Mississippi Code
Miss. Code Ann. § 41-7-193 (2026)
Certificate of need; new institutional health services and other projects
✓ current as of July 2026
- (1) No person may enter into any financing arrangement or commitment for financing a new institutional health service or any other project requiring a certificate of need unless such certificate has been granted for such purpose. A certificate of need shall not be granted or issued to any person for any proposal, cause or reason, unless the proposal has been reviewed for consistency with the specifications and the criteria established by the State Department of Health and substantially complies with the projection of need as reported in the state health plan in effect at the time the application for the proposal was submitted.
- (2) An application for a certificate of need for an institutional health service, medical equipment or any proposal requiring a certificate of need shall specify the time, within that granted, such shall be functional or operational according to a time schedule submitted with the application. Each certificate of need shall specify the maximum amount of capital expenditure that may be obligated. The State Department of Health shall periodically review the progress and time schedule of any person issued or granted a certificate of need for any purpose.
- (3) An application for a certificate of need may be filed at any time with the department after the applicant has given the department fifteen (15) days' written notice of its intent to apply for a certificate of need. The department shall not delay review of an application. The department shall make its recommendation approving or disapproving a complete application within forty-five (45) days of the date the application was filed or within fifteen (15) days of receipt of any requested information, whichever is later, said request to be made by the department within fifteen (15) days of the filing of the application.
Laws, 1979, ch. 451, § 12; Laws, 1980, ch. 493, § 6; Laws, 1982, ch. 482, § 3; Laws, 1983, ch. 484, § 6; Laws, 1985, ch. 534, § 9; Laws, 1986, ch. 437, § 41; Laws, 1993, ch. 467, § 1, eff. 3/29/1993.
Amended by Laws, 2016, ch. 412, SB 2661, 2, eff. 7/1/2016.
Notes of Decisions
Cited in 18
cases, 1988–2018 · leading case: Oktibbeha Cnty. Hosp. v. MISSISSIPPI DOH, 956 So. 2d 207 (Miss. 2007).
Oktibbeha Cnty. Hosp. v. MISSISSIPPI DOH, 956 So. 2d 207 (Miss. 2007). “" Miss. Code Ann. § 41-7-193 (1) (Rev.2005).”
Dialysis Solution, LLC v. Mississippi State Dep't of Health, 31 So. 3d 1204 (Miss. 2010). “Miss.Code Ann. § 41-7-193(1) (Rev.2009). No CON shall be issued unless the project proposed in the application for such CON has been reviewed for consistency with the specifications and criteria established by the MSDH and substantially complies with the projection of need as…”
Grant Ctr. Hosp. of Mississippi, Inc. v. Health Grp. of Jackson, Mississippi, Inc., 528 So. 2d 804 (Miss. 1988). “Initially, state law did not incorporate the federal requirement that decisions to issue CONs comply with the current state health plan.”
Dept. of Health v. SW Miss. Med. Ctr., 580 So. 2d 1238 (Miss. 1991). “Miss. Code Ann. § 41-7-193 (1) (Supp. 1990); Grant Center Hospital of Mississippi, Inc.”
Baptist Mem'l Hosp.-Desoto, Inc. v. Mississippi State Dep't of Health, 214 So. 3d 277 (Miss. 2017). “” Miss. Code Ann. § 41-7-193 (1) (emphasis added).”
Hti Health Servs. of Ms., Inc. v. State Dept. of Health, 603 So. 2d 848 (Miss. 1992). “Miss. Code Ann. § 41-7-193 (1) (Supp. 1991); Grant Center Hospital of Mississippi, Inc.”
STATE DEPT. OF HEALTH v. Golden Triangle Reg'l Med. Ctr., 603 So. 2d 854 (Miss. 1992). “Miss. Code Ann. § 41-7-193 (1) (Supp. 1989).”
Grant Ctr. Hosp. v. HEALTH Grp. ETC., 528 So. 2d 804 (Miss. 1988). “Initially, state law did not incorporate the federal requirement that decisions to issue CONs comply with the current state health plan. On April 9, 1983, however, the following language was added to subsection (1) of the statute: A certificate of need shall not be granted or…”
Mississippi State Dep't of Health v. Rush Care, Inc., 882 So. 2d 205 (Miss. 2004). “Miss.Code Ann. § 41-7-193 (Rev.2001) requires, inter alia, that a “certificate of need shall not be granted or issued to any person for any proposal, cause or reason, unless the proposal has been reviewed for consistency with the specifications and the criteria established by…”
Mississippi State Dep't of Health v. Sw. Mississippi Reg'l Med. Ctr., 580 So. 2d 1238 (Miss. 1991). “Miss.Code Ann. § 41-7-193(1) (Supp.1990); Grant Center Hospital of Mississippi, Inc.”
Open MRI, LLC v. Mississippi State Dep't of Health, 939 So. 2d 813 (Miss. Ct. App. 2006). “” Miss. Code Ann. § 41-7-193 (1) (Rev.2005) (emphasis added).”
Oktibbeha Cnty. Hosp. v. Mississippi State Dep't of Health (Miss. 2006). “1 Discretionary sections of Miss. Code Ann. § 41-7-193 (1) are to be applied by the State Department of Health; however, for mandatory provisions, like Miss.”
— Miss. Code Ann. § 41-7-193(1) — 5 cases
Oktibbeha Cnty. Hosp. v. MISSISSIPPI DOH, 956 So. 2d 207 (Miss. 2007). “" Miss. Code Ann. § 41-7-193 (1) (Rev.2005).”
Dialysis Solution, LLC v. Mississippi State Dep't of Health, 31 So. 3d 1204 (Miss. 2010). “Miss.Code Ann. § 41-7-193(1) (Rev.2009). No CON shall be issued unless the project proposed in the application for such CON has been reviewed for consistency with the specifications and criteria established by the MSDH and substantially complies with the projection of need as…”
Grant Ctr. Hosp. of Mississippi, Inc. v. Health Grp. of Jackson, Mississippi, Inc., 528 So. 2d 804 (Miss. 1988). “Initially, state law did not incorporate the federal requirement that decisions to issue CONs comply with the current state health plan.”
Mississippi State Dep't of Health v. Sw. Mississippi Reg'l Med. Ctr., 580 So. 2d 1238 (Miss. 1991). “Miss.Code Ann. § 41-7-193(1) (Supp.1990); Grant Center Hospital of Mississippi, Inc.”
Open MRI, LLC v. Mississippi State Dep't of Health, 939 So. 2d 813 (Miss. Ct. App. 2006). “” Miss. Code Ann. § 41-7-193 (1) (Rev.2005) (emphasis added).”
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