15 Miss. Code. R. 9-91-6.6

Current through January 14, 2025
Rule 15-9-91-6.6 - Cost Overrun

Changes in capital expenditure not associated with substantive construction or service changes require application for a cost overrun approval. It is expected that each applicant will accurately and completely represent the cost associated with the project, so that when a CON is issued, a maximum capital expenditure is authorized.

In those cases where the expenditure maximum established by the Certificate of Need is exceeded, the applicant is required to request cost overrun approval. The following procedures shall apply to cost overrun applications.

1. The request for cost overrun shall be made in accordance with the cost overrun format.

For construction projects, a revised estimate signed by an architect licensed to practice in Mississippi or a contractor authorized by law to do business in Mississippi shall accompany the request for cost overrun. The request shall include a description of the method used to determine the revised cost estimate and the justification for each line item in the budget for which a cost overrun is requested. In addition to the above, a revised capital expenditure budget outlining all costs associated with the project and a copy of any bid quotations will be submitted.

a. In cost overrun requests for purchase of capital equipment, an official price quotation from the vendor or the manufacturer is required.
b. Cost overrun requests for construction projects shall be compared with national construction cost data as published in the latest edition of Building Construction Cost Data, Robert S. Means Co., Inc., Kingston, Massachusetts, or other bona fide reference.

Any cost overrun on a construction or a renovation project which locates cost in or above the upper one-fourth range for construction or renovation cost in the U.S. shall require additional documentation to explain the reasons.

c. Cost overrun requests which result in part or in whole from the requirement of the licensure and certification authority of the State shall be given special consideration. Appropriate documentation from the licensing and/or certification authority shall be submitted with the request.
d. The amount of the fee to be assessed on cost overruns will be calculated as follows:

.50 of 1% of the revised capital expenditure, less the original fee, not to exceed $25,000 but not less than $2,500.00.

For any proposal in which the estimated or actual cost exceeds the amount originally approved, a review by the State Health Officer shall be required.

15 Miss. Code. R. 9-91-6.6

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