15 MAC Pt. 9, R. 9.8
Scope of Exemption
Cite as 15 Miss. Admin. Code Pt. 9, R. 9.8
Scope of Exemption.
An exemption issued under the Pilot Program is solely an exemption from the
requirement to obtain a Certificate of Need under Miss. Code Ann. §§ 41-7-171
et seq. for the specific activity described in the exemption, within the applicable
geographic limitations. A Pilot Program exemption does not constitute, replace,
or substitute for any other license, certification, permit, or approval required
under state or federal law to operate a health care facility or health care service,
including but not limited to licensure by the Division of Health Facilities
Licensure and Certification, Medicare certification, Medicaid enrollment, and
any other required regulatory approval. A Small Community Hospital that
receives a Pilot Program exemption must obtain all other required regulatory
approvals before beginning operation of the exempted service.
An exemption issued under this chapter does not:
1. Authorize operation without required licensure from the Division of Health
Facilities Licensure and Certification or any other applicable licensing
authority;
2. Eliminate the need for Medicare certification, Medicaid enrollment, or other
federal program enrollment;
3. Eliminate the need for any other governmental approval, permit, or
certification required by state or federal law;
4. Supersede applicable zoning requirements;
5. Override applicable statutory moratoria under Miss. Code Ann. § 41-7-191,
except as expressly provided by the Pilot Program statute;
6. Apply to services or locations excluded by applicable law or rules in this
chapter; or
1. Create any vested right in the exemption holder beyond the specific activity
and geographic location for which the exemption was issued.