Mississippi 2025 Regular Session Status: To Executive 2 R cosponsors

HB 569 — CON; revise conditions for long-term care hospital in Harrison County to allow participation in Medicaid.

Last action — Vetoed

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2025 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

Signed by Governor Tate Reeves (Republican) on April 02, 2025.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

1822 added · 1326 removed

Plain-language change summary

The legislative changes to Bill HB 569 include provisions that allow a psychiatric residential treatment facility in Desoto County to participate in the Medicaid program without additional restrictions, which is significant for increasing accessibility to mental health services. Additionally, the bill now states that the University of Mississippi Medical Center will not require a certificate of need for certain expansions or services approved before July 2025, provided they remain in the same location. This could streamline processes for healthcare providers and enhance service delivery in critical areas.

→
Previous
Latest
569 AN ACT TO AMEND SECTION 41-7-191, MISSISSIPPI CODE OF 1972, TO REVISE THE CONDITIONS FOR A CERTIFICATE OF NEED ISSUED FOR A LONG-TERM CARE HOSPITAL IN HARRISON COUNTY TO ALLOW THE HOSPITAL TO PARTICIPATE IN THE MEDICAID PROGRAM AS A CROSSOVER PROVIDER;
569 (As Sent to Governor) AN ACT TO AMEND SECTION 41-7-191, MISSISSIPPI CODE OF 1972, TO REVISE CERTAIN PROVISIONS RELATING TO A HOSPITAL THAT HAS A CERTIFICATE OF NEED FOR A FORTY-BED PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY IN DESOTO COUNTY;
TO PROVIDE THAT THERE SHALL BE NO PROHIBITION OR RESTRICTIONS ON PARTICIPATION IN THE MEDICAID PROGRAM FOR SUCH FACILITY THAT WOULD NOT OTHERWISE APPLY TO ANY OTHER SUCH FACILITY;
TO REQUIRE THE ISSUANCE OF A CERTIFICATE OF NEED FOR ADDITIONAL BEDS IN A COMMUNITY LIVING PROGRAM FOR DEVELOPMENTALLY DISABLED ADULTS LOCATED IN MADISON COUNTY;
TO REVISE THE CONDITIONS FOR A CERTIFICATE OF NEED ISSUED FOR A LONG-TERM CARE HOSPITAL IN HARRISON COUNTY TO ALLOW THE HOSPITAL TO PARTICIPATE IN THE MEDICAID PROGRAM AS A CROSSOVER PROVIDER;
TO PROVIDE THAT THE UNIVERSITY OF MISSISSIPPI MEDICAL CENTER NEED NOT OBTAIN A CERTIFICATE OF NEED FOR ANY HOSPITAL BEDS, SERVICES, HEALTH CARE FACILITIES, OR MEDICAL EQUIPMENT WHICH HAVE BEEN APPROVED AND CONTINUOUSLY OPERATED UNDER A CERTIFICATE OF NEED EXEMPTION FOR A TEACHING HOSPITAL, OR WHICH ARE APPROVED BEFORE JULY 1, 2025, SO LONG AS THEY DO NOT UNDERGO A PHYSICAL RELOCATION;
TO PROVIDE THAT AFTER JULY 1, 2025, THE UNIVERSITY OF MISSISSIPPI MEDICAL CENTER SHALL HAVE AN ACADEMIC EXEMPTION FROM THE CERTIFICATE OF NEED REQUIREMENTS ONLY WITHIN A CERTAIN AREA OF JACKSON, MISSISSIPPI;
TO CLARIFY THAT IN ORDER FOR THE UNIVERSITY OF MISSISSIPPI MEDICAL CENTER TO QUALIFY FOR SUCH AN ACADEMIC EXEMPTION, THE STATE HEALTH OFFICER MUST DETERMINE THAT THE PROPOSED EQUIPMENT OR FACILITY FULFILLS A SUBSTANTIAL AND MEANINGFUL ACADEMIC FUNCTION;
TO DIRECT THE STATE DEPARTMENT OF HEALTH TO ISSUE A CERTIFICATE OF NEED TO ANY PSYCHIATRIC HOSPITAL LOCATED IN JACKSON, MISSISSIPPI, THAT WAS PROVIDING ADULT PSYCHIATRIC SERVICES AS OF JANUARY 1, 2025, UNDER CERTIFICATE OF NEED AUTHORITY THAT WAS TRANSFERRED TO IT WITHIN THE PAST FIVE YEARS UNDER A CHANGE OF OWNERSHIP, AND TO PROVIDE THAT THE NEW CERTIFICATE OF NEED SHALL AUTHORIZE THE CONTINUATION OF SUCH ADULT PSYCHIATRIC SERVICES, PROVIDED THAT THE HOSPITAL RELINQUISHES ITS EXISTING AUTHORITY TO OPERATE UNDER THE CERTIFICATE OF NEED H.
B.
No.
569 *HR43/R295SG* ~ OFFICIAL ~ G1/2 25/HR43/R295SG PAGE 1 (RF\KP) AUTHORITY TRANSFERRED TO THE HOSPITAL AS OF THE EFFECTIVE DATE OF THE NEW CERTIFICATE OF NEED;
TO DIRECT THE STATE DEPARTMENT OF HEALTH TO CONDUCT A STUDY AND REPORT BY DECEMBER 1, 2025, ON THE FEASIBILITY OF EXEMPTING SMALL HOSPITALS FROM THE REQUIREMENT FOR A CERTIFICATE OF NEED FOR THE PLACEMENT OF DIALYSIS UNITS TO REDUCE THE NUMBER OF TRANSFERS FOR PATIENTS REQUIRING DIALYSIS, THE FEASIBILITY OF EXEMPTING SMALL HOSPITALS FROM THE REQUIREMENT FOR A CERTIFICATE OF NEED TO OPERATE GERIATRIC PSYCHIATRIC UNITS, AND THE FEASIBILITY OF A NEW REQUIREMENT THAT ACUTE ADULT PSYCHIATRIC UNITS TREAT A CERTAIN PERCENTAGE OF UNINSURED PATIENTS OR PAY A PERIODIC FEE IN LIEU THEREOF;
TO AMEND SECTION 41-7-173, MISSISSIPPI CODE OF 1972, TO INCREASE THE MINIMUM DOLLAR AMOUNTS OF CAPITAL EXPENDITURES AND MAJOR MEDICAL EQUIPMENT THAT REQUIRE THE ISSUANCE OF A CERTIFICATE OF NEED;
(b) The relocation of a health care facility or portion thereof, or major medical equipment, unless such relocation of a health care facility or portion thereof, or major medical equipment, which does not involve a capital expenditure by or on H.
(b) The relocation of a health care facility or portion thereof, or major medical equipment, unless such relocation of a health care facility or portion thereof, or major medical equipment, which does not involve a capital expenditure by or on behalf of a health care facility, is within five thousand two hundred eighty (5,280) feet from the main entrance of the health care facility;
H.
569 *HR43/R295* ~ OFFICIAL ~ G1/2 25/HR43/R295 PAGE 1 (RF\KP) behalf of a health care facility, is within five thousand two hundred eighty (5,280) feet from the main entrance of the health care facility;
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 2(RF\KP) (c) Any change in the existing bed complement of any health care facility through the addition or conversion of any beds or the alteration, modernizing or refurbishing of any unit or department in which the beds may be located;
(c) Any change in the existing bed complement of any health care facility through the addition or conversion of any beds or the alteration, modernizing or refurbishing of any unit or department in which the beds may be located;
However, in no event may a health care facility that has voluntarily delicensed some of its beds be reissued a license to operate beds in excess of its bed count before the voluntary H.
However, in no event may a health care facility that has voluntarily delicensed some of its beds be reissued a license to operate beds in excess of its bed count before the voluntary delicensure of some of its beds without seeking certificate of need approval;
(d) Offering of the following health services if those services have not been provided on a regular basis by the proposed H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 2(RF\KP) delicensure of some of its beds without seeking certificate of need approval;
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 3(RF\KP) provider of such services within the period of twelve (12) months prior to the time such services would be offered:
(d) Offering of the following health services if those services have not been provided on a regular basis by the proposed provider of such services within the period of twelve (12) months prior to the time such services would be offered:
H.
(e) The relocation of one or more health services from one physical facility or site to another physical facility or site, unless such relocation, which does not involve a capital expenditure by or on behalf of a health care facility, (i) is to a physical facility or site within five thousand two hundred eighty H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 3(RF\KP) (e) The relocation of one or more health services from one physical facility or site to another physical facility or site, unless such relocation, which does not involve a capital expenditure by or on behalf of a health care facility, (i) is to a physical facility or site within five thousand two hundred eighty (5,280) feet from the main entrance of the health care facility where the health care service is located, or (ii) is the result of an order of a court of appropriate jurisdiction or a result of pending litigation in such court, or by order of the State Department of Health, or by order of any other agency or legal entity of the state, the federal government, or any political subdivision of either, whose order is also approved by the State Department of Health;
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 4(RF\KP) (5,280) feet from the main entrance of the health care facility where the health care service is located, or (ii) is the result of an order of a court of appropriate jurisdiction or a result of pending litigation in such court, or by order of the State Department of Health, or by order of any other agency or legal entity of the state, the federal government, or any political subdivision of either, whose order is also approved by the State Department of Health;
(g) Changes of ownership of existing health care facilities in which a notice of intent is not filed with the State H.
(g) Changes of ownership of existing health care facilities in which a notice of intent is not filed with the State Department of Health at least thirty (30) days prior to the date such change of ownership occurs, or a change in services or bed capacity as prescribed in paragraph (c) or (d) of this subsection as a result of the change of ownership;
an acquisition for less H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 4(RF\KP) Department of Health at least thirty (30) days prior to the date such change of ownership occurs, or a change in services or bed capacity as prescribed in paragraph (c) or (d) of this subsection as a result of the change of ownership;
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 5(RF\KP) than fair market value must be reviewed, if the acquisition at fair market value would be subject to review;
an acquisition for less than fair market value must be reviewed, if the acquisition at fair market value would be subject to review;
(k) The contracting of a health care facility as defined in subparagraphs (i) through (viii) of Section 41-7-173(h) to establish a home office, subunit, or branch office in the space operated as a health care facility through a formal arrangement H.
(k) The contracting of a health care facility as defined in subparagraphs (i) through (viii) of Section 41-7-173(h) to establish a home office, subunit, or branch office in the space operated as a health care facility through a formal arrangement with an existing health care facility as defined in subparagraph (ix) of Section 41-7-173(h);
(l) The replacement or relocation of a health care facility designated as a critical access hospital shall be exempt H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 5(RF\KP) with an existing health care facility as defined in subparagraph (ix) of Section 41-7-173(h);
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 6(RF\KP) from subsection (1) of this section so long as the critical access hospital complies with all applicable federal law and regulations regarding such replacement or relocation;
(l) The replacement or relocation of a health care facility designated as a critical access hospital shall be exempt from subsection (1) of this section so long as the critical access hospital complies with all applicable federal law and regulations regarding such replacement or relocation;
From and after July 1, 1999, there shall H.
From and after July 1, 1999, there shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the beds in the health care facility that were authorized under this paragraph (a).
H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 6(RF\KP) be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the beds in the health care facility that were authorized under this paragraph (a).
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 7(RF\KP) (b) The department may issue certificates of need in Harrison County to provide skilled nursing home care for Alzheimer's disease patients and other patients, not to exceed one hundred fifty (150) beds.
(b) The department may issue certificates of need in Harrison County to provide skilled nursing home care for Alzheimer's disease patients and other patients, not to exceed one hundred fifty (150) beds.
Agreement that the skilled nursing facility will not participate in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this H.
Agreement that the skilled nursing facility will not participate in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this paragraph (c), and if such skilled nursing facility at any time after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program or H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 7(RF\KP) paragraph (c), and if such skilled nursing facility at any time after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program or admits or keeps any patients in the facility who are participating in the Medicaid program, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the skilled nursing facility, at the time that the department determines, after a hearing complying with due process, that the facility has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this paragraph and in the written agreement by the recipient of the certificate of need.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 8(RF\KP) admits or keeps any patients in the facility who are participating in the Medicaid program, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the skilled nursing facility, at the time that the department determines, after a hearing complying with due process, that the facility has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this paragraph and in the written agreement by the recipient of the certificate of need.
(e) The State Department of Health may issue a certificate of need for the construction of a nursing facility or the conversion of beds to nursing facility beds at a personal care H.
(e) The State Department of Health may issue a certificate of need for the construction of a nursing facility or the conversion of beds to nursing facility beds at a personal care facility for the elderly in Lowndes County that is owned and operated by a Mississippi nonprofit corporation, not to exceed sixty (60) beds.
From and after July 1, 1999, there shall be no H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 8(RF\KP) facility for the elderly in Lowndes County that is owned and operated by a Mississippi nonprofit corporation, not to exceed sixty (60) beds.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 9(RF\KP) prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the beds in the nursing facility that were authorized under this paragraph (e).
Show all 373 changed rows (333 more)
Previous
Latest
From and after July 1, 1999, there shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the beds in the nursing facility that were authorized under this paragraph (e).
(h) The State Department of Health may issue a certificate of need for the construction or expansion of nursing facility beds or the conversion of other beds to nursing facility H.
(h) The State Department of Health may issue a certificate of need for the construction or expansion of nursing facility beds or the conversion of other beds to nursing facility beds in either Hancock, Harrison or Jackson County, not to exceed sixty (60) beds.
From and after July 1, 1999, there shall be no prohibition or restrictions on participation in the Medicaid H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 9(RF\KP) beds in either Hancock, Harrison or Jackson County, not to exceed sixty (60) beds.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 10(RF\KP) program (Section 43-13-101 et seq.) for the beds in the facility that were authorized under this paragraph (h).
From and after July 1, 1999, there shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the beds in the facility that were authorized under this paragraph (h).
Agreement that the skilled nursing facility will not participate in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this paragraph (i), and if such skilled nursing facility at any time after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program or admits or keeps any patients in the facility who are participating in the Medicaid program, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or H.
Agreement that the skilled nursing facility will not participate in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this paragraph (i), and if such skilled nursing facility at any time after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program or admits or keeps any patients in the facility who are participating in the Medicaid program, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the skilled nursing facility, at the time that the department determines, after a hearing complying with due process, that the facility has failed to comply with any of the H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 10(RF\KP) revoke the license of the skilled nursing facility, at the time that the department determines, after a hearing complying with due process, that the facility has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this paragraph and in the written agreement by the recipient of the certificate of need.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 11(RF\KP) conditions upon which the certificate of need was issued, as provided in this paragraph and in the written agreement by the recipient of the certificate of need.
For the purposes of this paragraph (j), the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as H.
For the purposes of this paragraph (j), the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan are waived.
From and after July 1, 1999, there shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 11(RF\KP) reported in the current State Health Plan are waived.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 12(RF\KP) seq.) for the beds in the long-term care facilities that were authorized under this paragraph (j).
From and after July 1, 1999, there shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the beds in the long-term care facilities that were authorized under this paragraph (j).
This written agreement by the owner of the facility shall be a condition of licensure of the facility, and the agreement shall be fully binding on any subsequent owner of the facility if the ownership of the facility is transferred at any time after July 1, H.
This written agreement by the owner of the facility shall be a condition of licensure of the facility, and the agreement shall be fully binding on any subsequent owner of the facility if the ownership of the facility is transferred at any time after July 1, 2001.
After this written agreement is executed, the Division of Medicaid and the State Department of Health shall not certify more than thirty (30) of the beds in the facility for participation in H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 12(RF\KP) 2001.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 13(RF\KP) the Medicaid program.
After this written agreement is executed, the Division of Medicaid and the State Department of Health shall not certify more than thirty (30) of the beds in the facility for participation in the Medicaid program.
(m) The State Department of Health may issue a certificate of need to a county-owned hospital in the Second Judicial District of Panola County for the conversion of not more than seventy-two (72) hospital beds to nursing facility beds, provided that the recipient of the certificate of need agrees in H.
(m) The State Department of Health may issue a certificate of need to a county-owned hospital in the Second Judicial District of Panola County for the conversion of not more than seventy-two (72) hospital beds to nursing facility beds, provided that the recipient of the certificate of need agrees in writing that none of the beds at the nursing facility will be certified for participation in the Medicaid program (Section 43-13-101 et seq.), and that no claim will be submitted for H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 13(RF\KP) writing that none of the beds at the nursing facility will be certified for participation in the Medicaid program (Section 43-13-101 et seq.), and that no claim will be submitted for Medicaid reimbursement in the nursing facility in any day or for any patient in the nursing facility.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 14(RF\KP) Medicaid reimbursement in the nursing facility in any day or for any patient in the nursing facility.
If the certificate of need authorized under this paragraph is not issued within twelve (12) months after July 1, 2001, the department shall deny the application for the certificate of need and shall not H.
If the certificate of need authorized under this paragraph is not issued within twelve (12) months after July 1, 2001, the department shall deny the application for the certificate of need and shall not issue the certificate of need at any time after the twelve-month period, unless the issuance is contested.
If the certificate of need is issued and substantial construction of the nursing H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 14(RF\KP) issue the certificate of need at any time after the twelve-month period, unless the issuance is contested.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 15(RF\KP) facility beds has not commenced within eighteen (18) months after July 1, 2001, the State Department of Health, after a hearing complying with due process, shall revoke the certificate of need if it is still outstanding, and the department shall not issue a license for the nursing facility at any time after the eighteen-month period.
If the certificate of need is issued and substantial construction of the nursing facility beds has not commenced within eighteen (18) months after July 1, 2001, the State Department of Health, after a hearing complying with due process, shall revoke the certificate of need if it is still outstanding, and the department shall not issue a license for the nursing facility at any time after the eighteen-month period.
Agreement that the skilled nursing facility will not H.
Agreement that the skilled nursing facility will not participate in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this paragraph (n), and if such skilled nursing facility at any time H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 15(RF\KP) participate in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this paragraph (n), and if such skilled nursing facility at any time after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program or admits or keeps any patients in the facility who are participating in the Medicaid program, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the skilled nursing facility, at the time that the department determines, after a hearing complying with due process, that the facility has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this paragraph and in the written agreement by the recipient of the certificate of need.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 16(RF\KP) after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program or admits or keeps any patients in the facility who are participating in the Medicaid program, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the skilled nursing facility, at the time that the department determines, after a hearing complying with due process, that the facility has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this paragraph and in the written agreement by the recipient of the certificate of need.
If the certificate of need is issued and substantial construction of the nursing facility beds has not commenced within eighteen (18) months after July 1, 1998, the State Department of Health, after a hearing complying with due process, shall revoke the certificate H.
If the certificate of need is issued and substantial construction of the nursing facility beds has not commenced within eighteen (18) months after July 1, 1998, the State Department of Health, after a hearing complying with due process, shall revoke the certificate of need if it is still outstanding, and the department shall not issue a license for the nursing facility at any time after the eighteen-month period.
However, if the issuance of the H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 16(RF\KP) of need if it is still outstanding, and the department shall not issue a license for the nursing facility at any time after the eighteen-month period.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 17(RF\KP) certificate of need is contested, the department shall require substantial construction of the nursing facility beds within six (6) months after final adjudication on the issuance of the certificate of need.
However, if the issuance of the certificate of need is contested, the department shall require substantial construction of the nursing facility beds within six (6) months after final adjudication on the issuance of the certificate of need.
Agreement that the skilled nursing facility will not participate in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this paragraph (o), and if such skilled nursing facility at any time after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program or admits or keeps any patients in the facility who are participating H.
Agreement that the skilled nursing facility will not participate in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this paragraph (o), and if such skilled nursing facility at any time after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program or admits or keeps any patients in the facility who are participating in the Medicaid program, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the skilled nursing facility, H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 17(RF\KP) in the Medicaid program, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the skilled nursing facility, at the time that the department determines, after a hearing complying with due process, that the facility has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this paragraph and in the written agreement by the recipient of the certificate of need.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 18(RF\KP) at the time that the department determines, after a hearing complying with due process, that the facility has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this paragraph and in the written agreement by the recipient of the certificate of need.
However, if the issuance of the certificate of need is contested, the department shall require substantial construction of the nursing facility beds within six H.
However, if the issuance of the certificate of need is contested, the department shall require substantial construction of the nursing facility beds within six (6) months after final adjudication on the issuance of the certificate of need.
(p) The department may issue a certificate of need for the construction of a municipally owned nursing facility within H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 18(RF\KP) (6) months after final adjudication on the issuance of the certificate of need.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 19(RF\KP) the Town of Belmont in Tishomingo County, not to exceed sixty (60) beds, provided that the recipient of the certificate of need agrees in writing that the skilled nursing facility will not at any time participate in the Medicaid program (Section 43-13-101 et seq.) or admit or keep any patients in the skilled nursing facility who are participating in the Medicaid program.
(p) The department may issue a certificate of need for the construction of a municipally owned nursing facility within the Town of Belmont in Tishomingo County, not to exceed sixty (60) beds, provided that the recipient of the certificate of need agrees in writing that the skilled nursing facility will not at any time participate in the Medicaid program (Section 43-13-101 et seq.) or admit or keep any patients in the skilled nursing facility who are participating in the Medicaid program.
Agreement that the skilled nursing facility will not participate in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this paragraph (p), and if such skilled nursing facility at any time after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program or admits or keeps any patients in the facility who are participating in the Medicaid program, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the skilled nursing facility, at the time that the department determines, after a hearing complying with due H.
Agreement that the skilled nursing facility will not participate in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this paragraph (p), and if such skilled nursing facility at any time after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program or admits or keeps any patients in the facility who are participating in the Medicaid program, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the skilled nursing facility, at the time that the department determines, after a hearing complying with due process, that the facility has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this paragraph and in the written agreement by the recipient of the certificate of need.
The provision of Section H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 19(RF\KP) process, that the facility has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this paragraph and in the written agreement by the recipient of the certificate of need.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 20(RF\KP) 41-7-193(1) regarding substantial compliance of the projection of need as reported in the current State Health Plan is waived for the purposes of this paragraph.
The provision of Section 41-7-193(1) regarding substantial compliance of the projection of need as reported in the current State Health Plan is waived for the purposes of this paragraph.
(q) (i) Beginning on July 1, 1999, the State Department of Health shall issue certificates of need during each of the next four (4) fiscal years for the construction or H.
(q) (i) Beginning on July 1, 1999, the State Department of Health shall issue certificates of need during each of the next four (4) fiscal years for the construction or expansion of nursing facility beds or the conversion of other beds to nursing facility beds in each county in the state having a need for fifty (50) or more additional nursing facility beds, as shown in the fiscal year 1999 State Health Plan, in the manner provided H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 20(RF\KP) expansion of nursing facility beds or the conversion of other beds to nursing facility beds in each county in the state having a need for fifty (50) or more additional nursing facility beds, as shown in the fiscal year 1999 State Health Plan, in the manner provided in this paragraph (q).
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 21(RF\KP) in this paragraph (q).
During fiscal year 2003, one (1) certificate of need shall be issued for new nursing facility beds in any county having a need for fifty (50) or more additional nursing facility beds, as shown in the fiscal year 1999 State Health Plan, that has not received a certificate of need under this paragraph (q) during the three (3) H.
During fiscal year 2003, one (1) certificate of need shall be issued for new nursing facility beds in any county having a need for fifty (50) or more additional nursing facility beds, as shown in the fiscal year 1999 State Health Plan, that has not received a certificate of need under this paragraph (q) during the three (3) previous fiscal years.
During fiscal year 2000, in addition to the six (6) certificates of need authorized in this subparagraph, the department also shall issue a certificate of need for new H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 21(RF\KP) previous fiscal years.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 22(RF\KP) nursing facility beds in Amite County and a certificate of need for new nursing facility beds in Carroll County.
During fiscal year 2000, in addition to the six (6) certificates of need authorized in this subparagraph, the department also shall issue a certificate of need for new nursing facility beds in Amite County and a certificate of need for new nursing facility beds in Carroll County.
(iv) Subject to the provisions of subparagraph (v), the certificate of need issued under subparagraph (ii) for nursing facility beds in the two (2) counties from the state at large during each fiscal year shall first be available for nursing facility beds in the two (2) counties that have the highest need in the state for those beds, as shown in the fiscal year 1999 H.
(iv) Subject to the provisions of subparagraph (v), the certificate of need issued under subparagraph (ii) for nursing facility beds in the two (2) counties from the state at large during each fiscal year shall first be available for nursing facility beds in the two (2) counties that have the highest need in the state for those beds, as shown in the fiscal year 1999 State Health Plan, when considering the need on a statewide basis and without regard to the Long-Term Care Planning Districts in which the counties are located.
If there are no applications for H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 22(RF\KP) State Health Plan, when considering the need on a statewide basis and without regard to the Long-Term Care Planning Districts in which the counties are located.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 23(RF\KP) a certificate of need for nursing facility beds in either of the two (2) counties having the highest need for those beds on a statewide basis by the date specified by the department, then the certificate of need shall be available for nursing facility beds in other counties from the state at large in descending order of the need for those beds on a statewide basis, from the county with the second highest need to the county with the lowest need, until an application is received for nursing facility beds in an eligible county from the state at large.
If there are no applications for a certificate of need for nursing facility beds in either of the two (2) counties having the highest need for those beds on a statewide basis by the date specified by the department, then the certificate of need shall be available for nursing facility beds in other counties from the state at large in descending order of the need for those beds on a statewide basis, from the county with the second highest need to the county with the lowest need, until an application is received for nursing facility beds in an eligible county from the state at large.
After a certificate of need has been issued under this paragraph (q) for nursing facility beds in a county during any fiscal year of the four-year period, a certificate of need shall not be available again under this paragraph (q) for H.
After a certificate of need has been issued under this paragraph (q) for nursing facility beds in a county during any fiscal year of the four-year period, a certificate of need shall not be available again under this paragraph (q) for additional nursing facility beds in that county during the four-year period, and that county shall be excluded in determining H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 23(RF\KP) additional nursing facility beds in that county during the four-year period, and that county shall be excluded in determining which counties have the highest need for nursing facility beds in succeeding fiscal years.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 24(RF\KP) which counties have the highest need for nursing facility beds in succeeding fiscal years.
(r) (i) Beginning on July 1, 1999, the State Department of Health shall issue certificates of need during each of the next two (2) fiscal years for the construction or expansion of nursing facility beds or the conversion of other beds to nursing facility beds in each of the four (4) Long-Term Care H.
(r) (i) Beginning on July 1, 1999, the State Department of Health shall issue certificates of need during each of the next two (2) fiscal years for the construction or expansion of nursing facility beds or the conversion of other beds to nursing facility beds in each of the four (4) Long-Term Care Planning Districts designated in the fiscal year 1999 State Health H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 24(RF\KP) Planning Districts designated in the fiscal year 1999 State Health Plan, to provide care exclusively to patients with Alzheimer's disease.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 25(RF\KP) Plan, to provide care exclusively to patients with Alzheimer's disease.
(iii) The State Department of Health, in consultation with the Department of Mental Health and the Division of Medicaid, shall develop and prescribe the staffing levels, space requirements and other standards and requirements that must be met with regard to the nursing facility beds authorized under H.
(iii) The State Department of Health, in consultation with the Department of Mental Health and the Division of Medicaid, shall develop and prescribe the staffing levels, space requirements and other standards and requirements that must be met with regard to the nursing facility beds authorized under this paragraph (r) to provide care exclusively to patients with Alzheimer's disease.
H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 25(RF\KP) this paragraph (r) to provide care exclusively to patients with Alzheimer's disease.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 26(RF\KP) (s) The State Department of Health may issue a certificate of need to a nonprofit skilled nursing facility using the Green House model of skilled nursing care and located in Yazoo City, Yazoo County, Mississippi, for the construction, expansion or conversion of not more than nineteen (19) nursing facility beds.
(s) The State Department of Health may issue a certificate of need to a nonprofit skilled nursing facility using the Green House model of skilled nursing care and located in Yazoo City, Yazoo County, Mississippi, for the construction, expansion or conversion of not more than nineteen (19) nursing facility beds.
and (iv) the H.
and (iv) the establishment of not more than twenty (20) non-Medicaid beds at the new Harrison County facility.
The certificates of need that H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 26(RF\KP) establishment of not more than twenty (20) non-Medicaid beds at the new Harrison County facility.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 27(RF\KP) authorize the non-Medicaid nursing facility beds under subparagraphs (iii) and (iv) of this paragraph (t) shall be subject to the following conditions:
The certificates of need that authorize the non-Medicaid nursing facility beds under subparagraphs (iii) and (iv) of this paragraph (t) shall be subject to the following conditions:
If the Hancock County facility violates H.
If the Hancock County facility violates the terms of the written agreement by admitting or keeping in the facility on a regular or continuing basis more than fifty (50) H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 27(RF\KP) the terms of the written agreement by admitting or keeping in the facility on a regular or continuing basis more than fifty (50) patients who are participating in the Medicaid program, or if the Harrison County facility violates the terms of the written agreement by admitting or keeping in the facility on a regular or continuing basis more than forty-nine (49) patients who are participating in the Medicaid program, the State Department of Health shall revoke the license of the facility that is in violation of the agreement, at the time that the department determines, after a hearing complying with due process, that the facility has violated the agreement.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 28(RF\KP) patients who are participating in the Medicaid program, or if the Harrison County facility violates the terms of the written agreement by admitting or keeping in the facility on a regular or continuing basis more than forty-nine (49) patients who are participating in the Medicaid program, the State Department of Health shall revoke the license of the facility that is in violation of the agreement, at the time that the department determines, after a hearing complying with due process, that the facility has violated the agreement.
For purposes of this paragraph (u), the provisions of Section 41-7-193(1) requiring substantial compliance H.
For purposes of this paragraph (u), the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan are waived, and the provisions of Section 41-7-197 H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 28(RF\KP) with the projection of need as reported in the current State Health Plan are waived, and the provisions of Section 41-7-197 requiring a formal certificate of need hearing process are waived.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 29(RF\KP) requiring a formal certificate of need hearing process are waived.
(a) Of the total number of beds authorized under this subsection, the department shall issue a certificate of need to a privately owned psychiatric residential treatment facility in Simpson County for the conversion of sixteen (16) intermediate care facility for individuals with intellectual disabilities (ICF-IID) beds to psychiatric residential treatment facility beds, provided that facility agrees in writing that the facility shall give priority for the use of those sixteen (16) beds to H.
(a) Of the total number of beds authorized under this subsection, the department shall issue a certificate of need to a privately owned psychiatric residential treatment facility in Simpson County for the conversion of sixteen (16) intermediate care facility for individuals with intellectual disabilities (ICF-IID) beds to psychiatric residential treatment facility beds, provided that facility agrees in writing that the facility shall give priority for the use of those sixteen (16) beds to Mississippi residents who are presently being treated in out-of-state facilities.
H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 29(RF\KP) Mississippi residents who are presently being treated in out-of-state facilities.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 30(RF\KP) (b) Of the total number of beds authorized under this subsection, the department may issue a certificate or certificates of need for the construction or expansion of psychiatric residential treatment facility beds or the conversion of other beds to psychiatric residential treatment facility beds in Warren County, not to exceed sixty (60) psychiatric residential treatment facility beds, provided that the facility agrees in writing that no more than thirty (30) of the beds at the psychiatric residential treatment facility will be certified for participation in the Medicaid program (Section 43-13-101 et seq.) for the use of any patients other than those who are participating only in the Medicaid program of another state, and that no claim will be submitted to the Division of Medicaid for Medicaid reimbursement for more than thirty (30) patients in the psychiatric residential treatment facility in any day or for any patient in the psychiatric residential treatment facility who is in a bed that is not Medicaid-certified.
(b) Of the total number of beds authorized under this subsection, the department may issue a certificate or certificates of need for the construction or expansion of psychiatric residential treatment facility beds or the conversion of other beds to psychiatric residential treatment facility beds in Warren County, not to exceed sixty (60) psychiatric residential treatment facility beds, provided that the facility agrees in writing that no more than thirty (30) of the beds at the psychiatric residential treatment facility will be certified for participation in the Medicaid program (Section 43-13-101 et seq.) for the use of any patients other than those who are participating only in the Medicaid program of another state, and that no claim will be submitted to the Division of Medicaid for Medicaid reimbursement for more than thirty (30) patients in the psychiatric residential treatment facility in any day or for any patient in the psychiatric residential treatment facility who is in a bed that is not Medicaid-certified.
After this written agreement is executed, the Division of H.
After this written agreement is executed, the Division of Medicaid and the State Department of Health shall not certify more than thirty (30) of the beds in the psychiatric residential H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 30(RF\KP) Medicaid and the State Department of Health shall not certify more than thirty (30) of the beds in the psychiatric residential treatment facility for participation in the Medicaid program for the use of any patients other than those who are participating only in the Medicaid program of another state.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 31(RF\KP) treatment facility for participation in the Medicaid program for the use of any patients other than those who are participating only in the Medicaid program of another state.
(c) Of the total number of beds authorized under this subsection, the department shall issue a certificate of need to a hospital currently operating Medicaid-certified acute psychiatric beds for adolescents in DeSoto County, for the establishment of a forty-bed psychiatric residential treatment facility in DeSoto County, provided that the hospital agrees in writing (i) that the hospital shall give priority for the use of those forty (40) beds H.
(c) Of the total number of beds authorized under this subsection, the department shall issue a certificate of need to a hospital currently operating Medicaid-certified acute psychiatric beds for adolescents in DeSoto County, for the establishment of a forty-bed psychiatric residential treatment facility in DeSoto County * * *.
There shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the person(s) receiving the certificate of need authorized under this paragraph (c) or for the beds converted pursuant to the H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 31(RF\KP) to Mississippi residents who are presently being treated in out-of-state facilities, and (ii) that no more than fifteen (15) of the beds at the psychiatric residential treatment facility will be certified for participation in the Medicaid program (Section 43-13-101 et seq.), and that no claim will be submitted for Medicaid reimbursement for more than fifteen (15) patients in the psychiatric residential treatment facility in any day or for any patient in the psychiatric residential treatment facility who is in a bed that is not Medicaid-certified.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 32(RF\KP) authority of that certificate of need that would not apply to any other psychiatric residential treatment facility.
This written agreement by the recipient of the certificate of need shall be a condition of the issuance of the certificate of need under this paragraph, and the agreement shall be fully binding on any subsequent owner of the psychiatric residential treatment facility if the ownership of the facility is transferred at any time after the issuance of the certificate of need.
After this written agreement is executed, the Division of Medicaid and the State Department of Health shall not certify more than fifteen (15) of the beds in the psychiatric residential treatment facility for participation in the Medicaid program.
If the psychiatric residential treatment facility violates the terms of the written agreement by admitting or keeping in the facility on a regular or continuing basis more than fifteen (15) patients who are participating in the Medicaid program, the State Department of Health shall revoke the license of the facility, at the time that the department determines, after a hearing complying with due process, that the facility has H.
B.
No.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 32(RF\KP) violated the condition upon which the certificate of need was issued, as provided in this paragraph and in the written agreement.
(f) The department shall issue a certificate of need to a one-hundred-thirty-four-bed specialty hospital located on twenty-nine and forty-four one-hundredths (29.44) commercial acres at 5900 Highway 39 North in Meridian (Lauderdale County), Mississippi, for the addition, construction or expansion of child/adolescent psychiatric residential treatment facility beds H.
(f) The department shall issue a certificate of need to a one-hundred-thirty-four-bed specialty hospital located on twenty-nine and forty-four one-hundredths (29.44) commercial acres at 5900 Highway 39 North in Meridian (Lauderdale County), Mississippi, for the addition, construction or expansion of child/adolescent psychiatric residential treatment facility beds in Lauderdale County.
As a condition of issuance of the H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 33(RF\KP) in Lauderdale County.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 33(RF\KP) certificate of need under this paragraph, the facility shall give priority in admissions to the child/adolescent psychiatric residential treatment facility beds authorized under this paragraph to patients who otherwise would require out-of-state placement.
As a condition of issuance of the certificate of need under this paragraph, the facility shall give priority in admissions to the child/adolescent psychiatric residential treatment facility beds authorized under this paragraph to patients who otherwise would require out-of-state placement.
(4) (a) From and after March 25, 2021, the department may issue a certificate of need to any person for the new construction of any hospital, psychiatric hospital or chemical dependency hospital that will contain any child/adolescent psychiatric or H.
(4) (a) From and after March 25, 2021, the department may issue a certificate of need to any person for the new construction of any hospital, psychiatric hospital or chemical dependency hospital that will contain any child/adolescent psychiatric or child/adolescent chemical dependency beds, or for the conversion H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 34(RF\KP) child/adolescent chemical dependency beds, or for the conversion of any other health care facility to a hospital, psychiatric hospital or chemical dependency hospital that will contain any child/adolescent psychiatric or child/adolescent chemical dependency beds.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 34(RF\KP) of any other health care facility to a hospital, psychiatric hospital or chemical dependency hospital that will contain any child/adolescent psychiatric or child/adolescent chemical dependency beds.
For purposes of this subparagraph (ii), the provisions of Section 41-7-193(1) requiring substantial compliance H.
For purposes of this subparagraph (ii), the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 35(RF\KP) with the projection of need as reported in the current State Health Plan are waived.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 35(RF\KP) Health Plan are waived.
If by January 1, 2002, there has been no significant commencement of construction of the beds authorized under this subparagraph (iii), or no significant action taken to convert H.
If by January 1, 2002, there has been no significant commencement of construction of the beds authorized under this subparagraph (iii), or no significant action taken to convert existing beds to the beds authorized under this subparagraph, then H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 36(RF\KP) existing beds to the beds authorized under this subparagraph, then the certificate of need that was previously issued under this subparagraph shall expire.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 36(RF\KP) the certificate of need that was previously issued under this subparagraph shall expire.
(v) The department may issue a certificate of need to any county hospital located in Leflore County for the H.
(v) The department may issue a certificate of need to any county hospital located in Leflore County for the construction or expansion of adult psychiatric beds or the H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 37(RF\KP) construction or expansion of adult psychiatric beds or the conversion of other beds to adult psychiatric beds, not to exceed twenty (20) beds, provided that the recipient of the certificate of need agrees in writing that the adult psychiatric beds will not at any time be certified for participation in the Medicaid program and that the hospital will not admit or keep any patients who are participating in the Medicaid program in any of such adult psychiatric beds.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 37(RF\KP) conversion of other beds to adult psychiatric beds, not to exceed twenty (20) beds, provided that the recipient of the certificate of need agrees in writing that the adult psychiatric beds will not at any time be certified for participation in the Medicaid program and that the hospital will not admit or keep any patients who are participating in the Medicaid program in any of such adult psychiatric beds.
Agreement that the adult psychiatric beds will not be certified for participation in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this subparagraph (v), and if such hospital at any time after the issuance of the certificate of need, regardless of the ownership of the hospital, has any of such adult psychiatric beds certified for participation in the Medicaid program or admits or keeps any Medicaid patients in such adult psychiatric beds, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the hospital at the time that the department determines, after a hearing complying with due process, that the hospital has failed to comply with any of the conditions upon which the certificate of H.
Agreement that the adult psychiatric beds will not be certified for participation in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this subparagraph (v), and if such hospital at any time after the issuance of the certificate of need, regardless of the ownership of the hospital, has any of such adult psychiatric beds certified for participation in the Medicaid program or admits or keeps any Medicaid patients in such adult psychiatric beds, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the hospital at the time that the department determines, after a hearing complying with due process, that the hospital has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this subparagraph and in the written agreement by the recipient of the certificate of need.
H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 38(RF\KP) need was issued, as provided in this subparagraph and in the written agreement by the recipient of the certificate of need.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 38(RF\KP) (vi) The department may issue a certificate or certificates of need for the expansion of child psychiatric beds or the conversion of other beds to child psychiatric beds at the University of Mississippi Medical Center.
(vi) The department may issue a certificate or certificates of need for the expansion of child psychiatric beds or the conversion of other beds to child psychiatric beds at the University of Mississippi Medical Center.
(5) The department may issue a certificate of need to a county hospital in Winston County for the conversion of fifteen (15) acute care beds to geriatric psychiatric care beds.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 39(RF\KP) (5) The department may issue a certificate of need to a county hospital in Winston County for the conversion of fifteen (15) acute care beds to geriatric psychiatric care beds.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 39(RF\KP) (6) The State Department of Health shall issue a certificate of need to a Mississippi corporation qualified to manage a long-term care hospital as defined in Section 41-7-173(h)(xii) in Harrison County, not to exceed eighty (80) beds, including any necessary renovation or construction required for licensure and certification, provided that the recipient of the certificate of need agrees in writing that the long-term care hospital will not at any time participate in the Medicaid program (Section 43-13-101 et seq.) * * * except as a crossover provider.
(6) The State Department of Health shall issue a certificate of need to a Mississippi corporation qualified to manage a long-term care hospital as defined in Section 41-7-173(h)(xii) in Harrison County, not to exceed eighty (80) beds, including any necessary renovation or construction required for licensure and certification, provided that the recipient of the certificate of need agrees in writing that the long-term care hospital will not at any time participate in the Medicaid program (Section 43-13-101 et seq.) * * * except as a crossover provider.
Agreement that the long-term care hospital will not participate in the Medicaid program except as a crossover provider shall be a condition of the issuance of a certificate of need to any person under this subsection (6), and if such long-term care hospital at any time after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program * * * except as a crossover provider, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the long-term H.
Agreement that the long-term care hospital will not participate in the Medicaid program except as a crossover provider shall be a condition of the issuance of a certificate of need to any person under this subsection (6), and if such long-term care hospital at any time after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program * * * except as a crossover provider, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the long-term care hospital, at the time that the department determines, after a hearing complying with due process, that the facility has failed to comply with any of the conditions upon which the certificate of H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 40(RF\KP) care hospital, at the time that the department determines, after a hearing complying with due process, that the facility has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this subsection and in the written agreement by the recipient of the certificate of need.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 40(RF\KP) need was issued, as provided in this subsection and in the written agreement by the recipient of the certificate of need.
This subsection (6) shall be retroactive to July 1, 2023.
Any hospital meeting all federal requirements for participation in the swing-bed program which receives such certificate of need shall render services provided under the swing-bed concept to any patient eligible for Medicare (Title XVIII of the Social Security Act) who is certified by a physician to be in need of such services, and no such hospital shall permit any patient who is eligible for both Medicaid and Medicare or eligible only for Medicaid to stay in the swing beds of the hospital for more than H.
Any hospital meeting all federal requirements for participation in the swing-bed program which receives such certificate of need shall render services provided under the swing-bed concept to any patient eligible for Medicare (Title XVIII of the Social Security Act) who is certified by a physician to be in need of such services, and no such hospital shall permit any patient who is eligible for both Medicaid and Medicare or eligible only for Medicaid to stay in the swing beds of the hospital for more than thirty (30) days per admission unless the hospital receives prior approval for such patient from the Division of Medicaid, Office of H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 41(RF\KP) thirty (30) days per admission unless the hospital receives prior approval for such patient from the Division of Medicaid, Office of the Governor.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 41(RF\KP) the Governor.
(8) The Department of Health shall not grant approval for or issue a certificate of need to any person proposing the new construction of, addition to or expansion of a health care facility as defined in subparagraph (viii) of Section 41-7-173(h), H.
(8) The Department of Health shall not grant approval for or issue a certificate of need to any person proposing the new construction of, addition to or expansion of a health care facility as defined in subparagraph (viii) of Section 41-7-173(h), except as hereinafter provided:
Effective July 1, 2025, the department * * * shall issue a certificate of need to a nonprofit H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 42(RF\KP) except as hereinafter provided:
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 42(RF\KP) corporation located in Madison County, Mississippi, for the construction, expansion or conversion of * * * forty (40) beds in a community living program for developmentally disabled adults in a facility as defined in subparagraph (viii) of Section 41-7-173(h).
The department may issue a certificate of need to a nonprofit corporation located in Madison County, Mississippi, for the construction, expansion or conversion of not more than twenty (20) beds in a community living program for developmentally disabled adults in a facility as defined in subparagraph (viii) of Section 41-7-173(h).
(10) Health care facilities owned and/or operated by the state or its agencies are exempt from the restraints in this section against issuance of a certificate of need if such addition or expansion consists of repairing or renovation necessary to H.
(10) Health care facilities owned and/or operated by the state or its agencies are exempt from the restraints in this section against issuance of a certificate of need if such addition or expansion consists of repairing or renovation necessary to comply with the state licensure law.
This exception shall not H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 43(RF\KP) comply with the state licensure law.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 43(RF\KP) apply to the new construction of any building by such state facility.
This exception shall not apply to the new construction of any building by such state facility.
(12) The new construction, renovation or expansion of or addition to any veterans homes or domiciliaries for eligible veterans of the State of Mississippi as authorized under Section H.
(12) The new construction, renovation or expansion of or addition to any veterans homes or domiciliaries for eligible veterans of the State of Mississippi as authorized under Section 35-1-19 shall not require the issuance of a certificate of need, H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 44(RF\KP) 35-1-19 shall not require the issuance of a certificate of need, notwithstanding any provision in Section 41-7-171 et seq.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 44(RF\KP) notwithstanding any provision in Section 41-7-171 et seq.
however, this paragraph does not H.
however, this paragraph does not restrict or prevent a health care facility from decreasing its bed H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 45(RF\KP) restrict or prevent a health care facility from decreasing its bed capacity that it had before the Governor's or the President's proclamation, or from decreasing the levels of or decreasing or eliminating the types of health care services that it provided before the Governor's or the President's proclamation, when the damaged health care facility is repaired or rebuilt;
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 45(RF\KP) capacity that it had before the Governor's or the President's proclamation, or from decreasing the levels of or decreasing or eliminating the types of health care services that it provided before the Governor's or the President's proclamation, when the damaged health care facility is repaired or rebuilt;
(14) The State Department of Health shall issue a certificate of need to any hospital which is currently licensed for two hundred fifty (250) or more acute care beds and is located in any general hospital service area not having a comprehensive cancer center, for the establishment and equipping of such a H.
(14) The State Department of Health shall issue a certificate of need to any hospital which is currently licensed for two hundred fifty (250) or more acute care beds and is located in any general hospital service area not having a comprehensive cancer center, for the establishment and equipping of such a center which provides facilities and services for outpatient H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 46(RF\KP) center which provides facilities and services for outpatient radiation oncology therapy, outpatient medical oncology therapy, and appropriate support services including the provision of radiation therapy services.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 46(RF\KP) radiation oncology therapy, outpatient medical oncology therapy, and appropriate support services including the provision of radiation therapy services.
The linear accelerator and the magnetic resonance imaging unit shall be (a) located in the City of H.
The linear accelerator and the magnetic resonance imaging unit shall be (a) located in the City of Starkville, Oktibbeha County, Mississippi;
(b) operated jointly by H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 47(RF\KP) Starkville, Oktibbeha County, Mississippi;
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 47(RF\KP) Mississippi State University and the public or private health care provider selected by Mississippi State University through a request for proposals (RFP) process in which Mississippi State University selects, and the Board of Trustees of State Institutions of Higher Learning approves, the health care provider that makes the best overall proposal;
(b) operated jointly by Mississippi State University and the public or private health care provider selected by Mississippi State University through a request for proposals (RFP) process in which Mississippi State University selects, and the Board of Trustees of State Institutions of Higher Learning approves, the health care provider that makes the best overall proposal;
For purposes of this subsection, the provisions of Section 41-7-193(1) requiring substantial H.
For purposes of this subsection, the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 48(RF\KP) compliance with the projection of need as reported in the current State Health Plan and the provisions of Section 41-7-197 requiring a formal certificate of need hearing process are waived.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 48(RF\KP) State Health Plan and the provisions of Section 41-7-197 requiring a formal certificate of need hearing process are waived.
H.
(21) Nothing in this section or any other provision of Section 41-7-171 et seq.
shall prevent any health care facility H.
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 PAGE 49(RF\KP) (21) Nothing in this section or any other provision of Section 41-7-171 et seq.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 49(RF\KP) from the new construction, renovation, conversion or expansion of new beds in the facility designated as intensive care units, negative pressure rooms, or isolation rooms pursuant to the provisions of Sections 41-14-1 through 41-14-11, or Section 41-14-31.
shall prevent any health care facility from the new construction, renovation, conversion or expansion of new beds in the facility designated as intensive care units, negative pressure rooms, or isolation rooms pursuant to the provisions of Sections 41-14-1 through 41-14-11, or Section 41-14-31.
(22) Except as provided in this subsection (22), the University of Mississippi Medical Center shall comply with all provisions of this section.
The University of Mississippi Medical Center need not obtain a certificate of need for any hospital beds, services, health care facilities, or medical equipment which have been approved and continuously operated under a certificate of need exemption for a teaching hospital, or which are approved before July 1, 2025, so long as they do not undergo a physical relocation.
Thereafter, the University of Mississippi Medical Center has an academic exemption from the certificate of need requirements only within the following area in Jackson, Mississippi:
starting at the intersection of Livingston Road and Woodrow Wilson Avenue, proceeding east along the south curb line of Woodrow Wilson Avenue until it intersects the west curb line of U.S.
Interstate 55, proceeding north along the west curb line of U.S.
Interstate 55 H.
B.
No.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 50(RF\KP) until it intersects the north curb line of Lakeland Drive, proceeding west along the north curb line of Lakeland Drive and extending such curb line west until it intersects Livingston Road, and proceeding south along the west curb line of Livingston Road to the point of origin.
In order to qualify for an academic exemption, the state health officer must determine that the proposed equipment or facility fulfills a substantial and meaningful academic function.
(23) The State Department of Health shall issue a certificate of need to any psychiatric hospital located in Jackson, Mississippi, that was providing adult psychiatric services as of January 1, 2025, under certificate of need authority that was transferred to it within the past five (5) years under a change of ownership.
The new certificate of need shall authorize the continuation of these services, provided that the hospital relinquishes its existing authority to operate under the certificate of need authority transferred to the hospital as of the effective date of the new certificate of need.
(24) (a) The State Department of Health shall conduct a study to review and make recommendations regarding Section 41-7-171 et seq., to be specifically focused on the following topics:
(i) The feasibility of exempting small hospitals from the requirement for a certificate of need for the placement H.
B.
No.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 51(RF\KP) of dialysis units to reduce the number of transfers for patients requiring dialysis;
(ii) The feasibility of exempting small hospitals from the requirement for a certificate of need to operate geriatric psychiatric units;
and (iii) The feasibility of a new requirement that acute adult psychiatric units treat a certain percentage of uninsured patients or pay a periodic fee in lieu thereof.
(b) The department shall make a final report of its findings and recommendations, including any recommended legislation and funding needs, to the Legislature before December 1, 2025.
This act shall take effect and be in force from and after its passage, and the amendments to subsection (6) of 41-7-191 in this act shall be retroactive to July 1, 2023.
Section 41-7-173, Mississippi Code of 1972, is amended as follows:
41-7-173.
For the purposes of Section 41-7-171 et seq., the following words shall have the meanings ascribed herein, unless the context otherwise requires:
(a) "Affected person" means (i) the applicant;
(ii) a person residing within the geographic area to be served by the applicant's proposal;
(iii) a person who regularly uses health care facilities or HMOs located in the geographic area of the proposal which provide similar service to that which is proposed;
(iv) health care facilities and HMOs which have, prior to receipt of the application under review, formally indicated an intention to provide service similar to that of the proposal being H.
B.
No.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 52(RF\KP) considered at a future date;
(v) third-party payers who reimburse health care facilities located in the geographical area of the proposal;
or (vi) any agency that establishes rates for health care services or HMOs located in the geographic area of the proposal.
(b) "Certificate of need" means a written order of the State Department of Health setting forth the affirmative finding that a proposal in prescribed application form, sufficiently satisfies the plans, standards and criteria prescribed for such service or other project by Section 41-7-171 et seq., and by rules and regulations promulgated thereunder by the State Department of Health.
(c) (i) "Capital expenditure," when pertaining to defined major medical equipment, shall mean an expenditure which, under generally accepted accounting principles consistently applied, is not properly chargeable as an expense of operation and maintenance and which exceeds * * * Three Million Dollars ($3,000,000.00).
(ii) "Capital expenditure," when pertaining to other than major medical equipment, shall mean any expenditure which under generally accepted accounting principles consistently applied is not properly chargeable as an expense of operation and maintenance and which exceeds, for clinical health services, as defined in paragraph (k) below, * * * Ten Million Dollars ($10,000,000.00), * * * or which exceeds, for nonclinical health H.
B.
No.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 53(RF\KP) services, as defined in paragraph (k) below, * * * Twenty Million Dollars ($20,000,000.00).
(iii) A "capital expenditure" shall include the acquisition, whether by lease, sufferance, gift, devise, legacy, settlement of a trust or other means, of any facility or part thereof, or equipment for a facility, the expenditure for which would have been considered a capital expenditure if acquired by purchase.
Transactions which are separated in time but are planned to be undertaken within twelve (12) months of each other and are components of an overall plan for meeting patient care objectives shall, for purposes of this definition, be viewed in their entirety without regard to their timing.
(iv) In those instances where a health care facility or other provider of health services proposes to provide a service in which the capital expenditure for major medical equipment or other than major medical equipment or a combination of the two (2) may have been split between separate parties, the total capital expenditure required to provide the proposed service shall be considered in determining the necessity of certificate of need review and in determining the appropriate certificate of need review fee to be paid.
The capital expenditure associated with facilities and equipment to provide services in Mississippi shall be considered regardless of where the capital expenditure was made, in state or out of state, and regardless of the domicile of H.
B.
No.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 54(RF\KP) the party making the capital expenditure, in state or out of state.
(d) "Change of ownership" includes, but is not limited to, inter vivos gifts, purchases, transfers, lease arrangements, cash and/or stock transactions or other comparable arrangements whenever any person or entity acquires or controls a majority interest of an existing health care facility, and/or the change of ownership of major medical equipment, a health service, or an institutional health service.
Changes of ownership from partnerships, single proprietorships or corporations to another form of ownership are specifically included.
However, "change of ownership" shall not include any inherited interest acquired as a result of a testamentary instrument or under the laws of descent and distribution of the State of Mississippi.
(e) "Commencement of construction" means that all of the following have been completed with respect to a proposal or project proposing construction, renovating, remodeling or alteration:
(i) A legally binding written contract has been consummated by the proponent and a lawfully licensed contractor to construct and/or complete the intent of the proposal within a specified period of time in accordance with final architectural plans which have been approved by the licensing authority of the State Department of Health;
569 *HR43/R295* ~ OFFICIAL ~ 25/HR43/R295 ST:
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 55(RF\KP) (ii) Any and all permits and/or approvals deemed lawfully necessary by all authorities with responsibility for such have been secured;
and (iii) Actual bona fide undertaking of the subject proposal has commenced, and a progress payment of at least one percent (1%) of the total cost price of the contract has been paid to the contractor by the proponent, and the requirements of this paragraph (e) have been certified to in writing by the State Department of Health.
Force account expenditures, such as deposits, securities, bonds, et cetera, may, in the discretion of the State Department of Health, be excluded from any or all of the provisions of defined commencement of construction.
(f) "Consumer" means an individual who is not a provider of health care as defined in paragraph (q) of this section.
(g) "Develop," when used in connection with health services, means to undertake those activities which, on their completion, will result in the offering of a new institutional health service or the incurring of a financial obligation as defined under applicable state law in relation to the offering of such services.
(h) "Health care facility" includes hospitals, psychiatric hospitals, chemical dependency hospitals, skilled nursing facilities, end-stage renal disease (ESRD) facilities, H.
B.
No.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 56(RF\KP) including freestanding hemodialysis units, intermediate care facilities, ambulatory surgical facilities, intermediate care facilities for individuals with intellectual disabilities, home health agencies, psychiatric residential treatment facilities, pediatric skilled nursing facilities, long-term care hospitals, comprehensive medical rehabilitation facilities, including facilities owned or operated by the state or a political subdivision or instrumentality of the state, but does not include Christian Science sanatoriums operated or listed and certified by the First Church of Christ, Scientist, Boston, Massachusetts.
This definition shall not apply to facilities for the private practice, either independently or by incorporated medical groups, of physicians, dentists or health care professionals except where such facilities are an integral part of an institutional health service.
The various health care facilities listed in this paragraph shall be defined as follows:
(i) "Hospital" means an institution which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment and care of injured, disabled or sick persons, or rehabilitation services for the rehabilitation of injured, disabled or sick persons.
Such term does not include psychiatric hospitals.
(ii) "Psychiatric hospital" means an institution which is primarily engaged in providing to inpatients, by or under H.
B.
No.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 57(RF\KP) the supervision of a physician, psychiatric services for the diagnosis and treatment of persons with mental illness.
(iii) "Chemical dependency hospital" means an institution which is primarily engaged in providing to inpatients, by or under the supervision of a physician, medical and related services for the diagnosis and treatment of chemical dependency such as alcohol and drug abuse.
(iv) "Skilled nursing facility" means an institution or a distinct part of an institution which is primarily engaged in providing to inpatients skilled nursing care and related services for patients who require medical or nursing care or rehabilitation services for the rehabilitation of injured, disabled or sick persons.
(v) "End-stage renal disease (ESRD) facilities" means kidney disease treatment centers, which includes freestanding hemodialysis units and limited care facilities.
The term "limited care facility" generally refers to an off-hospital-premises facility, regardless of whether it is provider or nonprovider operated, which is engaged primarily in furnishing maintenance hemodialysis services to stabilized patients.
(vi) "Intermediate care facility" means an institution which provides, on a regular basis, health-related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is H.
B.
No.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 58(RF\KP) designed to provide, but who, because of their mental or physical condition, require health-related care and services (above the level of room and board).
(vii) "Ambulatory surgical facility" means a facility primarily organized or established for the purpose of performing surgery for outpatients and is a separate identifiable legal entity from any other health care facility.
Such term does not include the offices of private physicians or dentists, whether for individual or group practice, and does not include any abortion facility as defined in Section 41-75-1(f).
(viii) "Intermediate care facility for individuals with intellectual disabilities" means an intermediate care facility that provides health or rehabilitative services in a planned program of activities to persons with an intellectual disability, also including, but not limited to, cerebral palsy and other conditions covered by the Federal Developmentally Disabled Assistance and Bill of Rights Act, Public Law 94-103.
(ix) "Home health agency" means a public or privately owned agency or organization, or a subdivision of such an agency or organization, properly authorized to conduct business in Mississippi, which is primarily engaged in providing to individuals at the written direction of a licensed physician, in the individual's place of residence, skilled nursing services provided by or under the supervision of a registered nurse H.
B.
No.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 59(RF\KP) licensed to practice in Mississippi, and one or more of the following services or items:
1.
Physical, occupational or speech therapy;
2.
Medical social services;
3.
Part-time or intermittent services of a home health aide;
4.
Other services as approved by the licensing agency for home health agencies;
5.
Medical supplies, other than drugs and biologicals, and the use of medical appliances;
or 6.
Medical services provided by an intern or resident-in-training at a hospital under a teaching program of such hospital.
Further, all skilled nursing services and those services listed in items 1 through 4 of this subparagraph (ix) must be provided directly by the licensed home health agency.
For purposes of this subparagraph, "directly" means either through an agency employee or by an arrangement with another individual not defined as a health care facility.
This subparagraph (ix) shall not apply to health care facilities which had contracts for the above services with a home health agency on January 1, 1990.
(x) "Psychiatric residential treatment facility" means any nonhospital establishment with permanent licensed facilities which provides a twenty-four-hour program of care by H.
B.
No.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 60(RF\KP) qualified therapists, including, but not limited to, duly licensed mental health professionals, psychiatrists, psychologists, psychotherapists and licensed certified social workers, for emotionally disturbed children and adolescents referred to such facility by a court, local school district or by the Department of Human Services, who are not in an acute phase of illness requiring the services of a psychiatric hospital, and are in need of such restorative treatment services.
For purposes of this subparagraph, the term "emotionally disturbed" means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree, which adversely affects educational performance:
1.
An inability to learn which cannot be explained by intellectual, sensory or health factors;
2.
An inability to build or maintain satisfactory relationships with peers and teachers;
3.
Inappropriate types of behavior or feelings under normal circumstances;
4.
A general pervasive mood of unhappiness or depression;
or 5.
A tendency to develop physical symptoms or fears associated with personal or school problems.
An establishment furnishing primarily domiciliary care is not within this definition.
H.
B.
No.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 61(RF\KP) (xi) "Pediatric skilled nursing facility" means an institution or a distinct part of an institution that is primarily engaged in providing to inpatients skilled nursing care and related services for persons under twenty-one (21) years of age who require medical or nursing care or rehabilitation services for the rehabilitation of injured, disabled or sick persons.
(xii) "Long-term care hospital" means a freestanding, Medicare-certified hospital that has an average length of inpatient stay greater than twenty-five (25) days, which is primarily engaged in providing chronic or long-term medical care to patients who do not require more than three (3) hours of rehabilitation or comprehensive rehabilitation per day, and has a transfer agreement with an acute care medical center and a comprehensive medical rehabilitation facility.
Long-term care hospitals shall not use rehabilitation, comprehensive medical rehabilitation, medical rehabilitation, sub-acute rehabilitation, nursing home, skilled nursing facility or sub-acute care facility in association with its name.
(xiii) "Comprehensive medical rehabilitation facility" means a hospital or hospital unit that is licensed and/or certified as a comprehensive medical rehabilitation facility which provides specialized programs that are accredited by the Commission on Accreditation of Rehabilitation Facilities and supervised by a physician board certified or board eligible in physiatry or other doctor of medicine or osteopathy with at least H.
B.
No.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 62(RF\KP) two (2) years of training in the medical direction of a comprehensive rehabilitation program that:
1.
Includes evaluation and treatment of individuals with physical disabilities;
2.
Emphasizes education and training of individuals with disabilities;
3.
Incorporates at least the following core disciplines:
a.
Physical Therapy;
b.
Occupational Therapy;
c.
Speech and Language Therapy;
d.
Rehabilitation Nursing;
and 4.
Incorporates at least three (3) of the following disciplines:
a.
Psychology;
b.
Audiology;
c.
Respiratory Therapy;
d.
Therapeutic Recreation;
e.
Orthotics;
f.
Prosthetics;
g.
Special Education;
h.
Vocational Rehabilitation;
i.
Psychotherapy;
j.
Social Work;
k.
Rehabilitation Engineering.
H.
B.
No.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 63(RF\KP) These specialized programs include, but are not limited to:
spinal cord injury programs, head injury programs and infant and early childhood development programs.
(i) "Health maintenance organization" or "HMO" means a public or private organization organized under the laws of this state or the federal government which:
(i) Provides or otherwise makes available to enrolled participants health care services, including substantially the following basic health care services:
usual physician services, hospitalization, laboratory, x-ray, emergency and preventive services, and out-of-area coverage;
(ii) Is compensated (except for copayments) for the provision of the basic health care services listed in subparagraph (i) of this paragraph to enrolled participants on a predetermined basis;
and (iii) Provides physician services primarily:
1.
Directly through physicians who are either employees or partners of such organization;
or 2.
Through arrangements with individual physicians or one or more groups of physicians (organized on a group practice or individual practice basis).
(j) "Health service area" means a geographic area of the state designated in the State Health Plan as the area to be used in planning for specified health facilities and services and H.
B.
No.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 64(RF\KP) to be used when considering certificate of need applications to provide health facilities and services.
(k) "Health services" means clinically related (i.e., diagnostic, treatment or rehabilitative) services and includes alcohol, drug abuse, mental health and home health care services.
"Clinical health services" shall only include those activities which contemplate any change in the existing bed complement of any health care facility through the addition or conversion of any beds, under Section 41-7-191(1)(c) or propose to offer any health services if those services have not been provided on a regular basis by the proposed provider of such services within the period of twelve (12) months prior to the time such services would be offered, under Section 41-7-191(1)(d).
"Nonclinical health services" shall be all other services which do not involve any change in the existing bed complement or offering health services as described above.
(l) "Institutional health services" shall mean health services provided in or through health care facilities and shall include the entities in or through which such services are provided.
(m) "Major medical equipment" means medical equipment designed for providing medical or any health-related service which costs in excess of * * * Three Million Dollars ($3,000,000.00).
However, this definition shall not be applicable to clinical laboratories if they are determined by the State Department of H.
B.
No.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 65(RF\KP) Health to be independent of any physician's office, hospital or other health care facility or otherwise not so defined by federal or state law, or rules and regulations promulgated thereunder.
(n) "State Department of Health" or "department" shall mean the state agency created under Section 41-3-15, which shall be considered to be the State Health Planning and Development Agency, as defined in paragraph (u) of this section.
(o) "Offer," when used in connection with health services, means that it has been determined by the State Department of Health that the health care facility is capable of providing specified health services.
(p) "Person" means an individual, a trust or estate, partnership, corporation (including associations, joint-stock companies and insurance companies), the state or a political subdivision or instrumentality of the state.
(q) "Provider" shall mean any person who is a provider or representative of a provider of health care services requiring a certificate of need under Section 41-7-171 et seq., or who has any financial or indirect interest in any provider of services.
(r) "Radiation therapy services" means the treatment of cancer and other diseases using ionizing radiation of either high energy photons (x-rays or gamma rays) or charged particles (electrons, protons or heavy nuclei).
However, for purposes of a certificate of need, radiation therapy services shall not include H.
B.
No.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG PAGE 66(RF\KP) low energy, superficial, external beam x-ray treatment of superficial skin lesions.
(s) "Secretary" means the Secretary of Health and Human Services, and any officer or employee of the Department of Health and Human Services to whom the authority involved has been delegated.
(t) "State Health Plan" means the sole and official statewide health plan for Mississippi which identifies priority state health needs and establishes standards and criteria for health-related activities which require certificate of need review in compliance with Section 41-7-191.
(u) "State Health Planning and Development Agency" means the agency of state government designated to perform health planning and resource development programs for the State of Mississippi.
SECTION 3.
This act shall take effect and be in force from and after its passage.
H.
B.
No.
569 *HR43/R295SG* ~ OFFICIAL ~ 25/HR43/R295SG ST:
revise conditions for long-term care PAGE 50(RF\KP) hospital in Harrison County to allow participation in Medicaid.
revise conditions for long-term care PAGE 67(RF\KP) hospital in Harrison County to allow participation in Medicaid.
⬇ Download PDF
View plain text versions (3)

Amendments

3 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Vetoed

  2. Enrolled Bill Signed

  3. Enrolled Bill Signed

  4. Motion to Reconsider Tabled

  5. Motion to Reconsider Entered (Powell, Creekmore IV, Felsher)

  6. Concurred in Amend From Senate

  7. Returned For Concurrence

  8. Passed As Amended

  9. Amend Defeated on Reconsider

  10. Amended

  11. Reconsidered

  12. Motion to Reconsider Entered

  13. Passed As Amended

  14. Amended

  15. Title Suff Do Pass As Amended

  16. Referred To Public Health and Welfare

  17. Transmitted To Senate

  18. Passed

  19. Title Suff Do Pass

  20. Referred To Public Health and Human Services

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 173 not signed on · 3 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (173)

173 members have not signed on to this bill.

Show all 173 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence in Amendment From Senate

Passed 113 Yea · 3 Nay · 4 Other
Party YeaNayPresentNot Voting
Republican 73301
Democrat 35003
Independent 2000
Unaffiliated 3000
Total 113304
% of votes cast 94%3%0%3%
How each member voted (120)
Member Party Vote
Lancaster — Yea
Paden — Yea
Mr. Speaker — Yea
Bo Brown Democrat Yea
Bob Evans Democrat Yea
Bradford Blackmon Democrat Yea
Bryant W. Clark Democrat Yea
Carl Mickens Democrat Yea
Cedric Burnett Democrat Yea
Cheikh Taylor Democrat Yea
Christopher M. Bell Democrat Yea
Daryl Porter Democrat Yea
Earle S. Banks Democrat Yea
Fabian Nelson Democrat Yea
Gregory Holloway, Sr. Democrat Yea
Hester Jackson McCray Democrat Yea
Jeffery Harness Democrat Yea
Jeffrey Hulum III Democrat Yea
Jeramey Anderson Democrat Yea
John G. Faulkner Democrat Not Voting
John W. Hines, Sr. Democrat Yea
Juan Barnett Democrat Yea
Justis Gibbs Democrat Yea
Kabir Karriem Democrat Yea
Karl Gibbs Democrat Yea
Keith Jackson Democrat Yea
Kenji Holloway Democrat Yea
Lataisha Jackson Democrat Yea
Omeria Scott Democrat Not Voting
Oscar Denton Democrat Yea
Otis Anthony Democrat Yea
Percy W. Watson Democrat Yea
Robert L. Sanders Democrat Yea
Ronnie C. Crudup Democrat Yea
Solomon C. Osborne Democrat Yea
Stephanie Foster Democrat Yea
Tamarra Butler-Washington Democrat Yea
Timaka James-Jones Democrat Yea
Tracey T. Rosebud Democrat Yea
Willie Bailey Democrat Yea
Zakiya Summers Democrat Not Voting
Angela Cockerham Independent Yea
Shanda Yates Independent Yea
Andy Boyd Republican Yea
Becky Currie Republican Nay
Beth Luther Waldo Republican Yea
Bill Kinkade Republican Yea
Bill Pigott Republican Yea
Billy Adam Calvert Republican Yea
Brad Mattox Republican Yea
Brent Anderson Republican Yea
Brent Powell Republican Nay
C. Scott Bounds Republican Yea
Carolyn Crawford Republican Yea
Casey Eure Republican Yea
Celeste Hurst Republican Yea
Chris Johnson Republican Yea
Clay Deweese Republican Yea
Clay Mansell Republican Yea
Dan Eubanks Republican Yea
Dana McLean Republican Yea
Donnie Bell Republican Yea
Donnie Scoggin Republican Yea
Elliot Burch Republican Yea
Fred Shanks Republican Yea
Gene Newman Republican Yea
Greg Haney Republican Yea
Henry Zuber III Republican Yea
Jansen Owen Republican Yea
Jay McKnight Republican Yea
Jeff Hale Republican Yea
Jeffrey S. Guice Republican Yea
Jerry R. Turner Republican Yea
Jill Ford Republican Yea
Jim Estrada Republican Yea
Jimmy Fondren Republican Yea
Jody Steverson Republican Yea
Joey Hood Republican Yea
John Read Republican Yea
John Thomas "Trey" Lamar, III Republican Yea
Jonathan McMillan Republican Yea
Joseph Tubb Republican Yea
Josh Hawkins Republican Yea
Justin Keen Republican Yea
Karl Oliver Republican Yea
Ken Morgan Republican Yea
Kent McCarty Republican Yea
Kevin Blackwell Republican Yea
Kevin Felsher Republican Yea
Kevin Ford Republican Yea
Kevin Horan Republican Yea
Kimberly Remak Republican Yea
Lance Varner Republican Yea
Larry Byrd Republican Yea
Lee Yancey Republican Nay
Lester Carpenter Republican Yea
Manly Barton Republican Yea
Mark Tullos Republican Yea
Mike Thompson Republican Yea
Missy McGee Republican Yea
Noah Sanford Republican Yea
Philman Ladner Republican Yea
Price Wallace Republican Yea
Randy P. Boyd Republican Yea
Randy Rushing Republican Yea
Richard Bennett Republican Yea
Rob Roberson Republican Yea
Rodney Hall Republican Yea
Sam C. Mims, V Republican Not Voting
Sam Creekmore IV Republican Yea
Shane Aguirre Republican Yea
Stacey Hobgood-Wilkes Republican Yea
Stephen A. Horne Republican Yea
Steve Lott Republican Yea
Steve Massengill Republican Yea
Troy Smith Republican Yea
Vince Mangold Republican Yea
W.I. "Doc" Harris Republican Yea
William Tracy Arnold Republican Yea
Zachary Grady Republican Yea

Official roll call →

Passage as Amended

Passed 51 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 13000
Republican 32000
Unaffiliated 6000
Total 51000
% of votes cast 100%0%0%0%
How each member voted (51)
Member Party Vote
Horhn — Yea
Jordan — Yea
Parker — Yea
Polk — Yea
Robinson — Yea
Turner-Ford — Yea
Albert Butler Democrat Yea
Bradford Blackmon Democrat Yea
David Blount Democrat Yea
Derrick T. Simmons Democrat Yea
Gary Brumfield Democrat Yea
Hillman Terome Frazier Democrat Yea
Hob Bryan Democrat Yea
Joseph Thomas Democrat Yea
Juan Barnett Democrat Yea
Reginald Jackson Democrat Yea
Rod Hickman Democrat Yea
Sarita Simmons Democrat Yea
Sollie B. Norwood Democrat Yea
Andy Berry Republican Yea
Angela Burks Hill Republican Yea
Bart Williams Republican Yea
Benjamin Suber Republican Yea
Brian Rhodes Republican Yea
Brice Wiggins Republican Yea
Briggs Hopson Republican Yea
Chad McMahan Republican Yea
Chris Johnson Republican Yea
Chuck Younger Republican Yea
Daniel H. Sparks Republican Yea
Dean Kirby Republican Yea
Dennis DeBar, Jr. Republican Yea
J. Walter Michel Republican Yea
Jason Barrett Republican Yea
Jeff Tate Republican Yea
Jeremy England Republican Yea
Joel R. Carter, Jr. Republican Yea
Joey Fillingane Republican Yea
Joseph M. Seymour Republican Yea
Josh Harkins Republican Yea
Kathy L. Chism Republican Yea
Kevin Blackwell Republican Yea
Lydia Graves Chassaniol Republican Yea
Michael McLendon Republican Yea
Mike Thompson Republican Yea
Neil S. Whaley Republican Yea
Nicole Boyd Republican Yea
Philman Ladner Republican Yea
Rita Potts Parks Republican Yea
Scott DeLano Republican Yea
Tyler McCaughn Republican Yea

Official roll call →

Passage as Amended

Passed 51 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democrat 13000
Republican 32000
Unaffiliated 6000
Total 51000
% of votes cast 100%0%0%0%
How each member voted (51)
Member Party Vote
Horhn — Yea
Jordan — Yea
Parker — Yea
Polk — Yea
Robinson — Yea
Turner-Ford — Yea
Albert Butler Democrat Yea
Bradford Blackmon Democrat Yea
David Blount Democrat Yea
Derrick T. Simmons Democrat Yea
Gary Brumfield Democrat Yea
Hillman Terome Frazier Democrat Yea
Hob Bryan Democrat Yea
Joseph Thomas Democrat Yea
Juan Barnett Democrat Yea
Reginald Jackson Democrat Yea
Rod Hickman Democrat Yea
Sarita Simmons Democrat Yea
Sollie B. Norwood Democrat Yea
Andy Berry Republican Yea
Angela Burks Hill Republican Yea
Bart Williams Republican Yea
Benjamin Suber Republican Yea
Brian Rhodes Republican Yea
Brice Wiggins Republican Yea
Briggs Hopson Republican Yea
Chad McMahan Republican Yea
Chris Johnson Republican Yea
Chuck Younger Republican Yea
Daniel H. Sparks Republican Yea
Dean Kirby Republican Yea
Dennis DeBar, Jr. Republican Yea
J. Walter Michel Republican Yea
Jason Barrett Republican Yea
Jeff Tate Republican Yea
Jeremy England Republican Yea
Joel R. Carter, Jr. Republican Yea
Joey Fillingane Republican Yea
Joseph M. Seymour Republican Yea
Josh Harkins Republican Yea
Kathy L. Chism Republican Yea
Kevin Blackwell Republican Yea
Lydia Graves Chassaniol Republican Yea
Michael McLendon Republican Yea
Mike Thompson Republican Yea
Neil S. Whaley Republican Yea
Nicole Boyd Republican Yea
Philman Ladner Republican Yea
Rita Potts Parks Republican Yea
Scott DeLano Republican Yea
Tyler McCaughn Republican Yea

Official roll call →

Passage

Passed 117 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 76001
Democrat 36002
Independent 2000
Unaffiliated 3000
Total 117003
% of votes cast 98%0%0%3%
How each member voted (120)
Member Party Vote
Lancaster — Yea
Paden — Yea
Mr. Speaker — Yea
Bo Brown Democrat Yea
Bob Evans Democrat Yea
Bradford Blackmon Democrat Yea
Bryant W. Clark Democrat Not Voting
Carl Mickens Democrat Yea
Cedric Burnett Democrat Yea
Cheikh Taylor Democrat Yea
Christopher M. Bell Democrat Yea
Daryl Porter Democrat Yea
Earle S. Banks Democrat Yea
Fabian Nelson Democrat Yea
Gregory Holloway, Sr. Democrat Yea
Hester Jackson McCray Democrat Yea
Jeffery Harness Democrat Yea
Jeffrey Hulum III Democrat Yea
Jeramey Anderson Democrat Yea
John G. Faulkner Democrat Yea
John W. Hines, Sr. Democrat Yea
Juan Barnett Democrat Yea
Justis Gibbs Democrat Yea
Kabir Karriem Democrat Yea
Karl Gibbs Democrat Yea
Keith Jackson Democrat Yea
Kenji Holloway Democrat Yea
Lataisha Jackson Democrat Yea
Omeria Scott Democrat Yea
Oscar Denton Democrat Yea
Otis Anthony Democrat Yea
Percy W. Watson Democrat Yea
Robert L. Sanders Democrat Yea
Ronnie C. Crudup Democrat Yea
Solomon C. Osborne Democrat Yea
Stephanie Foster Democrat Yea
Tamarra Butler-Washington Democrat Yea
Timaka James-Jones Democrat Not Voting
Tracey T. Rosebud Democrat Yea
Willie Bailey Democrat Yea
Zakiya Summers Democrat Yea
Angela Cockerham Independent Yea
Shanda Yates Independent Yea
Andy Boyd Republican Yea
Becky Currie Republican Yea
Beth Luther Waldo Republican Yea
Bill Kinkade Republican Yea
Bill Pigott Republican Yea
Billy Adam Calvert Republican Yea
Brad Mattox Republican Yea
Brent Anderson Republican Yea
Brent Powell Republican Yea
C. Scott Bounds Republican Yea
Carolyn Crawford Republican Yea
Casey Eure Republican Yea
Celeste Hurst Republican Yea
Chris Johnson Republican Yea
Clay Deweese Republican Yea
Clay Mansell Republican Yea
Dan Eubanks Republican Yea
Dana McLean Republican Yea
Donnie Bell Republican Yea
Donnie Scoggin Republican Yea
Elliot Burch Republican Yea
Fred Shanks Republican Yea
Gene Newman Republican Yea
Greg Haney Republican Yea
Henry Zuber III Republican Yea
Jansen Owen Republican Yea
Jay McKnight Republican Yea
Jeff Hale Republican Yea
Jeffrey S. Guice Republican Yea
Jerry R. Turner Republican Yea
Jill Ford Republican Yea
Jim Estrada Republican Yea
Jimmy Fondren Republican Yea
Jody Steverson Republican Yea
Joey Hood Republican Yea
John Read Republican Yea
John Thomas "Trey" Lamar, III Republican Yea
Jonathan McMillan Republican Yea
Joseph Tubb Republican Yea
Josh Hawkins Republican Yea
Justin Keen Republican Yea
Karl Oliver Republican Yea
Ken Morgan Republican Yea
Kent McCarty Republican Yea
Kevin Blackwell Republican Yea
Kevin Felsher Republican Yea
Kevin Ford Republican Yea
Kevin Horan Republican Yea
Kimberly Remak Republican Yea
Lance Varner Republican Yea
Larry Byrd Republican Yea
Lee Yancey Republican Yea
Lester Carpenter Republican Yea
Manly Barton Republican Yea
Mark Tullos Republican Yea
Mike Thompson Republican Yea
Missy McGee Republican Yea
Noah Sanford Republican Yea
Philman Ladner Republican Yea
Price Wallace Republican Yea
Randy P. Boyd Republican Yea
Randy Rushing Republican Yea
Richard Bennett Republican Yea
Rob Roberson Republican Yea
Rodney Hall Republican Yea
Sam C. Mims, V Republican Not Voting
Sam Creekmore IV Republican Yea
Shane Aguirre Republican Yea
Stacey Hobgood-Wilkes Republican Yea
Stephen A. Horne Republican Yea
Steve Lott Republican Yea
Steve Massengill Republican Yea
Troy Smith Republican Yea
Vince Mangold Republican Yea
W.I. "Doc" Harris Republican Yea
William Tracy Arnold Republican Yea
Zachary Grady Republican Yea

Official roll call →

Subjects

healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 569?
HB 569 is sponsored by Kevin Felsher (Republican) and Sam Creekmore IV (Republican).
What is the current status of HB 569?
This bill died with 2025 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 569?
Track HB 569 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 569

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 569

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →