Stay of Proceedings — Home Health Agency Certificates of Need

Stay of Proceedings — Home Health Agency Certificates of Need. Pursuant to Miss. Code Ann. § 41-7-202, there shall be a stay of proceedings of any written decision of the Department pertaining to a Certificate of Need for a home health agency, as defined in Miss. Code Ann. § 41-7-173, for a period of thirty (30) days from the date of that decision. Page 42 — Mississippi State Department of Health The stay shall expire at the termination of thirty (30) days; however, no license to operate any such home health agency that is the subject of the decision shall be issued by the licensing agency, and no certification for such home health agency to participate in the Title XVIII or Title XIX programs of the Social Security Act shall be granted, until all statutory appeals have been exhausted or the time for such appeals has expired. The stay of proceedings provided by this rule applies exclusively to home health agency CON decisions under § 41-7-202. It does not apply to final orders pertaining to CONs for any other health care facility, which are governed by Rule 5.19 of this Manual. The two stay provisions are separate and independent.