Section 15-8-90-07-701.01 - Policy Statement Regarding Certificate of Need Applications for Ambulatory Surgery Services1.Ambulatory Surgery Planning Areas (ASPAs): MSDH shall use the Ambulatory Surgery Planning Areas as outlined on Map 7-1 of this Plan for planning and CON decisions. The need for ambulatory surgery facilities in any given ASPA shall be calculated independently of all other ASPAs.2.Ambulatory Surgery Facility Service Areas: An applicant's Ambulatory Surgery Facility Service Area must have a population base of approximately 60,000 within thirty (30) minutes normal driving time or twenty-five (25) miles, whichever is greater, of the proposed/established facility. Note: Licensure standards require a freestanding facility to be within fifteen (15) minutes traveling time of an acute care hospital and a transfer agreement with said hospital must be in place before a CON may be issued. Additionally, the ambulatory surgery facility service area must have a stable or increasing population.3.Definitions: The Glossary of this Plan includes the definitions in the state statute regarding ambulatory surgery services.4.Surgeries Offered: MSDH shall not approve single service ambulatory surgery centers. Only multi-specialty ambulatory surgery center proposals may be approved for a CON.5.Minimum Surgical Operations: The minimum of 1,000 surgeries required to determine need is based on five (5) surgeries per operating room per day x five (5) days per week x fifty (50) weeks per year x eighty percent (80%) utilization rate.6.Present Utilization of Ambulatory Surgery Services: MSDH shall consider the utilization of existing services and the presence of valid CONs for services within a given ASPA when reviewing CON applications.7.Optimum Capacity: The optimum capacity of an ambulatory surgery facility is 800 surgeries per operating room per year. MSDH shall not issue a CON for the establishment of an additional facility(ies) unless the existing facilities within the ASPA have 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. MSDH may collect additional information it deems essential to render a decision regarding any application. Optimum capacity is based on four (4) surgeries per operating room per day x five (5) days per week x fifty (50) weeks per year x eighty percent (80%) utilization rate. This Policy Statement 7 shall not apply to applications proposing the expansion of an existing and licensed ambulatory surgery facility.8.Conversion of Existing Service: Applications proposing the conversion of existing inpatient capacity to hospital affiliated ambulatory surgical facilities located within the hospital shall receive approval preference over detached or freestanding ambulatory surgical facilities if the applicant can show that such conversion is less costly than new construction and if the application substantially meets other adopted criteria.9.Construction/Expansion of Facility: Any applicant proposing to construct a new facility or major renovation to provide ambulatory surgery must propose to build/renovate no fewer than two (2) operating rooms.10.Indigent/Charity Care: The applicant shall be required to provide a "reasonable amount" of indigent/charity care as described in Chapter 1 of this Plan.11.Single Specialty Ambulatory Surgery Facility: A single-specialty ambulatory surgical center ("ASC") is not considered an integral part of an institutional health service if a hospital or hospital's parent, subsidiary or affiliated entity directly or indirectly (i) employs or contracts with physicians, dentists, or health care professionals who own the ASC or practice at the ASC, (ii) owns, in whole or in part, the incorporated medical group that owns the ASC, (iii) jointly owns the ASC with physicians, dentists, or health care professionals, independently or by incorporated medical groups, or (iv) solely owns the ASC for credentialed physicians (whether employed, contracted or independent) to perform surgical procedures in the ASC that qualify for single-specialty status. The establishment of a single-specialty ASC does not require CON review; however, the facility must submit an application for a determination of non-reviewability prior to establishment of the single-specialty ASC.15 Miss. Code. R. 8-90-07-701.01