15 Miss. Code. R. 8-90-01-102.01
Section 41-7-187, Mississippi Code Annotated, as amended, authorizes MSDH to develop and implement the CON program. As the Mississippi Supreme Court recognized in Jackson HMA, LLC, et al. v. Mississippi State Department of Health, et al., 98 So.3d 980, 986 (Miss. 2012), through this statute and others the Legislature delegated to MSDH the authority to adopt rules and regulations "to determine when a CON is required." Therefore, any activity or project at the University of Mississippi Medical Center principally designed to train health professionals and/or further the academic research mission of the institution, shall not require the issuance of a CON, notwithstanding any provision in Section 41-7-171et seq. to the contrary, provided that any person proposing to undertake any such activity that may be subject to the CON program shall file a Determination of Reviewability, as authorized by Section 41-7-205 and the Mississippi Certificate of Need Review Manual or other regulations adopted by MSDH, that demonstrates the activity or project:
15 Miss. Code. R. 8-90-01-102.01