MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Public Health and Welfare

By: Senator(s) Bean

AN ACT TO AMEND SECTION 41-7-202, MISSISSIPPI CODE OF 1972, TO GIVE THE CHANCERY COURT THE DISCRETION TO GRANT A STAY OF PROCEEDINGS FOR CERTIFICATE OF NEED DECISIONS ISSUED BY THE STATE DEPARTMENT OF HEALTH; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 41-7-202, Mississippi Code of 1972, is amended as follows:

41-7-202. (1) There shall be a "stay of proceedings" of any written decision of the State Department of Health pertaining to a certificate of need for a home health agency, as defined in Section 41-7-173(h)(ix), for a period of thirty (30) days from the date of that decision. The stay of proceedings shall expire at the termination of thirty (30) days; however, no license to operate any such home health agency that is the subject of the decision shall be issued by the licensing agency, and no certification for such home health agency to participate in the Title XVIII or Title XIX programs of the Social Security Act shall be granted until all statutory appeals have been exhausted or the time for such appeals has expired. * * *

(2) The Chancery Court of the First Judicial District of Hinds County, Mississippi, in its discretion and based upon its review of the merits of the case, may cause a "stay of proceedings" of any written decision of the State Department of Health to any party appealing any final order of the State Department of Health pertaining to a certificate of need for any health care facility as defined in Section 41-7-173(h), with the exception of any home health agency as defined in Section 41-7-173(h)(ix). The decision of the court shall consider (a) whether any unduly prejudice would be caused to the parties; (b) would any party be subject to temporary or permanent harm, including financial loss; and (c) any public interest would be served. The stay of proceedings shall expire at the termination of thirty (30) days from the date of the issue from the court; however, no license to operate any service, facility or any proposal that is the subject of the decision shall be issued by the licensing agency.

SECTION 2. This act shall take effect and be in force from and after July 1, 1999.