15 Miss. Code. R. 8-90-07-701.02
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
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.
15 Miss. Code. R. 8-90-07-701.02