MississippiHB 32026 Regular SessionHouseWALLET

CON; revise certain provisions of.

Sponsored By: Sam Creekmore IV

Signed by Governor

Public Health and Human ServicesState AffairsPublic Health and Welfare

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 5 benefits, 0 costs, 3 mixed.

New certificate-of-need rules and $3M threshold

The law requires a certificate of need before many facility changes. This includes building a new facility, reopening after 60 months, moving more than 5,280 feet, changing bed counts, adding listed services, major capital spending, ownership changes, or buying major equipment over $3,000,000. Small moves within 5,280 feet or moves with no capital spending can be exempt. For skilled and intermediate nursing care, the Health Department cannot approve projects unless they fit specific exceptions written in law.

More child and teen psychiatric beds

Starting March 25, 2021, the state can approve new or converted child and teen psychiatric or chemical‑dependency beds. It gives preference to places that have no such beds or are more than 65 miles from them. Statewide, up to 334 psychiatric residential treatment beds are authorized. Specific additions include up to 60 beds in Meridian (with priority for patients who would otherwise be placed out‑of‑state), up to 20 beds for Region 7, up to 30 beds in certain northern counties, 8 more beds at a Hinds County nonprofit, up to 20 beds in Warren County, 20 child/adolescent chemical‑dependency beds in Choctaw County, and 16 PRTF beds in Simpson County (with priority for Mississippians treated out‑of‑state). These facilities may take Medicaid unless a separate limit applies.

More nursing home beds in select counties

The Health Department may approve new or converted nursing facility beds in several places: Harrison (up to 150 beds), DeSoto (up to 120 beds), certain Gulf counties with a NASA site (up to 40 beds in a life‑care facility), Lowndes (up to 60 beds at a nonprofit personal care facility), Itawamba (up to 60 beds by converting a county hospital), Hinds, Madison, and Rankin (up to 60 beds each), and Hancock, Harrison, and Jackson (up to 60 beds each). A nonprofit Green House model home in Yazoo City may add up to 19 beds. These authorizations allow Medicaid participation for the listed beds (for items with stated dates, from July 1, 1999).

Psychiatric beds with Medicaid limits

A DeSoto County hospital may add 40 child and teen PRTF beds, but only up to 15 beds may be Medicaid‑certified. A Warren County project may add up to 60 PRTF beds, but no more than 30 may be Medicaid‑certified. These limits bind future owners. The Health Department can penalize violations, including limiting or revoking licenses after due process.

Some new nursing homes bar Medicaid

Several new or converted nursing facilities must limit or refuse Medicaid. Examples include up to 60 beds at Madison County CCRCs that must never join Medicaid, and up to 60 beds in Leake County with a permanent Medicaid ban and build‑by deadlines. A Lowndes County retirement‑community facility may have 60 beds, but only 30 may be Medicaid‑certified and only 30 Medicaid patients may be billed in any month. Panola County (up to 72 beds) and the Town of Belmont (up to 60 beds) also face Medicaid bans with timing rules. On the Coast, a Katrina‑related project caps Medicaid‑certified beds at 50 in Hancock and 49 in Harrison and allows up to 20 non‑Medicaid beds at each site. These written limits bind future owners and can trigger license or CON action if violated.

More geriatric psychiatric care in Winston

A Winston County hospital may convert 15 acute care beds into geriatric psychiatric beds. This expands local inpatient mental‑health care for seniors. Medicaid is not prohibited for this project.

Specialty long-term care for complex needs

The state approves a nonprofit to build up to 60 skilled nursing beds for ventilator‑dependent or medically dependent children in a county with an academic medical center and a children’s hospital. Patients may stay after age 21 under state rules, and Medicaid may pay. The law waives some State Health Plan and hearing steps. A Hinds County rehab hospital may build a 60‑bed long‑term care facility for people with severe disabilities, but only if the Legislature funds it; some plan rules are waived for that project.

Planned rollout of nursing and Alzheimer’s beds

Beginning July 1, 1999, the state issues nursing‑home CONs over four fiscal years for counties shown to need 50 or more beds. Each certificate allows up to 60 beds, with fixed district‑by‑district and statewide allocations each year. For Alzheimer’s‑only units, during the next two fiscal years each certificate allows up to 20 beds, with a 60‑bed total per district and a 120‑bed statewide cap per year. The law also requires spread across parts of each district.

Sponsors & Cosponsors

Sponsor

  • Sam Creekmore IV

    House

Cosponsors

  • Kevin Felsher

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 168 • No: 0

Senate vote 1/28/2026

Passed

Yes: 50 • No: 0

House vote 1/21/2026

Passed As Amended

Yes: 118 • No: 0

Actions Timeline

  1. Approved by Governor

    2/4/2026legislature
  2. Enrolled Bill Signed

    1/29/2026Senate
  3. Enrolled Bill Signed

    1/28/2026House
  4. Returned For Enrolling

    1/28/2026Senate
  5. Immediate Release

    1/28/2026Senate
  6. Passed

    1/28/2026Senate
  7. Title Suff Do Pass

    1/27/2026Senate
  8. Referred To Public Health and Welfare

    1/22/2026Senate
  9. Transmitted To Senate

    1/21/2026House
  10. Immediate Release

    1/21/2026House
  11. Passed As Amended

    1/21/2026House
  12. Amended

    1/21/2026House
  13. Committee Substitute Adopted

    1/21/2026House
  14. Title Suff Do Pass Comm Sub

    1/20/2026House
  15. DR - TSDPCS: SA To PH

    1/14/2026House
  16. DR - TSDP: PH To SA

    1/7/2026House
  17. Referred To Public Health and Human Services;State Affairs

    1/7/2026House

Bill Text

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