Mississippi Senate Bill SB2584

Mississippi 2023 Regular Session

• Introduced: 1/16/23
• Refer: 1/16/23
• Failed: 1/31/23

Caption

Health care CON review; party requesting or appealing a hearing on application is responsible for costs and attorney fees.

Impact

The bill, upon enactment, is expected to influence the dynamics of CON application reviews in Mississippi. By making it costly for parties to challenge applications that subsequently get approved, the law may facilitate a more efficient approval process for healthcare providers seeking to expand or initiate services. Supporters argue that this will expedite necessary healthcare facilities' establishment, while critics express concern that it could silence legitimate grievances and community opposition if the potential financial repercussions are too severe.

Summary

Senate Bill 2584 aims to amend Section 41-7-197 of the Mississippi Code of 1972, specifically addressing the process surrounding applications for health care Certificates of Need (CON). The bill stipulates that any party who requests a hearing on a CON application and does not prevail will be responsible for covering the associated legal costs and attorney fees. This amendment intends to potentially deter frivolous or unsubstantiated challenges to healthcare projects by imposing a financial burden on unsuccessful complainants, thereby streamlining the process for obtaining necessary healthcare services.

Contention

Notable points of contention surrounding SB2584 include concerns about the fairness of imposing financial penalties on individuals or groups that oppose a CON application. Critics argue that while it aims to eliminate frivolous disputes, it also risks undermining public participation in the healthcare review process. They caution that the change could diminish accountability and reduce the oversight that communities have over significant healthcare developments, prioritizing speed over comprehensive evaluation of local health needs.