Mississippi Administrative Code
Title 15 - Mississippi Department of Health
Part 8 - Office of Health Policy and Planning
Subpart 90 - Planning and Resource Development
Chapter 05 - Acute Care Facilities and Services Overview
Section 15-8-90-05-502 - Certificate of Need Criteria and Standards for General Acute Care Facilities
Section 15-8-90-05-502.02 - Certificate of Need Criteria and Standards for the Establishment of a General Acute Care Hospital

Universal Citation: MS Code of Rules 15-8-90-05-502.02

Current through September 24, 2024

MSDH will review applications for a CON to construct, develop, or otherwise establish a new hospital under the applicable statutory requirements of Sections 41-7-173, 41-7-191, and 41-7-193, Mississippi Code 1972, as amended. MSDH will also review applications for a Certificate of Need according to the general criteria listed in the Mississippi Certificate of Need Review Manual; all adopted rules, procedures, and plans of MSDH; and the specific criteria and standards listed below.

Need Criterion 1: Acute Care Hospital Need Methodology

With the exception of psychiatric, chemical dependency, and rehabilitation hospitals, MSDH will use the following methodologies to project the need for general acute care hospitals:

a. Counties Without a Hospital

MSDH shall determine hospital need by multiplying the state's average annual occupied beds per 1,000 population (1.41 in FY 2013) by the estimated 2023 county population to determine the number of beds the population could utilize. A hospital with a maximum of 100 beds may be considered if the following three conditions are met:

(i) the number of beds needed is 100 or more;

(ii) there is strong community support for a hospital; and

(iii) a hospital can be determined to be economically feasible.

b. Counties With Existing Hospitals

MSDH shall use the following formula to determine the need for an additional hospital in a county with an existing hospital:

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ADC = Average Daily Census

K = Confidence Factor of 2.57

The formula is calculated for each facility within a given General Hospital Service Area (GHSA); then beds available and beds needed under the statistical application of the formula are totaled and subtracted to determine bed need or excess within each GHSA. Map 5-1 delineates the GHSAs. A hospital with a maximum of 100 beds may be considered if the following three conditions are met:

(i) the number of beds needed is 100 or more;

(ii) there is strong community support for a hospital; and

(iii) a hospital can be determined to be economically feasible.

c. Counties with Existing Hospitals Located in an Underdeveloped General Hospital Service Area and With a Rapidly Growing Population

If the need methodology in b above shows that a need does not exist in that county, an Applicant may further demonstrate need for an acute care hospital not to exceed one hundred (100) beds if the county has a population in excess of 140,000 people; the county projects a population growth rate in excess of ten percent (10%) over the next ten (10) year period; and the county's GHSA does not presently exceed a factor of three beds per 1,000 population.

Further, any person proposing a new hospital under this criterion must meet the following conditions:

i. Provide an amount of indigent care in excess of the average of the hospitals in the General Hospital Service Area as determined by the State Health Officer;

ii. Provide an amount of Medicaid care in excess of the average of the hospitals in the General Hospital Service Area as determined by the State Health Officer; and

iii. If the proposed hospital will be located in a county adjacent to a county or counties without a hospital, the applicant must establish outpatient services in the adjacent county or counties without a hospital;

iv. Fully participate in the Trauma Care System at a level to be determined by the MSDH for a reasonable number of years to be determined by the State Health Officer. Fully participate means play in the Trauma Care System as provided in the Mississippi Trauma Care System Regulations and the new hospital shall not choose or elect to pay a fee not to participate or participate at a level lower than the level specified in the CON; and

v. The new hospital must also participate as a network provider in the State and School Employees' Health Insurance Plan as defined in Mississippi Code Section 25-15-3 and 25-15-9.

Need Criterion 2: Indigent/Charity Care

The applicant shall affirm that the applicant will provide a "reasonable amount" of indigent/charity care as described in Chapter 1 of this Plan.

Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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