MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Public Health and Welfare

By: Representative Reynolds

AN ACT TO AMEND SECTION 41-7-187, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT COUNTY-OWNED HOSPITALS SHALL HAVE PRIORITY IN RECEIVING CERTIFICATES OF NEED FOR NURSING HOME BEDS WHENEVER MORE THAN ONE APPLICATION IS MADE FOR NURSING HOME BEDS IN CERTAIN COUNTIES AND ONE OF THE APPLICANTS IS A COUNTY-OWNED HOSPITAL; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 41-7-187, Mississippi Code of 1972, is amended as follows:

41-7-187. (1) The State Department of Health is hereby authorized to develop and implement a statewide health certificate of need program. The State Department of Health is authorized and empowered to adopt by rule and regulation:

(a) Criteria, standards and plans to be used in evaluating applications for certificates of need;

(b) Effective standards to determine when a person, facility or organization must apply for a certificate of need;

(c) Standards to determine when a change of ownership has occurred or will occur; and

(d) Review procedures for conducting reviews of applications for certificates of need.

(2) As part of the criteria, standards and plans to be used in evaluating applications for certificates of need that are adopted by the State Department of Health under paragraph (a) of subsection (1), the department shall include the following criteria or standard: Whenever more than one (1) application is made for a certificate of need for nursing home facility beds in any county having two (2) judicial districts and having a population of less than sixteen thousand (16,000), according to the most recent federal decennial census, and one (1) of the applicants is a county-owned hospital located in the county where nursing home facility beds become available, the department shall give priority to the county-owned hospital located in the county where nursing home facility beds become available in granting the certificate of need.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.