Adopted

 

AMENDMENT NO 1 PROPOSED TO

 

Cmte Sub for House Bill No.  848

 

BY: Representative Yancey

 

     AMEND by inserting the following new Section 3 and renumbering the succeeding sections:

     "SECTION 3.  Section 41-7-193, Mississippi Code of 1972, is amended as follows:

     41-7-193.  (1)  No person may enter into any financing arrangement or commitment for financing a new institutional health service or any other project requiring a certificate of need unless such certificate has been granted for such purpose.  A certificate of need shall not be granted or issued to any person for any proposal, cause or reason, unless the proposal has been reviewed for consistency with the specifications and the criteria established by the State Department of Health and substantially complies with the * * *projection of need as reported projected need and with the applicable criteria and standards presented in the state health plan in effect at the time the application for the proposal was submitted.

     (2)  The department shall disapprove any application for a certificate of need:

          (a)  That does not substantially comply with the projected need or with applicable criteria and standards presented in the state health plan;

          (b)  That fails to confirm that the applicant will provide a reasonable amount of indigent care, or if the applicant's admission policies deny or discourage access to care by indigent patients; or

          (c)  If such approval would have a significant adverse effect on the ability of an existing facility or service to provide indigent care.

     (3)  (a)  The department may use a variety of statistical methodologies, including, but not limited to, market share analysis or patient origin data to determine substantial compliance with projected need and with applicable criteria and standards in the state health plan.

          (b)  For the purpose of subsection (2) of this section, a reasonable amount of indigent care is an amount that is comparable to the amount of such care offered by other providers of the requested service within the same, or proximate, geographic area.  The State Health Officer shall determine whether the amount of indigent care provided or proposed to be offered by an applicant is reasonable.

     (4)  An application for a certificate of need for an institutional health service, medical equipment or any proposal requiring a certificate of need shall specify the time, within that granted, such shall be functional or operational according to a time schedule submitted with the application.  Each certificate of need shall specify the maximum amount of capital expenditure that may be obligated.  The State Department of Health shall periodically review the progress and time schedule of any person issued or granted a certificate of need for any purpose.

     ( * * *35)  An application for a certificate of need may be filed at any time with the department after the applicant has given the department fifteen (15) days' written notice of its intent to apply for a certificate of need.  The department shall not delay review of an application.  The department shall make its recommendation approving or disapproving a complete application within forty-five (45) days of the date the application was filed or within fifteen (15) days of receipt of any requested information, whichever is later, * * *said the request to be made by the department within fifteen (15) days of the filing of the application."

     AMEND further the title by inserting the following after the semicolon on line 6:  "TO AMEND SECTION 41-7-193, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE DEPARTMENT OF HEALTH SHALL DISAPPROVE ANY APPLICATION FOR A CERTIFICATE OF NEED THAT FAILS TO CONFIRM THAT THE APPLICANT WILL PROVIDE A REASONABLE AMOUNT OF INDIGENT CARE, OR IF THE APPLICANT'S ADMISSION POLICIES DENY OR DISCOURAGE ACCESS TO CARE BY INDIGENT PATIENTS, OR IF SUCH APPROVAL WOULD HAVE A SIGNIFICANT ADVERSE EFFECT ON THE ABILITY OF AN EXISTING FACILITY OR SERVICE TO PROVIDE INDIGENT CARE; TO PROVIDE THAT A REASONABLE AMOUNT OF INDIGENT CARE IS AN AMOUNT THAT IS COMPARABLE TO THE AMOUNT OF SUCH CARE OFFERED BY OTHER PROVIDERS OF THE REQUESTED SERVICE WITHIN THE SAME, OR PROXIMATE, GEOGRAPHIC AREA;