15 Miss. Code. R. 9-92-1.2.1

Current through December 10, 2024
Rule 15-9-92-1.2.1

These definitions are in accordance with Senate Bill 2850, adopted by the Mississippi State Legislature in its regular 2004 session.

1. "Affected person," with respect to any application for a certificate of public advantage means:
a. The applicant(s);
b. Any person residing within the geographic service area of an applicant;
c. Health care purchasers who reimburse health care facilities located in the geographic service area of an applicant;
d. Any other person furnishing goods or services to, or in competition with, an applicant; or
e. Any other person who has notified the department in writing of his/her interest in applications for certificates of public advantage and has a direct economic interest in the decision.

Notwithstanding the foregoing, persons from other states who would otherwise be considered "affected persons" are not included, unless that other state provides for similar involvement of persons from Mississippi in a similar process in that state.

2. "Board" means the State Board of Health established under Section 41-3-1.
3. "Certificate of public advantage" means the formal written approval, including any conditions or modifications of a cooperative agreement, by the department.
4. "Cooperative agreement" means a contract, business, or financial arrangement, or any other activities or practices among two (2) or more rural hospitals for the sharing, allocation, or referral of patients; the sharing or allocation of personnel, instructional programs, support services and facilities, medical, diagnostic or laboratory facilities, procedures, equipment or other health care services; the acquisition or merger of assets among or by two (2) or more rural hospitals, including agreements to negotiate jointly with respect to price or other competitive terms with suppliers. The term "cooperative agreement" includes any amendments thereto with respect to which a certificate of public advantage has been issued or applied for or with respect to which a certificate of public advantage is not required, unless the context clearly requires otherwise.
5. "Department" means the State Department of Health created under Section 41-3-15.
6. "Geographic service area" means a defined area such as a zip code or a county from which a majority of a hospital's inpatients come as identified by the department's patient origin study data.
7. "Hospital" has the meaning set forth in Section 41-9-3.
8. "Rural area" means an area with a population density of less than one hundred (100) individuals per square mile; a municipality or a county with a population of less than seven thousand five hundred (7,500) individuals; or an area defined by the most recent United States Census as rural.
9. "Rural hospital" means a private or community hospital having at least one (1) or no more than seventy-five (75) licensed acute-care beds that is located in a rural area.
10. "State" means the State of Mississippi.
11. "State Health Officer" means the State Health Officer elected by the State Board of Health.

15 Miss. Code. R. 9-92-1.2.1

Miss. Code Ann. § 41-9-307