Bill Text: MS HB1617 | 2026 | Regular Session | Introduced

Mississippi House Bill 1617

Introduced

Bill Title: CON; require SDH to provide detailed explanation on its website of reasons for providing exemptions or deviating from the State Health Plan.

Sponsorship: Partisan Bill (Independent 1)

Status: (Failed) 2026-02-03 - Died In Committee [HB1617 Detail]

Download: Mississippi-2026-HB1617-Introduced.html

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Public Health and Human Services; State Affairs

By: Representative Cockerham

House Bill 1617

AN ACT TO AMEND SECTION 41-7-187, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF THE STATE DEPARTMENT OF HEALTH PROVIDES FOR AN ACADEMIC EXEMPTION FROM THE REQUIREMENTS OF THE CERTIFICATE OF NEED LAW FOR ANY ENTITY OR OTHERWISE EXEMPTS 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, THE DEPARTMENT SHALL PROVIDE A DETAILED EXPLANATION ON ITS WEBSITE OF THE REASONS FOR EXEMPTING THE PERSON OR ENTITY FROM THE REQUIREMENTS OF CERTIFICATE OF NEED LAW; TO AMEND SECTION 41-7-193, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT WHENEVER THE DEPARTMENT ISSUES A CERTIFICATE OF NEED THAT DOES NOT COMPLY WITH THE PROJECTION OF NEED IN THE APPLICABLE STATE HEALTH PLAN OR OTHERWISE DOES NOT FOLLOW THE STATE HEALTH PLAN WHEN ISSUING A CERTIFICATE OF NEED, THE DEPARTMENT SHALL PROVIDE A DETAILED EXPLANATION ON ITS WEBSITE OF THE REASONS FOR DEVIATING FROM THE STATE HEALTH PLAN WITH REGARD TO THE ISSUANCE OF THE CERTIFICATE OF NEED; 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. 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;

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

If the department provides for an academic exemption from the requirements of Section 41-7-171 et seq. for any entity or otherwise exempts 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 Section 41-7-171 et seq., under the authority of paragraph (b) of this section, the department shall provide a detailed explanation on its website of the reasons for exempting the person or entity from the requirements of Section 41-7-171 et seq.

SECTION 2. 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 in the State Health Plan in effect at the time the application for the proposal was submitted. Whenever the State Department of Health issues a certificate of need that does not comply with the projection of need in the applicable State Health Plan or otherwise does not follow the State Health Plan when issuing a certificate of need, the department shall provide a detailed explanation on its website of the reasons for deviating from the State Health Plan with regard to the issuance of the certificate of need.

(2) 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.

(3) 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 request to be made by the department within fifteen (15) days of the filing of the application.

SECTION 3. This act shall take effect and be in force from and after July 1, 2026.