Definitions

Definitions. For purposes of this Manual, unless the context clearly requires otherwise, the following terms have the meanings set forth below. Terms defined by Miss. Code Ann. §§ 41-7-171 through 41-7-209 retain the meanings assigned by statute; the definitions below supply administrative interpretations necessary for implementation and do not modify statutory definitions. 1. Affected Person — a person or entity entitled by applicable law to notice, participation, hearing, appeal, or other procedural rights in connection with a CON matter, including: (i) the applicant; (ii) a person residing within the geographic area to be served by the applicant's proposal; (iii) a person who regularly uses health care facilities or health maintenance organizations located in the geographic area of the proposal that provide similar services to those proposed; (iv) health care facilities and health maintenance organizations that, before receipt of the application under review, have formally indicated an intention to provide services similar to those of the proposal; (v) third-party payers who reimburse health care facilities located in the geographical area of the proposal; and (vi) any agency that establishes rates for health care services or health maintenance organizations located in the geographic area of the proposal. 2. Aggrieved Party — a person or entity that has actively participated in proceedings before the Department, including by requesting a hearing during the course of review or by the timely filing of written comments that completely and formally set out objections to the application and the reasons therefor, and otherwise meets the requirements of applicable law for administrative or judicial review. 3. Applicant — any person or entity seeking a CON, Determination of Reviewability, Change of Ownership Review, Emergency CON, exemption determination, extension, modification, or other approval or determination administered under the CON Program. 4. Application — a request submitted to the Department seeking a CON or other approval administered under the CON Program, including all required forms, attachments, supporting documentation, certifications, and fees. 5. Bed Abeyance — the voluntary temporary removal from active licensure of one or more licensed beds without relinquishment of the facility’s ability to seek their return to active licensure as authorized by law. 6. By or On Behalf of — a capital expenditure, acquisition, lease, financing arrangement, construction activity, contractual commitment, or other transaction undertaken directly or indirectly for the benefit of a health care facility. Page 5 — Mississippi State Department of Health 7. Capital Expenditure — has the meaning assigned by Miss. Code Ann. § 41- 7-173, including the administrative interpretations set forth in Chapter 2 of this Manual. NOTE: The capital expenditure thresholds were amended by H.B. 3, 2026 Regular Session, effective February 4, 2026. Current statutory thresholds: major medical equipment — exceeds Three Million Dollars ($3,000,000.00); clinical health services other than major medical equipment — exceeds Ten Million Dollars ($10,000,000.00); nonclinical health services other than major medical equipment — exceeds Twenty Million Dollars ($20,000,000.00). These thresholds are subject to annual adjustment as provided by applicable law; the Department publishes current adjusted thresholds annually on its website. 8. Certificate of Need or CON — a written order issued by the State Health Officer setting forth the affirmative finding that a proposal in prescribed application form sufficiently satisfies the plans, standards, and criteria prescribed for such service or other project by Miss. Code Ann. §§ 41-7-171 et seq. and by rules and regulations promulgated thereunder. 9. Change in Project Scope — any material change to an approved project, including a substantial change in construction, renovation, capital expenditure, services to be offered, bed capacity, project location, ownership, major medical equipment, or other approved project characteristics. 10. Change of Ownership — a transaction or series of transactions resulting in a transfer of ownership, operation, management, control, controlling interest, assets, or other interest in a health care facility, health service, institutional health service, or major medical equipment. 11. Commencement of Construction — substantial initiation of approved construction, renovation, remodeling, alteration, replacement, or expansion activities, as documented by the evidence described in Chapter 6 of this Manual. 12. Complete Application — an application containing the information required by statute, this Manual, applicable State Health Plan provisions, Department forms and instructions, and any required filing fee, sufficient for the Department to begin substantive review. 13. Department — the Mississippi State Department of Health (“MSDH”). References to the “Division” or the “Division of Health Planning and Resource Development” in this Manual refer to an organizational unit of the Department; all such references are to the Department acting through that Division. Page 6 — Mississippi State Department of Health 14. Determination of Reviewability — a written determination issued by the Department under Miss. Code Ann. § 41-7-205 regarding whether a proposed activity is subject to CON review. 15. Electronic Filing — filing by electronic mail, electronic portal, or other electronic method authorized by the Department. 16. Emergency Certificate of Need — a CON issued on an emergency basis in accordance with applicable law and Chapter 3 of this Manual. 17. Final Order — the written decision of the State Health Officer approving, approving with conditions, denying, revoking, rescinding, withdrawing, or otherwise finally disposing of a matter under the CON Program. The Final Order constitutes final agency action from which appeal rights under Miss. Code Ann. § 41-7-201 and Chapter 5 of this Manual run. 18. Good Faith Effort — objective action taken by a CON holder to implement an approved project, including expenditures, contracts, design work, financing commitments, site development, licensure activities, staffing preparation, or acquisition of equipment. 19. Health Care Facility — has the meaning assigned by Miss. Code Ann. § 41- 7-173. 20. Health Service — has the meaning assigned by applicable law. 21. Institutional Health Service — has the meaning assigned by applicable law. 22. Major Medical Equipment — has the meaning assigned by Miss. Code Ann. § 41-7-173. 23. Material Project Modification — a change to an approved project that materially affects the project's nature, scope, location, cost, service capacity, ownership, timetable, equipment, bed complement, or consistency with the findings supporting approval. See also Chapter 6. 24. Notice of Intent — a filing submitted to the Department before submission of an application when required by applicable law or this Manual. 25. Person — has the meaning assigned by Miss. Code Ann. § 41-7-173. 26. Project — the activity, service, facility, equipment, expenditure, transaction, or undertaking proposed in an application or approved by a CON. 27. Similar Equipment — equipment having substantially comparable clinical function, purpose, capability, and use, even if differing in manufacturer, model, capacity, generation, or technical specifications. Page 7 — Mississippi State Department of Health 28. Small Community Hospital — has the meaning assigned by applicable law. See H.B. 1622 § 1 and S.B. 2474 § 8, 2026 Regular Session, and Chapter 9 of this Manual. 29. State Health Officer — the State Health Officer of the Mississippi State Department of Health or the State Health Officer’s authorized designee. 30. State Health Plan — the officially adopted State Health Plan in effect for purposes of CON review. 31. Substantial Progress — objective progress toward implementation of an approved project sufficient to demonstrate that the CON-holder is actively and materially pursuing completion of the approved project. 32. Working Day or Business Day — a day on which the Department is open for official business, excluding Saturdays, Sundays, legal holidays, and days on which the Department is closed.