Split-Party Capital Expenditures

Split-Party Capital Expenditures. Where a health care facility, health service provider, physician group, management company, developer, lessor, affiliate, related organization, or other Page 10 — Mississippi State Department of Health person proposes to provide or support a health service and the capital expenditure necessary to provide the service is divided among multiple persons or entities, the Department may consider the total capital expenditure required to implement the service. The Department may consider expenditures associated with facilities and equipment to provide services in Mississippi regardless of: (1) the location where the expenditure is incurred; (2) the location of the equipment or facility at the time of acquisition; (3) the domicile of the person making the expenditure; or (4) the form of the transaction. Nothing in this rule shall be construed to require Certificate of Need review of an expenditure that does not independently trigger review under applicable law solely by reason of its association with another party's expenditure. Where application of this rule would produce a result inconsistent with Miss. Code Ann. § 41-7-173(c), the statute controls.