Fee-Shifting on Appeal

Fee-Shifting on Appeal Beginning July 1, 2026, any party aggrieved by a final order of the Department approving a Certificate of Need application that exercises the right of appeal to the Chancery Court of the First Judicial District of Hinds County, Mississippi under Miss. Code Ann. § 41-7-201(1) or (2), including any additional appeal to the Supreme Court of the State of Mississippi, shall be required to reimburse the Applicant whose application was approved for all reasonable attorney, consultant, and other fees related to the appeal if the Department’s final order approving the CON is not vacated or set aside by the chancery court or by the Supreme Court. This fee-shifting obligation applies to any appeal of an order approving a CON filed on or after July 1, 2026, regardless of when the underlying application was filed or the CON was issued. The fee-shifting obligation established by this rule is cumulative of, and does not limit or replace, any award of costs, fees, expenses, or attorney fees otherwise authorized by applicable law. The appeal bond required by Rule 5.21 constitutes security for obligations arising under this rule and for any costs, fees, expenses, or attorney fees otherwise recoverable under applicable law.