall be issued for new nursing facility 874
beds in the two (2) counties from the state at large that have the 875
highest need in the state for those beds, when considering the 876
need on a statewide basis and without regard to the Long-Term Care 877
Planning Districts in which the counties are located. During 878
fiscal year 2003, one (1) certificate of need shall be issued for 879
new nursing facility beds in any county having a need for fifty 880
(50) or more additional nursing facility beds, as shown in the 881
fiscal year 1999 State Health Plan, that has not received a 882
certificate of need under this paragraph (q) during the three (3) 883
previous fiscal years. During fiscal year 2000, in addition to 884
the six (6) certificates of need authorized in this subparagraph, 885
the department also shall issue a certificate of need for new 886
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nursing facility beds in Amite County and a certificate of need 887
for new nursing facility beds in Carroll County. 888
(iii) Subject to the provisions of subparagraph 889
(v), the certificate of need issued under subparagraph (ii) for 890
nursing facility beds in each Long-Term Care Planning District 891
during each fiscal year shall first be available for nursing 892
facility beds in the county in the district having the highest 893
need for those beds, as shown in the fiscal year 1999 State Health 894
Plan. If there are no applications for a certificate of need for 895
nursing facility beds in the county having the highest need for 896
those beds by the date specified by the department, then the 897
certificate of need shall be available for nursing facility beds 898
in other counties in the district in descending order of the need 899
for those beds, from the county with the second highest need to 900
the county with the lowest need, until an application is received 901
for nursing facility beds in an eligible county in the district. 902
(iv) Subject to the provisions of subparagraph 903
(v), the certificate of need issued under subparagraph (ii) for 904
nursing facility beds in the two (2) counties from the state at 905
large during each fiscal year shall first be available for nursing 906
facility beds in the two (2) counties that have the highest need 907
in the state for those beds, as shown in the fiscal year 1999 908
State Health Plan, when considering the need on a statewide basis 909
and without regard to the Long-Term Care Planning Districts in 910
which the counties are located. If there are no applications for 911
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a certificate of need for nursing facility beds in either of the 912
two (2) counties having the highest need for those beds on a 913
statewide basis by the date specified by the department, then the 914
certificate of need shall be available for nursing facility beds 915
in other counties from the state at large in descending order of 916
the need for those beds on a statewide basis, from the county with 917
the second highest need to the county with the lowest need, until 918
an application is received for nursing facility beds in an 919
eligible county from the state at large. 920
(v) If a certificate of need is authorized to be 921
issued under this paragraph (q) for nursing facility beds in a 922
county on the basis of the need in the Long-Term Care Planning 923
District during any fiscal year of the four-year period, a 924
certificate of need shall not also be available under this 925
paragraph (q) for additional nursing facility beds in that county 926
on the basis of the need in the state at large, and that county 927
shall be excluded in determining which counties have the highest 928
need for nursing facility beds in the state at large for that 929
fiscal year. After a certificate of need has been issued under 930
this paragraph (q) for nursing facility beds in a county during 931
any fiscal year of the four-year period, a certificate of need 932
shall not be available again under this paragraph (q) for 933
additional nursing facility beds in that county during the 934
four-year period, and that county shall be excluded in determining 935
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which counties have the highest need for nursing facility beds in 936
succeeding fiscal years. 937
(vi) If more than one (1) application is made for 938
a certificate of need for nursing home facility beds available 939
under this paragraph (q), in Yalobusha, Newton or Tallahatchie 940
County, and one (1) of the applicants is a county-owned hospital 941
located in the county where the nursing facility beds are 942
available, the department shall give priority to the county-owned 943
hospital in granting the certificate of need if the following 944
conditions are met: 945
1. The county-owned hospital fully meets all 946
applicable criteria and standards required to obtain a certificate 947
of need for the nursing facility beds; and 948
2. The county-owned hospital's qualifications 949
for the certificate of need, as shown in its application and as 950
determined by the department, are at least equal to the 951
qualifications of the other applicants for the certificate of 952
need. 953
(r) (i) Beginning on July 1, 1999, the State 954
Department of Health shall issue certificates of need during each 955
of the next two (2) fiscal years for the construction or expansion 956
of nursing facility beds or the conversion of other beds to 957
nursing facility beds in each of the four (4) Long-Term Care 958
Planning Districts designated in the fiscal year 1999 State Health 959
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Plan, to provide care exclusively to patients with Alzheimer's 960
disease. 961
(ii) Not more than twenty (20) beds may be 962
authorized by any certificate of need issued under this paragraph 963
(r), and not more than a total of sixty (60) beds may be 964
authorized in any Long-Term Care Planning District by all 965
certificates of need issued under this paragraph (r). However, 966
the total number of beds that may be authorized by all 967
certificates of need issued under this paragraph (r) during any 968
fiscal year shall not exceed one hundred twenty (120) beds, and 969
the total number of beds that may be authorized in any Long-Term 970
Care Planning District during any fiscal year shall not exceed 971
forty (40) beds. Of the certificates of need that are issued for 972
each Long-Term Care Planning District during the next two (2) 973
fiscal years, at least one (1) shall be issued for beds in the 974
northern part of the district, at least one (1) shall be issued 975
for beds in the central part of the district, and at least one (1) 976
shall be issued for beds in the southern part of the district. 977
(iii) The State Department of Health, in 978
consultation with the Department of Mental Health and the Division 979
of Medicaid, shall develop and prescribe the staffing levels, 980
space requirements and other standards and requirements that must 981
be met with regard to the nursing facility beds authorized under 982
this paragraph (r) to provide care exclusively to patients with 983
Alzheimer's disease. 984
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(s) The State Department of Health may issue a 985
certificate of need to a nonprofit skilled nursing facility using 986
the Green House model of skilled nursing care and located in Yazoo 987
City, Yazoo County, Mississippi, for the construction, expansion 988
or conversion of not more than nineteen (19) nursing facility 989
beds. For purposes of this paragraph (s), the provisions of 990
Section 41-7-193(1) requiring substantial compliance with the 991
projection of need as reported in the current State Health Plan 992
and the provisions of Section 41-7-197 requiring a formal 993
certificate of need hearing process are waived. There shall be no 994
prohibition or restrictions on participation in the Medicaid 995
program for the person receiving the certificate of need 996
authorized under this paragraph (s). 997
(t) The State Department of Health shall issue 998
certificates of need to the owner of a nursing facility in 999
operation at the time of Hurricane Katrina in Hancock County that 1000
was not operational on December 31, 2005, because of damage 1001
sustained from Hurricane Katrina to authorize the following: (i) 1002
the construction of a new nursing facility in Harrison County; 1003
(ii) the relocation of forty-nine (49) nursing facility beds from 1004
the Hancock County facility to the new Harrison County facility; 1005
(iii) the establishment of not more than twenty (20) non-Medicaid 1006
nursing facility beds at the Hancock County facility; and (iv) the 1007
establishment of not more than twenty (20) non-Medicaid beds at 1008
the new Harrison County facility. The certificates of need that 1009
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authorize the non-Medicaid nursing facility beds under 1010
subparagraphs (iii) and (iv) of this paragraph (t) shall be 1011
subject to the following conditions: The owner of the Hancock 1012
County facility and the new Harrison County facility must agree in 1013
writing that no more than fifty (50) of the beds at the Hancock 1014
County facility and no more than forty-nine (49) of the beds at 1015
the Harrison County facility will be certified for participation 1016
in the Medicaid program, and that no claim will be submitted for 1017
Medicaid reimbursement for more than fifty (50) patients in the 1018
Hancock County facility in any month, or for more than forty-nine 1019
(49) patients in the Harrison County facility in any month, or for 1020
any patient in either facility who is in a bed that is not 1021
Medicaid-certified. This written agreement by the owner of the 1022
nursing facilities shall be a condition of the issuance of the 1023
certificates of need under this paragraph (t), and the agreement 1024
shall be fully binding on any later owner or owners of either 1025
facility if the ownership of either facility is transferred at any 1026
time after the certificates of need are issued. After this 1027
written agreement is executed, the Division of Medicaid and the 1028
State Department of Health shall not certify more than fifty (50) 1029
of the beds at the Hancock County facility or more than forty-nine 1030
(49) of the beds at the Harrison County facility for participation 1031
in the Medicaid program. If the Hancock County facility violates 1032
the terms of the written agreement by admitting or keeping in the 1033
facility on a regular or continuing basis more than fifty (50) 1034
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patients who are participating in the Medicaid program, or if the 1035
Harrison County facility violates the terms of the written 1036
agreement by admitting or keeping in the facility on a regular or 1037
continuing basis more than forty-nine (49) patients who are 1038
participating in the Medicaid program, the State Department of 1039
Health shall revoke the license of the facility that is in 1040
violation of the agreement, at the time that the department 1041
determines, after a hearing complying with due process, that the 1042
facility has violated the agreement. 1043
(u) The State Department of Health shall issue a 1044
certificate of need to a nonprofit venture for the establishment, 1045
construction and operation of a skilled nursing facility of not 1046
more than sixty (60) beds to provide skilled nursing care for 1047
ventilator dependent or otherwise medically dependent pediatric 1048
patients who require medical and nursing care or rehabilitation 1049
services to be located in a county in which an academic medical 1050
center and a children's hospital are located, and for any 1051
construction and for the acquisition of equipment related to those 1052
beds. The facility shall be authorized to keep such ventilator 1053
dependent or otherwise medically dependent pediatric patients 1054
beyond age twenty-one (21) in accordance with regulations of the 1055
State Board of Health. For purposes of this paragraph (u), the 1056
provisions of Section 41-7-193(1) requiring substantial compliance 1057
with the projection of need as reported in the current State 1058
Health Plan are waived, and the provisions of Section 41-7-197 1059
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requiring a formal certificate of need hearing process are waived. 1060
The beds authorized by this paragraph shall be counted as 1061
pediatric skilled nursing facility beds for health planning 1062
purposes under Section 41-7-171 et seq. There shall be no 1063
prohibition of or restrictions on participation in the Medicaid 1064
program for the person receiving the certificate of need 1065
authorized by this paragraph. 1066
(3) The State Department of Health may grant approval for 1067
and issue certificates of need to any person proposing the new 1068
construction of, addition to, conversion of beds of or expansion 1069
of any health care facility defined in subparagraph (x) 1070
(psychiatric residential treatment facility) of Section 1071
41-7-173(h). The total number of beds which may be authorized by 1072
such certificates of need shall not exceed three hundred 1073
thirty-four (334) beds for the entire state. 1074
(a) Of the total number of beds authorized under this 1075
subsection, the department shall issue a certificate of need to a 1076
privately owned psychiatric residential treatment facility in 1077
Simpson County for the conversion of sixteen (16) intermediate 1078
care facility for individuals with intellectual disabilities 1079
(ICF-IID) beds to psychiatric residential treatment facility beds, 1080
provided that facility agrees in writing that the facility shall 1081
give priority for the use of those sixteen (16) beds to 1082
Mississippi residents who are presently being treated in 1083
out-of-state facilities. 1084
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(b) Of the total number of beds authorized under this 1085
subsection, the department may issue a certificate or certificates 1086
of need for the construction or expansion of psychiatric 1087
residential treatment facility beds or the conversion of other 1088
beds to psychiatric residential treatment facility beds in Warren 1089
County, not to exceed sixty (60) psychiatric residential treatment 1090
facility beds, provided that the facility agrees in writing that 1091
no more than thirty (30) of the beds at the psychiatric 1092
residential treatment facility will be certified for participation 1093
in the Medicaid program (Section 43-13-101 et seq.) for the use of 1094
any patients other than those who are participating only in the 1095
Medicaid program of another state, and that no claim will be 1096
submitted to the Division of Medicaid for Medicaid reimbursement 1097
for more than thirty (30) patients in the psychiatric residential 1098
treatment facility in any day or for any patient in the 1099
psychiatric residential treatment facility who is in a bed that is 1100
not Medicaid-certified. This written agreement by the recipient 1101
of the certificate of need shall be a condition of the issuance of 1102
the certificate of need under this paragraph, and the agreement 1103
shall be fully binding on any subsequent owner of the psychiatric 1104
residential treatment facility if the ownership of the facility is 1105
transferred at any time after the issuance of the certificate of 1106
need. After this written agreement is executed, the Division of 1107
Medicaid and the State Department of Health shall not certify more 1108
than thirty (30) of the beds in the psychiatric residential 1109
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treatment facility for participation in the Medicaid program for 1110
the use of any patients other than those who are participating 1111
only in the Medicaid program of another state. If the psychiatric 1112
residential treatment facility violates the terms of the written 1113
agreement by admitting or keeping in the facility on a regular or 1114
continuing basis more than thirty (30) patients who are 1115
participating in the Mississippi Medicaid program, the State 1116
Department of Health shall revoke the license of the facility, at 1117
the time that the department determines, after a hearing complying 1118
with due process, that the facility has violated the condition 1119
upon which the certificate of need was issued, as provided in this 1120
paragraph and in the written agreement. 1121
The State Department of Health, on or before July 1, 2002, 1122
shall transfer the certificate of need authorized under the 1123
authority of this paragraph (b), or reissue the certificate of 1124
need if it has expired, to River Region Health System. 1125
(c) Of the total number of beds authorized under this 1126
subsection, the department shall issue a certificate of need to a 1127
hospital currently operating Medicaid-certified acute psychiatric 1128
beds for adolescents in DeSoto County, for the establishment of a 1129
forty-bed psychiatric residential treatment facility in DeSoto 1130
County, provided that the hospital agrees in writing (i) that the 1131
hospital shall give priority for the use of those forty (40) beds 1132
to Mississippi residents who are presently being treated in 1133
out-of-state facilities, and (ii) that no more than fifteen (15) 1134
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of the beds at the psychiatric residential treatment facility will 1135
be certified for participation in the Medicaid program (Section 1136
43-13-101 et seq.), and that no claim will be submitted for 1137
Medicaid reimbursement for more than fifteen (15) patients in the 1138
psychiatric residential treatment facility in any day or for any 1139
patient in the psychiatric residential treatment facility who is 1140
in a bed that is not Medicaid-certified. This written agreement 1141
by the recipient of the certificate of need shall be a condition 1142
of the issuance of the certificate of need under this paragraph, 1143
and the agreement shall be fully binding on any subsequent owner 1144
of the psychiatric residential treatment facility if the ownership 1145
of the facility is transferred at any time after the issuance of 1146
the certificate of need. After this written agreement is 1147
executed, the Division of Medicaid and the State Department of 1148
Health shall not certify more than fifteen (15) of the beds in the 1149
psychiatric residential treatment facility for participation in 1150
the Medicaid program. If the psychiatric residential treatment 1151
facility violates the terms of the written agreement by admitting 1152
or keeping in the facility on a regular or continuing basis more 1153
than fifteen (15) patients who are participating in the Medicaid 1154
program, the State Department of Health shall revoke the license 1155
of the facility, at the time that the department determines, after 1156
a hearing complying with due process, that the facility has 1157
violated the condition upon which the certificate of need was 1158
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issued, as provided in this paragraph and in the written 1159
agreement. 1160
(d) Of the total number of beds authorized under this 1161
subsection, the department may issue a certificate or certificates 1162
of need for the construction or expansion of psychiatric 1163
residential treatment facility beds or the conversion of other 1164
beds to psychiatric treatment facility beds, not to exceed thirty 1165
(30) psychiatric residential treatment facility beds, in either 1166
Alcorn, Tishomingo, Prentiss, Lee, Itawamba, Monroe, Chickasaw, 1167
Pontotoc, Calhoun, Lafayette, Union, Benton or Tippah County. 1168
(e) Of the total number of beds authorized under this 1169
subsection (3) the department shall issue a certificate of need to 1170
a privately owned, nonprofit psychiatric residential treatment 1171
facility in Hinds County for an eight-bed expansion of the 1172
facility, provided that the facility agrees in writing that the 1173
facility shall give priority for the use of those eight (8) beds 1174
to Mississippi residents who are presently being treated in 1175
out-of-state facilities. 1176
(f) The department shall issue a certificate of need to 1177
a one-hundred-thirty-four-bed specialty hospital located on 1178
twenty-nine and forty-four one-hundredths (29.44) commercial acres 1179
at 5900 Highway 39 North in Meridian (Lauderdale County), 1180
Mississippi, for the addition, construction or expansion of 1181
child/adolescent psychiatric residential treatment facility beds 1182
in Lauderdale County. As a condition of issuance of the 1183
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certificate of need under this paragraph, the facility shall give 1184
priority in admissions to the child/adolescent psychiatric 1185
residential treatment facility beds authorized under this 1186
paragraph to patients who otherwise would require out-of-state 1187
placement. The Division of Medicaid, in conjunction with the 1188
Department of Human Services, shall furnish the facility a list of 1189
all out-of-state patients on a quarterly basis. Furthermore, 1190
notice shall also be provided to the parent, custodial parent or 1191
guardian of each out-of-state patient notifying them of the 1192
priority status granted by this paragraph. For purposes of this 1193
paragraph, the provisions of Section 41-7-193(1) requiring 1194
substantial compliance with the projection of need as reported in 1195
the current State Health Plan are waived. The total number of 1196
child/adolescent psychiatric residential treatment facility beds 1197
that may be authorized under the authority of this paragraph shall 1198
be sixty (60) beds. There shall be no prohibition or restrictions 1199
on participation in the Medicaid program (Section 43-13-101 et 1200
seq.) for the person receiving the certificate of need authorized 1201
under this paragraph or for the beds converted pursuant to the 1202
authority of that certificate of need. 1203
(4) (a) From and after March 25, 2021, the department may 1204
issue a certificate of need to any person for the new construction 1205
of any hospital, psychiatric hospital or chemical dependency 1206
hospital that will contain any child/adolescent psychiatric or 1207
child/adolescent chemical dependency beds, or for the conversion 1208
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of any other health care facility to a hospital, psychiatric 1209
hospital or chemical dependency hospital that will contain any 1210
child/adolescent psychiatric or child/adolescent chemical 1211
dependency beds. There shall be no prohibition or restrictions on 1212
participation in the Medicaid program (Section 43-13-101 et seq.) 1213
for the person(s) receiving the certificate(s) of need authorized 1214
under this paragraph (a) or for the beds converted pursuant to the 1215
authority of that certificate of need. In issuing any new 1216
certificate of need for any child/adolescent psychiatric or 1217
child/adolescent chemical dependency beds, either by new 1218
construction or conversion of beds of another category, the 1219
department shall give preference to beds which will be located in 1220
an area of the state which does not have such beds located in it, 1221
and to a location more than sixty-five (65) miles from existing 1222
beds. Upon receiving 2020 census data, the department may amend 1223
the State Health Plan regarding child/adolescent psychiatric and 1224
child/adolescent chemical dependency beds to reflect the need 1225
based on new census data. 1226
(i) [Deleted] 1227
(ii) The department may issue a certificate of 1228
need for the conversion of existing beds in a county hospital in 1229
Choctaw County from acute care beds to child/adolescent chemical 1230
dependency beds. For purposes of this subparagraph (ii), the 1231
provisions of Section 41-7-193(1) requiring substantial compliance 1232
with the projection of need as reported in the current State 1233
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Health Plan are waived. The total number of beds that may be 1234
authorized under authority of this subparagraph shall not exceed 1235
twenty (20) beds. There shall be no prohibition or restrictions 1236
on participation in the Medicaid program (Section 43-13-101 et 1237
seq.) for the hospital receiving the certificate of need 1238
authorized under this subparagraph or for the beds converted 1239
pursuant to the authority of that certificate of need. 1240
(iii) The department may issue a certificate or 1241
certificates of need for the construction or expansion of 1242
child/adolescent psychiatric beds or the conversion of other beds 1243
to child/adolescent psychiatric beds in Warren County. For 1244
purposes of this subparagraph (iii), the provisions of Section 1245
41-7-193(1) requiring substantial compliance with the projection 1246
of need as reported in the current State Health Plan are waived. 1247
The total number of beds that may be authorized under the 1248
authority of this subparagraph shall not exceed twenty (20) beds. 1249
There shall be no prohibition or restrictions on participation in 1250
the Medicaid program (Section 43-13-101 et seq.) for the person 1251
receiving the certificate of need authorized under this 1252
subparagraph or for the beds converted pursuant to the authority 1253
of that certificate of need. 1254
If by January 1, 2002, there has been no significant 1255
commencement of construction of the beds authorized under this 1256
subparagraph (iii), or no significant action taken to convert 1257
existing beds to the beds authorized under this subparagraph, then 1258
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the certificate of need that was previously issued under this 1259
subparagraph shall expire. If the previously issued certificate 1260
of need expires, the department may accept applications for 1261
issuance of another certificate of need for the beds authorized 1262
under this subparagraph, and may issue a certificate of need to 1263
authorize the construction, expansion or conversion of the beds 1264
authorized under this subparagraph. 1265
(iv) The department shall issue a certificate of 1266
need to the Region 7 Mental Health/Retardation Commission for the 1267
construction or expansion of child/adolescent psychiatric beds or 1268
the conversion of other beds to child/adolescent psychiatric beds 1269
in any of the counties served by the commission. For purposes of 1270
this subparagraph (iv), the provisions of Section 41-7-193(1) 1271
requiring substantial compliance with the projection of need as 1272
reported in the current State Health Plan are waived. The total 1273
number of beds that may be authorized under the authority of this 1274
subparagraph shall not exceed twenty (20) beds. There shall be no 1275
prohibition or restrictions on participation in the Medicaid 1276
program (Section 43-13-101 et seq.) for the person receiving the 1277
certificate of need authorized under this subparagraph or for the 1278
beds converted pursuant to the authority of that certificate of 1279
need. 1280
(v) The department may issue a certificate of need 1281
to any county hospital located in Leflore County for the 1282
construction or expansion of adult psychiatric beds or the 1283
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conversion of other beds to adult psychiatric beds, not to exceed 1284
twenty (20) beds, provided that the recipient of the certificate 1285
of need agrees in writing that the adult psychiatric beds will not 1286
at any time be certified for participation in the Medicaid program 1287
and that the hospital will not admit or keep any patients who are 1288
participating in the Medicaid program in any of such adult 1289
psychiatric beds. This written agreement by the recipient of the 1290
certificate of need shall be fully binding on any subsequent owner 1291
of the hospital if the ownership of the hospital is transferred at 1292
any time after the issuance of the certificate of need. Agreement 1293
that the adult psychiatric beds will not be certified for 1294
participation in the Medicaid program shall be a condition of the 1295
issuance of a certificate of need to any person under this 1296
subparagraph (v), and if such hospital at any time after the 1297
issuance of the certificate of need, regardless of the ownership 1298
of the hospital, has any of such adult psychiatric beds certified 1299
for participation in the Medicaid program or admits or keeps any 1300
Medicaid patients in such adult psychiatric beds, the State 1301
Department of Health shall revoke the certificate of need, if it 1302
is still outstanding, and shall deny or revoke the license of the 1303
hospital at the time that the department determines, after a 1304
hearing complying with due process, that the hospital has failed 1305
to comply with any of the conditions upon which the certificate of 1306
need was issued, as provided in this subparagraph and in the 1307
written agreement by the recipient of the certificate of need. 1308
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(vi) The department may issue a certificate or 1309
certificates of need for the expansion of child psychiatric beds 1310
or the conversion of other beds to child psychiatric beds at the 1311
University of Mississippi Medical Center. For purposes of this 1312
subparagraph (vi), the provisions of Section 41-7-193(1) requiring 1313
substantial compliance with the projection of need as reported in 1314
the current State Health Plan are waived. The total number of 1315
beds that may be authorized under the authority of this 1316
subparagraph shall not exceed fifteen (15) beds. There shall be 1317
no prohibition or restrictions on participation in the Medicaid 1318
program (Section 43-13-101 et seq.) for the hospital receiving the 1319
certificate of need authorized under this subparagraph or for the 1320
beds converted pursuant to the authority of that certificate of 1321
need. 1322
(b) From and after July 1, 1990, no hospital, 1323
psychiatric hospital or chemical dependency hospital shall be 1324
authorized to add any child/adolescent psychiatric or 1325
child/adolescent chemical dependency beds or convert any beds of 1326
another category to child/adolescent psychiatric or 1327
child/adolescent chemical dependency beds without a certificate of 1328
need under the authority of subsection (1)(c) and subsection 1329
(4)(a) of this section. 1330
(5) The department may issue a certificate of need to a 1331
county hospital in Winston County for the conversion of fifteen 1332
(15) acute care beds to geriatric psychiatric care beds. 1333
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(6) The State Department of Health shall issue a certificate 1334
of need to a Mississippi corporation qualified to manage a 1335
long-term care hospital as defined in Section 41-7-173(h)(xii) in 1336
Harrison County, not to exceed eighty (80) beds, including any 1337
necessary renovation or construction required for licensure and 1338
certification, provided that the recipient of the certificate of 1339
need agrees in writing that the long-term care hospital will not 1340
at any time participate in the Medicaid program (Section 43-13-101 1341
et seq.) or admit or keep any patients in the long-term care 1342
hospital who are participating in the Medicaid program. This 1343
written agreement by the recipient of the certificate of need 1344
shall be fully binding on any subsequent owner of the long-term 1345
care hospital, if the ownership of the facility is transferred at 1346
any time after the issuance of the certificate of need. Agreement 1347
that the long-term care hospital will not participate in the 1348
Medicaid program shall be a condition of the issuance of a 1349
certificate of need to any person under this subsection (6), and 1350
if such long-term care hospital at any time after the issuance of 1351
the certificate of need, regardless of the ownership of the 1352
facility, participates in the Medicaid program or admits or keeps 1353
any patients in the facility who are participating in the Medicaid 1354
program, the State Department of Health shall revoke the 1355
certificate of need, if it is still outstanding, and shall deny or 1356
revoke the license of the long-term care hospital, at the time 1357
that the department determines, after a hearing complying with due 1358
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process, that the facility has failed to comply with any of the 1359
conditions upon which the certificate of need was issued, as 1360
provided in this subsection and in the written agreement by the 1361
recipient of the certificate of need. For purposes of this 1362
subsection, the provisions of Section 41-7-193(1) requiring 1363
substantial compliance with the projection of need as reported in 1364
the current State Health Plan are waived. 1365
(7) The State Department of Health may issue a certificate 1366
of need to any hospital in the state to utilize a portion of its 1367
beds for the "swing-bed" concept. Any such hospital must be in 1368
conformance with the federal regulations regarding such swing-bed 1369
concept at the time it submits its application for a certificate 1370
of need to the State Department of Health, except that such 1371
hospital may have more licensed beds or a higher average daily 1372
census (ADC) than the maximum number specified in federal 1373
regulations for participation in the swing-bed program. Any 1374
hospital meeting all federal requirements for participation in the 1375
swing-bed program which receives such certificate of need shall 1376
render services provided under the swing-bed concept to any 1377
patient eligible for Medicare (Title XVIII of the Social Security 1378
Act) who is certified by a physician to be in need of such 1379
services, and no such hospital shall permit any patient who is 1380
eligible for both Medicaid and Medicare or eligible only for 1381
Medicaid to stay in the swing beds of the hospital for more than 1382
thirty (30) days per admission unless the hospital receives prior 1383
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approval for such patient from the Division of Medicaid, Office of 1384
the Governor. Any hospital having more licensed beds or a higher 1385
average daily census (ADC) than the maximum number specified in 1386
federal regulations for participation in the swing-bed program 1387
which receives such certificate of need shall develop a procedure 1388
to ensure that before a patient is allowed to stay in the swing 1389
beds of the hospital, there are no vacant nursing home beds 1390
available for that patient located within a fifty-mile radius of 1391
the hospital. When any such hospital has a patient staying in the 1392
swing beds of the hospital and the hospital receives notice from a 1393
nursing home located within such radius that there is a vacant bed 1394
available for that patient, the hospital shall transfer the 1395
patient to the nursing home within a reasonable time after receipt 1396
of the notice. Any hospital which is subject to the requirements 1397
of the two (2) preceding sentences of this subsection may be 1398
suspended from participation in the swing-bed program for a 1399
reasonable period of time by the State Department of Health if the 1400
department, after a hearing complying with due process, determines 1401
that the hospital has failed to comply with any of those 1402
requirements. 1403
(8) * * * [Deleted] 1404
(9) The Department of Health shall not grant approval for or 1405
issue a certificate of need to any person proposing the 1406
establishment of, or expansion of the currently approved territory 1407
of, or the contracting to establish a home office, subunit or 1408
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branch office within the space operated as a health care facility 1409
as defined in Section 41-7-173(h)(i) through (viii) by a health 1410
care facility as defined in subparagraph (ix) of Section 1411
41-7-173(h). 1412
(10) Health care facilities owned and/or operated by the 1413
state or its agencies are exempt from the restraints in this 1414
section against issuance of a certificate of need if such addition 1415
or expansion consists of repairing or renovation necessary to 1416
comply with the state licensure law. This exception shall not 1417
apply to the new construction of any building by such state 1418
facility. This exception shall not apply to any health care 1419
facilities owned and/or operated by counties, municipalities, 1420
districts, unincorporated areas, other defined persons, or any 1421
combination thereof. 1422
(11) The new construction, renovation or expansion of or 1423
addition to any health care facility defined in subparagraph (ii) 1424
(psychiatric hospital), subparagraph (iv) (skilled nursing 1425
facility), subparagraph (vi) (intermediate care facility) * * * 1426
and subparagraph (x) (psychiatric residential treatment facility) 1427
of Section 41-7-173(h) which is owned by the State of Mississippi 1428
and under the direction and control of the State Department of 1429
Mental Health, and the addition of new beds or the conversion of 1430
beds from one category to another in any such defined health care 1431
facility which is owned by the State of Mississippi and under the 1432
direction and control of the State Department of Mental Health, 1433
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shall not require the issuance of a certificate of need under 1434
Section 41-7-171 et seq., notwithstanding any provision in Section 1435
41-7-171 et seq. to the contrary. 1436
(12) The new construction, renovation or expansion of or 1437
addition to any veterans homes or domiciliaries for eligible 1438
veterans of the State of Mississippi as authorized under Section 1439
35-1-19 shall not require the issuance of a certificate of need, 1440
notwithstanding any provision in Section 41-7-171 et seq. to the 1441
contrary. 1442
(13) The repair or the rebuilding of an existing, operating 1443
health care facility that sustained significant damage from a 1444
natural disaster that occurred after April 15, 2014, in an area 1445
that is proclaimed a disaster area or subject to a state of 1446
emergency by the Governor or by the President of the United States 1447
shall be exempt from all of the requirements of the Mississippi 1448
Certificate of Need Law (Section 41-7-171 et seq.) and any and all 1449
rules and regulations promulgated under that law, subject to the 1450
following conditions: 1451
(a) The repair or the rebuilding of any such damaged 1452
health care facility must be within one (1) mile of the 1453
pre-disaster location of the campus of the damaged health care 1454
facility, except that any temporary post-disaster health care 1455
facility operating location may be within five (5) miles of the 1456
pre-disaster location of the damaged health care facility; 1457
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(b) The repair or the rebuilding of the damaged health 1458
care facility (i) does not increase or change the complement of 1459
its bed capacity that it had before the Governor's or the 1460
President's proclamation, (ii) does not increase or change its 1461
levels and types of health care services that it provided before 1462
the Governor's or the President's proclamation, and (iii) does not 1463
rebuild in a different county; however, this paragraph does not 1464
restrict or prevent a health care facility from decreasing its bed 1465
capacity that it had before the Governor's or the President's 1466
proclamation, or from decreasing the levels of or decreasing or 1467
eliminating the types of health care services that it provided 1468
before the Governor's or the President's proclamation, when the 1469
damaged health care facility is repaired or rebuilt; 1470
(c) The exemption from Certificate of Need Law provided 1471
under this subsection (13) is valid for only five (5) years from 1472
the date of the Governor's or the President's proclamation. If 1473
actual construction has not begun within that five-year period, 1474
the exemption provided under this subsection is inapplicable; and 1475
(d) The Division of Health Facilities Licensure and 1476
Certification of the State Department of Health shall provide the 1477
same oversight for the repair or the rebuilding of the damaged 1478
health care facility that it provides to all health care facility 1479
construction projects in the state. 1480
For the purposes of this subsection (13), "significant 1481
damage" to a health care facility means damage to the health care 1482
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facility requiring an expenditure of at least One Million Dollars 1483
($1,000,000.00). 1484
(14) The State Department of Health shall issue a 1485
certificate of need to any hospital which is currently licensed 1486
for two hundred fifty (250) or more acute care beds and is located 1487
in any general hospital service area not having a comprehensive 1488
cancer center, for the establishment and equipping of such a 1489
center which provides facilities and services for outpatient 1490
radiation oncology therapy, outpatient medical oncology therapy, 1491
and appropriate support services including the provision of 1492
radiation therapy services. The provisions of Section 41-7-193(1) 1493
regarding substantial compliance with the projection of need as 1494
reported in the current State Health Plan are waived for the 1495
purpose of this subsection. 1496
(15) The State Department of Health may authorize the 1497
transfer of hospital beds, not to exceed sixty (60) beds, from the 1498
North Panola Community Hospital to the South Panola Community 1499
Hospital. The authorization for the transfer of those beds shall 1500
be exempt from the certificate of need review process. 1501
(16) The State Department of Health shall issue any 1502
certificates of need necessary for Mississippi State University 1503
and a public or private health care provider to jointly acquire 1504
and operate a linear accelerator and a magnetic resonance imaging 1505
unit. Those certificates of need shall cover all capital 1506
expenditures related to the project between Mississippi State 1507
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University and the health care provider, including, but not 1508
limited to, the acquisition of the linear accelerator, the 1509
magnetic resonance imaging unit and other radiological modalities; 1510
the offering of linear accelerator and magnetic resonance imaging 1511
services; and the cost of construction of facilities in which to 1512
locate these services. The linear accelerator and the magnetic 1513
resonance imaging unit shall be (a) located in the City of 1514
Starkville, Oktibbeha County, Mississippi; (b) operated jointly by 1515
Mississippi State University and the public or private health care 1516
provider selected by Mississippi State University through a 1517
request for proposals (RFP) process in which Mississippi State 1518
University selects, and the Board of Trustees of State 1519
Institutions of Higher Learning approves, the health care provider 1520
that makes the best overall proposal; (c) available to Mississippi 1521
State University for research purposes two-thirds (2/3) of the 1522
time that the linear accelerator and magnetic resonance imaging 1523
unit are operational; and (d) available to the public or private 1524
health care provider selected by Mississippi State University and 1525
approved by the Board of Trustees of State Institutions of Higher 1526
Learning one-third (1/3) of the time for clinical, diagnostic and 1527
treatment purposes. For purposes of this subsection, the 1528
provisions of Section 41-7-193(1) requiring substantial compliance 1529
with the projection of need as reported in the current State 1530
Health Plan are waived. 1531
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(17) The State Department of Health shall issue a 1532
certificate of need for the construction of an acute care hospital 1533
in Kemper County, not to exceed twenty-five (25) beds, which shall 1534
be named the "John C. Stennis Memorial Hospital." In issuing the 1535
certificate of need under this subsection, the department shall 1536
give priority to a hospital located in Lauderdale County that has 1537
two hundred fifteen (215) beds. For purposes of this subsection, 1538
the provisions of Section 41-7-193(1) requiring substantial 1539
compliance with the projection of need as reported in the current 1540
State Health Plan and the provisions of Section 41-7-197 requiring 1541
a formal certificate of need hearing process are waived. There 1542
shall be no prohibition or restrictions on participation in the 1543
Medicaid program (Section 43-13-101 et seq.) for the person or 1544
entity receiving the certificate of need authorized under this 1545
subsection or for the beds constructed under the authority of that 1546
certificate of need. 1547
(18) The planning, design, construction, renovation, 1548
addition, furnishing and equipping of a clinical research unit at 1549
any health care facility defined in Section 41-7-173(h) that is 1550
under the direction and control of the University of Mississippi 1551
Medical Center and located in Jackson, Mississippi, and the 1552
addition of new beds or the conversion of beds from one (1) 1553
category to another in any such clinical research unit, shall not 1554
require the issuance of a certificate of need under Section 1555
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ST: CON; remove intermediate care facilities
for individuals with intellectual disabilities
from CON law.
41-7-171 et seq., notwithstanding any provision in Section 1556
41-7-171 et seq. to the contrary. 1557
(19) [Repealed] 1558
(20) Nothing in this section or in any other provision of 1559
Section 41-7-171 et seq. shall prevent any nursing facility from 1560
designating an appropriate number of existing beds in the facility 1561
as beds for providing care exclusively to patients with 1562
Alzheimer's disease. 1563
(21) Nothing in this section or any other provision of 1564
Section 41-7-171 et seq. shall prevent any health care facility 1565
from the new construction, renovation, conversion or expansion of 1566
new beds in the facility designated as intensive care units, 1567
negative pressure rooms, or isolation rooms pursuant to the 1568
provisions of Sections 41-14-1 through 41-14-11, or Section 1569
41-14-31. For purposes of this subsection, the provisions of 1570
Section 41-7-193(1) requiring substantial compliance with the 1571
projection of need as reported in the current State Health Plan 1572
and the provisions of Section 41-7-197 requiring a formal 1573
certificate of need hearing process are waived. 1574
SECTION 3. This act shall take effect and be in force from 1575
and after July 1, 2026. 1576