Mississippi Senate Bill SB2071

Mississippi 2024 Regular Session

• Introduced: 1/18/24
• Refer: 1/18/24
• Failed: 3/5/24

Caption

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

Impact

The implications of SB2071 are significant for state laws governing healthcare facilities. By placing the financial burden on parties that dispute CON decisions, the bill encourages more responsible use of the appeal process. This could potentially streamline operations for healthcare providers seeking to establish new facilities or services, as fewer frivolous challenges may arise. Additionally, it may lead to a quicker resolution of applications, promoting an environment conducive to healthcare expansion in Mississippi.

Summary

Senate Bill 2071 seeks to amend Section 41-7-197 of the Mississippi Code of 1972, focusing on the regulation of healthcare services through the certificate of need (CON) process. The bill proposes that any party requesting a hearing regarding a healthcare CON application must bear the costs and attorney fees if they do not prevail in the hearing. This change aims to mitigate frivolous appeals and ensure that those who challenge healthcare facility applications are more judicious in their requests for hearings.

Contention

Notable points of contention surrounding SB2071 include concerns about access to justice for smaller healthcare providers or individuals who may lack the financial resources to face significant legal costs. Critics argue that this may deter necessary challenges to applications that could be detrimental to local communities by allowing potentially harmful healthcare practices or inadequate facilities to operate unchecked. Proponents, however, argue that this measure is necessary to reduce unnecessary delays and costs associated with litigation in the healthcare sector.