15 MAC Pt. 9, R. 5.22
Judicial Review โ Home Health Agencies
Cite as 15 Miss. Admin. Code Pt. 9, R. 5.22
Judicial Review โ Home Health Agencies.
Judicial review of final orders pertaining to a Certificate of Need for a home
health agency, as defined in Miss. Code Ann. ยง 41-7-173, shall be governed by
Miss. Code Ann. ยง 41-7-201(1).
Appeals shall be filed within thirty (30) days after the date of the final order in
the Chancery Court of the First Judicial District of Hinds County, Mississippi,
Page 44 โ Mississippi State Department of Health
or, in the case of an order disapproving an application, in the chancery court of
the county where the proposed service was to be provided.
The standards of review and record-certification requirements applicable to CON
appeals shall apply to home health agency appeals to the extent provided by
Miss. Code Ann. ยง 41-7-201(1).
Awards of costs, fees, reasonable expenses, and attorney fees shall be governed
by Rule 5.23 of this Manual and applicable law.
The appeal-bond requirement applicable to appeals governed by Rule 5.21 does
not apply to home health agency appeals unless otherwise provided by law.
Supreme Court review of home health agency Certificate of Need appeals shall
be governed by Miss. Code Ann. ยง 41-7-201(1)(d).