15 Miss. Code. R. 9-91-1.2

Current through January 14, 2025

Rule 15-9-91-1.2 - Applications Unacceptable for Certificate of Need Review

An application for a CON shall not be accepted from the same person for a proposal in a health planning area from which a previously submitted application for like or similar service or equipment, as determined by the Department, has been disapproved unless one or more of the following conditions exist:

1. A substantial change has occurred in existing or proposed health services of the type proposed by the applicant.

2. A substantial change has occurred in the need for the health service proposed by the applicant.

3. At least one year has elapsed from the date of the finding that resulted in disapproval of the previous application.

A substantial change in existing or proposed services or facilities shall mean the closure of the facility or service, or revocation of a CON, for that facility or service which, when taken into account, will result in an actual need for a facility or service. "Actual need" means need as reflected by the appropriate plans, standards, or criteria as reflected in the most recent or current version of the State Health Plan.

A substantial change in the need for the facility or service shall mean an amendment, correction, or replacement of a standard, criterion, or plan of the Department, which when taken into account, will result in an actual need for the type of service or facility proposed.

15 Miss. Code. R. 9-91-1.2

Adopted 3/2/2017

Amended 4/9/2017

Amended 9/1/2019

Amended 11/13/2023