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| 1 | 1 | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Public Health and Welfare By: Senator(s) Boyd, Suber Senate Bill 2680 AN ACT TO CREATE NEW SECTION 41-20-12, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A HEALTH CARE FACILITY RELINQUISHED ITS CERTIFICATE OF NEED OR LICENSE FOR INPATIENT PSYCHIATRIC SERVICES DUE TO CONVERSION FROM AN ACUTE CARE HOSPITAL OR CRITICAL ACCESS HOSPITAL TO A RURAL EMERGENCY HOSPITAL IN ACCORDANCE WITH 42 CFR 485.502, THE DEPARTMENT OF HEALTH MAY LICENSE THE PSYCHIATRIC INPATIENT BEDS TO A SEPARATE ENTITY IF THE NEW APPLICANT IS ASSOCIATED WITH THE RURAL EMERGENCY HOSPITAL; TO REQUIRE THE DEPARTMENT OF HEALTH TO ISSUE A SEPARATE CERTIFICATE OF NEED TO THE NEW ENTITY; TO REQUIRE THE RURAL EMERGENCY HOSPITAL AND THE PSYCHIATRIC FACILITY TO MAINTAIN SEPARATION OF FACILITIES, LICENSURE, OPERATIONS, FINANCES AND GOVERNANCE; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. The following shall be codified as Section 41-20-12, Mississippi Code of 1972: 41-20-12. If any health care facility relinquished its certificate of need or license for inpatient psychiatric services, due to the facility converting from an acute care hospital or critical access hospital to a rural emergency hospital in accordance with 42 CFR 485.502, the Department of Health may license the psychiatric inpatient beds to a separate entity from the rural emergency hospital so long as the new applicant is associated with the rural emergency hospital. The Department of Health shall issue a separate certificate of need to the new entity. The rural emergency hospital and the psychiatric facility must maintain separation of facilities, licensure, operations, finances and governance. SECTION 2. This act shall take effect and be in force from and after July 1, 2025. | |
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| 3 | 3 | MISSISSIPPI LEGISLATURE | |
| 4 | 4 | ||
| 5 | 5 | 2025 Regular Session | |
| 6 | 6 | ||
| 7 | 7 | To: Public Health and Welfare | |
| 8 | 8 | ||
| 9 | 9 | By: Senator(s) Boyd, Suber | |
| 10 | 10 | ||
| 11 | 11 | # Senate Bill 2680 | |
| 12 | 12 | ||
| 13 | 13 | AN ACT TO CREATE NEW SECTION 41-20-12, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A HEALTH CARE FACILITY RELINQUISHED ITS CERTIFICATE OF NEED OR LICENSE FOR INPATIENT PSYCHIATRIC SERVICES DUE TO CONVERSION FROM AN ACUTE CARE HOSPITAL OR CRITICAL ACCESS HOSPITAL TO A RURAL EMERGENCY HOSPITAL IN ACCORDANCE WITH 42 CFR 485.502, THE DEPARTMENT OF HEALTH MAY LICENSE THE PSYCHIATRIC INPATIENT BEDS TO A SEPARATE ENTITY IF THE NEW APPLICANT IS ASSOCIATED WITH THE RURAL EMERGENCY HOSPITAL; TO REQUIRE THE DEPARTMENT OF HEALTH TO ISSUE A SEPARATE CERTIFICATE OF NEED TO THE NEW ENTITY; TO REQUIRE THE RURAL EMERGENCY HOSPITAL AND THE PSYCHIATRIC FACILITY TO MAINTAIN SEPARATION OF FACILITIES, LICENSURE, OPERATIONS, FINANCES AND GOVERNANCE; AND FOR RELATED PURPOSES. | |
| 14 | 14 | ||
| 15 | 15 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: | |
| 16 | 16 | ||
| 17 | 17 | SECTION 1. The following shall be codified as Section 41-20-12, Mississippi Code of 1972: | |
| 18 | 18 | ||
| 19 | 19 | 41-20-12. If any health care facility relinquished its certificate of need or license for inpatient psychiatric services, due to the facility converting from an acute care hospital or critical access hospital to a rural emergency hospital in accordance with 42 CFR 485.502, the Department of Health may license the psychiatric inpatient beds to a separate entity from the rural emergency hospital so long as the new applicant is associated with the rural emergency hospital. The Department of Health shall issue a separate certificate of need to the new entity. The rural emergency hospital and the psychiatric facility must maintain separation of facilities, licensure, operations, finances and governance. | |
| 20 | 20 | ||
| 21 | 21 | SECTION 2. This act shall take effect and be in force from and after July 1, 2025. |