Section 15-8-90-02-204.01 - Policy Statement Regarding Certificate of Need Applications for the Offering of Nursing Home Care Services1. Legislation a. The 1990 Mississippi Legislature imposed a permanent moratorium which prohibits MSDH from granting approval for or issuing a Certificate of Need to any person proposing the new construction of, addition to, expansion of, or conversion of vacant hospital beds to provide skilled or intermediate nursing home care, except as specifically authorized by statute.b. Effective July 1, 1990, any health care facility defined as a psychiatric hospital, skilled nursing facility, intermediate care facility, intermediate care facility for the intellectually disabled, or psychiatric residential treatment facility that is owned by the State of Mississippi and under the direction and control of the State Department of Mental Health is exempted from the requirement of the issuance of a Certificate of Need under Section 41-7-171 et seq., for projects which involve new construction, renovation, expansion, addition of new beds, or conversion of beds from one category to another in any such defined health care facility.c. The 1999 Mississippi Legislature temporarily lifted the 1990 moratorium to allow a sixty (60) bed nursing facility to be added to each of twenty-six (26) counties with the greatest need between the years 2000 and 2003. The Legislature also permitted CONs for sixty (60) nursing facility beds for individuals with Alzheimer's in the northern, central, and southern parts of each of the Long-Term Care Planning Districts, for a total of 240 additional beds.d. Effective April 12, 2002, no health care facility shall be authorized to add any beds or convert any beds to another category of beds without a Certificate of Need.e. Effective March 4, 2003, if a health care facility has voluntarily delicensed some of its existing bed complement, it may later relicense some or all of its delicensed beds without the necessity of having to acquire a Certificate of Need. The facility must submit a letter requesting that the beds be placed in abeyance. The Department of Health shall maintain a record of the delicensing health care facility and its voluntarily delicensed beds and continue counting those beds as part of the state's total bed count for health care planning purposes.f. A health care facility that has ceased to operate for a period of sixty (60) months or more shall require a Certificate of Need prior to reopening.g. MSDH shall determine the need for additional nursing home care beds based on the Long Term Care Planning Districts (LTCPDs) as outlined on Map 2-1. MSDH shall calculate the statistical need for beds in each LTCPD independently of all other LTCPDs.2.Bed Need: The need for nursing home care beds is established at: 0.5 beds per 1,000 population aged 64 and under
10 beds per 1,000 population aged 65-74
36 beds per 1,000 population aged 75-84
135 beds per 1,000 population aged 85 and older
3.Population Projections: MSDH shall use population projections as presented in Table 2-3 when calculating bed need. These population projections are the most recent projections prepared by the State Data Center of Mississippi, University of Mississippi Center for Population Studies, February 13, 2018.4.Bed Inventory: MSDH shall review the need for additional nursing home beds using the most recent information available regarding the inventory of such beds.5.Size of Facility: MSDH shall not approve construction of a new or replacement nursing home care facility for less than sixty (60) beds. However, the number of beds authorized to be licensed in a new or replacement facility may be less than sixty (60) beds.6.Definition of CCRC: See the Glossary of this Plan.7.Medicare Participation: MSDH strongly encourages all nursing homes participating in the Medicaid program to also become certified for participation in the Medicare program.8.Alzheimer's/Dementia Care Unit: MSDH encourages all nursing home owners to consider the establishment of an Alzheimer's/Dementia Care Unit as an integral part of their nursing care program.15 Miss. Code. R. 8-90-02-204.01