Mississippi Administrative Code
Title 15 - Mississippi Department of Health
Part 8 - Office of Health Policy and Planning
Subpart 90 - Planning and Resource Development
Chapter 07 - Other Health Services
Section 15-8-90-07-701 - Certificate of Need Criteria and Standards for Ambulatory Surgery Services
Section 15-8-90-07-701.02 - Certificate of Need Criteria and Standards for Ambulatory Surgery Services
Current through September 24, 2024
MSDH will review applications for a CON for new ambulatory surgery facilities, as defined in Mississippi law, under the statutory requirements of Sections 41-7-173, 41-7-191, and 41-7-193, Mississippi Code 1972 Annotated, as amended. MSDH will also review applications submitted for CON in accordance with the rules and regulations in the Mississippi Certificate of Need Review Manual; all adopted rules, procedures, and plans of MSDH; and the specific criteria and standards listed below.
Ambulatory surgery services require CON review when the establishment or expansion of the services involves a capital expenditure in excess of $10,000,000. In addition, the offering of ambulatory surgery services is reviewable if the proposed provider has not provided those services on a regular basis within twelve (12) months prior to the time such services would be offered, regardless of the capital expenditure.
Need Criteria 1: Minimum Surgeries
(a) An applicant proposing the establishment of a new ambulatory surgery facility shall demonstrate that the proposed ambulatory surgery facility shall perform a minimum average of 1,000 surgeries per operating room per year.
(b) An applicant proposing the expansion of an existing and licensed ambulatory surgery facility through the addition of operating rooms shall demonstrate that the applicant's facility has performed in aggregate at least 800 surgeries per operating room per year for the most recent twelve (12) month reporting period, as reflected in data supplied to and/or verified by MSDH.
Need Criteria 2: Minimum Population
The applicant must document that the proposed Ambulatory Surgery Facility Service Area has a population base of approximately 60,000 within 30 minutes travel time.
Need Criteria 3: Present Utilization of Ambulatory Surgery Services
The applicant proposing to offer ambulatory surgery services shall document that the existing facilities in the ambulatory surgery planning area have been utilized for a minimum of 800 surgeries per operating room per year for the most recent twelve (12) month reporting period as reflected in data supplied to and/or verified by MSDH. MSDH may collect additional information it deems essential to render a decision regarding any application.
Need Criteria 4: Affirmation of Provision of Surgical Services
The applicant must affirm that the proposed program shall provide a full range of surgical services in general surgery.
Need Criteria 5: Financial Feasibility
The applicant must provide documentation that the facility will be economically viable within two (2) years of initiation.
Need Criteria 6: Letters of Support
The proposed facility must show support from the local physicians who will be expected to utilize the facility.
Need Criteria 7: Staffing Requirements
Medical staff of the facility must live within a twenty-five (25) mile radius of the facility.
Need Criteria 8: Transfer Agreements/Follow-Up Services
The proposed facility must have a formal agreement with a full service hospital to provide services which are required beyond the scope of the ambulatory surgical facility's programs. The facility must also have a formal process for providing follow-up services to the patients (e.g., home health care, outpatient services) through proper coordination mechanisms.
Need Criteria 9: Indigent/Charity Care
The applicant shall affirm that the applicant will provide a "reasonable amount" of indigent/charity care by stating the amount of indigent/charity care the applicant intends to provide.
