Mississippi Administrative Code
Title 15 - Mississippi Department of Health
Part 8 - Office of Health Policy and Planning
Subpart 90 - Planning and Resource Development
Chapter 01 - Introduction
Section 15-8-90-01-102 - General Certificate of Need Policies
Section 15-8-90-01-102.01 - Teaching Exception
Current through September 24, 2024
Section 41-7-187, Mississippi Code Annotated, as amended, authorizes MSDH to develop and implement the CON program. As the Mississippi Supreme Court recognized in Jackson HMA, LLC, et al. v. Mississippi State Department of Health, et al., 98 So.3d 980, 986 (Miss. 2012), through this statute and others the Legislature delegated to MSDH the authority to adopt rules and regulations "to determine when a CON is required." Therefore, any activity or project at the University of Mississippi Medical Center principally designed to train health professionals and/or further the academic research mission of the institution, shall not require the issuance of a CON, notwithstanding any provision in Section 41-7-171 et seq. to the contrary, provided that any person proposing to undertake any such activity that may be subject to the CON program shall file a Determination of Reviewability, as authorized by Section 41-7-205 and the Mississippi Certificate of Need Review Manual or other regulations adopted by MSDH, that demonstrates the activity or project:
1. is consistent with the teaching and/or academic research mission of the applicant;
2. is undertaken in support of a program(s) accredited by the Accreditation Council for Graduate Medical Education (ACGME), Liaison Committee on Medical Education (LCME), or other academic accrediting body, including but not limited to, the Commission on Collegiate Nursing Education (CCNE), Accreditation Council for Pharmacy Education (ACPE), Commission on Dental Accreditation (CODA), and Southern Association of Colleges and Schools Commission on Colleges (SACSCOC); and
3. addresses one or more priority health need(s) of the State Health Plan.
