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