Mississippi hospitals will have greater flexibility to own and operate single-specialty ambulatory surgical centers following revisions to the Mississippi State Health Plan (MSHP) which become effective on May 29, Phelps Dunbar notes.
In recent years, surgical procedures have been increasingly shifting to outpatient settings such as ASCs, and this trend shows no sign of abating. However, Mississippi hospitals have faced challenges in establishing or investing in ASC facilities due to Mississippi’s certificate of need (CON) laws.
Mississippi law provides that no person may offer “ambulatory surgical services” without first obtaining a CON unless that person has provided such services on a regular basis within the previous 12 months. The requirements to obtain a CON—which are set forth in the MSHP—generally have made it difficult or impossible to obtain a CON to establish a new ambulatory surgical facility in Mississippi. However, the statutory definition of an “ambulatory surgical facility” excludes “the offices of private physicians and dentists, whether for individual or group practice.” Read more.
