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 15-8-90-05-505 - Swing -Bed Programs and Extended Care Services
Section 15-8-90-05-505.02 - Certificate of Need Criteria and Standards for Swing-Bed Services
MSDH will review applications for a CON to establish swing-bed services 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 CON according to the general criteria listed in the Mississippi Certificate of Need Review Manual; all adopted rules, procedures, and plans of the MSDH; and the specific criteria and standards listed below.
Need Criterion 1: Federal Requirements
The application shall document that the hospital will meet all federal regulations regarding the swing-bed concept. However, a hospital may have more licensed beds or a higher average daily census (ADC) than the maximum number specified in federal regulations for participation in the swing-bed program.
Need Criterion 2: Resolution Adopted for Proposed Participation
The applicant shall provide a copy of the Resolution adopted by its governing board approving the proposed participation.
Need Criterion 3: Hospitals Proposing Beds over the Maximum allowed by Federal Law
If the applicant proposes to operate and staff more than the maximum number of beds specified in federal regulations for participation in the swing-bed program, the application shall give written assurance that only private pay patients will receive swing-bed services once the federal threshold is met.
Need Criterion 4: Medicare Recipients
The application shall affirm that upon receiving CON approval and meeting all federal requirements for participation in the swing-bed program, the applicant 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 need such services.
Need Criterion 5: Limitation on Medicare/Medicaid Patients
The application shall affirm that upon receiving CON approval and meeting all federal requirements for participation in the swing-bed program, the applicant shall not permit any patient who is eligible for both Medicaid and Medicare or is eligible only for Medicaid to stay in the swing-beds of a hospital for more than thirty (30) days per admission unless the hospital receives prior approval for such patient from the Division of Medicaid.
Need Criterion 6: Hospitals with More Licensed Beds or a Higher Average Daily Census
The application shall affirm that if the hospital has more licensed beds or a higher average daily census than the maximum number specified in federal regulations for participation in the swing-bed program, the applicant will develop a procedure to ensure that, before a patient is allowed to stay in the swing-beds of the hospital, there are no vacant nursing home beds available within a fifty (50) mile radius (geographic area) of the hospital. The applicant shall also affirm that if the hospital has a patient staying in the swing-beds of the hospital and the hospital receives notice from a nursing home located within a fifty (50) mile radius that there is a vacant bed available for that patient, the hospital shall transfer the swing-bed patient to the nursing home within five (5) days, exclusive of holidays and weekends, unless the patient's physician certifies that the transfer is not medically appropriate.
Need Criterion 7: Transfer Agreements
The applicant shall provide copies of transfer agreements entered into with each nursing facility within the applicant's geographic area.
Need Criterion 8: Failure to Comply
An applicant subject to the conditions stated in Need Criterion #5 shall affirm in the application that they will be subject to suspension from participation in the swing-bed program for a reasonable period of time by MSDH, after a hearing complying with due process, MSDH, determines that the hospital has failed to comply with any of those requirements.
