2019 Mississippi Code
Title 41 - Public Health
Chapter 7 - Hospital and Health Care Commissions
Health Care Certificate of Need Law of 1979
§ 41-7-195. Certificate of need; validity; transferability; duration; revocation

Universal Citation:
MS Code § 41-7-195 (2019)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
  • (1) A certificate of need shall be valid only for the defined scope, physical location and person named in the application. A certificate of need shall not be transferable or assignable nor shall a project or capital expenditure project be transferred from one person to another, except with the approval of the State Department of Health. A certificate of need shall be valid for the period of time specified therein.

  • (2) A certificate of need shall be issued for a period of twelve (12) months, or such other lesser period as specified by the State Department of Health.

  • (3) The State Department of Health may define by regulation, not to exceed six (6) months, the time for which a certificate of need may be extended.

  • (4) If commencement of construction or other preparation is not substantially undertaken during a valid certificate of need period or the State Department of Health determines the applicant is not making a good faith effort to obligate such approved expenditure, the State Department of Health shall have the right to withdraw, revoke or rescind the certificate.

  • (5) The State Department of Health may approve or disapprove a proposal for a certificate of need as originally presented in final form, or it may approve a certificate of need by a modification, by reduction only, of such proposal provided the proponent agrees to such modification.

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