Ownership Concentration Limitation

Ownership Concentration Limitation. Miss. Code Ann. § 41-7-190 prohibits any corporation, partnership, individual, or association of persons from owning, possessing, or exercising control over, in any manner, more than twenty percent (20%) of the beds in health care facilities defined as skilled nursing facilities under § 41-7-173(h)(iv) and intermediate care facilities under § 41-7-173(h)(vi) in any defined health service area of the State of Mississippi. Health care facilities owned, operated, or under control of the United States government, the State government, or a political subdivision of either are excluded from the limitation of this rule. The ownership concentration limitation of § 41-7-190 operates independently of the Certificate of Need review process. A CON issued pursuant to this Manual does not authorize or excuse a violation of § 41-7-190. The Department shall consider compliance with § 41-7-190 in reviewing applications for Certificates of Need involving skilled nursing facilities and intermediate care facilities. Nothing in this rule limits the authority of the Department to take action under Miss. Code Ann. § 41-7-209 against any person violating § 41-7-190.