Mississippi Administrative Code
Title 15 - Mississippi Department of Health
Part 8 - Office of Health Policy and Planning
Subpart 90 - Planning and Resource Development
Chapter 04 - Perinatal Care
Section 15-8-90-04-403 - Certificate of Need Criteria and Standards for Obstetrical Services
Section 15-8-90-04-403.02 - Certificate of Need Criteria and Standards for Obstetrical Services
Current through September 24, 2024
The Mississippi State Department of Health will review applications for a Certificate of Need to establish obstetric services under the statutory requirements of Sections 41-7-173, 41-7-191, and 41-7-193, Mississippi Code of 1972, as amended. MSDH will also review applications for Certificate of Need according to the general criteria listed in the Mississippi Certificate of Need Review Manual; all adopted rules, procedures, and plans of the Mississippi State Department of Health; and the specific criteria and standards listed below.
The establishment or expansion of Level I- basic or Level II- specialty perinatal services shall require approval under the Certificate of Need statute if the $5,000,000 capital expenditure threshold is crossed. Any hospital proposing to establish or expand existing services to become a Level III-subspecialty or Level IV-regional perinatal center shall require approval under the Certificate of Need statute.
Provision for individual units should be consistent with the regionalized perinatal care system involved. Those facilities desiring to provide obstetric services shall meet the Basic facility minimum standards as listed under Guidelines for the Operation of Perinatal Units found at the end of this chapter.
Need Criterion 1: Minimum Procedures
The application shall demonstrate how the applicant can reasonably expect to deliver a minimum of 150 babies the first full year of operation and 250 babies by the second full year. In this demonstration, the applicant shall document the number of deliveries performed in the proposed perinatal planning area (as described in Section 403.01, policy statement 2, by hospital).
Need Criterion 2: Perinatal Services
The application shall document that the facility will provide one of the three types of perinatal services: Basic, Specialty, or Subspecialty.
Need Criterion 3: Staffing Requirements
The facility shall provide full-time nursing staff in the labor and delivery area on all shifts. Nursing personnel assigned to nursery areas in Basic Perinatal Centers shall be under the direct supervision of a qualified registered nurse with extra training such as Neonatal Resuscitation Program (NRP) certification and the S.T.A.B.L.E program.
Need Criterion 4: Policies
Any facility proposing the offering of obstetrical services shall have written policies delineating responsibility for immediate newborn care, resuscitation, transfer to higher-level of care, selection and maintenance of necessary equipment, and training of personnel in proper techniques.
Need Criterion 5: Staff Required for Medical Emergency
The application shall document that the nurse, anesthesia, neonatal resuscitation, and obstetric personnel required for emergency cesarean delivery shall be in the hospital or readily available at all times.
Need Criterion 6: Travel Time
The application shall document that the proposed services will be available within one (1) hour normal driving time of 95 percent of the population in rural areas and within 30 minutes normal driving time in urban areas.
Need Criterion 7: Transfer of Patients in Medical Emergency
The applicant shall affirm that the hospital will have protocols for the transfer of medical care of the neonate in both routine and emergency circumstances.
Need Criterion 8: Data Requirements
The application shall affirm that the applicant will record and maintain, at a minimum, the following information regarding charity care and care to the medically indigent and make it available to the Mississippi State Department of Health within fifteen (15) business days of request:
a. source of patient referral;
b. utilization data, e.g., number of indigent admissions, number of charity admissions, and inpatient days of care;
c. demographic/patient origin data;
d. cost/charges data; and
e. Any other data pertaining directly or indirectly to the utilization of services by medically indigent or charity patients, which the Department may request.
Need Criterion 9: Non-Discrimination Provision
The applicant shall document that within the scope of its available services, neither the facility nor its participating staff shall have policies or procedures, which would exclude patients because of race, age, sex, ethnicity, or ability to pay.
