Judicial Review — Health Care Facilities Other Than Home Health

Judicial Review — Health Care Facilities Other Than Home Health Agencies Any party aggrieved by a final order of the Department pertaining to a Certificate of Need for any health care facility other than a home health agency shall have the right of direct appeal to the Chancery Court of the First Judicial District of Hinds County, Mississippi. The appeal must be filed within twenty (20) days after the date of the final order. An appeal of an order disapproving an application may alternatively be made to the chancery court of the county where the proposed construction, expansion, or alteration was to be located or the new service was to be provided and must be filed within twenty (20) days. Any appeal shall state briefly the nature of the proceedings before the Department and shall specify the order complained of. Any person whose rights may be materially affected may appear and become a party, or the court may order that such person be joined as a necessary party. Upon filing of an appeal, the clerk of the chancery court shall serve notice upon the Department, whereupon the Department shall, within thirty (30) days, or within such additional time as the court may allow for cause, certify to the chancery court the complete record in the case, including a transcript of all testimony, all exhibits or copies thereof, all pleadings, proceedings, orders, findings, and opinions. The parties and the Department may stipulate that only a specified portion of the record shall be certified. The chancery court shall give preference to appeals from CON proceedings and shall render a final order no later than one hundred twenty (120) days from the date of the Department’s final order. If the chancery court has not rendered a final order within the one hundred twenty (120)-day period, the Department’s final order shall be deemed affirmed and any party shall have the right to appeal to the Supreme Court on the record certified by the Department. Awards of costs, Page 43 — Mississippi State Department of Health fees, reasonable expenses, and attorney fees arising from such proceedings shall be governed by Rule 5.23 of this Manual and applicable law. Any appeal shall require the giving of a bond approved by the chancery court within five (5) days of the filing of the appeal. The bond shall secure obligations imposed pursuant to Rule 5.23 of this Manual and applicable law. No new or additional evidence shall be introduced in the chancery court. The case shall be determined upon the certified record. The court may sustain or dismiss the appeal, or modify or vacate the order complained of, in whole or in part. Awards of costs, fees, reasonable expenses, and attorney fees shall be governed by Rule 5.23 of this Manual and applicable law. The order shall not be vacated or set aside, except for errors of law, unless the court finds that the order of the Department is not supported by substantial evidence, is contrary to the manifest weight of the evidence, is in excess of the statutory authority or jurisdiction of the Department, or violates vested constitutional rights of a party. An order reversing the denial of a Certificate of Need shall not entitle the applicant to effectuate the Certificate of Need until either: 1. The order of the chancery court has become final and has not been appealed to the Supreme Court; or 2. The Supreme Court has entered a final order affirming the chancery court. Appeals in accordance with law may be had to the Supreme Court from any final judgment of the chancery court. The Supreme Court shall give preference to and conduct expedited review of such appeals and shall render a final order no later than one hundred twenty (120) days from the date the final judgment of the chancery court is certified to the Supreme Court. Within thirty (30) days after a final order of the Supreme Court, or a final order of the chancery court that is not appealed to the Supreme Court, modifying or vacating a Department order granting a Certificate of Need, the Department shall issue a further order in conformity with the court's decision.