Adopted

AMENDMENT NO 2 TO COMMITTEE AMENDMENT NO 1 PROPOSED TO

Senate Bill No. 2859

BY: Representatives Woods, Franks

     AMEND by inserting the following new subsections (16) and (17) after line 1119 and renumbering the succeeding subsection:

     "(17)  The State Department of Health shall issue a certificate of need for the construction of a new comprehensive general acute care hospital in Lee County, with not less than one hundred (100) nor more than two hundred and fifty (250) acute care beds.  As a condition of the issuance of the certificate of need under this subsection, the recipient of the certificate of need must agree in writing to participate in all state and federal health care reimbursement programs, including, but not limited to, Medicare, Medicaid, CHAMPUS, CHIP, and to provide treatment to patients who are beneficiaries of the State and School Employees Health Insurance Program.  This written agreement by the recipient of the certificate of need shall be fully binding on any later owner of the hospital, if the ownership of the hospital is transferred at any time after the issuance of the certificate of need.  If, after the issuance of the certificate of need, the hospital fails to participate in the state and federal health care reimbursement programs as required under this subsection, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny, suspend or revoke the license of the hospital, at the time that the department determines, after a hearing complying with due process, that the hospital has failed to comply with the conditions upon which the certificate of need was issued, as provided in this subsection and in the written agreement by the recipient of the certificate of need.  For purposes of this subsection, the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan are waived.

     (18)  The State Department of Health shall issue a certificate of need for the construction of a new acute care hospital in the City of Olive Branch in DeSoto County, not to exceed one hundred fifty (150) acute care beds.  For purposes of this subsection, the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan are waived."

     AMEND FURTHER the title on line 6 by inserting the following after the semicolon:

"TO PROVIDE THAT THE STATE DEPARTMENT OF HEALTH SHALL ISSUE A CERTIFICATE OF NEED FOR THE CONSTRUCTION OF A NEW COMPREHENSIVE GENERAL ACUTE CARE HOSPITAL IN LEE COUNTY; TO PROVIDE THAT, AS A CONDITION OF THE ISSUANCE OF THE CERTIFICATE OF NEED, THE RECIPIENT OF THE CERTIFICATE OF NEED MUST AGREE IN WRITING TO PARTICIPATE IN ALL STATE AND FEDERAL HEALTH CARE REIMBURSEMENT PROGRAMS OR THE DEPARTMENT WILL SUSPEND OR REVOKE THE LICENSE OF THE HOSPITAL; TO PROVIDE THAT THE STATE DEPARTMENT OF HEALTH SHALL ISSUE A CERTIFICATE OF NEED FOR THE CONSTRUCTION OF A NEW ACUTE CARE HOSPITAL IN THE CITY OF OLIVE BRANCH IN DESOTO COUNTY;"