There shall be a "stay of proceedings" of any written decision of the State Department of Health pertaining to a certificate of need for a home health agency, as defined in Section 41-7-173(h)(ix), for a period of thirty (30) days from the date of that decision. The stay of proceedings shall expire at the termination of thirty (30) days; however, no license to operate any such home health agency that is the subject of the decision shall be issued by the licensing agency, and no certification for such home health agency to participate in the Title XVIII or Title XIX programs of the Social Security Act shall be granted until all statutory appeals have been exhausted or the time for such appeals has expired. The stay of proceedings provided for in this section shall not apply to any party appealing any final order of the State Department of Health pertaining to a certificate of need for any health-care facility as defined in Section 41-7-173(h), with the exception of any home health agency as defined in Section 41-7-173(h)(ix).
Structure Mississippi Code
Chapter 7 - Hospital and Health Care Commissions
Health Care Certificate of Need Law of 1979
§ 41-7-183. Functions and responsibilities
§ 41-7-187. Certificate of need program
§ 41-7-190. Certificate of need program; limitations on ownership of beds
§ 41-7-191. Certificate of need; activities for which certificate is required
§ 41-7-202. Stay of commission proceedings pending appeal
§ 41-7-205. Determination of reviewability of proposed project
§ 41-7-207. Emergency replacement of facilities; expedited review