Applications Unacceptable for Review

Applications Unacceptable for Review. An application for a Certificate of Need shall not be accepted from the same person for a proposal in a health planning area from which a previously submitted application for the same or a substantially similar service or equipment, as Page 26 — Mississippi State Department of Health determined by the Department, has been disapproved, unless one or more of the following conditions exist: 1. A substantial change has occurred in the existing or proposed health services of the type proposed by the applicant; 2. A substantial change has occurred in the need for the health service proposed by the applicant; or 3. At least one (1) year has elapsed from the date of the finding that resulted in disapproval of the previous application. A substantial change in existing or proposed services or facilities means the closure of a facility or service, or revocation of a CON, for that facility or service, which when taken into account results in an actual need for the proposed facility or service. Actual need means need as reflected by the appropriate plans, standards, or criteria in the most recent or current version of the State Health Plan. A substantial change in the need for a facility or service means an amendment, correction, or replacement of a standard, criterion, or plan of the Department that, when taken into account, results in an actual need for the type of service or facility proposed. The Department shall determine whether a substantial change has occurred as a threshold matter before accepting an otherwise barred application for review. A determination that a substantial change has occurred shall be made in writing and shall be included in the administrative record.