Aggregation of Related Expenditures

Aggregation of Related Expenditures. For purposes of determining whether a proposed activity exceeds an applicable capital expenditure threshold, the Department may aggregate expenditures associated with related activities. Transactions separated in time but planned to be undertaken within twelve (12) months of one another and constituting components of an overall plan to accomplish a common project or patient care objective shall be evaluated collectively and not individually. In determining whether expenditures should be aggregated, the Department may consider whether the expenditures involve the same project or service; whether they are part of a common development plan; whether they are undertaken by related persons or entities; whether they are dependent upon one another; and whether they serve a common operational purpose. Nothing in this rule shall be construed to subject to CERTIFICATE OF NEED review any transaction or expenditure that is not independently subject to review under Miss. Code Ann. §§ 41-7-173(c) and 41-7-191. The twelve-month aggregation standard is an administrative interpretation of the statutory definition. Where application of this rule’s aggregation analysis would produce a result inconsistent with applicable statute, the statute controls.