15 Miss. Code. R. 9-91-3.11

Current through January 14, 2025
Rule 15-9-91-3.11 - Certificate of Need Processing Fee

Per Miss. Code Ann. § 41-7-188, as may be amended from time to time, the amount of the processing fee to be assessed is determined by the following formula:

CON Fee = 0.50 x 1% of proposed capital expenditure

The minimum fee shall not be less than Five Thousand Dollars ($5,000) and the maximum fee shall not exceed Twenty-Five Thousand Dollars ($25,000.00).

Should the capital expenditure in the CON application differ from that in the notice of intent, the applicant must adjust the fee payment to conform to the fee stated in the CON application, being certain to capitalize only those increments of the total expenditure proposed which are appropriate.

Fee payment shall accompany the CON application and is payable to the Mississippi Department of Health by check, draft, or money order.

When a CON application is received by the Department, the capital expenditure will be determined, and the fee based on that amount. If the applicant has submitted overpayment of the CON fee as determined by the Department, the amount of the overpayment will be refunded. If partial payment of the CON fee has been submitted, the balance due must be received within fifteen (15) calendar days of receipt of partial payment due to the Department. The assessed CON fee, once paid, shall be non-refundable.

No application shall be deemed complete for the purpose of review until the required fee is received by the State Department of Health.

No filing fee shall be required for:

1. Any application submitted by an agency, department, institution, or facility which is operated, owned, and/or controlled by the State of Mississippi and which receives operating and/or capital expenditure funds solely by appropriations from the Legislature of the State; or
2. Any application submitted by a health care facility for repairs or renovation determined by the Health Facilities Licensure and Certification Division of the Department, in writing, to be necessary to avoid revocation of license and/or loss of certification for participation in the Medicaid and/or Medicare Programs. Any proposed expenditure in excess of the amount determined by the Department to be necessary to accomplish the stated purpose shall be subject to fee requirements previously detailed.

15 Miss. Code. R. 9-91-3.11

Adopted 3/2/2017
Amended 4/9/2017
Amended 9/1/2019
Amended 11/13/2023