Emergency Certificate of Need — Eligibility and Procedures

Emergency Certificate of Need — Eligibility and Procedures. Any health care facility that finds it a matter of immediate necessity to make a capital expenditure for replacement of or repair to equipment or a facility caused by unforeseen or unpredictable events that may jeopardize the health or safety of its patients may file a request for an Emergency Certificate of Need. Emergency expenditures include those required for repair of fixed equipment to maintain the Page 23 — Mississippi State Department of Health provision of quality care, including but not limited to heating and air conditioning equipment, elevators, electrical transformers and switch gear, sterilization equipment, emergency generators, water supply, and other utility connections. A request shall be initiated by the facility’s administrative executive officer (or a designated administrative assistant) contacting a member of the Department’s staff responsible for administration of the CON Program. Justification shall be fully explained, including: the nature of the incurred loss or damage; the result or probable result of such loss or damage; the estimated cost or expenditure contemplated; the anticipated commencement date; the anticipated completion date; and such other information as requested by Department staff. Written notification confirming the emergency and all pertinent details shall be submitted to the Department as soon as possible following the initial contact. A nonrefundable fee of Five Thousand Dollars ($5,000.00) shall accompany each request for an Emergency CON. The fee shall be payable to the Department in a form approved by the Department. The Department shall not be required to process an Emergency CON request until the required fee has been received; provided, however, that the State Health Officer may waive the requirement that the fee accompany the initial request when necessary to address an immediate threat to the health or safety of patients. In such cases, the fee shall be submitted within five (5) business days of the Department’s acceptance of the request unless otherwise authorized by the Department. The State Health Officer, after obtaining required information, shall grant or deny the Emergency CON as expeditiously as possible and shall provide timely public notice of the decision. An Emergency CON shall not be valid for more than ninety (90) calendar days. A recipient must submit a formal CON application within fifteen (15) calendar days of the effective date of the Emergency CON addressing the same project. Normal CON procedures apply to such subsequent applications, except that no Notice of Intent shall be required. If the Department determines that the alleged emergency did not exist, that material facts were misrepresented, or that there was an intent to commit fraud, any Emergency CON previously granted may be revoked or rescinded by the State Health Officer.