Section 15-8-90-05-509.01 - Policy Statement Regarding Certificate of Need Applications for the Acquisition or Otherwise Control of Therapeutic Radiation Equipment, and/or the Offering of Therapeutic Radiation Services (other than Stereotactic Radiosurgery)1.Service Areas: MSDH shall determine the need for therapeutic radiation services equipment using the General Hospital Service Areas as presented in this chapter of the Plan. MSDH shall determine the need for therapeutic radiation services and equipment within a given service area independently of all other service areas. Map 5-1 shows the General Hospital Service Areas.2.Equipment to Population Ratio: The need for therapeutic radiation units (as defined) is determined to be one unit per 117,380 population (see methodology in Section 509.02.02 of the Plan). MSDH will consider out-of-state population in determining need only when the applicant submits adequate documentation acceptable to MSDH, such as valid patient origin studies.3.Limitation of New Services: When the therapeutic radiation unit-to-population ratio reaches one to 117,380 in a given general hospital service area, no new therapeutic radiation services may be approved unless the utilization of all the existing machines in a given hospital service area averaged 8,000 treatments or 320 patients per year for the two most recent consecutive years as reported on the "Renewal of Hospital License and Annual Hospital Report." For purposes of this policy Cesium-137 teletherapy units, Cobalt-60 teletherapy units designed for use at less than 80 cm SSD (source to skin distance), old betatrons and van de Graaf Generators, unsuitable for modern clinical use, shall not be counted in the inventory of therapeutic radiation units located in a hospital service area.4.Expansion of Existing Services: MSDH may consider a CON application for the acquisition or otherwise control of an additional therapeutic radiation unit by an existing provider of such services when the applicant's existing equipment has exceeded the expected level of patient service, i.e., 320 patients per year or 8,000 treatments per year for the two most recent consecutive years as reported on the facility's "Renewal of Hospital License and Annual Hospital Report."5.Equipment Designated for Backup: Therapeutic radiation equipment designated by an applicant as "backup" equipment shall not be counted in the inventory for CON purposes. Any treatments performed on the "backup" equipment shall be attributed to the primary equipment for CON purposes. "Backup" equipment should only be utilized when the primary equipment is deemed out of service.6.Definition of a Treatment: For health planning and CON purposes a patient "treatment" is defined as one individual receiving radiation therapy during a visit to a facility which provides megavoltage radiation therapy regardless of the complexity of the treatment or the number of "fields" treated during the visit.7.Use of Equipment or Provision of Service: Before the equipment or service can be utilized or provided, the applicant desiring to provide the therapeutic radiation equipment or service shall have CON approval or written evidence that the equipment or service is exempt from CON approval, as determined MSDH through a determination of non-reviewability.15 Miss. Code. R. 8-90-05-509.01