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MS SB2448

Bill

Status

Failed

2/1/2011

Primary Sponsor

Terry Burton

Click for details

Origin

Senate

2011 Regular Session

AI Summary

  • Allows direct appeal of State Department of Health certificate of need decisions for all health care facilities (except home health agencies) to the Mississippi Supreme Court instead of chancery court, with appeals filed within 20 days of the final order.

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

  • Requires the State Department of Health to certify the case record to the Supreme Court within 30 days of appeal filing, with decisions based on the certified record without new evidence.

  • Allows the Supreme Court to award costs, fees, and attorney's fees to the appellee if the Department of Health's original order is affirmed.

  • Adds expedited review eligibility for certificate of need requests that do not exceed the capital expenditure minimum specified in Section 41-7-173, with decisions required within 90 days of completed application receipt.

Legislative Description

Certificate of need review; provide for direct appeal and expedited review for certain health care expenditures.

Last Action

Died In Committee

2/1/2011

Full Bill Text

No bill text available