Competing Applications

Competing Applications. Where applications from competing Applicants are under review, the Department may evaluate the applications comparatively to determine which entity is the most appropriate applicant. The Department may use a variety of statistical methodologies, including market share analysis, patient origin data, and state agency reports. In the matter of competing applications for nursing facility beds, the Department shall conduct a comparative analysis and make a determination based upon ranking of all competing applications according to the following factors: size of facility; capital expenditure; cost per square foot; cost per bed; staffing; Medicare utilization; total cost to Medicaid; per diem cost to Medicaid; continuum of care services; and community support. Each factor shall be assigned an equal weight. Page 67 — Mississippi State Department of Health The application obtaining the lowest composite score shall be considered the most appropriate application. NOTE: Community support letters submitted by or on behalf of an Applicant for a nursing facility Certificate of Need are valid only if signed by individuals who are eighteen (18) years of age or older and who reside in the county in which the proposed nursing facility will be located. Each letter shall contain the name, address, occupation, and telephone number of the signee, and certification that the signee is eighteen (18) years of age or older. Any nursing facility applicant who signs a written agreement to maintain continuous ownership and operation of the proposed nursing facility for not less than three (3) years after initial licensure and who includes that agreement as part of the Certificate of Need application shall have one point deducted from the total composite score. In the event of default (selling or leasing the facility within three years from initial licensure), the Applicant shall be barred from filing a CON application for a nursing facility for a period of three (3) years from the date of default.