BAPTIST MEMORIAL HOSPITAL-DESOTO, INC. d/b/a BAPTIST MEMORIAL HOSPITAL-DESOTO
MISSISSIPPI STATE DEPARTMENT OF HEALTH AND METHODIST HEALTHCARE-OLIVE BRANCH HOSPITAL
of Judgment: 08/28/2015
FROM WHICH APPEALED: HINDS COUNTY CHANCERY COURT HON. DENISE
OWENS TRIAL JUDGE.
ATTORNEY FOR APPELLANT: BARRY K. COCKRELL.
ATTORNEYS FOR APPELLEES: CASSANDRA S. WALTER KATHRYN RUSSELL
GILCHRIST ALLISON TRELOAR JONES.
The Mississippi State Department of Health (MSDH) is tasked
with addressing Mississippians' healthcare through the
State Health Plan and the certificate-of-need regulatory
scheme. The State Health Plan sets the goals and criteria for
healthcare in the state. And the certificate-of-need process
ensures healthcare providers maximize access to quality
healthcare, while minimizing cost and inefficiency.
Citing the 2014 State Health Plan, Methodist Healthcare -
Olive Branch Hospital (Methodist) applied for a certificate
of need (CON)-seeking approval to perform percutaneous
coronary intervention(s), a type of cardiac procedure, at its
Olive Branch hospital. But Baptist Memorial Hospital - DeSoto
(Baptist)-a competing hospital from the same service
area-contested Methodist's application. MSDH held a
hearing and ultimately approved Methodist's application.
Baptist appealed to the Hinds County Chancery Court. And
after review, the chancellor affirmed MSDH's decision.
Baptist now appeals to this Court.
On appeal, we give great deference to MSDH's decisions.
And we affirm those decisions if supported by substantial
evidence. Here, we find substantial evidence that
Methodist's application substantially complied with the
State Health Plan and was consistent with its requirements.
So we affirm.
Facts and Procedural History
On July 29, 2010, Methodist applied for and was granted a
CON. This CON authorized Methodist to construct a 100-bed,
acute-care hospital in DeSoto County, Mississippi. The CON
further allowed Methodist to provide diagnostic and
therapeutic cardiac catheterizations. The hospital opened
August 26, 2013, and began treating patients in December
2013. When Methodist was granted its CON in 2010, the
Mississippi State Health Plan allowed healthcare providers to
perform therapeutic cardiac catheterization(s) only if the
provider had an on-site, open-heart-surgery program. But the
State Health Plan was modified in 2014 to allow percutaneous
coronary intervention(s) (PCI)-a type of therapeutic cardiac
catheterization-without requiring an on-site,
In response, Methodist-whose on-site, open-heart-surgery
program was not yet operational-applied for a separate CON to
perform PCIs. MSDH reviewed Methodist's application and
recommended to grant it. MSDH issued the statutorily required
notice to the public and other healthcare providers in the
service area. And Baptist requested a public hearing,
which was held on August 14 and 15, 2014.
The hearing focused on four of the nine criteria for the
acquisition or control of therapeutic cardiac catheterization
equipment and/or services, under Section 115.04 of the 2014
State Health Plan:
Criterion 1: the minimum population base required in the
Criterion 2: the minimum number of diagnostic and therapeutic
procedures required annually
Criterion 7: the requirements for offering PCIs without an
on-site, open-heart-surgery program
Criterion 9: the minimum number of diagnostic catheterization
procedures required in the two most recent years, prior to an
application, for existing diagnostic catheterization
providers seeking to ...