Determinations of Reviewability

Determinations of Reviewability. Any person may request a written Determination of Reviewability concerning whether a proposed activity is subject to Certificate of Need review. The request shall be submitted in writing, identify the requesting party, describe the proposed activity, include all relevant facts and supporting documentation, and include the required fee specified in Rule 3.10. A person seeking a determination that an activity is exempt from review, not subject to review, or otherwise outside the scope of CON review shall provide all information reasonably necessary for the Department to evaluate the request. Upon receipt of a request, notification to Affected Persons shall be made within five (5) business days by publication on the Department’s website. The Department shall issue its written determination within forty-five (45) calendar days after receipt of a complete request. A request for additional information tolls the response period until the requested information is received. The Department may request additional information reasonably necessary to evaluate the request and may decline to issue a determination where sufficient information is not provided. Applicants proposing certification as a Single Specialty Ambulatory Surgery Center, a Distinct Part Skilled Nursing Facility, or a Geropsychiatric Distinct Part Unit shall obtain a written Determination of Reviewability before proceeding. A Determination of Reviewability: 1. Applies only to the facts presented to the Department; 2. Does not constitute approval of a project; 3. Does not authorize commencement of any activity requiring a CON; 4. Does not supersede applicable law; and 5. May be relied upon only with respect to the facts presented to the Department. Page 21 — Mississippi State Department of Health A Determination of Reviewability may be modified, withdrawn, superseded, or deemed inapplicable where: 1. Material facts were omitted; 2. Material facts were inaccurately represented; 3. Circumstances materially change; 4. Applicable law changes; 5. The Department determines that continued reliance upon the determination would be inconsistent with law; or 6. The requesting party fails to provide notice of a material change as required by this Rule. A person who has requested or received a Determination of Reviewability shall notify the Department in writing within ten (10) business days after becoming aware of any material change in the facts upon which the determination was requested or issued.