Mississippi State Department of Health

The Certificate of Need Process
Step-by-step details from submittal of application to final decision


15 Calendar Days Before CON Application Filed

Notice of Intent Filed with MSDH, Health Planning and Resource Development.

CON application received

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

45 Days After Receipt of Application: Ex parte rule takes effect

Staff Analysis published

Staff analysis with recommendation to approve or disapprove published on the website along with Legal Notice and in next CON Weekly Report. Letter sent to applicant.

Affected parties have 10 days from the date the Staff Analysis is published to request an administrative hearing.

55 days after receipt of application: Ex parte rule remains in effect

Hearing Requested

Hearing date set within 60 days from this date, unless all parties submit Agreement to Waive Time Periods; published in next CON Weekly report on-line.


Independent Hearing Officer conducts hearing, makes findings of fact and issues recommendation to State Health Officer within 45 days of close of hearing.

Legal Notice published on website informing public of date Final Order with decision by State Health Officer will be issued.

No Hearing Requested

Legal Notice published on website informing public when the Final Order with decision by State Health Officer will be issued.

90 days after receipt of application

Final Order issued by State Health Officer. Public notified by Press release issued by Office of Communications.

Within 20 days of issuance of final order

Appeal may be filed

Appeal must be filed in the appropriate Chancery Court.

Ex parte rule:

After publication of the staff analysis, and before a written 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 an 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.

Find this page at http://msdh.ms.gov/msdhsite/index.cfm/index.cfm

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