Fetal and Infant Mortality Review Panel; create under State Department of Health.

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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives McGee, Karriem, Summers,
Anthony, Nelson

HOUSE BILL NO. 1637
(As Sent to Governor)

AN ACT TO CREATE THE FETAL AND INFANT MORTALITY REVIEW PANEL 1
TO REVIEW FETAL DEATHS AND DEATHS OF INFANTS UP TO ONE YEAR OF AGE 2
AND ESTABLISH STRATEGIES TO PREVENT INFANT DEATHS; TO PROVIDE THAT 3
THE REVIEW PANEL SHALL BE MULTIDISCIPLINARY AND COMPOSED OF SUCH 4
MEMBERS AS DEEMED APPROPRIATE BY THE STATE DEPARTMENT OF HEALTH; 5
TO REQUIRE THE REVIEW PANEL TO SUBMIT A REPORT ANNUALLY TO THE 6
HOUSE AND SENATE PUBLIC HEALTH COMMITTEES THAT INCLUDE THE 7
NUMBERS, CAUSES AND RELEVANT DEMOGRAPHIC INFORMATION ON INFANT 8
MORTALITY DEATHS IN MISSISSIPPI, AND APPROPRIATE RECOMMENDATIONS 9
TO THE LEGISLATURE ON HOW TO MOST EFFECTIVELY DIRECT STATE 10
RESOURCES TO DECREASE INFANT MORTALITY IN THE STATE; TO REQUIRE 11
THAT DATA SHALL BE PROVIDED TO THE REVIEW PANEL BY THE STATE 12
MEDICAL EXAMINER'S OFFICE, STATE DEPARTMENT OF HEALTH, DEPARTMENT 13
OF HUMAN SERVICES, MEDICAL EXAMINERS, CORONERS, HEALTH CARE 14
PROVIDERS, LAW ENFORCEMENT AGENCIES, AND ANY OTHER AGENCIES OR 15
OFFICIALS HAVING INFORMATION THAT IS NECESSARY FOR THE REVIEW 16
PANEL TO CARRY OUT ITS DUTIES; TO PROVIDE THAT IN THE CASE OF AN 17
INFANT OR CHILD WHO DIES SUDDENLY AND UNEXPECTEDLY, INCLUDING 18
CASES OF SUDDEN INFANT DEATH SYNDROME (SIDS), SUDDEN UNEXPECTED 19
INFANT DEATH (SUID) OR SUDDEN DEATH IN THE YOUNG (SDY), THE REVIEW 20
PANEL SHALL CONDUCT A COMPREHENSIVE REVIEW OF THE INFANT'S OR 21
CHILD'S MEDICAL, PRENATAL, AND, WHERE APPLICABLE, MATERNAL HEALTH 22
RECORDS FOR THE PURPOSE OF IDENTIFYING POTENTIAL CONTRIBUTING 23
FACTORS AND PREVENTABLE CAUSES OF DEATH; TO PROVIDE THAT SUCH 24
REVIEW SHALL BE CONDUCTED IN ACCORDANCE WITH NATIONALLY RECOGNIZED 25
BEST PRACTICES AND SHOULD INCLUDE CONSIDERATION OF THE INFANT'S OR 26
CHILD'S IMMUNIZATION HISTORY AND ANY MEDICAL TREATMENTS OR 27
INTERVENTIONS AS PART OF THE OVERALL MEDICAL CONTEXT, WITHOUT 28
LIMITATION TO A SPECIFIED TIME PERIOD, AS RELEVANT TO THE PANEL'S 29
DETERMINATION OF CONTRIBUTING FACTORS; TO DIRECT THE STATE 30
DEPARTMENT OF HEALTH TO VERIFY THAT CASES OF SUDDEN AND UNEXPECTED 31
DEATH OF AN INFANT OR CHILD WERE REPORTED TO THE SUID AND SDY CASE 32
REGISTRY AND THAT ANY ADVERSE VACCINE REACTIONS WERE REPORTED TO 33
THE VACCINE ADVERSE EVENT REPORTING SYSTEM (VAERS), AND TO REPORT 34
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TO THE SUID AND SDY CASE REGISTRY OR TO VAERS ANY SUCH CASES OR 35
ADVERSE VACCINE REACTIONS THAT WERE NOT PREVIOUSLY REPORTED; TO 36
PROVIDE THAT THE REVIEW PANEL'S REPORT AND RECOMMENDATIONS SHALL 37
BE MADE PUBLIC BY THE STATE DEPARTMENT OF HEALTH; TO REQUIRE 38
PHYSICIANS, HOSPITALS AND PHARMACIES TO PROVIDE REASONABLE ACCESS 39
TO THE REVIEW PANEL TO ALL RELEVANT MEDICAL RECORDS ASSOCIATED 40
WITH A CASE UNDER REVIEW BY THE REVIEW PANEL; TO PROVIDE THAT 41
CERTAIN RECORDS MAINTAINED BY THE STATE DEPARTMENT OF HEALTH SHALL 42
BE CONFIDENTIAL AND NOT SUBJECT TO THE PUBLIC RECORDS ACT OR 43
SUBPOENA, DISCOVERY OR INTRODUCTION INTO EVIDENCE; TO AUTHORIZE 44
THE REVIEW PANEL TO INITIATE ENFORCEMENT ACTIONS AGAINST AGENCIES 45
OR OFFICIALS THAT DO NOT PROVIDE INFORMATION TO THE PANEL IN A 46
COMPLETE AND TIMELY MANNER; TO AMEND SECTION 25-41-3, MISSISSIPPI 47
CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; TO EXEMPT 48
CERTAIN QUALITY ASSURANCE, QUALITY IMPROVEMENT, PERFORMANCE 49
IMPROVEMENT, AND REVIEW RECORDS OF THE STATE DEPARTMENT OF HEALTH 50
FROM THE PUBLIC RECORDS ACT; TO PROVIDE THAT SUCH RECORDS SHALL BE 51
CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE, SUBPOENA, OR 52
DISCOVERY; TO EXEMPT CERTAIN RADIOLOGICAL HEALTH AND RADIOACTIVE 53
MATERIAL LICENSING INFORMATION FROM THE PUBLIC RECORDS ACT WHEN 54
DISCLOSURE WOULD POSE A RISK TO PUBLIC HEALTH OR SECURITY; TO 55
AMEND SECTION 25-41-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE 56
STATE DEPARTMENT OF HEALTH TO ENTER EXECUTIVE SESSION OR OTHERWISE 57
CONDUCT A CLOSED MEETING DURING MORBIDITY OR MORTALITY REVIEW 58
COMMITTEE WORK MANDATED BY STATUTE OR REGULATION, SUCH AS THE 59
CHILD DEATH REVIEW PANEL, THE MATERNAL MORTALITY REVIEW COMMITTEE, 60
AND THE FETAL AND INFANT MORTALITY REVIEW PANEL; TO CREATE NEW 61
SECTION 25-61-11.3, MISSISSIPPI CODE OF 1972, TO EXEMPT FROM THE 62
MISSISSIPPI PUBLIC RECORDS ACT OF 1983 DOCUMENTS AND RECORDS USED 63
BY THE STATE DEPARTMENT OF HEALTH DURING MORBIDITY OR MORTALITY 64
REVIEW COMMITTEE WORK MANDATED BY STATUTE OR REGULATION, SUCH AS 65
THE CHILD DEATH REVIEW PANEL, THE MATERNAL MORTALITY REVIEW 66
COMMITTEE, AND THE FETAL AND INFANT MORTALITY REVIEW PANEL; AND 67
FOR RELATED PURPOSES. 68
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 69
SECTION 1. (1) There is created the Fetal and Infant 70
Mortality Review Panel, whose primary purpose is to review fetal 71
deaths and deaths of infants up to one (1) year of age and 72
establish strategies to prevent infant deaths. The review panel 73
shall be multidisciplinary and composed of such members as deemed 74
appropriate by the State Department of Health. The review panel 75
may develop subcommittees to carry out the panel's purposes. 76
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(2) The chairman of the review panel shall be elected 77
annually by the review panel membership. The review panel shall 78
develop and implement such procedures and policies necessary for 79
its operation, including obtaining and protecting confidential 80
records from the agencies and officials specified in subsection 81
(3) of this section to ensure successful completion of the ongoing 82
review required by this section and procedures for notice, 83
opportunity to cure, and enforcement for lack of compliance. The 84
review panel shall be assigned to the State Department of Health 85
for administrative purposes, and the department shall designate 86
staff to assist the review panel. 87
(3) The review panel shall submit a report annually to the 88
Chairmen of the House Public Health and Human Services Committee 89
and the Senate Public Health and Welfare Committee on or before 90
December 1. The report shall include the numbers, causes and 91
relevant demographic information on infant mortality deaths in 92
Mississippi, and appropriate recommendations to the Legislature on 93
how to most effectively direct state resources to decrease infant 94
mortality in Mississippi. Data for the review panel's review and 95
reporting shall be provided to the review panel, upon the request 96
of the review panel, by the State Medical Examiner's office, State 97
Department of Health, Department of Human Services, medical 98
examiners, coroners, health care providers, law enforcement 99
agencies, and any other agencies or officials having information 100
that is necessary for the review panel to carry out its duties 101
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under this section. The State Department of Health shall also be 102
responsible for printing and distributing the annual report(s) on 103
infant mortality in Mississippi. 104
(4) In the case of an infant or child who dies suddenly and 105
unexpectedly, including cases of sudden infant death syndrome 106
(SIDS), sudden unexpected infant death (SUID) or sudden death in 107
the young (SDY), the review panel shall conduct a comprehensive 108
review of the infant's or child's medical, prenatal, and, where 109
applicable, maternal health records for the purpose of identifying 110
potential contributing factors and preventable causes of death. 111
Such review should include consideration of the infant's or 112
child's immunization history and any medical treatments or 113
interventions as part of the overall medical context, without 114
limitation to a specified time period, as relevant to the review 115
panel's determination of contributing factors. The review panel 116
shall conduct its review in accordance with nationally recognized 117
best practices, including guidelines and standards promulgated by 118
the National Center for Fatality Review and Prevention (NCFRP). 119
The State Department of Health shall verify that cases of sudden 120
and unexpected death of an infant or child were reported to the 121
SUID and SDY Case Registry and that any adverse vaccine reactions 122
were reported to the Vaccine Adverse Event Reporting System 123
(VAERS), and shall report to the SUID and SDY Case Registry or to 124
VAERS any such cases or adverse vaccine reactions that were not 125
previously reported. Nothing in this subsection shall be 126
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construed to limit or alter any existing reporting obligations 127
imposed by law on health care providers or other entities 128
independent of the review panel. The review panel's report and 129
recommendations shall be made public by the State Department of 130
Health. 131
(5) Physicians licensed under Section 73-25-1 et seq., 132
hospitals licensed under Section 41-9-1 et seq., and pharmacies 133
licensed under Section 73-21-69 et seq., shall provide reasonable 134
access to the review panel to all relevant medical records, 135
including, but not limited to, medical records of the decedent and 136
decedent's birth mother, associated with a case under review by 137
the review panel. 138
(6) A physician, hospital or pharmacy providing access to 139
medical records under this section shall not be held liable for 140
civil damages or be subject to any criminal or disciplinary action 141
for good faith efforts in providing such records. 142
(7) Information, records, reports, statements, notes, 143
memoranda or other data collected under this section shall not be 144
admissible as evidence in any action of any kind in any court or 145
before any other tribunal, board, agency or person. Such 146
information, records, reports, statements, notes, memoranda or 147
other data shall not be exhibited nor their contents disclosed in 148
any way, in whole or in part, by any officer or representative of 149
the department or any other person, except as may be necessary for 150
the purpose of furthering the review of the review panel of the 151
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case to which they relate. No person participating in such review 152
shall disclose, in any manner, the information obtained except in 153
strict conformity with such review project. 154
(8) All information, records of interviews, written reports, 155
statements, notes, memoranda or other data obtained by the 156
department, the review panel, and other persons, agencies or 157
organizations authorized by the department under this section 158
shall be confidential. 159
(9) All proceedings and activities of the review panel under 160
this section, opinions of members of the review panel formed as a 161
result of those proceedings and activities, and records obtained, 162
created, or maintained under this section, including, but not 163
limited to, records of interviews, written reports and statements 164
procured by the department or any other person, agency or 165
organization acting jointly or under contract with the department 166
in connection with the requirements of this section, shall be 167
confidential and shall not be subject to the Mississippi Open 168
Meetings Act, Sections 25-41-1 through 25-41-17, relating to open 169
meetings, the Mississippi Public Records Act of 1983, Sections 170
25-61-1 through 25-61-17, relating to open records, or subject to 171
subpoena, discovery or introduction into evidence in any civil or 172
criminal proceeding; however, nothing in this section shall be 173
construed to limit or restrict the right to discover or use in any 174
civil or criminal proceeding anything that is available from 175
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another source and independently of the proceedings of the review 176
panel. 177
(10) Members of the review panel shall not be questioned in 178
any civil or criminal proceeding regarding the information 179
presented in or opinions formed as a result of a meeting or 180
communication of the review panel; however, nothing in this 181
section shall be construed to prevent a member of the review panel 182
from testifying to information obtained independently of the 183
proceedings of the review panel or which is public information. 184
(11) (a) Any agencies or officials specified in subsection 185
(3) of this section, or any officer, employee, or contractor 186
acting on their behalf, in possession of records, data, or 187
information requested by the review panel to carry out its duties 188
under this section for the purpose of an infant death or 189
near-death review shall, upon request, provide such information in 190
a complete and timely manner as prescribed by the review panel. 191
For purposes of this section, "complete and timely" means 192
production of all responsive records within the timeframe 193
prescribed by the review panel, unless extended for good cause 194
shown and documented in writing. 195
(b) Before initiating enforcement action, the review 196
panel may provide written notice of noncompliance and allow a 197
reasonable opportunity to cure, not to exceed ten (10) business 198
days, unless delay would materially impair the review panel's 199
duties. 200
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(c) Failure to comply with a lawful request under this 201
section within the specified timeframe or cure period, if 202
applicable, shall subject the noncomplying agency, official, or 203
entity to enforcement by the review panel or the State Department 204
of Health through mandamus, injunctive relief, or other 205
appropriate legal action. In any action brought to compel 206
compliance, the reviewing court shall award to the prevailing 207
party all reasonable costs incurred in enforcing compliance, 208
including attorney's fees, court costs, and any other expenses 209
reasonably related to the action. 210
(12) The State Department of Health may exercise any 211
enforcement authority otherwise granted to it under Title 41 of 212
the Mississippi Code, including, but not limited to, the authority 213
to seek subpoenas, injunctive relief, mandamus, or other 214
appropriate judicial remedies, to enforce compliance with this 215
section. 216
(13) Nothing in this section shall be construed to authorize 217
the review panel to impose licensure sanctions, civil penalties, 218
or disciplinary action against any person or entity, except as 219
expressly provided for enforcement of compliance with data 220
requests under this section. 221
SECTION 2. Section 25-41-3, Mississippi Code of 1972, is 222
amended as follows: 223
25-41-3. For purposes of this chapter, the following words 224
shall have the meaning ascribed herein, to wit: 225
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(a) "Public body" means any executive or administrative 226
board, commission, authority, council, department, agency, bureau 227
or any other policymaking entity, or committee thereof, of the 228
State of Mississippi, or any political subdivision or municipal 229
corporation of the state, whether the entity be created by statute 230
or executive order, which is supported wholly or in part by public 231
funds or expends public funds, and any standing, interim or 232
special committee of the Mississippi Legislature. The term 233
"public body" includes the governing board of a charter school 234
authorized by the Mississippi Charter School Authorizer Board and 235
the board of trustees of a community hospital as defined in 236
Section 41-13-10. The term "public body" includes the Mississippi 237
Lottery Corporation. There shall be exempted from the provisions 238
of this chapter: 239
(i) The judiciary, including all jury 240
deliberations; 241
(ii) Law enforcement officials; 242
(iii) The military; 243
(iv) The State Probation and Parole Board; 244
(v) The Workers' Compensation Commission; 245
(vi) Legislative subcommittees and legislative 246
conference committees; 247
(vii) The arbitration council established in 248
Section 69-3-19; 249
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(viii) License revocation, suspension and 250
disciplinary proceedings held by the Mississippi State Board of 251
Dental Examiners; * * * 252
(ix) Hearings and meetings of the Board of Tax 253
Appeals and of the hearing officers and the board of review of the 254
Department of Revenue as provided in Section 27-77-15 * * *; and 255
(x) The Fetal and Infant Mortality Review Panel 256
created under Section 1 of this act. 257
(b) "Meeting" means an assemblage of members of a 258
public body at which official acts may be taken upon a matter over 259
which the public body has supervision, control, jurisdiction or 260
advisory power, including an assemblage through the use of video 261
or teleconference devices that conforms to Section 25-41-5. 262
SECTION 3. (1) Records, data, lists, reports, maps, 263
inventories or other information maintained by the State 264
Department of Health, including the Division of Radiological 265
Health, that identify or could reasonably be used to identify: 266
(a) The location, ownership, possession, quantity, 267
type, form, security features, or transportation of radioactive 268
material or radiation-producing devices; or 269
(b) The identity or location of persons or entities 270
licensed or authorized to possess radioactive material or 271
radiation-producing devices, when disclosure of such information 272
would reasonably be expected to pose a risk to public health, 273
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public safety, or security, shall be confidential and exempt from 274
the Mississippi Public Records Act of 1983. 275
(2) Such records shall not be subject to inspection, 276
copying, disclosure, subpoena, or discovery, except to the extent 277
disclosure is required by federal law or to another governmental 278
entity for official regulatory, law enforcement, emergency 279
response, or public health purposes. 280
(3) Nothing in this section shall be construed to exempt 281
from disclosure statistical, aggregate, or summary information 282
that does not identify specific licensees, locations, quantities, 283
or security-sensitive details, or information otherwise required 284
to be publicly reported by law. 285
SECTION 4. Section 25-41-7, Mississippi Code of 1972, is 286
amended as follows: 287
25-41-7. (1) Any public body may enter into executive 288
session for the transaction of public business; however, all 289
meetings of any public body shall commence as an open meeting, and 290
an affirmative vote of three-fifths (3/5) of all members present 291
shall be required to declare an executive session. 292
(2) The procedure to be followed by any public body in 293
declaring an executive session shall be as follows: Any member 294
shall have the right to request by motion a closed determination 295
upon the issue of whether or not to declare an executive session. 296
The motion, by majority vote, shall require the meeting to be 297
closed for a preliminary determination of the necessity for 298
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executive session. No other business shall be transacted until 299
the discussion of the nature of the matter requiring executive 300
session has been completed and a vote, as required in subsection 301
(1) hereof, has been taken on the issue. 302
(3) An executive session shall be limited to matters allowed 303
to be exempted from open meetings by subsection (4) of this 304
section. The reason for holding an executive session shall be 305
stated in an open meeting, and the reason so stated shall be 306
recorded in the minutes of the meeting. Nothing in this section 307
shall be construed to require that any meeting be closed to the 308
public, nor shall any executive session be used to circumvent or 309
to defeat the purposes of this chapter. 310
(4) A public body may hold an executive session pursuant to 311
this section for one or more of the following reasons: 312
(a) Transaction of business and discussion of personnel 313
matters relating to the job performance, character, professional 314
competence, or physical or mental health of a person holding a 315
specific position, or matters relating to the terms of any 316
potential or current employment or services agreement with any 317
physicians or other employees of public hospitals, including any 318
discussion of any person applying for medical staff privileges or 319
membership with a public hospital. 320
(b) Strategy sessions or negotiations with respect to 321
prospective litigation, litigation or issuance of an appealable 322
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order when an open meeting would have a detrimental effect on the 323
litigating position of the public body. 324
(c) Transaction of business and discussion regarding 325
the report, development or course of action regarding security 326
personnel, plans or devices. 327
(d) Investigative proceedings by any public body 328
regarding allegations of misconduct or violation of law. 329
(e) Any body of the Legislature which is meeting on 330
matters within the jurisdiction of that body. 331
(f) Cases of extraordinary emergency which would pose 332
immediate or irrevocable harm or damage to persons or property, or 333
both, within the jurisdiction of the public body. 334
(g) Transaction of business and discussion regarding 335
the prospective purchase, sale or leasing of lands. 336
(h) Discussions between a school board and individual 337
students who attend a school within the jurisdiction of the school 338
board or the parents or teachers of the students regarding 339
problems of the students or their parents or teachers. 340
(i) Transaction of business and discussion concerning 341
the preparation of tests for admission to practice in recognized 342
professions. 343
(j) Transaction of business and discussions or 344
negotiations regarding the location, relocation or expansion of a 345
business, medical service or an industry. 346
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(k) Transaction of business and discussions regarding 347
employment or job performance of a person in a specific position 348
or termination of an employee holding a specific position. The 349
exemption provided by this paragraph includes transaction of 350
business and discussion in executive session by the board of 351
trustees of a public hospital regarding any employee or medical 352
staff member or applicant for medical staff privileges and any 353
such individual's credentialing, health, performance, salary, 354
raises or disciplinary action. The exemption provided by this 355
paragraph includes the right to enter into executive session 356
concerning a line item in a budget which might affect the 357
termination of an employee or employees. All other budget items 358
shall be considered in open meetings and final budgetary adoption 359
shall not be taken in executive session. 360
(l) Discussions regarding material or data exempt from 361
the Mississippi Public Records Act of 1983 pursuant to Section 362
25-11-121. 363
(m) Transaction of business and discussion regarding 364
prospective strategic business decisions of public hospitals, 365
including without limitation, decisions to open a new service 366
line, implement capital improvements, or file applications for 367
certificates of need or determinations of nonreviewability with 368
the State Department of Health. 369
(n) Transaction of business of the boards of trustees 370
of public hospitals that would require discussion of any 371
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identifiable patient information, including without limitation, 372
patient complaints, patients' accounts, patients receiving charity 373
care, or treatment that could be identified to a patient. 374
(o) Investigative discussions, investigative 375
strategies, probative strategies related to identifiable instances 376
of human trafficking or commercial sexual exploitation, and 377
discussions involving locations of shelters or safe-houses for 378
victims of human trafficking or commercial sexual exploitation. 379
(p) Transaction of business of committees, 380
subcommittees or boards that would require discussion of any 381
identifiable information of victims of human trafficking or 382
children under eighteen years old who are victims of commercial 383
sexual exploitation. 384
(5) (a) The Mississippi State Department of Health may 385
enter executive session or otherwise conduct a closed meeting 386
during morbidity or mortality review committee work mandated by 387
statute or regulation, such as the Child Death Review Panel, the 388
Maternal Mortality Review Committee, and the Fetal and Infant 389
Mortality Review Panel. 390
(b) Any meeting, or portion of a meeting, closed under 391
this subsection shall be limited to the discussion of confidential 392
or exempt quality assurance, quality improvement, performance 393
improvement, peer review, patient safety, morbidity review, 394
mortality review or system evaluation matters. Any final action 395
or vote to adopt a policy, rule, or regulation of general 396
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ST: Fetal and Infant Mortality Review Panel;
create under State Department of Health.
applicability shall be taken in an open meeting, unless otherwise 397
authorized by this chapter. 398
(c) Nothing in this subsection shall be construed to 399
permit a closed meeting for the purpose of avoiding the 400
requirements of this chapter for matters not otherwise 401
confidential or exempt under law, nor to restrict any public 402
reporting otherwise required by law. 403
( * * *6) The total vote on the question of entering into an 404
executive session shall be recorded and spread upon the minutes of 405
the public body. 406
( * * *7) Any vote whereby an executive session is declared 407
shall be applicable only to that particular meeting on that 408
particular day. 409
SECTION 5. The following shall be codified as Section 410
25-61-11.3, Mississippi Code of 1972: 411
25-61-11.3. Documents and records used by the Mississippi 412
State Department of Health during morbidity or mortality review 413
committee work mandated by statute or regulation, such as the 414
Child Death Review Panel, the Maternal Mortality Review Committee, 415
and the Fetal and Infant Mortality Review Panel, shall be 416
confidential and exempt from the Mississippi Public Records Act of 417
1983. 418
SECTION 6. This act shall take effect and be in force from 419
and after July 1, 2026. 420