CON; a party that loses a hearing that party requested on an applicant's request for a CON shall pay all fees related to such hearing.

SB 2538 modifies Mississippi's health care Certificate of Need (CON) law by requiring parties who request a hearing on a CON application and lose the hearing to pay all related attorney, consultant, and other fees within 90 days of the hearing officer's decision. The bill also mandates that the party initiating a hearing must provide upfront security (e.g., a deposit) to cover potential costs, with the State Department of Health determining the security amount. This directly affects health care providers, opponents of new facilities, or other "affected persons" who request hearings but do not prevail. The law eliminates judicial review of hearing outcomes, making the State Department of Health's decisions final.