15 Miss. Code. R. 8-90-03-306.02

Current through December 10, 2024

Section 15-8-90-03-306.02 - General Certificate of Need Criteria and Standards for Acute Psychiatric, Chemical Dependency, and/or Psychiatric Residential Treatment Facility Beds/Services

The Mississippi State Department of Health will review applications for a Certificate of Need for the establishment, offering, or expansion of acute psychiatric, chemical dependency treatment, and/or psychiatric residential treatment beds/services under the applicable statutory requirements of Sections 41-7-173, 41-7-191, and 41-7-193, Mississippi Code of 1972, as amended. The MSDH will also review applications for Certificate of Need according to the policies in this Plan; the general criteria listed in the Mississippi Certificate of Need Review Manual; all adopted rules, procedures, and plans of the Mississippi State Department of Health; and the general and service specific criteria and standards listed below.

The offering of acute psychiatric, chemical dependency treatment, and/or psychiatric residential treatment facility services is reviewable if the proposed provider has not offered those services on a regular basis within the period of twelve (12) months prior to the time such services would be offered. The construction, development, or other establishment of a new health care facility to provide acute psychiatric, chemical dependency treatment, and/or psychiatric residential treatment services requires CON review regardless of capital expenditure.

Need Criterion 1: Bed Need Requirements

a.New/Existing Acute Psychiatric, Chemical Dependency, and/or Psychiatric Residential Treatment Facility Beds/Services: The applicant shall document a need for acute psychiatric, chemical dependency, and/or psychiatric residential treatment facility beds using the appropriate bed need methodology as presented in this section under the service specific criteria and standards.

b.Projects that do not involve the Addition of Acute Psychiatric, Chemical Dependency, and/or Psychiatric Residential Treatment Facility Beds: The applicant shall document the need for the proposed project. Documentation may consist of, but is not limited to, citing of licensure or regulatory code deficiencies, institutional long-term plans duly adopted by the governing board, recommendations made by consultant firms, and deficiencies cited by accreditation agencies (JCAHO, CAP, etc.).

c.Projects that Involve the Addition of Beds: The applicant shall document the need for the proposed project. Exception: Notwithstanding the service specific statistical bed need requirements as stated in "a" above, MSDH may approve additional beds for facilities which have maintained an occupancy rate of at least eighty percent (80%) for the most recent twelve (12) month licensure reporting period or at least seventy percent (70%) for the most recent two (2) years.

d.Child Psychiatry Fellowship Program: Notwithstanding the service specific statistical bed need requirements as stated in "a" above, MSDH may approve a fifteen (15) bed acute child psychiatric unit at the University of Mississippi Medical Center for children aged four (4) to twelve (12) to provide a training site for psychiatric residents.

e.Establishment or Addition of Programs for the Exclusive Treatment of Adults for Primary Psychiatric Diagnosis of Post Traumatic Stress Disorder (PTSD): Notwithstanding the service specific statistical bed need requirements as stated in "a" above, MSDH may approve service and/or beds for the exclusive treatment of adults eighteen years of age and older with a primary psychiatric diagnosis of PTSD. The applicant shall document the need for the proposed project and justify the number of inpatient beds to be dedicated for such purpose.

Need Criterion 2: Data Requirements

The application shall affirm that the applicant will record and maintain, at a minimum, the following information regarding charity care and care to the medically indigent and make such information available to MSDH within fifteen (15) business days of request:

a. Source of patient referral;

b. Utilization data, e.g., number of indigent admissions, number of charity admissions, and inpatient days of care;

c. Demographic/patient origin data;

d. Cost/charges data; and

e. Any other data pertaining directly or indirectly to the utilization of services by the medically indigent or charity patients that MSDH request.

Need Criterion 3: Referral/Admission of Charity/Indigent Patients

A CON applicant desiring to provide or to expand chemical dependency, psychiatric, and/or psychiatric residential treatment facility services shall provide copies of signed memoranda of understanding with Community Mental Health Centers and other appropriate facilities within their patient service area regarding the referral and admission of charity and medically indigent patients.

Need Criterion 4: Letters of Commitment

Applicants should also provide letters of comment from the Community Mental Health Centers, appropriate physicians, community and political leaders, and other interested groups that may be affected by the provision of such care.

Need Criterion 5: Non-Discrimination Provision

The application shall document that within the scope of its available services, neither the facility nor its participating staff shall have policies or procedures which would exclude patients because of race, color, age, sex, ethnicity, or ability to pay.

Need Criterion 6: Charity/Indigent Care

The application shall document that the applicant will provide a reasonable amount of charity/indigent care as provided for in Chapter I of this Plan.

15 Miss. Code. R. 8-90-03-306.02

Amended 12/1/2014

Amended 3/1/2016

Adopted 7/1/2018

Amended 12/9/2018

Amended 11/20/2021

Amended 2/20/2022

Amended 5/29/2023