MS Health Department Raises Fees in 2023 CON Review Manual
The Mississippi State Department of Health submitted a Final Rule to the Mississippi Secretary of State’s Office on Oct. 12, 2023, to significantly increase certificate of need (CON)-related filing fees under revisions to the 2023 CON Review Manual. These revisions to the filing fees shall become final on or about Nov. 13, 2023. The following is a chart that sets forth the substantive changes to the filing fees under the revised 2023 CON Review Manual.
| CON-RELATED FILINGS AND COPIES | CURRENT FEE | NEW FEE EFFECTIVE NOV. 13, 2023 |
| Standard copying fee generally related to public record requests |
$.25 per copy with a $5.00 minimum $15.00 fee to retrieve files from the department’s archives |
$.20 per black and white copy $.50 per color copy and scanned copies $35.00 charge for handling all public records requests |
| Placing licensed beds in abeyance or taking them out of abeyance | No fee | $500.00 for processing and handling all abeyance requests |
| CON application fee | CON fee = .50% x 1% of proposed capital expenditure with a minimum fee of $500.00 and a maximum fee of $25,000.00 | Minimum CON Fee is increased to $5,000.00 |
| Determination of reviewability processing fee | $500.00 | $2,500.00 |
| Change of ownership processing fee | $500.00 | $2,500.00 |
| Transfer of county from one home health agency to another | Minimum fee not less than $500.00 | Minimum fee not less than $2,500.00 |
| CON progress reports and final reports | No fee | $1,000.00 for each progress report and final report |
| Six-month extension requests | $500.00 | $2,500.00 |
| Determination of non‑reviewability for a single specialty ASC | $500.00 | $2,500.00 |
Placing Beds in Abeyance
The Department revised Chapter 2 of the Manual to include a definition of “abeyance” and the addition of the processing fee for an abeyance request. The Department clarifies that a health care facility seeking to place beds in abeyance (a state of temporary suspension/de-license) or re-license beds must submit a letter to the Department’s Division of Health Planning and Resource Development requesting that the beds be placed in abeyance (de‑license) or removed from abeyance (re-licensed).
Removal of Appendices and Forms from the CON Review Manual
The Department removed from the CON Review Manual the following forms and appendices:
- Notice of Intent to Apply for a CON
- Change of Ownership
- Appendix C
- Determination of Non-Reviewability for a Single Specialty ASC
- Appendix F
- Six-Month Extension Application (Progress/Final Report)
- Certificate of Need Application
- Transfer County of a Home Health Agency
The Department will make these appendices and CON-related forms available on the Department’s website rather than in the CON Review Manual.
What These Changes Mean for Health Care Systems and Providers
The changes to the Department’s filing fees are significant. While larger institutional health systems and providers may be able to absorb these higher filing fees, smaller providers and physician groups may find these fees much more burdensome and will be more careful about making any unnecessary filings with the Department. Health care entities and providers that once filed for Determinations of Reviewability out of an abundance of caution may now decide to avoid additional filings and assume a greater degree of risk with respect to whether or not the proposed project requires a Determination of Reviewability Application.
Please contact Jeff Moore, Blake Adams or any member of the Phelps Health Care team if you have questions or need advice or guidance.
