Incorporation by Reference

Incorporation by Reference. The Department may incorporate by reference into this Manual forms, schedules, application materials, filing instructions, checklists, guidance documents, and other administrative materials necessary for administration of the Certificate of Need Program, to the extent permitted by applicable law. Materials incorporated by reference shall be made available to the public on the Department’s website and at the Department’s offices during regular business hours. Incorporation by reference shall not be used to adopt substantive rules or criteria that would otherwise require rulemaking under the Mississippi Administrative Procedures Act. The Department shall publish on its website, and shall update annually, the current inflation-adjusted capital expenditure thresholds applicable to CON review under Miss. Code Ann. § 41-7-173(c)(ii). The published thresholds shall constitute the operative thresholds for determining whether CON review is required for the applicable review period. Page 72 — Mississippi State Department of Health