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The Certificate of Need Process

Step-by-step details from application to final decision  
This page has been automatically translated from English. MSDH has not reviewed this translation and is not responsible for any inaccuracies.
30 days before start of application review cycle

Notice of Intent Filed with MDH

 

CON application received

Notice of application receipt appears in the on-line CON Weekly Report. Application is reviewed for completeness within 15 days of receipt.

   
Incomplete Application
Applicant is notified; 15 days allowed for completion
 

Complete Application
30-day comment period begins. Notice published in newspaper and on-line. Letters sent to affected parties.

   

45 days after receipt of applicationEx parte rule takes effect

Staff Analysis Report published.
Staff recommendation to approve or disapprove published in the CON Weekly Report and in newspaper. Letters to affected parties mailed.

 

Review Period Begins
90-day review period begins on publication of Staff Analysis

20-day period to request hearing begins


65 days after receipt of applicationEx parte remains in effect

Hearing Requested
Hearing date set 60 days from this date; notice published in newspaper and on-line in CON Weekly Report.

40 days prior to hearing: Parties exchange documents.

30 days prior to hearing: Subpoenas must be served.

20 days prior to hearing: Production of documents due; other evidentiary motions.

15 days prior to hearing: Legal notice published; affected parties notified.

10 days prior to hearing: Pre-trial held; non-evidentiary motions. Enter pre-trail order.

  Hearing Waived
Application placed on agenda for decision by State Health Officer at next monthly CON meeting

Hearing
Hearing Officer conducts hearing, makes findings of fact and recommendation. Proceedings of hearing issued to State Health Officer.

Application placed on agenda for decision by State Health Officer at next monthly CON meeting


Within 20 days of decision

Appeal may be filed
Appeal must be filed in the appropriate Chancery Court within 20 days.

 


Ex parte rule: after the publication of the staff analysis, and before a written decision is made by the State Health Officer, there shall be no ex parte contacts between (a) any person acting on behalf of the applicant or holder of the CON or any person opposed to the issuance or in favor of the withdrawal of the CON and (b) the State Health Officer; the Deputy State Health Officer; the Director and Deputy Director of the Office of Health Regulation, the hearing officer; or the staff of Health Planning and Resource Development.

Ex parte restrictions hold from the beginning of the application's 90-day review period until a written recommendation from the State Health Officer is received.
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Last reviewed on Jan 13, 2015
Mississippi State Department of Health 570 East Woodrow Wilson Dr Jackson, MS 39216 866-HLTHY4U web@HealthyMS.com
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