Mississippi Code
Miss. Code Ann. § 41-7-187 (2026)
Certificate of need program
✓ current as of July 2026
The State Department of Health is hereby authorized to develop and implement a statewide health certificate of need program. The State Department of Health is authorized and empowered to adopt by rule and regulation:
- (a) Criteria, standards and plans to be used in evaluating applications for certificates of need;
- (b) Effective standards to determine when a person, facility or organization must apply for a certificate of need;
- (c) Standards to determine when a change of ownership has occurred or will occur; and
- (d) Review procedures for conducting reviews of applications for certificates of need.
Laws, 1979, ch. 451, § 8; Laws, 1986, ch. 437, § 38; Laws, 1987, ch. 515, § 5, eff. 7/1/1987.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1991–2024 · leading case: Dialysis Solution, LLC v. Mississippi State Dep't of Health, 31 So. 3d 1204 (Miss. 2010).
Dialysis Solution, LLC v. Mississippi State Dep't of Health, 31 So. 3d 1204 (Miss. 2010). “Miss. Code Ann. § 41-7-187 (Rev.2009). A CON must be obtained from the MSDH *1207 before a person may undertake any of the activities described in Section 41-7-191(1), which include the establishment of End-Stage Renal Disease (ESRD) facilities.”
St. Dominic-Jackson v. Miss. State Dept., 728 So. 2d 81 (Miss. 1998). “See Miss. Code Ann. §§ 41-7-187 , 41-7-189 (1993).”
Dept. of Health v. SW Miss. Med. Ctr., 580 So. 2d 1238 (Miss. 1991). “In pertinent part, Miss. Code Ann. § 41-7-187 (Supp. 1990) provides: The State Department of Health is hereby authorized to develop and implement a statewide health certificate of need program.”
Cain v. Mississippi State Dept. of Health, 666 So. 2d 506 (Miss. 1995). “See Miss. Code Ann. §§ 41-7-187 , 41-7-189 (1993).”
Mississippi State Dep't of Health v. Sw. Mississippi Reg'l Med. Ctr., 580 So. 2d 1238 (Miss. 1991). “In pertinent part, Miss.Code Ann. § 41-7-187 (Supp.1990) provides: The State Department of Health is hereby authorized to develop and implement a statewide health certificate of need program.”
Jackson HMA, LLC v. Mississippi State Dep't of Health, 98 So. 3d 980 (Miss. 2012). “Miss.Code Ann. § 41-7-187 (Rev.2009). . Id.”
Dialysis Solution, LLC v. Mississippi State Dep't of Health (Miss. 2008). “Miss. Code Ann. § 41-7-187 (Rev. 2009). A CON must be obtained from the MSDH before a person may undertake any of the activities described in Section 41-7-191(1), which include the establishment of End-Stage Renal Disease (ESRD) facilities.”
Encompass Health Rehab. Hosp. of Flowood, LLC & Mississippi State Dep't of Health v. Mississippi Methodist Hosp. & Rehab. Ctr., Inc. (Miss. 2024). “” Miss. Code Ann. § 41-7-173 (t) (Rev. 2023).”
St. Dominic Hosp. v. Mississippi State Dep't of Health (Miss. 1994). “See Miss. Code Ann. §§ 41-7-187 , 41-7-189 (1993).”
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