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MS HB826

Bill

Status

Passed

4/26/2011

Primary Sponsor

Stephen Holland

Click for details

Origin

House of Representatives

2011 Regular Session

AI Summary

  • Changes appeals of State Department of Health certificate of need orders to proceed directly to the Mississippi Supreme Court rather than through lower courts, with appeals filed within 20 days of the final order.

  • Requires appellants to post a bond sufficient to secure the appellee against loss of costs, fees, expenses, and attorney's fees, approved by the Supreme Court within 5 days of filing the appeal.

  • Directs the Supreme Court to award costs, fees, reasonable expenses, and attorney's fees to the appellee if the department's order is affirmed.

  • Adds a new expedited review category for certificate of need requests involving expenditures exceeding the capital expenditure minimum for projects that are not for a single diagnostic, therapeutic, rehabilitative, preventive, or palliative procedure service.

  • Effective date: July 1, 2011.

Legislative Description

CON; provide for direct appeals to Supreme Court and for expedited review for certain expenditures.

Last Action

Approved by Governor

4/26/2011

Full Bill Text

No bill text available