Certificate of need; delete requirement to obtain for psychiatric hospitals, renal disease facilities and additional facilities.

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To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Boyd

SENATE BILL NO. 2532

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