House Bill 922

AN ACT TO AMEND SECTIONS 41-7-173 AND 41-7-191, MISSISSIPPI CODE OF 1972, TO REMOVE CHEMICAL DEPENDENCY SERVICES AND FACILITIES, INTERMEDIATE CARE FACILITIES AND PSYCHIATRIC RESIDENTIAL TREATMENT FACILITIES FROM THE REQUIREMENTS OF THE HEALTH CARE CERTIFICATE OF NEED LAW; TO REMOVE HOSPITAL-BASED END STAGE RENAL DISEASE FACILITIES, MAGNETIC RESONANCE IMAGINING SERVICES AND DIAGNOSTIC IMAGINING SERVICES OF AN INVASIVE NATURE FROM THE REQUIREMENTS OF THE CERTIFICATE OF NEED LAW FROM AND AFTER JULY 1, 2029; TO INCREASE THE MINIMUM DOLLAR AMOUNTS OF CAPITAL EXPENDITURES AND MAJOR MEDICAL EQUIPMENT THAT REQUIRE THE ISSUANCE OF A CERTIFICATE OF NEED; TO DIRECT THE STATE DEPARTMENT OF HEALTH TO ISSUE A CERTIFICATE OF NEED TO A NONPROFIT CORPORATION LOCATED IN MADISON COUNTY FOR THE CONSTRUCTION, EXPANSION OR CONVERSION OF ADDITIONAL BEDS IN A COMMUNITY LIVING PROGRAM FOR DEVELOPMENTALLY DISABLED ADULTS IN AN INTERMEDIATE CARE FACILITY FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES; TO AUTHORIZE THE DEPARTMENT TO ISSUE CERTIFICATES OF NEED TO PERSONS FOR THE NEW CONSTRUCTION OF INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES, WITH NOT MORE THAN TEN BEDS AUTHORIZED BY ANY CERTIFICATE OF NEED AND NOT MORE THAN EIGHTY BEDS FOR ALL SUCH CERTIFICATES OF NEED; TO AMEND SECTION 41-7-185, MISSISSIPPI CODE OF 1972, TO DIRECT THE DEPARTMENT TO PREPARE A STATE HEALTH PLAN ANNUALLY USING THE MOST RECENT DATA AVAILABLE TO THE DEPARTMENT; TO AMEND SECTION 41-7-187, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE DEPARTMENT FROM EXEMPTING ANY PERSON OR ENTITY FROM HAVING TO OBTAIN A CERTIFICATE OF NEED FOR ANY ACTIVITY THAT WOULD OTHERWISE REQUIRE THE ISSUANCE OF A CERTIFICATE OF NEED UNDER THE CERTIFICATE OF NEED LAWS; TO AMEND SECTION 41-7-193, MISSISSIPPI CODE OF 1972, TO REQUIRE RECIPIENTS OF CERTIFICATES OF NEED TO MAKE WRITTEN PROGRESS REPORTS OF THEIR PROJECTS AT LEAST EVERY SIX MONTHS AND AT COMPLETION; TO PROVIDE THAT THE DEPARTMENT SHALL MONITOR THE PROJECTS TO ASSURE COMPLIANCE WITH STATED POLICIES, STANDARDS AND APPROVED COSTS; TO PROVIDE THAT THE DEPARTMENT SHALL PERIODICALLY REVIEW THE HEALTH CARE FACILITY, EQUIPMENT OR SERVICE AUTHORIZED BY THE CERTIFICATE OF NEED TO ENSURE THAT THE FACILITY, EQUIPMENT OR SERVICE IS BEING USED OR OPERATED FOR THE PURPOSE THAT WAS STATED IN THE APPLICATION FOR THE CERTIFICATE OF NEED AND IN A MANNER CONSISTENT WITH THE INFORMATION PROVIDED IN THE APPLICATION; TO AMEND SECTION 41-7-195, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A CERTIFICATE OF NEED MAY BE EXTENDED FOR UP TO TWELVE MONTHS IN THOSE CASES WHERE THE APPLICANT SHOWS TO THE SATISFACTION OF THE DEPARTMENT THAT A GOOD FAITH EFFORT HAS BEEN MADE TOWARD COMPLETION OF THE PROJECT; TO PROVIDE THAT A CERTIFICATE OF NEED MAY BE EXTENDED UP TO FOUR TIMES FOR NOT MORE THAN TWELVE MONTHS EACH TIME, WHERE CONSTRUCTION HAS NOT COMMENCED OR OTHER PREPARATION IS NOT SUBSTANTIALLY UNDERTAKEN RELATED TO THE CERTIFICATE OF NEED; TO PROVIDE THAT AFTER THE END OF THE PERIOD OF THE FOURTH TWELVE-MONTH EXTENSION, THE CERTIFICATE OF NEED SHALL EXPIRE, AND THE APPLICANT MUST APPLY FOR A NEW CERTIFICATE OF NEED; TO PROVIDE THAT A CERTIFICATE OF NEED SHALL BE REVOKED IF COMMENCEMENT OF CONSTRUCTION OR OTHER PREPARATION IS NOT SUBSTANTIALLY UNDERTAKEN DURING A VALID CERTIFICATE OF NEED PERIOD OR THE DEPARTMENT DETERMINES THE APPLICANT IS NOT MAKING A GOOD FAITH EFFORT TOWARD COMPLETION OF THE PROJECT; TO AMEND SECTION 41-7-201, MISSISSIPPI CODE OF 1972, TO REVISE THE PROCEDURE FOR APPEALS OF FINAL ORDERS OF THE STATE DEPARTMENT OF HEALTH PERTAINING TO CERTIFICATES OF NEED; TO PROVIDE THAT SUCH APPEALS SHALL BE HEARD BY A SPECIAL CHANCERY JUDGE APPOINTED BY THE SUPREME COURT; TO PROVIDE THAT THE SUPREME COURT SHALL APPOINT THE SPECIAL CHANCERY JUDGE WITHIN FIFTEEN CALENDAR DAYS AFTER THE DATE THAT THE APPEAL IS FILED; TO PROVIDE THAT THE FINAL ORDER OF THE SPECIAL CHANCERY JUDGE SHALL BE THE FINAL DECISION IN THE CASE, AND NO FURTHER APPEAL SHALL BE ALLOWED FROM THAT FINAL ORDER; TO BRING FORWARD SECTIONS 41-7-190, 41-7-197, 41-7-207 AND 41-7-209, MISSISSIPPI CODE OF 1972, WHICH PROVIDE FOR LIMITATIONS ON OWNERSHIP OF CERTAIN BEDS, PROVIDE FOR HEARINGS DURING THE COURSE OF REVIEW BEFORE A HEARING OFFICER, PROVIDE A REVIEW PROCESS FOR EMERGENCY REPLACEMENT, AND PROVIDE PENALTIES FOR VIOLATIONS, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO AMEND SECTION 9-1-105, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE APPOINTMENT OF SPECIAL CHANCERY JUDGES BY THE SUPREME COURT TO HEAR APPEALS OF CERTIFICATE OF NEED ORDERS; TO AMEND SECTIONS 41-3-15 AND 41-7-188, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; TO AMEND SECTIONS 41-77-1, 41-77-5, 41-77-21, 41-77-23 AND 41-77-25, MISSISSIPPI CODE OF 1972, TO DELETE ALL REFERENCES TO THE CERTIFICATE OF NEED LAW IN THE LICENSURE LAWS FOR BIRTHING CENTERS; TO CREATE NEW SECTION 43-11-10, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY LICENSE ISSUED ON OR AFTER JULY 1, 2025, BY THE DEPARTMENT FOR THE ESTABLISHMENT OF A NEW INTERMEDIATE CARE FACILITY FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES SHALL NOT AUTHORIZE MORE THAN TEN BEDS FOR THE FACILITY; TO PROVIDE THAT THE DEPARTMENT SHALL NOT AUTHORIZE ANY ADDITIONAL BEDS FOR ANY INTERMEDIATE CARE FACILITY FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES THAT IS OPERATING ON JULY 1, 2025, ABOVE THE NUMBER OF BEDS THAT WERE AUTHORIZED FOR THE FACILITY ON JULY 1, 2025; TO AUTHORIZE THE DEPARTMENT TO ISSUE A LICENSE TO THE OWNER OF ANY SUCH FACILITY FOR THE ESTABLISHMENT OF A NEW INTERMEDIATE CARE FACILITY FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES WITH NOT MORE THAN TEN BEDS AUTHORIZED FOR THE FACILITY; TO REPEAL SECTION 41-7-202, MISSISSIPPI CODE OF 1972, WHICH PROVIDES FOR A STAY OF PROCEEDINGS OF WRITTEN DECISIONS OF THE STATE DEPARTMENT OF HEALTH PERTAINING TO CERTIFICATES OF NEED FOR CERTAIN HEALTH CARE FACILITIES, AND SECTION 41-4-18, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE DEPARTMENT OF MENTAL HEALTH TO CONTRACT WITH PRIVATE AND/OR PUBLIC ENTITIES TO TRANSFER BEDS OF INTERMEDIATE CARE FACILITIES FOR INDIVIDUALS WITH INTELLECTUAL DISABILITIES OWNED AND OPERATED BY THE DEPARTMENT TO LOCATIONS OWNED AND OPERATED BY PRIVATE AND/OR PUBLIC ENTITIES; AND FOR RELATED PURPOSES.

In the House of Representatives

• Henry Zuber III

  Sponsor

l9n doesn't hold this bill's text yet.

In the House of Representatives Jan 17 – Jan 29

1. Jan 17Referred to the House committees on Public Health and Human Services and on State Affairs
2. Jan 28Reported as a committee substitute from PH to SA in the House: title sufficient, do pass
3. Reported as a committee substitute from SA to PH in the House: title sufficient, do pass
4. Reported from committee in the House: title sufficient, do pass as a committee substitute
5. Jan 29Committee substitute adopted in the House
6. Passed the House

In the Senate Jan 30 – Mar 4

1. Jan 30Sent to the Senate
2. Feb 14Referred to the Senate committee on Public Health and Welfare
3. Mar 4Died in committee in the Senate