Disabilities, persons with; modernize terminology used to refer to.

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

By: Representative Clark

HOUSE BILL NO. 203

AN ACT TO AMEND SECTION 43-6-171, MISSISSIPPI CODE OF 1972, 1
TO REVISE THE REQUIREMENTS FOR LEGISLATIVE DRAFTING OFFICES AND 2
STATE AGENCIES TO USE CERTAIN RESPECTFUL REFERENCES TO INDIVIDUALS 3
WITH DISABILITIES IN PREPARING LEGISLATION AND RULES; TO AMEND 4
SECTIONS 13-1-305, 19-5-45, 21-37-6, 25-9-149, 25-15-3, 25-15-9, 5
27-19-56, 29-5-65, 37-16-9, 37-31-31, 37-31-33, 37-31-35, 6
37-31-39, 37-33-13, 37-41-3, 41-3-15, 41-7-173, 41-11-102, 7
41-11-105, 41-11-109, 41-11-111, 41-11-113, 41-13-35, 41-19-33, 8
41-19-205, 41-19-237, 41-19-257, 41-19-261, 41-19-291, 41-21-131, 9
41-21-139, 41-31-15, 41-41-403, 41-79-5, 43-6-1, 43-6-3, 43-6-5, 10
43-6-13, 43-6-15, 43-6-113, 43-6-125, 43-11-1, 43-13-117, 43-18-1, 11
43-27-25, 43-33-703, 43-33-717, 43-33-723, 45-1-2, 45-35-53, 12
47-5-1351, 49-7-39, 49-7-40, 71-3-3, 71-3-7, 71-3-105, 71-7-13, 13
73-3-353, 75-74-9, 83-9-32, 93-7-3 AND 97-3-4, MISSISSIPPI CODE OF 14
1972, TO MODERNIZE THE TERMINOLOGY THAT IS USED TO REFER TO 15
PERSONS WITH MENTAL ILLNESS, PERSONS WITH AN INTELLECTUAL 16
DISABILITY, HANDICAPPED PERSONS AND CRIPPLED PERSONS; AND FOR 17
RELATED PURPOSES. 18
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 19
SECTION 1. Section 43-6-171, Mississippi Code of 1972, is 20
amended as follows: 21
43-6-171. (1) The Legislature recognizes that language used 22
in reference to individuals with disabilities shapes and reflects 23
society's attitudes towards people with disabilities. Many of the 24
terms currently used diminish the humanity and natural condition 25
of having a disability. Certain terms are demeaning and create an 26
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invisible barrier to inclusion as equal community members. The 27
Legislature finds it necessary to clarify preferred language 28
for * * * all laws and rules by requiring the use of terminology 29
that puts the person before the disability. 30
(2) The legislative drafting offices of the House and Senate 31
are directed to avoid all references to the terms "disabled," 32
"developmentally disabled," "mentally disabled," "mentally ill," 33
"mentally retarded," "handicapped," "cripple" and "crippled," in 34
any new statute, memorial or resolution, and to change those 35
references in any existing statute, memorial or resolution * * *. 36
The drafting offices are directed to replace the terms referenced 37
above as appropriate with the following revised terminology: 38
"persons with disabilities," "persons with developmental 39
disabilities," "persons with mental illness" and "persons with 40
intellectual or cognitive disabilities." 41
(3) No statute, memorial or resolution is invalid because it 42
does not comply with this section. 43
(4) All state agency orders * * * shall be formulated in 44
accordance with the requirements of subsection (1) of this section 45
regarding the use of respectful language. 46
(5) No agency rule is invalid because it does not comply 47
with this section. 48
SECTION 2. Section 13-1-305, Mississippi Code of 1972, is 49
amended as follows: 50
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13-1-305. If the judge, or any other person charged under 51
the provisions of Sections 13-1-301 through 13-1-315 with 52
providing an interpreter, believes that a person claiming to be 53
entitled to an interpreter may not actually be deaf or hearing 54
impaired, unable to communicate verbally because of his hearing 55
disability, or otherwise not entitled to such services, the judge 56
may, on good cause shown, hold a hearing to determine the extent 57
of the person's * * * disability and the bona fide need for 58
interpreting services. If it is determined that the person is not 59
entitled to such services, an interpreter shall not be provided. 60
Except in a preliminary hearing in a criminal case, every deaf 61
person whose appearance before a proceeding entitles him to an 62
interpreter shall notify the appointing authority of his 63
disability not less than five (5) days prior to any appearance and 64
shall request at such time the services of an interpreter. When a 65
deaf person reasonably expects to need an interpreter for more 66
than a single day, he shall so notify the appointing authority, 67
and such notification shall be sufficient for the duration of his 68
participation in the proceedings. When a deaf person receives 69
notification of an appearance less than five (5) days before such 70
appearance, he shall provide his notification and request for an 71
interpreter as soon thereafter as practicable. 72
SECTION 3. Section 19-5-45, Mississippi Code of 1972, is 73
amended as follows: 74
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19-5-45. Any county within the State of Mississippi wherein 75
the railroads known as the Illinois Central and the Mississippi 76
Central intersect, and any county with a population of not less 77
than twenty-one thousand (21,000) nor more than twenty-one 78
thousand five hundred (21,500) and with an assessed valuation in 79
excess of Sixteen Million Dollars ($16,000,000.00), and in which 80
State Highway 35 and State Highway 12 intersect, is * * * 81
authorized and empowered to issue the negotiable bonds or 82
certificates of indebtedness of * * * the county for the purpose 83
of constructing an industrial building to be used as a sheltered 84
workshop for the employment of * * * persons with disabilities, 85
and * * * the county is * * * authorized to retain two (2) mills 86
of the state ad valorem tax levy for a period not in excess of 87
five (5) years for the purpose of assisting in the retirement 88
of * * * the bonds and interest thereon. 89
The board of supervisors of any county coming within the 90
provisions of this section shall be authorized to levy, at the 91
time and in the prescribed manner other county tax levies are 92
made, an ad valorem tax of one-fourth (¼) mill for each mill 93
retained levied against all of the taxable property of such 94
county, and such levy shall be made a condition precedent to the 95
operation of this section. 96
The amount of bonds or certificates of indebtedness issued 97
for this purpose shall not exceed the sum of One Hundred Fifty 98
Thousand Dollars ($150,000.00) and the two (2) mill state ad 99
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valorem tax levy herein authorized to be retained for the 100
retirement of * * * the bonds may be pledged, together with the 101
full faith and credit of the county, for the payment of * * * the 102
bonds at maturity and the interest thereon. 103
In issuing the bonds herein authorized, it shall only be 104
necessary for the board of supervisors of * * * the county to 105
adopt a resolution providing for the sale and issuance of * * * 106
the bonds as now provided by law. 107
SECTION 4. Section 21-37-6, Mississippi Code of 1972, is 108
amended as follows: 109
21-37-6. Every municipality shall install ramps at 110
crosswalks, in both business and residential areas, when making 111
new installations of sidewalks, curbs or gutters, or improving or 112
replacing existing sidewalks, curbs or gutters, so as to make the 113
transition from street to sidewalk easily negotiable for * * * 114
persons with physical disabilities in wheelchairs and for other 115
persons who may have difficulty in making the required step up or 116
down from curb level to street level. 117
The term "ramps" as used herein means a sloping asphalt or 118
concrete surface, from the level of the sidewalk or curb to the 119
level of the street at curbside, extending outward and downward 120
from the curb to the street for such a distance, at such an angle, 121
and at such a width as will facilitate the movement up and down 122
such ramps of persons in wheelchairs or persons who have 123
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difficulty in stepping up or down between curb level and street 124
level. 125
SECTION 5. Section 25-9-149, Mississippi Code of 1972, is 126
amended as follows: 127
25-9-149. It is the intent of the Legislature that no person 128
seeking employment in state service, as defined in Section 129
25-9-107, * * * or employed in state service, as defined in 130
Section 25-9-107, * * * shall be discriminated against on the 131
basis of race, color, religion, sex, national origin, age or * * * 132
disability. 133
SECTION 6. Section 25-15-3, Mississippi Code of 1972, is 134
amended as follows: 135
25-15-3. For the purposes of this article, the words and 136
phrases used herein shall have the following meanings: 137
(a) "Employee" means a person who works full time for 138
the State of Mississippi and receives his compensation in a direct 139
payment from a department, agency or institution of the state 140
government and any person who works full time for any school 141
district, community/junior college, public library or 142
university-based program authorized under Section 37-23-31 for 143
children who are deaf * * * or aphasic * * * or children with 144
emotional disturbances or any regular nonstudent bus driver. This 145
shall include legislators, employees of the legislative branch and 146
the judicial branch of the state and "employees" shall include 147
full-time salaried judges and full-time district attorneys and 148
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their staff and full-time compulsory school attendance officers. 149
For the purposes of this article, any "employee" making 150
contributions to the State of Mississippi retirement plan shall be 151
considered a full-time employee. For purposes of this article, 152
"employee" shall not mean contract personnel. 153
(b) "Department" means the Department of Finance and 154
Administration. 155
(c) "Plan" means the State and School Employees Life 156
and Health Insurance Plan created under this article. 157
(d) "Fund" means the State and School Employees 158
Insurance Fund set up under this article. 159
(e) "Retiree" means any employee retired under the 160
Mississippi retirement plan. 161
(f) "Board" means the State and School Employees Health 162
Insurance Management Board created under Section 25-15-303. 163
SECTION 7. Section 25-15-9, Mississippi Code of 1972, is 164
amended as follows: 165
25-15-9. (1) (a) The board shall design a plan of health 166
insurance for state employees that provides benefits for 167
semiprivate rooms in addition to other incidental coverages that 168
the board deems necessary. The amount of the coverages shall be 169
in such reasonable amount as may be determined by the board to be 170
adequate, after due consideration of current health costs in 171
Mississippi. The plan shall also include major medical benefits 172
in such amounts as the board determines. The plan shall provide 173
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for coverage for telemedicine services as provided in Section 174
83-9-351. The board is also authorized to accept bids for such 175
alternate coverage and optional benefits as the board deems 176
proper. The board is authorized to accept bids for surgical 177
services that include assistance in locating a surgeon, setting up 178
initial consultation, travel, a negotiated single case rate bundle 179
and payment for orthopedic, spine, bariatric, cardiovascular and 180
general surgeries. The surgical services may only utilize 181
surgeons and facilities located in the State of Mississippi unless 182
otherwise provided by the board. Any contract for alternative 183
coverage and optional benefits shall be awarded by the board after 184
it has carefully studied and evaluated the bids and selected the 185
best and most cost-effective bid. The board may reject all of the 186
bids; however, the board shall notify all bidders of the rejection 187
and shall actively solicit new bids if all bids are rejected. The 188
board may employ or contract for such consulting or actuarial 189
services as may be necessary to formulate the plan, and to assist 190
the board in the preparation of specifications and in the process 191
of advertising for the bids for the plan. Those contracts shall 192
be solicited and entered into in accordance with Section 25-15-5. 193
The board shall keep a record of all persons, agents and 194
corporations who contract with or assist the board in preparing 195
and developing the plan. The board in a timely manner shall 196
provide copies of this record to the members of the advisory 197
council created in this section and those legislators, or their 198
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designees, who may attend meetings of the advisory council. The 199
board shall provide copies of this record in the solicitation of 200
bids for the administration or servicing of the self-insured 201
program. Each person, agent or corporation that, during the 202
previous fiscal year, has assisted in the development of the plan 203
or employed or compensated any person who assisted in the 204
development of the plan, and that bids on the administration or 205
servicing of the plan, shall submit to the board a statement 206
accompanying the bid explaining in detail its participation with 207
the development of the plan. This statement shall include the 208
amount of compensation paid by the bidder to any such employee 209
during the previous fiscal year. The board shall make all such 210
information available to the members of the advisory council and 211
those legislators, or their designees, who may attend meetings of 212
the advisory council before any action is taken by the board on 213
the bids submitted. The failure of any bidder to fully and 214
accurately comply with this paragraph shall result in the 215
rejection of any bid submitted by that bidder or the cancellation 216
of any contract executed when the failure is discovered after the 217
acceptance of that bid. The board is authorized to promulgate 218
rules and regulations to implement the provisions of this 219
subsection. 220
The board shall develop plans for the insurance plan 221
authorized by this section in accordance with the provisions of 222
Section 25-15-5. 223
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Any corporation, association, company or individual that 224
contracts with the board for the third-party claims administration 225
of the self-insured plan shall prepare and keep on file an 226
explanation of benefits for each claim processed. The explanation 227
of benefits shall contain such information relative to each 228
processed claim that the board deems necessary, and, at a minimum, 229
each explanation shall provide the claimant's name, claim number, 230
provider number, provider name, service dates, type of services, 231
amount of charges, amount allowed to the claimant and reason 232
codes. The information contained in the explanation of benefits 233
shall be available for inspection upon request by the board. The 234
board shall have access to all claims information utilized in the 235
issuance of payments to employees and providers. 236
(b) There is created an advisory council to advise the 237
board in the formulation of the State and School Employees Health 238
Insurance Plan. The council shall be composed of the State 239
Insurance Commissioner, or his designee, an 240
employee-representative of the institutions of higher learning 241
appointed by the board of trustees thereof, an 242
employee-representative of the Department of Transportation 243
appointed by the director thereof, an employee-representative of 244
the Department of Revenue appointed by the Commissioner of 245
Revenue, an employee-representative of the Mississippi Department 246
of Health appointed by the State Health Officer, an 247
employee-representative of the Mississippi Department of 248
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Corrections appointed by the Commissioner of Corrections, and an 249
employee-representative of the Department of Human Services 250
appointed by the Executive Director of Human Services, two (2) 251
certificated public school administrators appointed by the State 252
Board of Education, two (2) certificated classroom teachers 253
appointed by the State Board of Education, a noncertificated 254
school employee appointed by the State Board of Education and a 255
community/junior college employee appointed by the Mississippi 256
Community College Board. 257
The Lieutenant Governor may designate the Secretary of the 258
Senate, the Chairman of the Senate Appropriations Committee, the 259
Chairman of the Senate Education Committee and the Chairman of the 260
Senate Insurance Committee, and the Speaker of the House of 261
Representatives may designate the Clerk of the House, the Chairman 262
of the House Appropriations Committee, the Chairman of the House 263
Education Committee and the Chairman of the House Insurance 264
Committee, to attend any meeting of the State and School Employees 265
Insurance Advisory Council. The appointing authorities may 266
designate an alternate member from their respective houses to 267
serve when the regular designee is unable to attend the meetings 268
of the council. Those designees shall have no jurisdiction or 269
vote on any matter within the jurisdiction of the council. For 270
attending meetings of the council, the legislators shall receive 271
per diem and expenses, which shall be paid from the contingent 272
expense funds of their respective houses in the same amounts as 273
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provided for committee meetings when the Legislature is not in 274
session; however, no per diem and expenses for attending meetings 275
of the council will be paid while the Legislature is in session. 276
No per diem and expenses will be paid except for attending 277
meetings of the council without prior approval of the proper 278
committee in their respective houses. 279
(c) No change in the terms of the State and School 280
Employees Health Insurance Plan may be made effective unless the 281
board, or its designee, has provided notice to the State and 282
School Employees Health Insurance Advisory Council and has called 283
a meeting of the council at least fifteen (15) days before the 284
effective date of the change. If the State and School Employees 285
Health Insurance Advisory Council does not meet to advise the 286
board on the proposed changes, the changes to the plan shall 287
become effective at such time as the board has informed the 288
council that the changes shall become effective. 289
(d) Medical benefits for retired employees and 290
dependents under age sixty-five (65) years and not eligible for 291
Medicare benefits. For employees who retire before July 1, 2005, 292
and for employees retiring due to work-related disability under 293
the Public Employees' Retirement System, the same health insurance 294
coverage as for all other active employees and their dependents 295
shall be available to retired employees and all dependents under 296
age sixty-five (65) years who are not eligible for Medicare 297
benefits, the level of benefits to be the same level as for all 298
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other active participants. For employees who retire on or after 299
July 1, 2005, and not retiring due to work-related disability 300
under the Public Employees' Retirement System, the same health 301
insurance coverage as for all other active employees and their 302
dependents shall be available to those retiring employees and all 303
dependents under age sixty-five (65) years who are not eligible 304
for Medicare benefits only if the retiring employees were 305
participants in the State and School Employees Health Insurance 306
Plan for four (4) years or more before their retirement, the level 307
of benefits to be the same level as for all other active 308
participants. This section will apply to those employees who 309
retire due to one hundred percent (100%) medical disability as 310
well as those employees electing early retirement. 311
(e) Medical benefits for retired employees and 312
dependents over age sixty-five (65) years or otherwise eligible 313
for Medicare benefits. For employees who retire before July 1, 314
2005, and for employees retiring due to work-related disability 315
under the Public Employees' Retirement System, the health 316
insurance coverage available to retired employees over age 317
sixty-five (65) years or otherwise eligible for Medicare benefits, 318
and all dependents over age sixty-five (65) years or otherwise 319
eligible for Medicare benefits, shall be the major medical 320
coverage. For employees retiring on or after July 1, 2005, and 321
not retiring due to work-related disability under the Public 322
Employees' Retirement System, the health insurance coverage 323
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described in this paragraph (e) shall be available to those 324
retiring employees only if they were participants in the State and 325
School Employees Health Insurance Plan for four (4) years or more 326
and are over age sixty-five (65) years or otherwise eligible for 327
Medicare benefits, and to all dependents over age sixty-five (65) 328
years or otherwise eligible for Medicare benefits. Benefits shall 329
be reduced by Medicare benefits as though the Medicare benefits 330
were the base plan. 331
All covered individuals shall be assumed to have full 332
Medicare coverage, Parts A and B; and any Medicare payments under 333
both Parts A and B shall be computed to reduce benefits payable 334
under this plan. 335
(f) Lifetime maximum: The lifetime maximum amount of 336
benefits payable under the health insurance plan for each 337
participant is Two Million Dollars ($2,000,000.00). 338
(2) Nonduplication of benefits — reduction of benefits by 339
Title XIX benefits: When benefits would be payable under more 340
than one (1) group plan, benefits under those plans will be 341
coordinated to the extent that the total benefits under all plans 342
will not exceed the total expenses incurred. 343
Benefits for hospital or surgical or medical benefits shall 344
be reduced by any similar benefits payable in accordance with 345
Title XIX of the Social Security Act or under any amendments 346
thereto, or any implementing legislation. 347
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Benefits for hospital or surgical or medical benefits shall 348
be reduced by any similar benefits payable by workers' 349
compensation. 350
No health care benefits under the state plan shall restrict 351
coverage for medically appropriate treatment prescribed by a 352
physician and agreed to by a fully informed insured, or if the 353
insured lacks legal capacity to consent by a person who has legal 354
authority to consent on his or her behalf, based on an insured's 355
diagnosis with a terminal condition. As used in this paragraph, 356
"terminal condition" means any aggressive malignancy, chronic 357
end-stage cardiovascular or cerebral vascular disease, or any 358
other disease, illness or condition which physician diagnoses as 359
terminal. 360
Not later than January 1, 2016, the state health plan shall 361
not require a higher co-payment, deductible or coinsurance amount 362
for patient-administered anti-cancer medications, including, but 363
not limited to, those orally administered or self-injected, than 364
it requires for anti-cancer medications that are injected or 365
intravenously administered by a health care provider, regardless 366
of the formulation or benefit category determination by the plan. 367
For the purposes of this paragraph, the term "anti-cancer 368
medications" has the meaning as defined in Section 83-9-24. 369
(3) (a) Schedule of life insurance benefits — group term: 370
The amount of term life insurance for each active employee of a 371
department, agency or institution of the state government shall 372
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not be in excess of One Hundred Thousand Dollars ($100,000.00), or 373
twice the amount of the employee's annual wage to the next highest 374
One Thousand Dollars ($1,000.00), whichever may be less, but in no 375
case less than Thirty Thousand Dollars ($30,000.00), with a like 376
amount for accidental death and dismemberment on a 377
twenty-four-hour basis. The plan will further contain a premium 378
waiver provision if a covered employee becomes totally and 379
permanently disabled before age sixty-five (65) years. Employees 380
retiring after June 30, 1999, shall be eligible to continue life 381
insurance coverage in an amount of Five Thousand Dollars 382
($5,000.00), Ten Thousand Dollars ($10,000.00) or Twenty Thousand 383
Dollars ($20,000.00) into retirement. 384
(b) Effective October 1, 1999, schedule of life 385
insurance benefits — group term: The amount of term life 386
insurance for each active employee of any school district, 387
community/junior college, public library or university-based 388
program authorized under Section 37-23-31 for children who are 389
deaf * * * or aphasic * * * or children with emotional 390
disturbances or any regular nonstudent bus driver shall not be in 391
excess of One Hundred Thousand Dollars ($100,000.00), or twice the 392
amount of the employee's annual wage to the next highest One 393
Thousand Dollars ($1,000.00), whichever may be less, but in no 394
case less than Thirty Thousand Dollars ($30,000.00), with a like 395
amount for accidental death and dismemberment on a 396
twenty-four-hour basis. The plan will further contain a premium 397
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waiver provision if a covered employee of any school district, 398
community/junior college, public library or university-based 399
program authorized under Section 37-23-31 for children who are 400
deaf * * * or aphasic * * * or children with emotional 401
disturbances or any regular nonstudent bus driver becomes totally 402
and permanently disabled before age sixty-five (65) years. 403
Employees of any school district, community/junior college, public 404
library or university-based program authorized under Section 405
37-23-31 for children who are deaf * * * or aphasic * * * or 406
children with emotional disturbances or any regular nonstudent bus 407
driver retiring after September 30, 1999, shall be eligible to 408
continue life insurance coverage in an amount of Five Thousand 409
Dollars ($5,000.00), Ten Thousand Dollars ($10,000.00) or Twenty 410
Thousand Dollars ($20,000.00) into retirement. 411
(4) Any eligible employee who on March 1, 1971, was 412
participating in a group life insurance program that has 413
provisions different from those included in this article and for 414
which the State of Mississippi was paying a part of the premium 415
may, at his discretion, continue to participate in that plan. The 416
employee shall pay in full all additional costs, if any, above the 417
minimum program established by this article. Under no 418
circumstances shall any individual who begins employment with the 419
state after March 1, 1971, be eligible for the provisions of this 420
subsection. 421
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(5) The board may offer medical savings accounts as defined 422
in Section 71-9-3 as a plan option. 423
(6) Any premium differentials, differences in coverages, 424
discounts determined by risk or by any other factors shall be 425
uniformly applied to all active employees participating in the 426
insurance plan. It is the intent of the Legislature that the 427
state contribution to the plan be the same for each employee 428
throughout the state. 429
(7) On October 1, 1999, any school district, 430
community/junior college district or public library may elect to 431
remain with an existing policy or policies of group life insurance 432
with an insurance company approved by the State and School 433
Employees Health Insurance Management Board, in lieu of 434
participation in the State and School Life Insurance Plan. On or 435
after July 1, 2004, until October 1, 2004, any school district, 436
community/junior college district or public library may elect to 437
choose a policy or policies of group life insurance existing on 438
October 1, 1999, with an insurance company approved by the State 439
and School Employees Health Insurance Management Board in lieu of 440
participation in the State and School Life Insurance Plan. The 441
state's contribution of up to fifty percent (50%) of the active 442
employee's premium under the State and School Life Insurance Plan 443
may be applied toward the cost of coverage for full-time employees 444
participating in the approved life insurance company group plan. 445
For purposes of this subsection (7), "life insurance company group 446
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plan" means a plan administered or sold by a private insurance 447
company. After October 1, 1999, the board may assess charges in 448
addition to the existing State and School Life Insurance Plan 449
rates to such employees as a condition of enrollment in the State 450
and School Life Insurance Plan. In order for any life insurance 451
company group plan to be approved by the State and School 452
Employees Health Insurance Management Board under this subsection 453
(7), it shall meet the following criteria: 454
(a) The insurance company offering the group life 455
insurance plan shall be rated "A-" or better by A.M. Best state 456
insurance rating service and be licensed as an admitted carrier in 457
the State of Mississippi by the Mississippi Department of 458
Insurance. 459
(b) The insurance company group life insurance plan 460
shall provide the same life insurance, accidental death and 461
dismemberment insurance and waiver of premium benefits as provided 462
in the State and School Life Insurance Plan. 463
(c) The insurance company group life insurance plan 464
shall be fully insured, and no form of self-funding life insurance 465
by the company shall be approved. 466
(d) The insurance company group life insurance plan 467
shall have one (1) composite rate per One Thousand Dollars 468
($1,000.00) of coverage for active employees regardless of age and 469
one (1) composite rate per One Thousand Dollars ($1,000.00) of 470
coverage for all retirees regardless of age or type of retiree. 471
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(e) The insurance company and its group life insurance 472
plan shall comply with any administrative requirements of the 473
State and School Employees Health Insurance Management Board. If 474
any insurance company providing group life insurance benefits to 475
employees under this subsection (7) fails to comply with any 476
requirements specified in this subsection or any administrative 477
requirements of the board, the state shall discontinue providing 478
funding for the cost of that insurance. 479
SECTION 8. Section 27-19-56, Mississippi Code of 1972, is 480
amended as follows: 481
27-19-56. (1) (a) Upon application by any legal resident 482
of the State of Mississippi with a disability which limits or 483
impairs the ability to walk, or by the owner of a motor vehicle 484
who has a child, parent or spouse with a disability which limits 485
or impairs the ability to walk and the child, parent or spouse is 486
living with the applicant, the Department of Revenue shall prepare 487
and issue through the county tax collectors a special license 488
plate bearing the International Symbol of Access adopted by 489
Rehabilitation International in 1969 at its Eleventh World 490
Congress on Rehabilitation of the Disabled for not more than two 491
(2) vehicles that are registered in the applicant's name. The 492
initial application shall be accompanied by the certification of a 493
licensed physician that (i) the applicant or the applicant's 494
child, parent or spouse meets the definition of persons with 495
disabilities which limit or impair the ability to walk; and (ii) 496
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that the physician has determined that the applicant or the 497
applicant's child, parent or spouse will have the disability for 498
at least five (5) years. The Department of Revenue shall prepare 499
and issue to the tax collectors of the various counties, decals 500
for placement on the special license plates. The decals shall 501
bear thereon the month in which the license plate was issued and 502
the year in which the special license plate will expire. The 503
special license plate issued under this section is valid for the 504
period of time that the license tag attached upon a motor vehicle 505
is issued pursuant to Section 27-19-31(1). A person to whom the 506
special license plate is issued may retain the special license 507
plate and may renew it by submitting to the county tax collector, 508
on or before its expiration, the certification of a licensed 509
physician that the physician has determined (i) that the applicant 510
or the applicant's child, parent or spouse meets the definition of 511
a person with a disability which limits or impairs the ability to 512
walk; and (ii) that the applicant or the applicant's child, parent 513
or spouse will have the disability for at least five (5) years. 514
If an applicant fails to renew the special license plate before 515
its date of expiration, then he or she shall surrender the special 516
license plate to the county tax collector and the tax collector 517
shall issue to such person a regular license plate to replace the 518
special license plate. 519
(b) Upon application by any legal resident of the State 520
of Mississippi who has a disabled American veteran plate or tag 521
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issued under Section 27-19-53 properly displayed on his vehicle 522
and a disability which limits or impairs the ability to walk, the 523
Department of Revenue shall prepare and issue through the county 524
tax collectors a special decal bearing the International Symbol of 525
Access adopted by Rehabilitation International in 1969 at its 526
Eleventh World Congress on Rehabilitation of the Disabled for not 527
more than two (2) vehicles that are registered in the applicant's 528
name and properly display the plate or tag issued under Section 529
27-19-53. The decal shall be affixed to the plate or tag issued 530
under Section 27-19-53. The initial application shall be 531
accompanied by the certification of a licensed physician that (i) 532
the applicant meets the definition of persons with disabilities 533
which limit or impair the ability to walk; and (ii) that the 534
physician has determined that the applicant will have the 535
disability for at least five (5) years. The Department of Revenue 536
shall prepare and issue to the tax collectors of the various 537
counties, decals for placement on the plate or tag issued under 538
Section 27-19-53. The decals shall bear thereon the month in 539
which the license plate or tag was issued and the year in which 540
the plate or tag will expire. The special decal is valid for the 541
period of time that the license tag attached upon a motor vehicle 542
is issued pursuant to Section 27-19-53. A person to whom the 543
special decal is issued may retain the decal and may renew it by 544
submitting to the county tax collector, on or before its 545
expiration, the certification of a licensed physician that the 546
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physician has determined (i) that the applicant meets the 547
definition of a person with a disability which limits or impairs 548
the ability to walk; and (ii) that the applicant will have the 549
disability for at least five (5) years. If an applicant fails to 550
renew the special license plate decal before its date of 551
expiration, then he shall surrender the decal to the county tax 552
collector. 553
(c) Upon application by any legal resident of the State 554
of Mississippi who has a license tag issued under Section 555
27-19-56.14 properly displayed on his vehicle and has a disability 556
which limits or impairs the ability to walk or has a child, parent 557
or spouse with a disability which limits or impairs the ability to 558
walk and the child, parent or spouse is living with the applicant, 559
the Department of Revenue shall prepare and issue through the 560
county tax collectors a special decal bearing the International 561
Symbol of Access adopted by Rehabilitation International in 1969 562
at its Eleventh World Congress on Rehabilitation of the Disabled 563
for not more than two (2) vehicles that are registered in the 564
applicant's name and properly display a tag issued under Section 565
27-19-56.14. The decal shall be affixed to the tag issued under 566
Section 27-19-56.14. The initial application shall be accompanied 567
by the certification of a licensed physician that (i) the 568
applicant or the applicant's child, parent or spouse meets the 569
definition of persons with disabilities which limit or impair the 570
ability to walk; and (ii) that the physician has determined that 571
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the applicant or the applicant's child, parent or spouse will have 572
the disability for at least five (5) years. The special decal is 573
valid for the period of time that the license tag attached upon a 574
motor vehicle is issued pursuant to Section 27-19-56.14. A person 575
to whom the special decal is issued may retain the decal and may 576
renew it by submitting to the county tax collector, on or before 577
its expiration, the certification of a licensed physician that the 578
physician has determined (i) that the applicant or the applicant's 579
child, parent or spouse meets the definition of a person with a 580
disability which limits or impairs the ability to walk; and (ii) 581
that the applicant or the applicant's child, parent or spouse will 582
have the disability for at least five (5) years. If an applicant 583
fails to renew the special decal before its date of expiration, 584
then he shall surrender the decal to the county tax collector. 585
(d) (i) The terms "vehicle" and "motor vehicle," as 586
used in this section, include motorcycles. 587
(ii) The term "persons with disabilities which 588
limit or impair the ability to walk," when used in this section, 589
means those persons who, as determined by a licensed physician: 590
1. Cannot walk two hundred (200) feet without 591
stopping to rest; or 592
2. Cannot walk without the use of, or 593
assistance from, a brace, cane, crutch, another person, prosthetic 594
device, wheelchair, or other assistive device; or 595
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3. Are restricted by lung disease to such an 596
extent that the person's forced (respiratory) expiratory volume 597
for one (1) second, when measured by spirometry, is less than one 598
(1) liter, or the arterial oxygen tension is less than sixty (60) 599
mm/hg on room air at rest; or 600
4. Use portable oxygen; or 601
5. Have a cardiac condition to the extent 602
that the person's functional limitations are classified in 603
severity as Class III or Class IV according to standards set by 604
the American Heart Association; or 605
6. Are severely limited in their ability to 606
walk due to an arthritic, neurological or orthopedic condition. 607
(e) An applicant for a special license plate or decal 608
bearing the International Symbol of Access shall not be required 609
to pay any fee or charge for the issuance of such license plate or 610
decal separate from or in addition to the road and bridge 611
privilege taxes, ad valorem taxes and registration fees otherwise 612
required by law to be paid for the issuance of a regular license 613
plate for such vehicle. 614
(2) The Department of Revenue shall prepare removable 615
windshield placards and such placards shall be issued and 616
periodically renewed upon the applications of persons with 617
disabilities which limit or impair the ability to walk, or upon 618
the applications of owners of motor vehicles who have a child, 619
parent or spouse with a disability which limits or impairs the 620
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ability to walk and the child, parent or spouse is living with the 621
owner of the motor vehicle. The placards shall be issued, free of 622
charge, to applicants through the offices of the tax collectors of 623
the counties. The initial application shall be accompanied by the 624
certification of a licensed physician that the applicant or the 625
applicant's child, parent or spouse meets the definition of 626
persons with disabilities which limit or impair the ability to 627
walk. These placards shall be valid for the period of time that 628
the license tag attached upon a motor vehicle is issued pursuant 629
to Section 27-19-31(1) and may be renewed in the same manner as 630
provided for the renewal of the special license plates or decals 631
under subsection (1) of this section. The removable windshield 632
placard must be displayed on the left side of the vehicle 633
dashboard or by hanging it on the rearview mirror of the vehicle. 634
The Department of Revenue shall prescribe the placement for 635
motorcycles. 636
(3) The Department of Revenue shall provide for the issuance 637
of a temporary removable windshield placard, upon the application 638
of a person with a disability which limits or impairs the ability 639
to walk, or upon the application of the owner of a motor vehicle 640
who has a child, parent or spouse with a disability which limits 641
or impairs the ability to walk and the child, parent or spouse is 642
living with the owner of the motor vehicle. Temporary removable 643
windshield placards authorized by this subsection shall be 644
prepared by the Department of Revenue and shall be issued, free of 645
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charge, to applicants through the offices of the tax collectors of 646
the counties. Application for a temporary removable windshield 647
placard must be accompanied by the certification of a licensed 648
physician that the applicant or the applicant's child, parent or 649
spouse meets the definition of persons with disabilities which 650
limit or impair the ability to walk. The certification shall also 651
include the period of time that the physician determines the 652
applicant or the applicant's child, parent or spouse will have the 653
disability, not to exceed six (6) months. The temporary removable 654
windshield placard must be displayed on the left side of the 655
vehicle dashboard or by hanging it on the rearview mirror of the 656
vehicle. The temporary removable windshield placard shall be 657
valid for a period of time for which the physician has determined 658
that the applicant will have the disability, not to exceed six (6) 659
months from the date of issuance. The Department of Revenue shall 660
prescribe the placement for motorcycles. 661
(4) The removable windshield placard and the temporary 662
removable windshield placard shall be two-sided and shall include: 663
(a) The International Symbol of Access, which is at 664
least three (3) inches in height, centered on the placard (the 665
color of the removable windshield placard shall be white on a blue 666
shield; and the temporary removable windshield placard shall be 667
white on a red shield); 668
(b) An identification number and, on the reverse side, 669
the name of the individual to whom the placard is issued; 670
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(c) A date of expiration; and 671
(d) The seal of the State of Mississippi. 672
(5) (a) It shall be unlawful to park a motor vehicle in an 673
area set aside for persons * * * with a disability if the motor 674
vehicle does not (i) have displayed the removable windshield 675
placard authorized in this section with the date of expiration 676
visible, (ii) have the special license plate issued under this 677
section properly displayed upon the motor vehicle, (iii) have the 678
disabled American veteran tag or plate issued under Section 679
27-19-53 properly displayed upon the motor vehicle, (iv) have the 680
disabled Purple Heart Medal recipient tag or plate issued under 681
Section 27-19-56.5 properly displayed upon the motor vehicle, (v) 682
have the disabled Bronze Star recipient tag or plate issued under 683
Section 27-19-56.62 properly displayed upon the motor vehicle, or 684
(vi) have a license tag issued under Section 27-19-56.14 and 685
bearing the special decal issued under subsection (1)(c) of this 686
section properly displayed upon the motor vehicle. Any person who 687
unlawfully parks a motor vehicle in such areas, or who blocks such 688
spaces or access thereto, shall be guilty of a misdemeanor and, 689
upon conviction thereof, shall be fined not more than Two Hundred 690
Dollars ($200.00) for each such violation. For the third and 691
subsequent offenses under this section, the offender's driver's 692
license shall be suspended for ninety (90) days by the 693
Commissioner of Public Safety in accordance with Section 63-1-53 694
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in addition to any fine imposed. The court shall not suspend or 695
reduce any fine required to be imposed under this subsection. 696
(b) A person who is charged with a violation of this 697
section by parking a motor vehicle in an area set aside for 698
persons * * * with a disability and failing properly to display 699
(i) a removable windshield placard on the dash of the vehicle or 700
by hanging it on the rearview mirror of the vehicle, (ii) a 701
special license plate issued under this section upon the vehicle, 702
(iii) a disabled American veteran tag or plate issued under 703
Section 27-19-53, (iv) * * * a disabled Purple Heart Medal 704
recipient tag or plate issued under Section 27-19-56.5 * * * upon 705
the motor vehicle, (v) * * * a disabled Bronze Star recipient tag 706
or plate issued under Section 27-19-56.62 * * * upon the motor 707
vehicle, or (vi) a license tag issued under Section 27-19-56.14 708
and bearing the special decal issued under subsection (1)(c) of 709
this section * * * upon the motor vehicle, shall not be convicted 710
and shall have the charge dismissed upon presentation to the court 711
of proof by means of sworn oral testimony or sworn affidavit that 712
at the time of the charged violation, such person or a passenger 713
in the vehicle possessed a valid removable windshield placard 714
issued under this section. 715
(6) Any person who, for the purpose of obtaining a special 716
license plate or windshield placard under this section, files with 717
the county tax collector a physician's certification, knowing the 718
certification to be false or to have been fraudulently obtained, 719
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shall be guilty of a misdemeanor and, upon conviction, shall be 720
fined not more than Two Hundred Dollars ($200.00). 721
(7) All law enforcement officers are authorized to enforce 722
this section on public and private property. Provision of spaces 723
restricted to * * * disabled parking and proper marking of such 724
spaces shall be considered as intent and permission to enforce 725
such designated parking on private property. Any owner of private 726
property may tow away a vehicle that is parked on the owner's 727
private property in violation of the disabled parking restrictions 728
set forth in this section at the vehicle owner's expense. In 729
addition, the vehicle owner may be subject to any fines or other 730
penalties provided in this section. Only areas marked in 731
accordance with the Americans with Disabilities Act Accessibility 732
Guidelines or equivalent standards shall be enforced. Spaces 733
shall bear the International Symbol of Access. 734
(8) Motor vehicles displaying a special license plate, 735
license plate decal, placard or parking certificate or permit 736
bearing the International Symbol of Access issued to a person with 737
a disability by any other state or district subject to the laws of 738
the United States shall be allowed the special parking privileges 739
under this section provided the license plate, decal, placard, 740
permit or certificate bears the International Symbol of Access and 741
is displayed in a prominent place on the vehicle. 742
(9) Parking in any area set aside for persons * * * with 743
disabilities is limited to vehicles which, immediately before or 744
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after the utilization of such an area, are used to transport a 745
person with a disability which limits or impairs the ability to 746
walk. The identification required to park in such an area, except 747
as provided in subsection (8) of this section, is as follows: 748
(a) For a vehicle used to transport a person with a 749
permanent disability, that person's permanent windshield placard 750
must be displayed or the vehicle must have a special license tag 751
issued under this section or Section 27-19-53 properly displayed 752
or the vehicle must have a license tag issued under Section 753
27-19-56.14 and bearing the special decal issued under subsection 754
(1)(c) of this section properly displayed. 755
(b) For a vehicle being used by a person who has a 756
temporary disability which limits or impairs the ability to walk, 757
or which is being used to transport such a person, a temporary 758
windshield placard must be displayed. 759
Any person who parks in an area set aside for persons * * * 760
with disabilities in violation of this subsection shall be 761
punished as provided for in subsection (5) of this section. 762
(10) Upon application by a nursing home, retirement home or 763
other institution that transports * * * persons with disabilities, 764
the Department of Revenue may issue the special license plate 765
authorized pursuant to this section for not more than one (1) 766
vehicle that is registered in the applicant's name that is used to 767
transport * * * the institution's residents * * * with 768
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disabilities. Such institution shall comply with all other laws 769
regarding the registration of such vehicle. 770
SECTION 9. Section 29-5-65, Mississippi Code of 1972, is 771
amended as follows: 772
29-5-65. At any time when the Legislature is in session, 773
the * * * Department of Finance and Administration shall designate 774
and reserve sufficient parking spaces around the New Capitol 775
Building to accommodate the members of the Legislature, and, when 776
such spaces have been so designated and reserved, they shall be 777
identified and marked by means of numbers, one (1) of which shall 778
be assigned to each member of the Legislature, and that space for 779
which he or she holds that number shall be reserved for the 780
exclusive use of the * * * legislator. The * * * department is 781
authorized and directed to reserve and allocate, among those 782
spaces, an individual parking space for use of any member of the 783
Legislature who * * * has a physical disability, so as to make his 784
or her entrance to and exit from the New Capitol Building as 785
convenient as is reasonably possible. 786
SECTION 10. Section 37-16-9, Mississippi Code of 1972, is 787
amended as follows: 788
37-16-9. (1) The state board shall, after a public hearing 789
and consideration, make provision for appropriate accommodations 790
for testing instruments and procedures for students with 791
identified * * * disabilities in order to ensure that the results 792
of the testing represent the student's achievement, rather than 793
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reflecting the student's impaired sensory, manual, speaking or 794
psychological process skills, except when such skills are the 795
factors the test purports to measure. 796
(2) The public hearing and consideration required hereunder 797
shall not be construed to amend or nullify the requirements of 798
security relating to the contents of examinations or assessment 799
instruments and related materials or data. 800
(3) Children with disabilities shall be included in general 801
statewide and district-wide assessments programs, with appropriate 802
accommodations, where necessary. As appropriate, the State 803
Department of Education and the local educational agency shall: 804
(a) Develop policies and procedures for the 805
participation of children with disabilities in alternate 806
assessments for those children who cannot participate in statewide 807
and district-wide assessment programs; and 808
(b) Develop and, beginning not later than July 1, 2000, 809
conduct those alternate assessments. 810
(4) The State Department of Education shall make available 811
to the public, and report to the public with the same frequency 812
and in the same detail as it reports on the assessment of 813
nondisabled children, the following: 814
(a) The number of children with disabilities 815
participating in regular assessments; 816
(b) The number of children participating in alternate 817
assessments; 818
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(c) The performance of those children on regular 819
assessments, beginning not later than July 1, 1998, and on 820
alternate assessments, not later than July 1, 2000, if doing so 821
would be statistically sound and would not result in the 822
disclosure of performance results identifiable to individual 823
children; and 824
(d) Data relating to the performance of children with 825
disabilities shall be disaggregated for assessments conducted 826
after July 1, 1998. 827
SECTION 11. Section 37-31-31, Mississippi Code of 1972, is 828
amended as follows: 829
37-31-31. The intention of Sections 37-31-31 through 830
37-31-41 is to enable the State of Mississippi, by and through the 831
State Board of Education, to secure the benefits of the federal 832
Social Security Act pertaining to services for * * * children with 833
physical disabilities, and * * * those sections shall be liberally 834
construed in order to effectuate such intention. 835
SECTION 12. Section 37-31-33, Mississippi Code of 1972, is 836
amended as follows: 837
37-31-33. For the purpose of enabling the State Board of 838
Education to comply with the provisions of the federal Social 839
Security Act and to continue to extend and improve as far as 840
practicable the services now maintained by * * * the state board 841
for locating * * * children with physical disabilities and for 842
providing medical, surgical, corrective, and other services, care 843
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and treatment, and facilities for diagnosis, hospitalization, and 844
after-care for children * * * with physical disabilities or * * * 845
conditions * * * that lead to * * * physical disabilities, any and 846
all funds appropriated for physical restoration of * * * children 847
with physical disabilities for the above purposes may be used for 848
the purposes set forth in this section. 849
SECTION 13. Section 37-31-35, Mississippi Code of 1972, is 850
amended as follows: 851
37-31-35. Sections 37-31-31 through 37-31-41, together with 852
funds made available through that section of those sections of the 853
federal Social Security Act * * * that relates to * * * children 854
with physical disabilities, together with any and all available 855
state and federal appropriations, shall be administered by the 856
State Board of Education, and shall be used in the further 857
development of the state's program of physical restoration of 858
* * * children with physical disabilities. The State Board of 859
Education is * * * authorized to accept donations, gifts and 860
bequests and to expend same on approval of the executive officer 861
of the board, for purposes approved under regulations of the State 862
Board of Education. 863
SECTION 14. Section 37-31-39, Mississippi Code of 1972, is 864
amended as follows: 865
37-31-39. The State Board of Education shall cooperate with 866
medical, health, nursing and * * * human services groups and 867
organizations and with any other agencies in the state charged 868
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with administering state laws providing for vocational 869
rehabilitation of * * * children with physical disabilities. 870
* * * The state board * * * shall cooperate with the federal 871
government in such manner as to obtain the benefits of the 872
provisions of the federal Social Security Act pertaining to * * * 873
children with physical disabilities. 874
SECTION 15. Section 37-33-13, Mississippi Code of 1972, is 875
amended as follows: 876
37-33-13. As used in the Vocational Rehabilitation Law: 877
(a) "Competitive employment" means work in the 878
competitive labor market that is performed on a full-time or 879
part-time basis in an integrated setting and for which an 880
individual is compensated at or above the minimum wage, but not 881
less than the customary wage and level of benefits paid by the 882
employer for the same or similar work performed by individuals who 883
are not disabled; 884
(b) "Department" or "agency" means the State Department 885
of Rehabilitation Services; 886
(c) "Director" means the Director of the Office of 887
Vocational Rehabilitation; 888
(d) "Executive director" means the Executive Director 889
of the State Department of Rehabilitation Services; 890
(e) "Employment outcome" means, with respect to an 891
individual entering or retaining full-time or, if appropriate, 892
part-time competitive employment in the integrated labor market to 893
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the greatest extent practicable; supported employment; or any 894
other type of employment, including self-employment, 895
telecommuting, or business ownership, that is consistent with an 896
individual's strengths, resources, priorities, concerns, 897
abilities, capabilities, interests, and informed choice; 898
(f) "Individual with a disability" means any individual 899
who has a physical or mental impairment, whose impairment 900
constitutes or results in a substantial impediment to employment, 901
and who can benefit in terms of an employment outcome from the 902
provision of vocational rehabilitation services; 903
(g) "Maintenance" means monetary support provided to an 904
individual for expenses, such as food, shelter, and clothing, that 905
are in excess of the normal expenses of the individual and that 906
are necessitated by the individual's participation in an 907
assessment for determining eligibility and vocational 908
rehabilitation needs or the individual's receipt of vocational 909
rehabilitation services under an individualized plan for 910
employment; 911
(h) "Occupational license" means any license, permit or 912
other written authority required by any governmental unit to be 913
obtained in order to engage in an occupation; 914
(i) "Office" means the Office of Vocational 915
Rehabilitation of the State Department of Rehabilitation Services; 916
(j) "Personal assistance services" means assistance in 917
a range of services provided by one or more persons designed to 918
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assist an eligible individual with a disability to perform daily 919
living activities on or off the job that the individual would 920
typically perform without assistance. The services must be 921
designed to increase the individual's control in life and ability 922
to perform every day activities on or off the job. The services 923
must be necessary to the achievement of an employment outcome and 924
may be provided only while the individual is receiving other 925
vocational rehabilitation services. The services may include 926
training in managing, supervising, and directing personal 927
assistance services; 928
(k) "Physical restoration services" means (i) 929
corrective surgery or therapeutic treatment that is likely, within 930
a reasonable period of time, to correct or modify substantially a 931
stable or slowly progressive physical or mental impairment that 932
constitutes a substantial impediment to employment; (ii) diagnosis 933
of and treatment for mental or emotional disorders by qualified 934
personnel in accordance with state licensure laws; (iii) 935
dentistry; (iv) nursing services; (v) necessary hospitalization 936
(either inpatient or outpatient care) in connection with surgery 937
or treatment and clinic services; (vi) drugs and supplies; (vii) 938
prosthetic and orthotic devices; (viii) eyeglasses and visual 939
services, including visual training, and the examination and 940
services necessary for the prescription and provision of 941
eyeglasses, contact lenses, microscopic lenses, telescopic lenses, 942
and other special visual aids prescribed by personnel that are 943
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qualified in accordance with state licensure laws; (ix) podiatry; 944
(x) physical therapy; (xi) occupational therapy; (xii) speech or 945
hearing therapy; (xiii) mental health services; (xiv) treatment of 946
either acute or chronic medical restoration services, or that are 947
inherent in the condition under treatment; (xv) special services 948
for the treatment of individuals with end-stage renal disease; and 949
(xvi) other medical or medically-related rehabilitation services; 950
(l) "Prosthetic appliance" means any artificial device 951
necessary to support, to take the place of a part of the body, or 952
to increase the acuity of a sense organ; 953
(m) "Regulations" means regulations made by the 954
executive director with the approval of the state board. 955
(n) "Rehabilitation engineering services" means the 956
systematic application of engineering sciences to design, develop, 957
adapt, test, evaluate, apply, and distribute technological 958
solutions to problems confronted by individuals with disabilities 959
in functional areas such as mobility, communications, hearing, 960
vision, and cognition, and in activities associated with 961
employment, independent living, education, and integration into 962
the community; 963
(o) "Rehabilitation training" means all necessary 964
training provided to an eligible individual with a disability to 965
enable him or her to overcome his or her substantial impediment to 966
employment * * *, including, but not limited to, manual, 967
preconditioning, prevocational, vocational and supplementary 968
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training and training provided for the purpose of developing 969
occupational skills and capacities; 970
(p) "State board" means the State Board of 971
Rehabilitation Services; 972
(q) "Substantial impediment to employment" means that a 973
physical or mental impairment (in light of attendant medical, 974
psychological, vocational, educational, communication, and other 975
related factors) hinders an individual from preparing for, 976
entering into, engaging in, or retaining employment consistent 977
with the individual's abilities and capabilities; 978
(r) "Supported employment services" means ongoing 979
support services and other appropriate services needed to support 980
and maintain an individual with a most significant disability in 981
supported employment that are provided by the designated state 982
unit (i) for a period of time not to exceed eighteen (18) months, 983
unless under special circumstances the eligible individual and the 984
rehabilitation counselor jointly agree to extend the time to 985
achieve the employment outcome identified in the individualized 986
plan for employment; and (ii) following transition, as 987
post-employment services that are unavailable from an extended 988
services provider and that are necessary to maintain or regain the 989
job placement or advance in employment; 990
(s) "Vocational rehabilitation" and "vocational 991
rehabilitation services" mean, for an eligible individual with a 992
disability, services as appropriate and required to assist in 993
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preparing for, securing, retaining, or regaining an employment 994
outcome that is consistent with the individual's strengths, 995
resources, priorities, concerns, abilities, capabilities, 996
interests, and informed choice, including, but not limited to, 997
services in accordance with definitions in the most current 998
amendment of the Rehabilitation Act: (i) assessment for 999
determining eligibility and priority for services by qualified 1000
personnel, including, if appropriate, an assessment by personnel 1001
skilled in rehabilitation technology; (ii) assessment for 1002
determining vocational rehabilitation needs by qualified 1003
personnel, including, if appropriate, an assessment by personnel 1004
skilled in rehabilitation technology; (iii) vocational 1005
rehabilitation counseling and guidance, including information and 1006
support services to assist an individual in exercising informed 1007
choice; (iv) referral and other services necessary to assist 1008
applicants and eligible individuals to secure needed services from 1009
other agencies, including other components of the statewide 1010
workforce investment system and to advise those individuals about 1011
client assistance programs; (v) physical and mental restoration 1012
services, to the extent that financial support is not readily 1013
available from a source other than the State Department of 1014
Rehabilitation Services (such as through health insurance or a 1015
comparable service or benefit); (vi) vocational and other training 1016
services, including personal and vocational adjustment training, 1017
books, tools, and other training materials, except that no 1018
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training or training services in an institution of higher learning 1019
(universities, colleges, community or junior colleges, vocational 1020
schools, technical institutes, or hospital schools of nursing) may 1021
be paid for with funds under this law unless maximum efforts have 1022
been made by the state unit and the individual to secure grant 1023
assistance in whole or in part from other sources to pay for that 1024
training; (vii) maintenance; (viii) transportation in connection 1025
with the rendering of any vocational rehabilitation service; (ix) 1026
vocational rehabilitation services to family members of an 1027
applicant or eligible individual if necessary to enable the 1028
applicant or eligible individual to achieve an employment outcome; 1029
(x) interpreter services, including sign language and oral 1030
interpreter services, for individuals who are deaf or hard of 1031
hearing and tactile interpreting services for individuals who are 1032
deaf-blind provided by qualified personnel; (xi) reader services, 1033
rehabilitation teaching services, and orientation and mobility 1034
services for individuals who are blind; (xii) job-related 1035
services, including job search and placement assistance, job 1036
retention services, follow-up services, and follow-along services; 1037
(xiii) supported employment services; (xiv) personal assistance 1038
services; (xv) post-employment services; (xvi) occupational 1039
licenses, tools, equipment, initial stocks, and supplies; (xvii) 1040
rehabilitation technology including vehicular modification, 1041
telecommunications, sensory, and other technological aids and 1042
devices; (xviii) transition services; (xix) technical assistance 1043
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and other consultation services to conduct market analyses, 1044
develop business plans, and otherwise provide resources, to the 1045
extent those resources are authorized to be provided through the 1046
statewide workforce investment system, to eligible individuals who 1047
are pursuing self-employment or telecommuting or establishing a 1048
small business operation as an employment outcome; (xx) other 1049
goods and services determined necessary for the individual with a 1050
disability to achieve an employment outcome. 1051
SECTION 16. Section 37-41-3, Mississippi Code of 1972, is 1052
amended as follows: 1053
37-41-3. Pupils of legal school age, which shall include 1054
kindergarten pupils, and in actual attendance in the public 1055
schools who live a distance of one (1) mile or more by the nearest 1056
traveled road from the school to which they are assigned by the 1057
school district in which they are enrolled shall be entitled to 1058
transportation within the meaning of this chapter. Nothing 1059
contained in this section shall be construed to bar any child from 1060
such transportation where he or she lives less than one (1) mile 1061
and is on the regular route of travel of a school bus and space is 1062
available in such bus for such transportation. No state funds 1063
shall be paid for the transportation of children living within one 1064
(1) mile of the school, except as otherwise provided in this 1065
chapter, and such children shall not be included in transportation 1066
reports. In the development of route plans, economy shall be a 1067
prime consideration. There shall be no duplication of routes 1068
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except in circumstances where it is totally unavoidable. The 1069
State Department of Education shall have authority to investigate 1070
school bus routing when there is reason to believe the provisions 1071
of this statute are being violated. The State Board of Education 1072
shall have authority to withhold transportation funds when school 1073
districts fail to correct unnecessary route duplication. * * * 1074
All school districts are * * * authorized to lease or contract 1075
with any public or private individual, partnership, corporation, 1076
association, agency or other organization for the implementation 1077
of transportation of pupils as provided for in this section. 1078
The school boards may provide transportation to such * * * 1079
children with physical disabilities as may be designated by such 1080
boards, when the failure to do so would result in undue hardship, 1081
even though the children are not otherwise entitled to 1082
transportation under the provisions of this chapter. The State 1083
Department of Education shall require all school districts * * * 1084
to equip school buses with properly designed seat belts to protect 1085
such * * * children with physical disabilities, and school 1086
districts are authorized to expend funds therefor from * * * 1087
sources other than Mississippi student funding formula funds. 1088
Where space is available, students attending public community 1089
or junior colleges shall be allowed transportation on established 1090
routes in district-owned buses. However, no additional funds 1091
shall be allocated or expended for such purposes, and such persons 1092
shall not be included in transportation reports. 1093
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Children enrolled in special or alternative programs approved 1094
by school boards may be provided transportation even though such 1095
children are not otherwise entitled to transportation under the 1096
provisions of this chapter. No additional funds shall be 1097
allocated or expended for such purpose, and such children shall 1098
not be included in transportation reports. 1099
SECTION 17. Section 41-3-15, Mississippi Code of 1972, is 1100
amended as follows: 1101
41-3-15. (1) (a) There shall be a State Department of 1102
Health. 1103
(b) The State Board of Health shall have the following 1104
powers and duties: 1105
(i) To formulate the policy of the State 1106
Department of Health regarding public health matters within the 1107
jurisdiction of the department; 1108
(ii) To adopt, modify, repeal and promulgate, 1109
after due notice and hearing, and enforce rules and regulations 1110
implementing or effectuating the powers and duties of the 1111
department under any and all statutes within the department's 1112
jurisdiction, and as the board may deem necessary; 1113
(iii) To apply for, receive, accept and expend any 1114
federal or state funds or contributions, gifts, trusts, devises, 1115
bequests, grants, endowments or funds from any other source or 1116
transfers of property of any kind; 1117
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(iv) To enter into, and to authorize the executive 1118
officer to execute contracts, grants and cooperative agreements 1119
with any federal or state agency or subdivision thereof, or any 1120
public or private institution located inside or outside the State 1121
of Mississippi, or any person, corporation or association in 1122
connection with carrying out the provisions of this chapter, if it 1123
finds those actions to be in the public interest and the contracts 1124
or agreements do not have a financial cost that exceeds the 1125
amounts appropriated for those purposes by the Legislature; 1126
(v) To appoint, upon recommendation of the 1127
Executive Officer of the State Department of Health, a Director of 1128
Internal Audit who shall be either a Certified Public Accountant 1129
or Certified Internal Auditor, and whose employment shall be 1130
continued at the discretion of the board, and who shall report 1131
directly to the board, or its designee; and 1132
(vi) To discharge such other duties, 1133
responsibilities and powers as are necessary to implement the 1134
provisions of this chapter. 1135
(c) The Executive Officer of the State Department of 1136
Health shall have the following powers and duties: 1137
(i) To administer the policies of the State Board 1138
of Health within the authority granted by the board; 1139
(ii) To supervise and direct all administrative 1140
and technical activities of the department, except that the 1141
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department's internal auditor shall be subject to the sole 1142
supervision and direction of the board; 1143
(iii) To organize the administrative units of the 1144
department in accordance with the plan adopted by the board and, 1145
with board approval, alter the organizational plan and reassign 1146
responsibilities as he or she may deem necessary to carry out the 1147
policies of the board; 1148
(iv) To coordinate the activities of the various 1149
offices of the department; 1150
(v) To employ, subject to regulations of the State 1151
Personnel Board, qualified professional personnel in the subject 1152
matter or fields of each office, and such other technical and 1153
clerical staff as may be required for the operation of the 1154
department. The executive officer shall be the appointing 1155
authority for the department, and shall have the power to delegate 1156
the authority to appoint or dismiss employees to appropriate 1157
subordinates, subject to the rules and regulations of the State 1158
Personnel Board; 1159
(vi) To recommend to the board such studies and 1160
investigations as he or she may deem appropriate, and to carry out 1161
the approved recommendations in conjunction with the various 1162
offices; 1163
(vii) To prepare and deliver to the Legislature 1164
and the Governor on or before January 1 of each year, and at such 1165
other times as may be required by the Legislature or Governor, a 1166
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full report of the work of the department and the offices thereof, 1167
including a detailed statement of expenditures of the department 1168
and any recommendations the board may have; 1169
(viii) To prepare and deliver to the Chairmen of 1170
the Public Health and Welfare/Human Services Committees of the 1171
Senate and House on or before January 1 of each year, a plan for 1172
monitoring infant mortality in Mississippi and a full report of 1173
the work of the department on reducing Mississippi's infant 1174
mortality and morbidity rates and improving the status of maternal 1175
and infant health; and 1176
(ix) To enter into contracts, grants and 1177
cooperative agreements with any federal or state agency or 1178
subdivision thereof, or any public or private institution located 1179
inside or outside the State of Mississippi, or any person, 1180
corporation or association in connection with carrying out the 1181
provisions of this chapter, if he or she finds those actions to be 1182
in the public interest and the contracts or agreements do not have 1183
a financial cost that exceeds the amounts appropriated for those 1184
purposes by the Legislature. Each contract or agreement entered 1185
into by the executive officer shall be submitted to the board 1186
before its next meeting. 1187
(2) The State Board of Health shall have the authority to 1188
establish an Office of Rural Health within the department. The 1189
duties and responsibilities of this office shall include the 1190
following: 1191
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(a) To collect and evaluate data on rural health 1192
conditions and needs; 1193
(b) To engage in policy analysis, policy development 1194
and economic impact studies with regard to rural health issues; 1195
(c) To develop and implement plans and provide 1196
technical assistance to enable community health systems to respond 1197
to various changes in their circumstances; 1198
(d) To plan and assist in professional recruitment and 1199
retention of medical professionals and assistants; and 1200
(e) To establish information clearinghouses to improve 1201
access to and sharing of rural health care information. 1202
(3) The State Board of Health shall have general supervision 1203
of the health interests of the people of the state and to exercise 1204
the rights, powers and duties of those acts which it is authorized 1205
by law to enforce. 1206
(4) The State Board of Health shall have authority: 1207
(a) To make investigations and inquiries with respect 1208
to the causes of disease and death, and to investigate the effect 1209
of environment, including conditions of employment and other 1210
conditions that may affect health, and to make such other 1211
investigations as it may deem necessary for the preservation and 1212
improvement of health. 1213
(b) To make such sanitary investigations as it may, 1214
from time to time, deem necessary for the protection and 1215
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improvement of health and to investigate nuisance questions that 1216
affect the security of life and health within the state. 1217
(c) To direct and control sanitary and quarantine 1218
measures for dealing with all diseases within the state possible 1219
to suppress same and prevent their spread. 1220
(d) To obtain, collect and preserve such information 1221
relative to mortality, morbidity, disease and health as may be 1222
useful in the discharge of its duties or may contribute to the 1223
prevention of disease or the promotion of health in this state. 1224
(e) To charge and collect reasonable fees for health 1225
services, including immunizations, inspections and related 1226
activities, and the board shall charge fees for those services; 1227
however, if it is determined that a person receiving services is 1228
unable to pay the total fee, the board shall collect any amount 1229
that the person is able to pay. Any increase in the fees charged 1230
by the board under this paragraph shall be in accordance with the 1231
provisions of Section 41-3-65. 1232
(f) (i) To establish standards for, issue permits and 1233
exercise control over, any cafes, restaurants, food or drink 1234
stands, sandwich manufacturing establishments, and all other 1235
establishments, other than churches, church-related and private 1236
schools, and other nonprofit or charitable organizations, where 1237
food or drink is regularly prepared, handled and served for pay; 1238
and 1239
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(ii) To require that a permit be obtained from the 1240
Department of Health before those persons begin operation. If any 1241
such person fails to obtain the permit required in this 1242
subparagraph (ii), the State Board of Health, after due notice and 1243
opportunity for a hearing, may impose a monetary penalty not to 1244
exceed One Thousand Dollars ($1,000.00) for each violation. 1245
However, the department is not authorized to impose a monetary 1246
penalty against any person whose gross annual prepared food sales 1247
are less than Five Thousand Dollars ($5,000.00). Money collected 1248
by the board under this subparagraph (ii) shall be deposited to 1249
the credit of the State General Fund of the State Treasury. 1250
(g) To promulgate rules and regulations and exercise 1251
control over the production and sale of milk pursuant to the 1252
provisions of Sections 75-31-41 through 75-31-49. 1253
(h) On presentation of proper authority, to enter into 1254
and inspect any public place or building where the State Health 1255
Officer or his representative deems it necessary and proper to 1256
enter for the discovery and suppression of disease and for the 1257
enforcement of any health or sanitary laws and regulations in the 1258
state. 1259
(i) To conduct investigations, inquiries and hearings, 1260
and to issue subpoenas for the attendance of witnesses and the 1261
production of books and records at any hearing when authorized and 1262
required by statute to be conducted by the State Health Officer or 1263
the State Board of Health. 1264
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(j) To promulgate rules and regulations, and to collect 1265
data and information, on (i) the delivery of services through the 1266
practice of telemedicine; and (ii) the use of electronic records 1267
for the delivery of telemedicine services. 1268
(k) To enforce and regulate domestic and imported fish 1269
as authorized under Section 69-7-601 et seq. 1270
(5) (a) The State Board of Health shall have the authority, 1271
in its discretion, to establish programs to promote the public 1272
health, to be administered by the State Department of Health. 1273
Specifically, those programs may include, but shall not be limited 1274
to, programs in the following areas: 1275
(i) Maternal and child health; 1276
(ii) Family planning; 1277
(iii) Pediatric services; 1278
(iv) Services to * * * children with disabilities; 1279
(v) Control of communicable and noncommunicable 1280
disease; 1281
(vi) Chronic disease; 1282
(vii) Accidental deaths and injuries; 1283
(viii) Child care licensure; 1284
(ix) Radiological health; 1285
(x) Dental health; 1286
(xi) Milk sanitation; 1287
(xii) Occupational safety and health; 1288
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(xiii) Food, vector control and general 1289
sanitation; 1290
(xiv) Protection of drinking water; 1291
(xv) Sanitation in food handling establishments 1292
open to the public; 1293
(xvi) Registration of births and deaths and other 1294
vital events; 1295
(xvii) Such public health programs and services as 1296
may be assigned to the State Board of Health by the Legislature or 1297
by executive order; and 1298
(xviii) Regulation of domestic and imported fish 1299
for human consumption. 1300
(b) [Deleted] 1301
(c) The State Department of Health may undertake such 1302
technical programs and activities as may be required for the 1303
support and operation of those programs, including maintaining 1304
physical, chemical, bacteriological and radiological laboratories, 1305
and may make such diagnostic tests for diseases and tests for the 1306
evaluation of health hazards as may be deemed necessary for the 1307
protection of the people of the state. 1308
(6) (a) The State Board of Health shall administer the 1309
local governments and rural water systems improvements loan 1310
program in accordance with the provisions of Section 41-3-16. 1311
(b) The State Board of Health shall have authority: 1312
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(i) To enter into capitalization grant agreements 1313
with the United States Environmental Protection Agency, or any 1314
successor agency thereto; 1315
(ii) To accept capitalization grant awards made 1316
under the federal Safe Drinking Water Act, as amended; 1317
(iii) To provide annual reports and audits to the 1318
United States Environmental Protection Agency, as may be required 1319
by federal capitalization grant agreements; and 1320
(iv) To establish and collect fees to defray the 1321
reasonable costs of administering the revolving fund or emergency 1322
fund if the State Board of Health determines that those costs will 1323
exceed the limitations established in the federal Safe Drinking 1324
Water Act, as amended. The administration fees may be included in 1325
loan amounts to loan recipients for the purpose of facilitating 1326
payment to the board; however, those fees may not exceed five 1327
percent (5%) of the loan amount. 1328
(7) [Deleted] 1329
(8) Notwithstanding any other provision to the contrary, the 1330
State Department of Health shall have the following specific 1331
powers: The State Department of Health is authorized to issue a 1332
license to an existing home health agency for the transfer of a 1333
county from that agency to another existing home health agency, 1334
and to charge a fee for reviewing and making a determination on 1335
the application for such transfer not to exceed one-half (1/2) of 1336
the authorized fee assessed for the original application for the 1337
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home health agency, with the revenue to be deposited by the State 1338
Department of Health into the special fund created under Section 1339
41-7-188. 1340
(9) [Deleted] 1341
(10) Notwithstanding any other provision to the contrary, 1342
the State Department of Health shall have the following specific 1343
powers: The State Department of Health is authorized to extend 1344
and renew any certificate of need that has expired, and to charge 1345
a fee for reviewing and making a determination on the application 1346
for such action not to exceed one-half (1/2) of the authorized fee 1347
assessed for the original application for the certificate of need, 1348
with the revenue to be deposited by the State Department of Health 1349
into the special fund created under Section 41-7-188. 1350
(11) Notwithstanding any other provision to the contrary, 1351
the State Department of Health shall have the following specific 1352
powers: The State Department of Health is authorized and 1353
empowered, to revoke, immediately, the license and require closure 1354
of any institution for the aged or infirm, including any other 1355
remedy less than closure to protect the health and safety of the 1356
residents of * * * the institution or the health and safety of the 1357
general public. 1358
(12) Notwithstanding any other provision to the contrary, 1359
the State Department of Health shall have the following specific 1360
powers: The State Department of Health is authorized and 1361
empowered, to require the temporary detainment of individuals for 1362
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disease control purposes based upon violation of any order of the 1363
State Health Officer, as provided in Section 41-23-5. For the 1364
purpose of enforcing such orders of the State Health Officer, 1365
persons employed by the department as investigators shall have 1366
general arrest powers. All law enforcement officers are 1367
authorized and directed to assist in the enforcement of such 1368
orders of the State Health Officer. 1369
(13) Additionally, the State Board of Health and the State 1370
Health Officer each are authorized and directed to study the 1371
status of health care, in its broadest sense, throughout the 1372
state. The study should include challenges such as access to 1373
care; the cost of care; indigent care; providing health care to 1374
the incarcerated; the availability of health care workers, 1375
paraprofessionals, and professionals; the effects of unhealthy 1376
lifestyle choices; the consequences of health care facilities 1377
locating in affluent and urban areas to the detriment of less 1378
affluent areas, small towns, and rural areas; and negative trends 1379
which may cause ill effects if they continue. The study shall 1380
also include opportunities to improve health care, such as greater 1381
coordination among state agencies, local governments, and other 1382
entities which provide various types of health care; methods of 1383
increasing the health care workforce; and methods to increase the 1384
location of health care facilities in distressed areas, rural 1385
areas, and small towns. All state agencies, the Legislative 1386
Budget Office and the Joint Legislative Committee on Performance 1387
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Evaluation and Expenditure Review (PEER) are directed to assist 1388
the department in developing this study. This provision does not 1389
by itself grant any additional power to the State Board of Health 1390
or the State Health Officer to require any entity to operate 1391
differently. It does, however, empower and direct them to obtain 1392
information and make recommendations, and it does require all 1393
entities to cooperate with the board and health officer as they 1394
seek information. 1395
SECTION 18. Section 41-7-173, Mississippi Code of 1972, is 1396
amended as follows: 1397
41-7-173. For the purposes of Section 41-7-171 et seq., the 1398
following words shall have the meanings ascribed herein, unless 1399
the context otherwise requires: 1400
(a) "Affected person" means (i) the applicant; (ii) a 1401
person residing within the geographic area to be served by the 1402
applicant's proposal; (iii) a person who regularly uses health 1403
care facilities or HMOs located in the geographic area of the 1404
proposal which provide similar service to that which is proposed; 1405
(iv) health care facilities and HMOs which have, prior to receipt 1406
of the application under review, formally indicated an intention 1407
to provide service similar to that of the proposal being 1408
considered at a future date; (v) third-party payers who reimburse 1409
health care facilities located in the geographical area of the 1410
proposal; or (vi) any agency that establishes rates for health 1411
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care services or HMOs located in the geographic area of the 1412
proposal. 1413
(b) "Certificate of need" means a written order of the 1414
State Department of Health setting forth the affirmative finding 1415
that a proposal in prescribed application form, sufficiently 1416
satisfies the plans, standards and criteria prescribed for such 1417
service or other project by Section 41-7-171 et seq., and by rules 1418
and regulations promulgated thereunder by the State Department of 1419
Health. 1420
(c) (i) "Capital expenditure," when pertaining to 1421
defined major medical equipment, shall mean an expenditure which, 1422
under generally accepted accounting principles consistently 1423
applied, is not properly chargeable as an expense of operation and 1424
maintenance and which exceeds One Million Five Hundred Thousand 1425
Dollars ($1,500,000.00). 1426
(ii) "Capital expenditure," when pertaining to 1427
other than major medical equipment, shall mean any expenditure 1428
which under generally accepted accounting principles consistently 1429
applied is not properly chargeable as an expense of operation and 1430
maintenance and which exceeds, for clinical health services, as 1431
defined in paragraph (k) below, Five Million Dollars 1432
($5,000,000.00), adjusted for inflation as published by the State 1433
Department of Health or which exceeds, for nonclinical health 1434
services, as defined in paragraph (k) below, Ten Million Dollars 1435
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($10,000,000.00), adjusted for inflation as published by the State 1436
Department of Health. 1437
(iii) A "capital expenditure" shall include the 1438
acquisition, whether by lease, sufferance, gift, devise, legacy, 1439
settlement of a trust or other means, of any facility or part 1440
thereof, or equipment for a facility, the expenditure for which 1441
would have been considered a capital expenditure if acquired by 1442
purchase. Transactions which are separated in time but are 1443
planned to be undertaken within twelve (12) months of each other 1444
and are components of an overall plan for meeting patient care 1445
objectives shall, for purposes of this definition, be viewed in 1446
their entirety without regard to their timing. 1447
(iv) In those instances where a health care 1448
facility or other provider of health services proposes to provide 1449
a service in which the capital expenditure for major medical 1450
equipment or other than major medical equipment or a combination 1451
of the two (2) may have been split between separate parties, the 1452
total capital expenditure required to provide the proposed service 1453
shall be considered in determining the necessity of certificate of 1454
need review and in determining the appropriate certificate of need 1455
review fee to be paid. The capital expenditure associated with 1456
facilities and equipment to provide services in Mississippi shall 1457
be considered regardless of where the capital expenditure was 1458
made, in state or out of state, and regardless of the domicile of 1459
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the party making the capital expenditure, in state or out of 1460
state. 1461
(d) "Change of ownership" includes, but is not limited 1462
to, inter vivos gifts, purchases, transfers, lease arrangements, 1463
cash and/or stock transactions or other comparable arrangements 1464
whenever any person or entity acquires or controls a majority 1465
interest of an existing health care facility, and/or the change of 1466
ownership of major medical equipment, a health service, or an 1467
institutional health service. Changes of ownership from 1468
partnerships, single proprietorships or corporations to another 1469
form of ownership are specifically included. However, "change of 1470
ownership" shall not include any inherited interest acquired as a 1471
result of a testamentary instrument or under the laws of descent 1472
and distribution of the State of Mississippi. 1473
(e) "Commencement of construction" means that all of 1474
the following have been completed with respect to a proposal or 1475
project proposing construction, renovating, remodeling or 1476
alteration: 1477
(i) A legally binding written contract has been 1478
consummated by the proponent and a lawfully licensed contractor to 1479
construct and/or complete the intent of the proposal within a 1480
specified period of time in accordance with final architectural 1481
plans which have been approved by the licensing authority of the 1482
State Department of Health; 1483
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(ii) Any and all permits and/or approvals deemed 1484
lawfully necessary by all authorities with responsibility for such 1485
have been secured; and 1486
(iii) Actual bona fide undertaking of the subject 1487
proposal has commenced, and a progress payment of at least one 1488
percent (1%) of the total cost price of the contract has been paid 1489
to the contractor by the proponent, and the requirements of this 1490
paragraph (e) have been certified to in writing by the State 1491
Department of Health. 1492
Force account expenditures, such as deposits, securities, 1493
bonds, et cetera, may, in the discretion of the State Department 1494
of Health, be excluded from any or all of the provisions of 1495
defined commencement of construction. 1496
(f) "Consumer" means an individual who is not a 1497
provider of health care as defined in paragraph (q) of this 1498
section. 1499
(g) "Develop," when used in connection with health 1500
services, means to undertake those activities which, on their 1501
completion, will result in the offering of a new institutional 1502
health service or the incurring of a financial obligation as 1503
defined under applicable state law in relation to the offering of 1504
such services. 1505
(h) "Health care facility" includes hospitals, 1506
psychiatric hospitals, chemical dependency hospitals, skilled 1507
nursing facilities, end-stage renal disease (ESRD) facilities, 1508
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including freestanding hemodialysis units, intermediate care 1509
facilities, ambulatory surgical facilities, intermediate care 1510
facilities for individuals with intellectual disabilities, home 1511
health agencies, psychiatric residential treatment facilities, 1512
pediatric skilled nursing facilities, long-term care hospitals, 1513
comprehensive medical rehabilitation facilities, including 1514
facilities owned or operated by the state or a political 1515
subdivision or instrumentality of the state, but does not include 1516
Christian Science sanatoriums operated or listed and certified by 1517
the First Church of Christ, Scientist, Boston, Massachusetts. 1518
This definition shall not apply to facilities for the private 1519
practice, either independently or by incorporated medical groups, 1520
of physicians, dentists or health care professionals except where 1521
such facilities are an integral part of an institutional health 1522
service. The various health care facilities listed in this 1523
paragraph shall be defined as follows: 1524
(i) "Hospital" means an institution which is 1525
primarily engaged in providing to inpatients, by or under the 1526
supervision of physicians, diagnostic services and therapeutic 1527
services for medical diagnosis, treatment and care of injured, 1528
disabled or sick persons, or rehabilitation services for the 1529
rehabilitation of injured, disabled or sick persons. Such term 1530
does not include psychiatric hospitals. 1531
(ii) "Psychiatric hospital" means an institution 1532
which is primarily engaged in providing to inpatients, by or under 1533
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the supervision of a physician, psychiatric services for the 1534
diagnosis and treatment of persons with mental illness. 1535
(iii) "Chemical dependency hospital" means an 1536
institution which is primarily engaged in providing to inpatients, 1537
by or under the supervision of a physician, medical and related 1538
services for the diagnosis and treatment of chemical dependency 1539
such as alcohol and drug abuse. 1540
(iv) "Skilled nursing facility" means an 1541
institution or a distinct part of an institution which is 1542
primarily engaged in providing to inpatients skilled nursing care 1543
and related services for patients who require medical or nursing 1544
care or rehabilitation services for the rehabilitation of injured, 1545
disabled or sick persons. 1546
(v) "End-stage renal disease (ESRD) facilities" 1547
means kidney disease treatment centers, which includes 1548
freestanding hemodialysis units and limited care facilities. The 1549
term "limited care facility" generally refers to an 1550
off-hospital-premises facility, regardless of whether it is 1551
provider or nonprovider operated, which is engaged primarily in 1552
furnishing maintenance hemodialysis services to stabilized 1553
patients. 1554
(vi) "Intermediate care facility" means an 1555
institution which provides, on a regular basis, health-related 1556
care and services to individuals who do not require the degree of 1557
care and treatment which a hospital or skilled nursing facility is 1558
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designed to provide, but who, because of their mental or physical 1559
condition, require health-related care and services (above the 1560
level of room and board). 1561
(vii) "Ambulatory surgical facility" means a 1562
facility primarily organized or established for the purpose of 1563
performing surgery for outpatients and is a separate identifiable 1564
legal entity from any other health care facility. Such term does 1565
not include the offices of private physicians or dentists, whether 1566
for individual or group practice, and does not include any 1567
abortion facility as defined in Section 41-75-1(f). 1568
(viii) "Intermediate care facility for individuals 1569
with intellectual disabilities" means an intermediate care 1570
facility that provides health or rehabilitative services in a 1571
planned program of activities to persons with an intellectual 1572
disability, also including, but not limited to, cerebral palsy and 1573
other conditions covered by the Federal Developmentally Disabled 1574
Assistance and Bill of Rights Act, Public Law 94-103. 1575
(ix) "Home health agency" means a public or 1576
privately owned agency or organization, or a subdivision of such 1577
an agency or organization, properly authorized to conduct business 1578
in Mississippi, which is primarily engaged in providing to 1579
individuals at the written direction of a licensed physician, in 1580
the individual's place of residence, skilled nursing services 1581
provided by or under the supervision of a registered nurse 1582
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licensed to practice in Mississippi, and one or more of the 1583
following services or items: 1584
1. Physical, occupational or speech therapy; 1585
2. Medical social services; 1586
3. Part-time or intermittent services of a 1587
home health aide; 1588
4. Other services as approved by the 1589
licensing agency for home health agencies; 1590
5. Medical supplies, other than drugs and 1591
biologicals, and the use of medical appliances; or 1592
6. Medical services provided by an intern or 1593
resident-in-training at a hospital under a teaching program of 1594
such hospital. 1595
Further, all skilled nursing services and those services 1596
listed in items 1 through 4 of this subparagraph (ix) must be 1597
provided directly by the licensed home health agency. For 1598
purposes of this subparagraph, "directly" means either through an 1599
agency employee or by an arrangement with another individual not 1600
defined as a health care facility. 1601
This subparagraph (ix) shall not apply to health care 1602
facilities which had contracts for the above services with a home 1603
health agency on January 1, 1990. 1604
(x) "Psychiatric residential treatment facility" 1605
means any nonhospital establishment with permanent licensed 1606
facilities which provides a twenty-four-hour program of care by 1607
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qualified therapists, including, but not limited to, duly licensed 1608
mental health professionals, psychiatrists, psychologists, 1609
psychotherapists and licensed certified social workers, for * * * 1610
children and adolescents with emotional disturbances who are 1611
referred to such facility by a court, local school district or by 1612
the Department of Human Services, who are not in an acute phase of 1613
illness requiring the services of a psychiatric hospital, and are 1614
in need of such restorative treatment services. For purposes of 1615
this subparagraph, the term " * * * emotional disturbance" means a 1616
condition exhibiting one or more of the following characteristics 1617
over a long period of time and to a marked degree, which adversely 1618
affects educational performance: 1619
1. An inability to learn which cannot be 1620
explained by intellectual, sensory or health factors; 1621
2. An inability to build or maintain 1622
satisfactory relationships with peers and teachers; 1623
3. Inappropriate types of behavior or 1624
feelings under normal circumstances; 1625
4. A general pervasive mood of unhappiness or 1626
depression; or 1627
5. A tendency to develop physical symptoms or 1628
fears associated with personal or school problems. An 1629
establishment furnishing primarily domiciliary care is not within 1630
this definition. 1631
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(xi) "Pediatric skilled nursing facility" means an 1632
institution or a distinct part of an institution that is primarily 1633
engaged in providing to inpatients skilled nursing care and 1634
related services for persons under twenty-one (21) years of age 1635
who require medical or nursing care or rehabilitation services for 1636
the rehabilitation of injured, disabled or sick persons. 1637
(xii) "Long-term care hospital" means a 1638
freestanding, Medicare-certified hospital that has an average 1639
length of inpatient stay greater than twenty-five (25) days, which 1640
is primarily engaged in providing chronic or long-term medical 1641
care to patients who do not require more than three (3) hours of 1642
rehabilitation or comprehensive rehabilitation per day, and has a 1643
transfer agreement with an acute care medical center and a 1644
comprehensive medical rehabilitation facility. Long-term care 1645
hospitals shall not use rehabilitation, comprehensive medical 1646
rehabilitation, medical rehabilitation, sub-acute rehabilitation, 1647
nursing home, skilled nursing facility or sub-acute care facility 1648
in association with its name. 1649
(xiii) "Comprehensive medical rehabilitation 1650
facility" means a hospital or hospital unit that is licensed 1651
and/or certified as a comprehensive medical rehabilitation 1652
facility which provides specialized programs that are accredited 1653
by the Commission on Accreditation of Rehabilitation Facilities 1654
and supervised by a physician board certified or board eligible in 1655
physiatry or other doctor of medicine or osteopathy with at least 1656
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two (2) years of training in the medical direction of a 1657
comprehensive rehabilitation program that: 1658
1. Includes evaluation and treatment of 1659
individuals with physical disabilities; 1660
2. Emphasizes education and training of 1661
individuals with disabilities; 1662
3. Incorporates at least the following core 1663
disciplines: 1664
a. Physical Therapy; 1665
b. Occupational Therapy; 1666
c. Speech and Language Therapy; 1667
d. Rehabilitation Nursing; and 1668
4. Incorporates at least three (3) of the 1669
following disciplines: 1670
a. Psychology; 1671
b. Audiology; 1672
c. Respiratory Therapy; 1673
d. Therapeutic Recreation; 1674
e. Orthotics; 1675
f. Prosthetics; 1676
g. Special Education; 1677
h. Vocational Rehabilitation; 1678
i. Psychotherapy; 1679
j. Social Work; 1680
k. Rehabilitation Engineering. 1681
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These specialized programs include, but are not limited to: 1682
spinal cord injury programs, head injury programs and infant and 1683
early childhood development programs. 1684
(i) "Health maintenance organization" or "HMO" means a 1685
public or private organization organized under the laws of this 1686
state or the federal government which: 1687
(i) Provides or otherwise makes available to 1688
enrolled participants health care services, including 1689
substantially the following basic health care services: usual 1690
physician services, hospitalization, laboratory, x-ray, emergency 1691
and preventive services, and out-of-area coverage; 1692
(ii) Is compensated (except for copayments) for 1693
the provision of the basic health care services listed in 1694
subparagraph (i) of this paragraph to enrolled participants on a 1695
predetermined basis; and 1696
(iii) Provides physician services primarily: 1697
1. Directly through physicians who are either 1698
employees or partners of such organization; or 1699
2. Through arrangements with individual 1700
physicians or one or more groups of physicians (organized on a 1701
group practice or individual practice basis). 1702
(j) "Health service area" means a geographic area of 1703
the state designated in the State Health Plan as the area to be 1704
used in planning for specified health facilities and services and 1705
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to be used when considering certificate of need applications to 1706
provide health facilities and services. 1707
(k) "Health services" means clinically related (i.e., 1708
diagnostic, treatment or rehabilitative) services and includes 1709
alcohol, drug abuse, mental health and home health care services. 1710
"Clinical health services" shall only include those activities 1711
which contemplate any change in the existing bed complement of any 1712
health care facility through the addition or conversion of any 1713
beds, under Section 41-7-191(1)(c) or propose to offer any health 1714
services if those services have not been provided on a regular 1715
basis by the proposed provider of such services within the period 1716
of twelve (12) months prior to the time such services would be 1717
offered, under Section 41-7-191(1)(d). "Nonclinical health 1718
services" shall be all other services which do not involve any 1719
change in the existing bed complement or offering health services 1720
as described above. 1721
(l) "Institutional health services" shall mean health 1722
services provided in or through health care facilities and shall 1723
include the entities in or through which such services are 1724
provided. 1725
(m) "Major medical equipment" means medical equipment 1726
designed for providing medical or any health-related service which 1727
costs in excess of One Million Five Hundred Thousand Dollars 1728
($1,500,000.00). However, this definition shall not be applicable 1729
to clinical laboratories if they are determined by the State 1730
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Department of Health to be independent of any physician's office, 1731
hospital or other health care facility or otherwise not so defined 1732
by federal or state law, or rules and regulations promulgated 1733
thereunder. 1734
(n) "State Department of Health" or "department" shall 1735
mean the state agency created under Section 41-3-15, which shall 1736
be considered to be the State Health Planning and Development 1737
Agency, as defined in paragraph (u) of this section. 1738
(o) "Offer," when used in connection with health 1739
services, means that it has been determined by the State 1740
Department of Health that the health care facility is capable of 1741
providing specified health services. 1742
(p) "Person" means an individual, a trust or estate, 1743
partnership, corporation (including associations, joint-stock 1744
companies and insurance companies), the state or a political 1745
subdivision or instrumentality of the state. 1746
(q) "Provider" shall mean any person who is a provider 1747
or representative of a provider of health care services requiring 1748
a certificate of need under Section 41-7-171 et seq., or who has 1749
any financial or indirect interest in any provider of services. 1750
(r) "Radiation therapy services" means the treatment of 1751
cancer and other diseases using ionizing radiation of either high 1752
energy photons (x-rays or gamma rays) or charged particles 1753
(electrons, protons or heavy nuclei). However, for purposes of a 1754
certificate of need, radiation therapy services shall not include 1755
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low energy, superficial, external beam x-ray treatment of 1756
superficial skin lesions. 1757
(s) "Secretary" means the Secretary of Health and Human 1758
Services, and any officer or employee of the Department of Health 1759
and Human Services to whom the authority involved has been 1760
delegated. 1761
(t) "State Health Plan" means the sole and official 1762
statewide health plan for Mississippi which identifies priority 1763
state health needs and establishes standards and criteria for 1764
health-related activities which require certificate of need review 1765
in compliance with Section 41-7-191. 1766
(u) "State Health Planning and Development Agency" 1767
means the agency of state government designated to perform health 1768
planning and resource development programs for the State of 1769
Mississippi. 1770
SECTION 19. Section 41-11-102, Mississippi Code of 1972, is 1771
amended as follows: 1772
41-11-102. The administration, supervision, duties and all 1773
aspects of the Children's Rehabilitation Center shall be 1774
transferred to the University of Mississippi Medical Center in a 1775
division to be called Division of Children's Rehabilitation. It 1776
is the intent that there shall be cooperation between the center, 1777
the Blake Center and the Department of Health, Children's 1778
Services. 1779
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The University of Mississippi Medical Center is authorized 1780
and empowered to minister to the educational, medical and total 1781
needs of those affected by cerebral palsy and other * * * 1782
disabling conditions which are amenable to such treatment. The 1783
center shall be used to the greatest extent possible for such 1784
treatment. 1785
SECTION 20. Section 41-11-105, Mississippi Code of 1972, is 1786
amended as follows: 1787
41-11-105. The * * * Department of Finance and 1788
Administration is * * * authorized and empowered to erect, 1789
construct, and equip the Mississippi Children's Rehabilitation 1790
Center, which shall have as its purpose the treatment and 1791
education of persons afflicted with cerebral palsy and other * * * 1792
disabling conditions which are amenable to such treatment. The 1793
cost of constructing, erecting, and equipping such hospital may be 1794
paid from such funds as may be appropriated, or may heretofore 1795
have been appropriated, for such purpose by the Legislature; and 1796
funds which are available to the * * * Department of Finance and 1797
Administration or which have been set aside and earmarked for the 1798
construction, erection, and equipping of the "Crippled Children's 1799
Hospital" under the provisions of Chapter 291, Laws of 1954, or 1800
the "Mississippi Hospital School for Cerebral Palsy," under the 1801
provisions of Chapter 308, Laws of 1956, are * * * designated and 1802
shall be applied to the constructing, erecting and equipping of 1803
the Mississippi Children's Rehabilitation Center. 1804
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SECTION 21. Section 41-11-109, Mississippi Code of 1972, is 1805
amended as follows: 1806
41-11-109. When the Mississippi Children's Rehabilitation 1807
Center has been completed and made ready for occupancy, the 1808
buildings and land on which they are located, together with any 1809
and all equipment therefor, shall be conveyed and transferred by 1810
the * * * Department of Finance and Administration to the 1811
University of Mississippi Medical Center for the use and benefit 1812
of the State of Mississippi in accordance with the provisions of 1813
Sections 41-11-101 through 41-11-113. Title to all land, 1814
buildings and equipment held by the board of trustees of the 1815
Mississippi Hospital School for Cerebral Palsy shall be conveyed 1816
to the University of Mississippi Medical Center for the use and 1817
benefit of the state in accordance with the provisions of such 1818
sections. 1819
The University of Mississippi Medical Center may contract for 1820
and obtain the services of the State Board of Education for the 1821
purpose of conducting educational programs for children in the 1822
Mississippi Children's Rehabilitation Center, and all institutions 1823
and agencies of the state government are requested and directed to 1824
participate and cooperate to the fullest extent authorized by law 1825
in rendering assistance towards the rehabilitation and restoration 1826
of such cerebral palsy patients and patients with other * * * 1827
disabling conditions which are amenable to such treatment. 1828
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No member of the family of any member of the board of 1829
trustees shall be eligible for treatment in the center. * * * 1830
Children with physical disabilities shall be admitted to the 1831
center insofar as practicable in proportion to the number of such 1832
children in the counties of the State of Mississippi, so that all 1833
such * * * children with physical disabilities shall have equal 1834
opportunity for admission to the center. 1835
SECTION 22. Section 41-11-111, Mississippi Code of 1972, is 1836
amended as follows: 1837
41-11-111. The University of Mississippi Medical Center is 1838
authorized to accept any and all grants, donations or matching 1839
funds from private, public or federal sources in order to add to, 1840
improve and enlarge the physical facilities and equipment of the 1841
Mississippi Children's Rehabilitation Center. The State 1842
Department of Health and the * * * Disabled Children's Service 1843
are * * * specifically authorized and empowered to provide 1844
crutches, braces and any and all other mechanical devices 1845
available and designed for the assistance of those persons 1846
afflicted with cerebral palsy and other * * * disabling conditions 1847
which are amenable to such treatment. 1848
SECTION 23. Section 41-11-113, Mississippi Code of 1972, is 1849
amended as follows: 1850
41-11-113. It is the intent of Sections 41-11-101 through 1851
41-11-113 to change the name of the "Mississippi Crippled 1852
Children's Treatment and Training Center" to the Mississippi 1853
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Children's Rehabilitation Center and to place it under the 1854
supervision and control of the University of Mississippi Medical 1855
Center. Sections 41-11-100 through 41-11-113 should be construed 1856
liberally in order to accomplish the broad objectives in aiding 1857
persons afflicted with cerebral palsy and other * * * disabling 1858
conditions which are amenable to such treatment, in any and every 1859
manner possible by the use of new techniques as they are developed 1860
and become known, and by use of the combination of education and 1861
medical services for the rehabilitation of such persons. 1862
SECTION 24. Section 41-13-35, Mississippi Code of 1972, is 1863
amended as follows: 1864
41-13-35. (1) The board of trustees of any community 1865
hospital shall have full authority to appoint an administrator, 1866
who shall not be a member of the board of trustees, and to 1867
delegate reasonable authority to such administrator for the 1868
operation and maintenance of such hospital and all property and 1869
facilities otherwise appertaining thereto. 1870
(2) The board of trustees shall have full authority to 1871
select from its members, officers and committees and, by 1872
resolution or through the board bylaws, to delegate to such 1873
officers and committees reasonable authority to carry out and 1874
enforce the powers and duties of the board of trustees during the 1875
interim periods between regular meetings of the board of 1876
trustees; * * * however, * * * any such action taken by an officer 1877
or committee shall be subject to review by the board, and actions 1878
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may be withdrawn or nullified at the next subsequent meeting of 1879
the board of trustees if the action is in excess of delegated 1880
authority. 1881
(3) The board of trustees shall be responsible for governing 1882
the community hospital under its control and shall make and 1883
enforce staff and hospital bylaws and/or rules and regulations 1884
necessary for the administration, government, maintenance and/or 1885
expansion of such hospitals. The board of trustees shall keep 1886
minutes of its official business and shall comply with Section 1887
41-9-68. 1888
(4) The decisions of the board of trustees of the community 1889
hospital shall be valid and binding unless expressly prohibited by 1890
applicable statutory or constitutional provisions. 1891
(5) The powers and duties of the board of trustees shall 1892
specifically include, but not be limited to, the following: 1893
(a) To deposit and invest funds of the community 1894
hospital in accordance with Section 27-105-365; 1895
(b) To establish such equitable wage and salary 1896
programs and other employment benefits as may be deemed expedient 1897
or proper, and in so doing, to expend reasonable funds for such 1898
employee salary and benefits. Allowable employee programs shall 1899
specifically include, but not be limited to, medical benefit, 1900
life, accidental death and dismemberment, disability, retirement 1901
and other employee coverage plans. The hospital may offer and 1902
fund such programs directly or by contract with any third party 1903
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and shall be authorized to take all actions necessary to 1904
implement, administer and operate such plans, including payroll 1905
deductions for such plans; 1906
(c) To authorize employees to attend and to pay actual 1907
expenses incurred by employees while engaged in hospital business 1908
or in attending recognized educational or professional meetings; 1909
(d) To enter into loan or scholarship agreements with 1910
employees or students to provide educational assistance where such 1911
student or employee agrees to work for a stipulated period of time 1912
for the hospital; 1913
(e) To devise and implement employee incentive 1914
programs; 1915
(f) To recruit and financially assist physicians and 1916
other health care practitioners in establishing, or relocating 1917
practices within the service area of the community hospital 1918
including, without limitation, direct and indirect financial 1919
assistance, loan agreements, agreements guaranteeing minimum 1920
incomes for a stipulated period from opening of the practice and 1921
providing free office space or reduced rental rates for office 1922
space where such recruitment would directly benefit the community 1923
hospital and/or the health and welfare of the citizens of the 1924
service area; 1925
(g) To contract by way of lease, lease-purchase or 1926
otherwise, with any agency, department or other office of 1927
government or any individual, partnership, corporation, owner, 1928
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other board of trustees, or other health care facility, for the 1929
providing of property, equipment or services by or to the 1930
community hospital or other entity or regarding any facet of the 1931
construction, management, funding or operation of the community 1932
hospital or any division or department thereof, or any related 1933
activity, including, without limitation, shared management 1934
expertise or employee insurance and retirement programs, and to 1935
terminate those contracts when deemed in the best interests of the 1936
community hospital; 1937
(h) To file suit on behalf of the community hospital to 1938
enforce any right or claims accruing to the hospital and to defend 1939
and/or settle claims against the community hospital and/or its 1940
board of trustees; 1941
(i) To sell or otherwise dispose of any chattel 1942
property of the community hospital by any method deemed 1943
appropriate by the board where such disposition is consistent with 1944
the hospital purposes or where such property is deemed by the 1945
board to be surplus or otherwise unneeded; 1946
(j) To let contracts for the construction, remodeling, 1947
expansion or acquisition, by lease or purchase, of hospital or 1948
health care facilities, including real property, within the 1949
service area for community hospital purposes where such may be 1950
done with operational funds without encumbrancing the general 1951
funds of the county or municipality, provided that any contract 1952
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for the purchase or lease of real property must have the prior 1953
approval of the owner; 1954
(k) To borrow money and enter other financing 1955
arrangements for community hospital and related purposes and to 1956
grant security interests in hospital equipment and other hospital 1957
assets and to pledge a percentage of hospital revenues as security 1958
for such financings where needed; provided that the owner shall 1959
specify by resolution the maximum borrowing authority and maximum 1960
percent of revenue that may be pledged by the board of trustees 1961
during any given fiscal year; 1962
(l) To expend hospital funds for public relations or 1963
advertising programs; 1964
(m) To offer the following inpatient and outpatient 1965
services, after complying with applicable health planning, 1966
licensure statutes and regulations, whether or not heretofore 1967
offered by such hospital or other similar hospitals in this state 1968
and whether or not heretofore authorized to be offered, long-term 1969
care, extended care, home care, after-hours clinic services, 1970
ambulatory surgical clinic services, preventative health care 1971
services including wellness services, health education, 1972
rehabilitation and diagnostic and treatment services; to promote, 1973
develop, operate and maintain a center providing care or 1974
residential facilities for * * * persons who are aged, 1975
convalescent or * * * disabled; and to promote, develop and 1976
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institute any other services having an appropriate place in the 1977
operation of a hospital offering complete community health care; 1978
(n) To promote, develop, acquire, operate and maintain 1979
on a nonprofit basis, or on a profit basis if the community 1980
hospital's share of profits is used solely for community hospital 1981
and related purposes in accordance with this chapter, either 1982
separately or jointly with one or more other hospitals or 1983
health-related organizations, facilities and equipment for 1984
providing goods, services and programs for hospitals, other health 1985
care providers, and other persons or entities in need of such 1986
goods, services and programs and, in doing so, to provide for 1987
contracts of employment or contracts for services and ownership of 1988
property on terms that will protect the public interest; 1989
(o) To establish and operate medical offices, child 1990
care centers, wellness or fitness centers and other facilities and 1991
programs which the board determines are appropriate in the 1992
operation of a community hospital for the benefit of its 1993
employees, personnel and/or medical staff which shall be operated 1994
as an integral part of the hospital and which may, in the 1995
direction of the board of trustees, be offered to the general 1996
public. If such programs are not established in existing 1997
facilities or constructed on real estate previously acquired by 1998
the owners, the board of trustees shall also have authority to 1999
acquire, by lease or purchase, such facilities and real property 2000
within the service area, whether or not adjacent to existing 2001
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facilities, provided that any contract for the purchase of real 2002
property shall be ratified by the owner. The trustees shall lease 2003
any such medical offices to members of the medical staff at rates 2004
deemed appropriate and may, in its discretion, establish rates to 2005
be paid for the use of other facilities or programs by its 2006
employees or personnel or members of the public whom the trustees 2007
may determine may properly use such other facilities or programs; 2008
(p) Provide, at its discretion, ambulance service 2009
and/or to contract with any third party, public or private, for 2010
the providing of such service; 2011
(q) Establish a fair and equitable system for the 2012
billing of patients for care or users of services received through 2013
the community hospital, which in the exercise of the board of 2014
trustees' prudent fiscal discretion, may allow for rates to be 2015
classified according to the potential usage by an identified group 2016
or groups of patients of the community hospital's services and may 2017
allow for standard discounts where the discount is designed to 2018
reduce the operating costs or increase the revenues of the 2019
community hospital. Such billing system may also allow for the 2020
payment of charges by means of a credit card or similar device and 2021
allow for payment of administrative fees as may be regularly 2022
imposed by a banking institution or other credit service 2023
organization for the use of such cards; 2024
(r) To establish as an organizational part of the 2025
hospital or to aid in establishing as a separate entity from the 2026
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hospital, hospital auxiliaries designed to aid the hospital, its 2027
patients, and/or families and visitors of patients, and when the 2028
auxiliary is established as a separate entity from the hospital, 2029
the board of trustees may cooperate with the auxiliary in its 2030
operations as the board of trustees deems appropriate; 2031
(s) To make any agreements or contracts with the 2032
federal government or any agency thereof, the State of Mississippi 2033
or any agency thereof, and any county, city, town, supervisors 2034
district or election district within this state, jointly or 2035
separately, for the maintenance of charity facilities; 2036
(t) To acquire hospitals, health care facilities and 2037
other health care-related operations and assets, through direct 2038
purchase, merger, consolidation, lease or other means; 2039
(u) To enter into joint ventures, joint-operating 2040
agreements or similar arrangements with other public or private 2041
health care-related organizations, or with for-profit or nonprofit 2042
corporations, for-profit or nonprofit limited liability companies 2043
or other similar organizations, either directly or through a 2044
nonprofit corporation formed or owned by the community hospital, 2045
for the joint operation of all or part of the community hospital, 2046
or the joint operation of any health care facilities or health 2047
care services, and in doing so, to convey the community hospital's 2048
assets, service lines or facilities to the joint venture or to any 2049
other organization or entity for fair market value, and to provide 2050
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for contracts of employment or contracts for services and 2051
ownership of property that will protect the public interest; 2052
(v) To form, establish, fund and operate nonprofit 2053
corporations, nonprofit limited liability companies, 2054
state-sponsored entities or other similar organizations, either 2055
directly or through a nonprofit corporation formed by the 2056
community hospital, which are jointly owned with other public or 2057
private hospitals, for-profit or nonprofit corporations, or other 2058
health care-related organizations, for the purpose of conducting 2059
activities within or outside of the community hospital's service 2060
area for the benefit of the community hospital, including, but not 2061
limited to, joint hospital acquisitions, group purchasing, 2062
clinically integrated networks, payor contracting, and joint 2063
requests for federal and state grants and funding; 2064
(w) To make capital contributions, loans, debt or 2065
equity financing to or for any joint venture or similar 2066
arrangement in which the community hospital, or any nonprofit 2067
corporation formed, leased or owned by the community hospital, has 2068
or acquires an ownership interest, and to guarantee loans and any 2069
other obligations for such purposes; 2070
(x) To establish arrangements for the community 2071
hospital to participate in financial integration and/or clinical 2072
integration or clinically integrated networks with a joint 2073
venture, with other public or private or nonprofit health-related 2074
organizations, or through a joint-operating agreement; 2075
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(y) To have an ownership interest in, make capital 2076
contributions to, and assume financial risk under, accountable 2077
care organizations or similar organizations; 2078
(z) To enter into any contract for a term of any 2079
length, regardless of whether the length or term of the contract 2080
exceeds the term of the board of trustees of the community 2081
hospital; 2082
(aa) To elect some, any or all of the members of the 2083
board of directors of any nonprofit corporation of which the 2084
community hospital is a member; 2085
(bb) To create, establish, acquire, operate or support 2086
subsidiaries and affiliates, either for-profit or nonprofit or 2087
other similar entity, to assist the community hospital in 2088
fulfilling its purposes; 2089
(cc) To create, establish or support nonaffiliated 2090
for-profit or nonprofit corporations or other similar lawful 2091
business organizations that operate and have as their purposes the 2092
furtherance of the community hospital's purposes; 2093
(dd) Without limiting the generality of any provisions 2094
of this section, to accomplish and facilitate the creation, 2095
establishment, acquisition, operation or support of any such 2096
subsidiary, affiliate, nonaffiliated corporation or other lawful 2097
business organization, by means of loans of funds, acquisition or 2098
transfer of assets, leases of real or personal property, gifts and 2099
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grants of funds or guarantees of indebtedness of such 2100
subsidiaries, affiliates and nonaffiliated corporations; 2101
(ee) To exercise all powers granted under this section 2102
in such a manner as the community hospital, through its board of 2103
trustees, may determine to be consistent with the purposes of this 2104
chapter, including the state action immunity provided by this 2105
section from state and federal antitrust laws to the fullest 2106
extent possible, notwithstanding that as a consequence of such 2107
exercise of such powers it engages in activities that may be 2108
deemed "anticompetitive" or which displace competition within the 2109
meaning or contemplation of the antitrust laws of this state or of 2110
the United States; and 2111
(ff) The board of trustees shall not sell, purchase, 2112
convey, lease, or enter into agreements that have the effect of 2113
selling, purchasing, conveying, or leasing any real property or 2114
enter into management agreements, merger agreements, joint 2115
ventures, joint-operating agreements or similar arrangements that 2116
transfer control of any real property or the operations of a 2117
community hospital described in this subsection without the prior 2118
approval of the owners of the real property. 2119
(6) No board of trustees of any community hospital may 2120
accept any grant of money or other thing of value from any 2121
not-for-profit or for-profit organization established for the 2122
purpose of supporting health care in the area served by the 2123
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facility unless two-thirds (2/3) of the trustees vote to accept 2124
the grant. 2125
(7) No board of trustees, individual trustee or any other 2126
person who is an agent or servant of the trustees of any community 2127
hospital shall have any personal financial interest in any 2128
not-for-profit or for-profit organization which, regardless of its 2129
stated purpose of incorporation, provides assistance in the form 2130
of grants of money or property to community hospitals or provides 2131
services to community hospitals in the form of performance of 2132
functions normally associated with the operations of a hospital. 2133
(8) The Legislature finds and declares as follows: 2134
(a) The needs of the residents of Mississippi can best 2135
be served by community hospitals having the legal, financial and 2136
operational flexibility to take full advantage of opportunities 2137
and challenges presented by the evolving health care environment 2138
and to take whatever actions are necessary to enable the community 2139
hospitals' continuation as health care systems that provide the 2140
finest possible quality of care consistent with reasonable costs. 2141
(b) In this environment, the community hospitals must 2142
have the ability to respond to changing conditions by having the 2143
power to develop efficient and cost-effective methods and 2144
structures to provide for health care needs, while maintaining a 2145
public mission and character. In addition, community hospitals in 2146
Mississippi are political subdivisions of the state. Accordingly, 2147
the Legislature finds that there is a compelling interest in 2148
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establishing a structure and process for a community hospital to 2149
adapt to this dynamic environment, to operate efficiently, to 2150
offer competitive health care services, to respond more 2151
effectively to new developments and regulatory changes in the 2152
health care area, and to continue to serve and promote the health, 2153
wellness and welfare of the citizens of Mississippi. The 2154
acquisition, operation and financing of hospitals and other health 2155
care facilities by the community hospitals are declared to be for 2156
a public and governmental purpose and a matter of public 2157
necessity. 2158
(c) The geographic areas served by community hospitals 2159
include rural populations and other groups that experience 2160
significant health disparities. Health disparities are 2161
differences in health status when compared to the population 2162
overall, often characterized by indicators such as higher 2163
incidence of disease and/or disability, increased mortality rates, 2164
and lower life expectancies. Rural risk factors for health 2165
disparities include geographic isolation, lower socioeconomic 2166
status, higher rates of health risk behaviors and limited access 2167
to health care specialists and subspecialists. As a result of 2168
these health disparities, the residents of areas served by 2169
community hospitals have high rates of mortality and morbidity, 2170
heart disease, cancer, diabetes and other illnesses. The areas 2171
also include a high percentage of uninsured individuals and 2172
Medicaid patients, which are medically underserved groups. 2173
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Community hospitals have demonstrated their ability to provide 2174
high-quality health care and to improve health conditions and 2175
outcomes as well as access to care. This section will 2176
significantly strengthen the ability of community hospitals to 2177
serve the health care needs of the residents of their service 2178
areas. 2179
(d) The community hospitals' investment of significant 2180
public assets and their efforts to provide high quality health 2181
care services to medically underserved populations are jeopardized 2182
by potential limits on the ability of community hospitals to 2183
collaborate and consolidate with other public, private, for-profit 2184
and nonprofit health care facilities and providers. The 2185
Legislature expressly finds that the benefits of collaboration and 2186
consolidation by the community hospitals outweigh any adverse 2187
impact on competition. The benefits of the community hospitals' 2188
efforts to collaborate and consolidate include, but are not 2189
limited to, preserving and expanding needed health care services 2190
in its service area; consolidating unneeded or duplicative health 2191
care services; enhancing the quality of, and expanding access to, 2192
health care delivered to medically underserved and rural 2193
populations; and lowering costs and improving the efficiency of 2194
the health care services it delivers. Based on the findings 2195
contained in this section, the Legislature affirmatively expresses 2196
a policy to allow community hospitals to consolidate with other 2197
public, private, for-profit or nonprofit hospitals, health care 2198
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facilities and providers and to engage in collaborative activities 2199
consistent with their health care purposes, notwithstanding that 2200
those consolidations and collaborations may have the effect of 2201
displacing competition in the provision of hospital or other 2202
health care-related services. In engaging in such consolidations 2203
and collaborations with other public, private, for-profit or 2204
nonprofit hospitals, health care facilities and providers, the 2205
community hospital shall be considered to be acting pursuant to 2206
clearly articulated state policy as established in this section 2207
and shall not be subject to federal or state antitrust laws while 2208
so acting. With respect to the consolidations, collaborative 2209
activities and other activities contemplated in this section, the 2210
community hospital and the public, private, for-profit or 2211
nonprofit entities with which it consolidates, collaborates, or 2212
enters into any of the transactions set forth in this section, 2213
shall be immune from liability under the federal and state 2214
antitrust laws and those activities are provided with state action 2215
immunity from federal and state antitrust laws to the fullest 2216
extent possible. 2217
SECTION 25. Section 41-19-33, Mississippi Code of 1972, is 2218
amended as follows: 2219
41-19-33. (1) Each region so designated or established 2220
under Section 41-19-31 shall establish a regional commission to be 2221
composed of members appointed by the boards of supervisors of the 2222
various counties in the region. Each regional commission shall 2223
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employ or contract with an accountant for the purpose of managing 2224
the finances of the commission. The accountant shall provide an 2225
annual audit to the commission in addition to his or her other 2226
duties. It shall be the duty of such regional commission to 2227
administer mental health/intellectual disability programs 2228
certified and required by the State Board of Mental Health and as 2229
specified in Section 41-4-1(2). In addition, once designated and 2230
established as provided hereinabove, a regional commission shall 2231
have the following authority and shall pursue and promote the 2232
following general purposes: 2233
(a) To establish, own, lease, acquire, construct, 2234
build, operate and maintain mental illness, mental health, 2235
intellectual disability, alcoholism and general rehabilitative 2236
facilities and services designed to serve the needs of the people 2237
of the region so designated, provided that the services supplied 2238
by the regional commissions shall include those services 2239
determined by the Department of Mental Health to be necessary and 2240
may include, in addition to the above, services for persons with 2241
developmental and learning disabilities; for persons suffering 2242
from narcotic addiction and problems of drug abuse and drug 2243
dependence; and for the aging as designated and certified by the 2244
Department of Mental Health. Such regional mental health and 2245
intellectual disability commissions and other community service 2246
providers shall, on or before July 1 of each year, submit an 2247
annual operational plan to the Department of Mental Health for 2248
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approval or disapproval based on the minimum standards and minimum 2249
required services established by the department for certification 2250
and itemize the services as specified in Section 41-4-1(2), 2251
including financial statements. As part of the annual operation 2252
plan required by Section 41-4-7(h) submitted by any regional 2253
community mental health center or by any other reasonable 2254
certification deemed acceptable by the department, the community 2255
mental health center shall state those services specified in 2256
Section 41-4-1(2) that it will provide and also those services 2257
that it will not provide. If the department finds deficiencies in 2258
the plan of any regional commission or community service provider 2259
based on the minimum standards and minimum required services 2260
established for certification, the department shall give the 2261
regional commission or community service provider a six-month 2262
probationary period to bring its standards and services up to the 2263
established minimum standards and minimum required services. The 2264
regional commission or community service provider shall develop a 2265
sustainability business plan within thirty (30) days of being 2266
placed on probation, which shall be signed by all commissioners 2267
and shall include policies to address one or more of the 2268
following: the deficiencies in programmatic services, clinical 2269
service staff expectations, timely and appropriate billing, 2270
processes to obtain credentialing for staff, monthly reporting 2271
processes, third-party financial reporting and any other required 2272
documentation as determined by the department. After the 2273
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six-month probationary period, if the department determines that 2274
the regional commission or community service provider still does 2275
not meet the minimum standards and minimum required services 2276
established for certification, the department may remove the 2277
certification of the commission or provider, and from and after 2278
July 1, 2011, the commission or provider shall be ineligible for 2279
state funds from Medicaid reimbursement or other funding sources 2280
for those services. After the six-month probationary period, the 2281
Department of Mental Health may identify an appropriate community 2282
service provider to provide any core services in that county that 2283
are not provided by a community mental health center. However, 2284
the department shall not offer reimbursement or other 2285
accommodations to a community service provider of core services 2286
that were not offered to the decertified community mental health 2287
center for the same or similar services. 2288
(b) To provide facilities and services for the 2289
prevention of mental illness, mental disorders, developmental and 2290
learning disabilities, alcoholism, narcotic addiction, drug abuse, 2291
drug dependence and other related * * * disabilities or problems 2292
(including the problems of the aging) among the people of the 2293
region so designated, and for the rehabilitation of persons 2294
suffering from such illnesses, disorders, * * * disabilities or 2295
problems as designated and certified by the Department of Mental 2296
Health. 2297
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(c) To promote increased understanding of the problems 2298
of mental illness, intellectual disabilities, alcoholism, 2299
developmental and learning disabilities, narcotic addiction, drug 2300
abuse and drug dependence and other related disabilities or 2301
problems (including the problems of the aging) by the people of 2302
the region, and also to promote increased understanding of the 2303
purposes and methods of the rehabilitation of persons suffering 2304
from such illnesses, disorders, * * * disabilities or problems as 2305
designated and certified by the Department of Mental Health. 2306
(d) To enter into contracts and to make such other 2307
arrangements as may be necessary, from time to time, with the 2308
United States government, the government of the State of 2309
Mississippi and such other agencies or governmental bodies as may 2310
be approved by and acceptable to the regional commission for the 2311
purpose of establishing, funding, constructing, operating and 2312
maintaining facilities and services for the care, treatment and 2313
rehabilitation of persons suffering from mental illness, an 2314
intellectual disability, alcoholism, developmental and learning 2315
disabilities, narcotic addiction, drug abuse, drug dependence and 2316
other illnesses, disorders, * * * disabilities and problems 2317
(including the problems of the aging) as designated and certified 2318
by the Department of Mental Health. 2319
(e) To enter into contracts and make such other 2320
arrangements as may be necessary with any and all private 2321
businesses, corporations, partnerships, proprietorships or other 2322
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private agencies, whether organized for profit or otherwise, as 2323
may be approved by and acceptable to the regional commission for 2324
the purpose of establishing, funding, constructing, operating and 2325
maintaining facilities and services for the care, treatment and 2326
rehabilitation of persons suffering from mental illness, an 2327
intellectual disability, alcoholism, developmental and learning 2328
disabilities, narcotic addiction, drug abuse, drug dependence and 2329
other illnesses, disorders, * * * disabilities and problems 2330
(including the problems of the aging) relating to minimum services 2331
established by the Department of Mental Health. 2332
(f) To promote the general mental health of the people 2333
of the region. 2334
(g) To pay the administrative costs of the operation of 2335
the regional commissions, including per diem for the members of 2336
the commission and its employees, attorney's fees, if and when 2337
such are required in the opinion of the commission, and such other 2338
expenses of the commission as may be necessary. The Department of 2339
Mental Health standards and audit rules shall determine what 2340
administrative cost figures shall consist of for the purposes of 2341
this paragraph. Each regional commission shall submit a cost 2342
report annually to the Department of Mental Health in accordance 2343
with guidelines promulgated by the department. 2344
(h) To employ and compensate any personnel that may be 2345
necessary to effectively carry out the programs and services 2346
established under the provisions of the aforesaid act, provided 2347
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such person meets the standards established by the Department of 2348
Mental Health. 2349
(i) To acquire whatever hazard, casualty or workers' 2350
compensation insurance that may be necessary for any property, 2351
real or personal, owned, leased or rented by the commissions, or 2352
any employees or personnel hired by the commissions. 2353
(j) To acquire professional liability insurance on all 2354
employees as may be deemed necessary and proper by the commission, 2355
and to pay, out of the funds of the commission, all premiums due 2356
and payable on account thereof. 2357
(k) To provide and finance within their own facilities, 2358
or through agreements or contracts with other local, state or 2359
federal agencies or institutions, nonprofit corporations, or 2360
political subdivisions or representatives thereof, programs and 2361
services for persons with mental illness, including treatment for 2362
alcoholics, and promulgating and administering of programs to 2363
combat drug abuse and programs for services for persons with an 2364
intellectual disability. 2365
(l) To borrow money from private lending institutions 2366
in order to promote any of the foregoing purposes. A commission 2367
may pledge collateral, including real estate, to secure the 2368
repayment of money borrowed under the authority of this paragraph. 2369
Any such borrowing undertaken by a commission shall be on terms 2370
and conditions that are prudent in the sound judgment of the 2371
members of the commission, and the interest on any such loan shall 2372
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not exceed the amount specified in Section 75-17-105. Any money 2373
borrowed, debts incurred or other obligations undertaken by a 2374
commission, regardless of whether borrowed, incurred or undertaken 2375
before or after March 15, 1995, shall be valid, binding and 2376
enforceable if it or they are borrowed, incurred or undertaken for 2377
any purpose specified in this section and otherwise conform to the 2378
requirements of this paragraph. 2379
(m) To acquire, own and dispose of real and personal 2380
property. Any real and personal property paid for with state 2381
and/or county appropriated funds must have the written approval of 2382
the Department of Mental Health and/or the county board of 2383
supervisors, depending on the original source of funding, before 2384
being disposed of under this paragraph. 2385
(n) To enter into managed care contracts and make such 2386
other arrangements as may be deemed necessary or appropriate by 2387
the regional commission in order to participate in any managed 2388
care program. Any such contract or arrangement affecting more 2389
than one (1) region must have prior written approval of the 2390
Department of Mental Health before being initiated and annually 2391
thereafter. 2392
(o) To provide facilities and services on a discounted 2393
or capitated basis. Any such action when affecting more than one 2394
(1) region must have prior written approval of the Department of 2395
Mental Health before being initiated and annually thereafter. 2396
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(p) To enter into contracts, agreements or other 2397
arrangements with any person, payor, provider or other entity, 2398
under which the regional commission assumes financial risk for the 2399
provision or delivery of any services, when deemed to be necessary 2400
or appropriate by the regional commission. Any action under this 2401
paragraph affecting more than one (1) region must have prior 2402
written approval of the Department of Mental Health before being 2403
initiated and annually thereafter. 2404
(q) To provide direct or indirect funding, grants, 2405
financial support and assistance for any health maintenance 2406
organization, preferred provider organization or other managed 2407
care entity or contractor, where such organization, entity or 2408
contractor is operated on a nonprofit basis. Any action under 2409
this paragraph affecting more than one (1) region must have prior 2410
written approval of the Department of Mental Health before being 2411
initiated and annually thereafter. 2412
(r) To form, establish, operate, and/or be a member of 2413
or participant in, either individually or with one or more other 2414
regional commissions, any managed care entity as defined in 2415
Section 83-41-403(c). Any action under this paragraph affecting 2416
more than one (1) region must have prior written approval of the 2417
Department of Mental Health before being initiated and annually 2418
thereafter. 2419
(s) To meet at least annually with the board of 2420
supervisors of each county in its region for the purpose of 2421
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presenting its total annual budget and total mental 2422
health/intellectual disability services system. The commission 2423
shall submit an annual report on the adult mental health services, 2424
children mental health services and intellectual disability 2425
services required by the State Board of Mental Health. 2426
(t) To provide alternative living arrangements for 2427
persons with serious mental illness, including, but not limited 2428
to, group homes for persons with chronic mental illness. 2429
(u) To make purchases and enter into contracts for 2430
purchasing in compliance with the public purchasing law, Sections 2431
31-7-12 and 31-7-13, with compliance with the public purchasing 2432
law subject to audit by the State Department of Audit. 2433
(v) To ensure that all available funds are used for the 2434
benefit of persons with mental illness, persons with an 2435
intellectual disability, substance abusers and persons with 2436
developmental disabilities with maximum efficiency and minimum 2437
administrative cost. At any time a regional commission, and/or 2438
other related organization whatever it may be, accumulates surplus 2439
funds in excess of one-half (1/2) of its annual operating budget, 2440
the entity must submit a plan to the Department of Mental Health 2441
stating the capital improvements or other projects that require 2442
such surplus accumulation. If the required plan is not submitted 2443
within forty-five (45) days of the end of the applicable fiscal 2444
year, the Department of Mental Health shall withhold all state 2445
appropriated funds from such regional commission until such time 2446
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as the capital improvement plan is submitted. If the submitted 2447
capital improvement plan is not accepted by the department, the 2448
surplus funds shall be expended by the regional commission in the 2449
local mental health region on group homes for persons with mental 2450
illness, persons with an intellectual disability, substance 2451
abusers, children or other mental health/intellectual disability 2452
services approved by the Department of Mental Health. 2453
(w) Notwithstanding any other provision of law, to 2454
fingerprint and perform a criminal history record check on every 2455
employee or volunteer. Every employee or volunteer shall provide 2456
a valid current social security number and/or driver's license 2457
number that will be furnished to conduct the criminal history 2458
record check. If no disqualifying record is identified at the 2459
state level, fingerprints shall be forwarded to the Federal Bureau 2460
of Investigation for a national criminal history record check. 2461
(x) Notwithstanding any other provisions of law, each 2462
regional commission shall have the authority to create and operate 2463
a primary care health clinic to treat (i) its patients; and (ii) 2464
its patients' family members related within the third degree; and 2465
(iii) its patients' household members or caregivers, subject to 2466
the following requirements: 2467
(i) The regional commission may employ and 2468
compensate any personnel necessary and must satisfy applicable 2469
state and federal laws and regulations regarding the 2470
administration and operation of a primary care health clinic. 2471
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(ii) A Mississippi licensed physician must be 2472
employed or under agreement with the regional commission to 2473
provide medical direction and/or to carry out the physician 2474
responsibilities as described under applicable state and/or 2475
federal law and regulations. 2476
(iii) The physician providing medical direction 2477
for the primary care clinic shall not be certified solely in 2478
psychiatry. 2479
(iv) A sliding fee scale may be used by the 2480
regional commission when no other payer source is identified. 2481
(v) The regional commission must ensure services 2482
will be available and accessible promptly and in a manner that 2483
preserves human dignity and assures continuity of care. 2484
(vi) The regional commission must provide a 2485
semiannual report to the Chairmen of the Public Health Committees 2486
in both the House of Representatives and Senate. At a minimum, 2487
for each reporting period, these reports shall describe the number 2488
of patients provided primary care services, the types of services 2489
provided, and the payer source for the patients. Except for 2490
patient information and any other information that may be exempt 2491
from disclosure under the Health Information Portability and 2492
Accountability Act (HIPAA) and the Mississippi Public Records Act, 2493
the reports shall be considered public records. 2494
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(vii) The regional commission must employ or 2495
contract with a core clinical staff that is multidisciplinary and 2496
culturally and linguistically competent. 2497
(viii) The regional commission must ensure that 2498
its physician as described in subparagraph (ii) of this paragraph 2499
(x) has admitting privileges at one or more local hospitals or has 2500
an agreement with a physician who has admitting privileges at one 2501
or more local hospitals to ensure continuity of care. 2502
(ix) The regional commission must provide an 2503
independent financial audit report to the State Department of 2504
Mental Health and, except for patient information and any other 2505
information that may be exempt from disclosure under HIPAA and the 2506
Mississippi Public Records Act, the audit report shall be 2507
considered a public record. 2508
For the purposes of this paragraph (x), the term "caregiver" 2509
means an individual who has the principal and primary 2510
responsibility for caring for a child or dependent adult, 2511
especially in the home setting. 2512
(y) In general to take any action which will promote, 2513
either directly or indirectly, any and all of the foregoing 2514
purposes. 2515
(z) All regional commissioners shall receive new 2516
orientation training and annual training with continuing education 2517
regarding the Mississippi mental health system and services as 2518
developed by the State Department of Mental Health. Training 2519
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shall be provided at the expense of the department except for 2520
travel expenses which shall be paid by the regional commission. 2521
(aa) To establish a community mental health center to 2522
provide mental health services in its region. 2523
(2) The types of services established by the State 2524
Department of Mental Health that must be provided by the regional 2525
mental health/intellectual disability centers for certification by 2526
the department, and the minimum levels and standards for those 2527
services established by the department, shall be provided by the 2528
regional mental health/intellectual disability centers to children 2529
when such services are appropriate for children, in the 2530
determination of the department. 2531
(3) Each regional commission shall compile quarterly 2532
financial statements and status reports from each individual 2533
community health center. The compiled reports shall be submitted 2534
to the coordinator quarterly. The reports shall contain a: 2535
(a) Balance sheet; 2536
(b) Statement of operations; 2537
(c) Statement of cash flows; and 2538
(d) Description of the status of individual community 2539
health center's actions taken to increase access to and 2540
availability of community mental health services. 2541
(4) (a) The community mental health center shall submit a 2542
written quarterly report to the board of supervisors of each 2543
county in its region. The report shall be prepared on a standard 2544
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form developed and provided to the community mental health centers 2545
by the State Department of Mental Health. The report shall 2546
include the following information for the prior quarter: 2547
(i) The number of occupancy percentages reported 2548
by the crisis stabilization unit in the region; 2549
(ii) The number of individuals held in jail after 2550
the commitment process has been initiated and the number of 2551
individuals the community mental health center provided treatment 2552
to while they were in jail, as required by Section 41-21-67; 2553
(iii) The number of pre-affidavit screenings 2554
conducted; 2555
(iv) The number of individuals diverted to a 2556
lesser restrictive alternative from commitment; 2557
(v) The number of crisis stabilization unit 2558
denials and the reason for denial; 2559
(vi) Summary report of Medicaid claims, including 2560
denials; and 2561
(vii) Cash balance as of the date of the end of 2562
the quarter. 2563
(b) The community mental health center shall provide 2564
the Department of Mental Health, local sheriffs and chancery court 2565
judges with a copy of the community mental health center's report 2566
each quarter. 2567
(5) (a) In order to improve quality, access, and innovation 2568
in the provision of mental health and substance use services to 2569
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individuals treated at Community Mental Health Centers, regional 2570
commissions, as established in Section 41-19-33, are authorized to 2571
provide services through enhanced certification as a Certified 2572
Community Behavioral Health Clinic (CCBHC). CCBHCs shall provide 2573
comprehensive, holistic services, respond to local needs, 2574
incorporate evidence-based practices, and establish care 2575
coordination as a center for service delivery, including effective 2576
community partnerships with law enforcement, schools, hospitals, 2577
primary care providers, veterans' groups and other organizations 2578
to improve care, reduce recidivism, and address health 2579
disparities. 2580
(b) The Department of Mental Health and the Division of 2581
Medicaid are authorized and directed to submit an application to 2582
the federal Substance Abuse and Mental Health Services 2583
Administration (SAMHSA) to join the Certified Community Behavioral 2584
Health Clinic (CCBHC) Demonstration Grant at the next available 2585
application period. 2586
(c) The CCBHC system shall be consistent with the 2587
demonstration program established by Section 223 of the Protecting 2588
Access to Medicare Act (PAMA) of 2014 and other applicable federal 2589
laws governing the CCBHC model. The Department of Mental Health 2590
shall be the entity charged with certifying and monitoring 2591
compliance of CCBHC clinics, and the Division of Medicaid shall be 2592
responsible for establishing a prospective payment system (PPS) to 2593
fund the CCBHC program. 2594
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SECTION 26. Section 41-19-205, Mississippi Code of 1972, is 2595
amended as follows: 2596
41-19-205. A person may be deemed eligible for admission to 2597
the center if: 2598
(a) His parents or guardian or person in loco parentis 2599
has resided in the state not less than one (1) year prior to the 2600
date of admission; and 2601
(b) He is at least five (5) years of age and has such 2602
an intellectual disability that he is incapable of managing 2603
himself or his affairs, or he has an intellectual disability to 2604
the extent that special care, training and education provided at 2605
the center will enable him to better function in society; or 2606
(c) He is committed to the center by the chancery court 2607
in the manner hereinafter provided; or 2608
(d) He is under five (5) years of age and is approved 2609
for admission by the board of mental health, upon the 2610
recommendation of the director, because of having an 2611
exceptional * * * disability. 2612
SECTION 27. Section 41-19-237, Mississippi Code of 1972, is 2613
amended as follows: 2614
41-19-237. A person may be deemed eligible for admission to 2615
the center if: 2616
(a) His parents or guardian or person in loco parentis 2617
has resided in the state not less than one (1) year before the 2618
date of admission; and 2619
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(b) He is at least five (5) years of age and has such 2620
an intellectual disability that he is incapable of managing 2621
himself or his affairs, or he has an intellectual disability to 2622
the extent that special care, training and education provided at 2623
the center will enable him to better function in society; or 2624
(c) He is committed to the center by the chancery court 2625
in the manner hereinafter provided; or 2626
(d) He is under five (5) years of age and is approved 2627
for admission by the Board of Mental Health, upon the 2628
recommendation of the director, because of having an 2629
exceptional * * * disability. 2630
SECTION 28. Section 41-19-257, Mississippi Code of 1972, is 2631
amended as follows: 2632
41-19-257. Persons who have attained the age of eighteen 2633
(18) years, who have been determined to be a * * * person with 2634
mental illness as defined in Section 41-21-61 and who have been 2635
committed for treatment by the chancery court pursuant to Section 2636
41-21-61 et seq. shall be eligible for acute treatment at the 2637
facilities. 2638
SECTION 29. Section 41-19-261, Mississippi Code of 1972, is 2639
amended as follows: 2640
41-19-261. Any person who (a) under the provisions of 2641
Section 41-19-251 et seq. knowingly and unlawfully or improperly 2642
causes a person to be adjudged * * * to have a mental illness, (b) 2643
procures the escape of a legally committed patient or knowingly 2644
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conceals an escaped legally committed resident of the facility, or 2645
(c) unlawfully brings any firearm, deadly weapon or explosive into 2646
the facility or its grounds, or passes any thereof to patient, 2647
employee or officer of the facility, is guilty of a misdemeanor 2648
and, upon conviction, shall be punished by a fine of not less than 2649
Fifty Dollars ($50.00) nor more than Two Hundred Dollars 2650
($200.00), imprisonment for not less than six (6) months nor more 2651
than one (1) year, or both. 2652
SECTION 30. Section 41-19-291, Mississippi Code of 1972, is 2653
amended as follows: 2654
41-19-291. (1) The Specialized Treatment Facility for the 2655
Emotionally Disturbed, located in Harrison County, Mississippi, is 2656
recognized as now existing and shall be for the care and treatment 2657
of persons with mental illness. The facility shall have the power 2658
to receive and hold property, real, personal, and mixed, as a body 2659
corporate. The facility shall be under the direction and control 2660
of the State Board of Mental Health. 2661
(2) Admissions shall be limited to * * * adolescents with 2662
mental or emotional disturbances who have been committed to the 2663
facility by a youth court judge or chancellor as provided in 2664
Section 41-21-109, or who are voluntarily admitted to the 2665
facility. 2666
(3) With funds provided by the Legislature, by direct 2667
appropriation or authorized bond issue, with federal matching 2668
funds, or with any other available funds, the Bureau of Building, 2669
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Grounds and Real Property Management may construct and equip the 2670
necessary residential and service buildings and other facilities 2671
to care for the residents of the Specialized Treatment Facility 2672
for the Emotionally Disturbed. The general design of the facility 2673
and all construction plans shall be approved and recommended by 2674
the State Department of Mental Health. 2675
(4) The Specialized Treatment Facility for the Emotionally 2676
Disturbed shall be administered by the State Board of Mental 2677
Health. Provisions relating to the admission and care of 2678
residents at the facility shall be promulgated by the board. 2679
(5) The Specialized Treatment Facility for the Emotionally 2680
Disturbed is authorized to establish and operate a school to meet 2681
the educational needs of its patients. 2682
(6) Persons admitted to the Specialized Treatment Facility 2683
for the Emotionally Disturbed shall be assessed support and 2684
maintenance costs in accordance with the provisions of the state 2685
reimbursement laws as they apply to other state institutions. 2686
(7) Any person who (a) knowingly and unlawfully or 2687
improperly causes a person to be adjudged * * * to have a mental 2688
illness, (b) procures the escape of a legally committed patient or 2689
knowingly conceals an escaped legally committed patient of the 2690
facility or (c) unlawfully brings any firearm, deadly weapon or 2691
explosive into the facility or its grounds, or passes any thereof 2692
to a resident, employee or officer of the school, is guilty of a 2693
misdemeanor and, upon conviction, shall be punished by a fine of 2694
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not less than Fifty Dollars ($50.00), or more than Two Hundred 2695
Dollars ($200.00), imprisonment for not less than six (6) months, 2696
or both. 2697
(8) The Specialized Treatment Facility for the Emotionally 2698
Disturbed is designated as a state agency for carrying out the 2699
purposes of any act of the Congress of the United States, now 2700
existing or at any time hereafter enacted, pertaining to mental 2701
illness. 2702
(9) If no funding for the Specialized Treatment Facility for 2703
the Emotionally Disturbed is provided by state appropriation, the 2704
Department of Mental Health may lease the facility to carry out 2705
the purposes of the facility as provided in this section and 2706
Section 41-21-109. Before the facility may be leased, the 2707
department, in conjunction with the Bureau of Building, Grounds 2708
and Real Property Management of the Department of Finance and 2709
Administration, shall publicly issue requests for proposals, 2710
advertised in the same manner as provided in Section 31-7-13 for 2711
seeking competitive sealed bids. The requests for proposals shall 2712
contain terms and conditions relating to submission of proposals, 2713
evaluation and selection of proposals, financial terms, legal 2714
responsibilities, and any other matters as the department and 2715
bureau determine to be appropriate for inclusion. Upon receiving 2716
responses to the request for proposals, the department and bureau 2717
shall select the most qualified proposal or proposals on the basis 2718
of experience and qualifications of the proposers, the technical 2719
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approach, the financial arrangements, the best value and overall 2720
benefits to the state, and any other relevant factors determined 2721
to be appropriate, and from those proposals, shall negotiate and 2722
enter a contract or contracts for the lease of the facility with 2723
one or more of the persons or firms submitting proposals. 2724
However, if the department and bureau deem none of the proposals 2725
to be qualified or otherwise acceptable, the request for proposals 2726
process may be reinitiated. 2727
(10) If the Specialized Treatment Facility for the 2728
Emotionally Disturbed is leased under subsection (9) of this 2729
section, the lessee of the facility must give first priority in 2730
hiring employees for the facility to the current employees at the 2731
facility. This condition must be included as one (1) of the 2732
specifications in the request for proposals for leasing the 2733
facility. 2734
SECTION 31. Section 41-21-131, Mississippi Code of 1972, is 2735
amended as follows: 2736
41-21-131. As used in Sections 41-21-131 through 41-21-143, 2737
the following terms shall have the meanings as defined in this 2738
section: 2739
(a) "Crisis Intervention Team" means a community 2740
partnership among a law enforcement agency, a community mental 2741
health center, a hospital, other mental health providers, 2742
consumers and family members of consumers. 2743
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(b) "Participating partner" means a law enforcement 2744
agency, a community mental health center or a hospital that has 2745
each entered into collaborative agreements needed to implement a 2746
Crisis Intervention Team. 2747
(c) "Catchment area" means a geographical area in which 2748
a Crisis Intervention Team operates and is defined by the 2749
jurisdictional boundaries of the law enforcement agency that is 2750
the participating partner. 2751
(d) "Crisis Intervention Team officer" or "CIT officer" 2752
means a law enforcement officer who is authorized to make arrests 2753
under Section 99-3-1 and who is trained and certified in crisis 2754
intervention and who is working for a law enforcement agency that 2755
is a participating partner in a Crisis Intervention Team. 2756
(e) "Substantial likelihood of bodily harm" means that: 2757
(i) The person has threatened or attempted suicide 2758
or to inflict serious bodily harm to himself; or 2759
(ii) The person has threatened or attempted 2760
homicide or other violent behavior; or 2761
(iii) The person has placed others in reasonable 2762
fear of violent behavior and serious physical harm to them; or 2763
(iv) The person is unable to avoid severe 2764
impairment or injury from specific risks; and 2765
(v) There is substantial likelihood that serious 2766
harm will occur unless the person is placed under emergency 2767
treatment. 2768
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(f) "Single point of entry" means a specific hospital 2769
that is the participating partner in a Crisis Intervention Team 2770
and that has agreed to provide psychiatric emergency services and 2771
triage and referral services. 2772
(g) "Psychiatric emergency services" means services 2773
designed to reduce the acute psychiatric symptoms of a person 2774
who * * * has a mental illness or a person who has an impairment 2775
caused by drugs or alcohol and, when possible, to stabilize that 2776
person so that continuing treatment can be provided in the local 2777
community. 2778
(h) "Triage and referral services" means services 2779
designed to provide evaluation of a person with mental illness or 2780
a person who has an impairment caused by drugs or alcohol in order 2781
to direct that person to a mental health facility or other mental 2782
health provider that can provide appropriate treatment. 2783
(i) "Comprehensive psychiatric emergency service" means 2784
a specialized psychiatric service operated by the single point of 2785
entry and located in or near the hospital emergency department 2786
that can provide psychiatric emergency services for a period of 2787
time greater than can be provided in the hospital emergency 2788
department. 2789
(j) "Extended observation bed" means a hospital bed 2790
that is used by a comprehensive psychiatric emergency service and 2791
is licensed by the State Department of Health for that purpose. 2792
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(k) "Psychiatric nurse practitioner" means a registered 2793
nurse who has completed the educational requirements specified by 2794
the State Board of Nursing, has successfully passed either the 2795
adult or family psychiatric nurse practitioner examination and is 2796
licensed by the State Board of Nursing to work under the 2797
supervision of a physician at a single point of entry following 2798
protocols approved by the State Board of Nursing. 2799
(l) "Psychiatric physician assistant" means a physician 2800
assistant who has completed the educational requirements and 2801
passed the certification examination as specified in Section 2802
73-26-3, is licensed by the State Board of Medical Licensure, has 2803
had at least one (1) year of practice as a physician assistant 2804
employed by a community mental health center, and is working under 2805
the supervision of a physician at a single point of entry. 2806
SECTION 32. Section 41-21-139, Mississippi Code of 1972, is 2807
amended as follows: 2808
41-21-139. (1) If a CIT officer determines that a person is 2809
with substantial likelihood of bodily harm, that officer may take 2810
the person into custody for the purpose of transporting the person 2811
to the designated single point of entry serving the catchment area 2812
in which the officer works. The CIT officer shall certify in 2813
writing the reasons for taking the person into custody. 2814
(2) A CIT officer shall have no further legal responsibility 2815
or other obligations once a person taken into custody has been 2816
transported and received at the single point of entry. 2817
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(3) A CIT officer acting in good faith in connection with 2818
the detention of a person believed to be with substantial 2819
likelihood of bodily harm shall incur no liability, civil or 2820
criminal, for those acts. 2821
(4) Only CIT officers authorized to operate within a 2822
catchment area may bring persons in custody to the single point of 2823
entry for that catchment area. Law enforcement officers working 2824
outside the designated catchment area are not authorized to 2825
transport any person into the catchment area for the purpose of 2826
bringing that person to the single point of entry. 2827
(5) Any person transported by a CIT officer to the single 2828
point of entry or any person referred by the community mental 2829
health center following guidelines of the collaborative agreements 2830
shall be examined by a physician, psychiatric nurse practitioner 2831
or psychiatric physician assistant. If the person does not 2832
consent to voluntary evaluation and treatment, and the examiner 2833
determines that the person is a * * * person with mental illness, 2834
as defined in Section 41-21-61(e), the examiner shall then 2835
determine if that person can be held under the provisions of 2836
Section 41-21-67(5). All other provisions of Section 41-21-67(5) 2837
shall apply and be extended to include licensed psychiatric nurse 2838
practitioners and psychiatric physician assistants employed by the 2839
single point of entry, including protection from liability, as 2840
provided in this section, when acting in good faith. If the 2841
examiner determines that the person is with substantial likelihood 2842
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of bodily harm because of impairment caused by drugs or alcohol 2843
and determines that there is no reasonable, less-restrictive 2844
alternative, the person may be held at the single point of entry 2845
until the impairment has resolved and the person is no longer with 2846
substantial likelihood of bodily harm. Persons acting in good 2847
faith in connection with the detention of a person with impairment 2848
caused by drugs or alcohol shall incur no liability, civil or 2849
criminal, for those acts. 2850
SECTION 33. Section 41-31-15, Mississippi Code of 1972, is 2851
amended as follows: 2852
41-31-15. The provisions of the law with respect to the 2853
costs of commitment and the cost of support, including the 2854
prohibition in Section 41-21-65 regarding the charging of extra 2855
fees and expenses to persons initiating commitment proceedings, 2856
methods of determination of persons liable therefor, and methods 2857
of determination of financial ability, and all provisions of law 2858
enabling the state to secure reimbursement of any such items of 2859
cost, applicable to the commitment to and support of * * * 2860
persons with mental illness in state hospitals, shall apply with 2861
equal force in respect to each item of expense incurred by the 2862
state in connection with the commitment, care, custody, treatment, 2863
and rehabilitation of any person committed to the state hospitals 2864
and maintained in any institution or hospital operated by the 2865
State of Mississippi under the provisions of this chapter. 2866
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SECTION 34. Section 41-41-403, Mississippi Code of 1972, is 2867
amended as follows: 2868
41-41-403. Legislative findings and purpose. (1) The 2869
Legislature finds: 2870
(a) The United States Supreme Court has been "zealous 2871
in vindicating the rights of people even potentially subjected to 2872
race, sex, and disability discrimination." Box v. Planned 2873
Parenthood of Indiana and Kentucky, 139 S.Ct. 1780, 1792 (2019) 2874
(Thomas J., concurring) (citing Pena-Rodriguez v. Colorado, 580 2875
U.S. ___, ___ (2017) (slip op., at 15) (condemning "discrimination 2876
on the basis of race" as "'odious in all aspects'"); United States 2877
v. Virginia, 518 U.S. 515, 532 (1996) (denouncing any "law or 2878
official policy [that] denies to women, simply because they are 2879
women...equal opportunity to aspire, achieve, participate in and 2880
contribute to society based on their individual talents and 2881
capacities"); Tennessee v. Lane, 541 U.S. 509, 522 (2004) 2882
(condemning "irrational disability discrimination")). 2883
(b) The inherent right against discrimination on the 2884
basis of race, sex, or genetic abnormality is protected in federal 2885
and state laws. For example, the 1964 Civil Rights Act (42 U.S.C. 2886
2000e et seq.) and the laws of every state protect against 2887
discrimination on the basis of race or sex. The Rehabilitation 2888
Act of 1973 (29 U.S.C. 701), the Americans With Disabilities 2889
Amendments Act of 2010 (42 U.S.C. 12101, et seq.), and numerous 2890
state laws prohibit discrimination against individuals on the 2891
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basis of a real or perceived physical or mental impairment that 2892
substantially limits one or more major life activities. 2893
(c) Notwithstanding these protections, unborn human 2894
beings are often discriminated against and deprived of life. 2895
(d) As Supreme Court Justice Clarence Thomas has noted, 2896
"Each of the immutable characteristics protected by this law can 2897
be known relatively early in a pregnancy, and this law prevents 2898
them from becoming the sole criterion for deciding whether the 2899
child will live or die." Box v. Planned Parenthood of Indiana and 2900
Kentucky, 139 S.Ct. 1780, 1783 (2019) (Thomas, J., concurring). 2901
(e) "Abortion is an act rife with the potential for 2902
eugenic manipulation." Id. at 1787. 2903
(f) The State of Mississippi maintains a "compelling 2904
interest in preventing abortion from becoming a tool of modern-day 2905
eugenics." Id. 2906
(g) Sex-selection abortions are used to prevent the 2907
birth of a human being of the undesired sex. Its victims are 2908
overwhelming female. 2909
(h) Despite equality under the law being guaranteed to 2910
all women in the United States and most of the developed world, 2911
sex-selection abortions continue to occur in the United States. 2912
(i) Abortions predicated on the presence or presumed 2913
presence of genetic abnormalities continue to occur despite the 2914
increasingly favorable post-natal outcomes for human beings 2915
perceived as * * * having a disability. Pharmaceutical 2916
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treatments, gene therapies, and prosthetic advances have given 2917
human beings who formerly * * * had a disability much greater 2918
opportunities for survival and success than ever before. 2919
Importantly, surgical intervention now includes the availability 2920
of intrauterine surgery. 2921
(2) Therefore, it is the intent of the Mississippi 2922
Legislature, through Sections 41-41-401 through 41-41-419 and any 2923
regulations and policies promulgated hereunder, to prohibit the 2924
practice of nontherapeutic or elective abortion for the purpose of 2925
terminating the life of an unborn human being because of that 2926
human being's race, sex, or the presence or presumed presence of a 2927
genetic abnormality. 2928
SECTION 35. Section 41-79-5, Mississippi Code of 1972, is 2929
amended as follows: 2930
41-79-5. (1) There is * * * established within the State 2931
Department of Health a school nurse intervention program, 2932
available to all public school districts in the state. 2933
(2) * * * Each public school district shall * * * employ a 2934
school nurse, to be known as a Health Service Coordinator, 2935
pursuant to the school nurse intervention program prescribed under 2936
this section. The school nurse intervention program shall offer 2937
any of the following specific preventive services, and other 2938
additional services appropriate to each grade level and the age 2939
and maturity of the pupils: 2940
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(a) Reproductive health education and referral to 2941
prevent teen pregnancy and sexually transmitted diseases, which 2942
education shall include abstinence; 2943
(b) Child abuse and neglect identification; 2944
(c) Hearing and vision screening to detect problems 2945
which can lead to serious sensory losses and behavioral and 2946
academic problems; 2947
(d) Alcohol, tobacco and drug abuse education to reduce 2948
abuse of these substances; 2949
(e) Scoliosis screening to detect this condition so 2950
that costly and painful surgery and lifelong disability can be 2951
prevented; 2952
(f) Coordination of services for * * * children with 2953
physical disabilities to ensure that these children receive 2954
appropriate medical assistance and are able to remain in public 2955
school; 2956
(g) Nutrition education and counseling to prevent 2957
obesity and/or other eating disorders which may lead to 2958
life-threatening conditions, for example, hypertension; 2959
(h) Early detection and treatment of head lice to 2960
prevent the spread of the parasite and to reduce absenteeism; 2961
(i) Emergency treatment of injury and illness to 2962
include controlling bleeding, managing fractures, bruises or 2963
contusions and cardiopulmonary resuscitation (CPR); 2964
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(j) Applying appropriate theory as the basis for 2965
decision making in nursing practice; 2966
(k) Establishing and maintaining a comprehensive school 2967
health program; 2968
(l) Developing individualized health plans; 2969
(m) Assessing, planning, implementing and evaluating 2970
programs and other school health activities, in collaboration with 2971
other professionals; 2972
(n) Providing health education to assist students, 2973
families and groups to achieve optimal levels of wellness; 2974
(o) Participating in peer review and other means of 2975
evaluation to assure quality of nursing care provided for students 2976
and assuming responsibility for continuing education and 2977
professional development for self while contributing to the 2978
professional growth of others; 2979
(p) Participating with other key members of the 2980
community responsible for assessing, planning, implementing and 2981
evaluating school health services and community services that 2982
include the broad continuum or promotion of primary, secondary and 2983
tertiary prevention; and 2984
(q) Contributing to nursing and school health through 2985
innovations in theory and practice and participation in research. 2986
(3) Public school nurses shall be specifically prohibited 2987
from providing abortion counseling to any student or referring any 2988
student to abortion counseling or abortion clinics. Any violation 2989
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of this subsection shall disqualify the school district employing 2990
such public school nurse from receiving any state administered 2991
funds under this section. 2992
(4) [Repealed]. 2993
(5) Beginning with the 1997-1998 school year, to the extent 2994
that federal or state funds are available therefor and pursuant to 2995
appropriation therefor by the Legislature, in addition to the 2996
school nurse intervention program funds administered under 2997
subsection (4), the State Department of Health shall establish and 2998
implement a Prevention of Teen Pregnancy Pilot Program to be 2999
located in the public school districts with the highest numbers of 3000
teen pregnancies. The Teen Pregnancy Pilot Program shall provide 3001
the following education services directly through public school 3002
nurses in the pilot school districts: health education sessions 3003
in local schools, where contracted for or invited to provide, 3004
which target issues including reproductive health, teen pregnancy 3005
prevention and sexually transmitted diseases, including syphilis, 3006
HIV and AIDS. When these services are provided by a school nurse, 3007
training and counseling on abstinence shall be included. 3008
(6) In addition to the school nurse intervention program 3009
funds administered under subsection (4) and the Teen Pregnancy 3010
Pilot Program funds administered under subsection (5), to the 3011
extent that federal or state funds are available therefor and 3012
pursuant to appropriation therefor by the Legislature, the State 3013
Department of Health shall establish and implement an Abstinence 3014
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Education Pilot Program to provide abstinence education, 3015
mentoring, counseling and adult supervision to promote abstinence 3016
from sexual activity, with a focus on those groups which are most 3017
likely to bear children out of wedlock. Such abstinence education 3018
services shall be provided by the State Department of Health 3019
through its clinics, public health nurses, school nurses and 3020
through contracts with rural and community health centers in order 3021
to reach a larger number of targeted clients. For purposes of 3022
this subsection, the term "abstinence education" means an 3023
educational or motivational program which: 3024
(a) Has as its exclusive purpose, teaching the social, 3025
psychological and health gains to be realized by abstaining from 3026
sexual activity; 3027
(b) Teaches abstinence from sexual activity outside 3028
marriage as the expected standard for all school-age children; 3029
(c) Teaches that abstinence from sexual activity is the 3030
only certain way to avoid out-of-wedlock pregnancy, sexually 3031
transmitted diseases and other associated health problems; 3032
(d) Teaches that a mutually faithful monogamous 3033
relationship in context of marriage is the expected standard of 3034
human sexual activity; 3035
(e) Teaches that sexual activity outside of the context 3036
of marriage is likely to have harmful psychological and physical 3037
effects; 3038
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(f) Teaches that bearing children out of wedlock is 3039
likely to have harmful consequences for the child, the child's 3040
parents and society; 3041
(g) Teaches young people how to reject sexual advances 3042
and how alcohol and drug use increase vulnerability to sexual 3043
advances; and 3044
(h) Teaches the importance of attaining 3045
self-sufficiency before engaging in sexual activity. 3046
(7) Pursuant to appropriation therefor by the Legislature, 3047
in addition to funds allotted under the total funding formula 3048
provided in Sections 37-151-200 through 37-151-215, each school 3049
district shall be allotted an amount for the purpose of employing 3050
qualified public school nurses in such school district, which in 3051
no event shall be less than one (1) nurse per school district, for 3052
such purpose. In the event the Legislature provides less funds 3053
than the total state funds needed for the public school nurse 3054
allotment, those school districts with fewer nurses per the number 3055
of students in net enrollment shall be the first funded for such 3056
purpose, to the extent of funds available. 3057
(8) Prior to the 1998-1999 school year, nursing staff 3058
assigned to the program shall be employed through the local county 3059
health department and shall be subject to the supervision of the 3060
State Department of Health with input from local school officials. 3061
Local county health departments may contract with any 3062
comprehensive private primary health care facilities within their 3063
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county to employ and utilize additional nursing staff. Beginning 3064
with the 1998-1999 school year, nursing staff assigned to the 3065
program shall be employed by the local school district and shall 3066
be designated as "health service coordinators," and shall be 3067
required to possess a bachelor's degree in nursing as a minimum 3068
qualification. 3069
(9) Upon each student's enrollment, the parent or guardian 3070
shall be provided with information regarding the scope of the 3071
school nurse intervention program. The parent or guardian may 3072
provide the school administration with a written statement 3073
refusing all or any part of the nursing service. No child shall 3074
be required to undergo hearing and vision or scoliosis screening 3075
or any other physical examination or tests whose parent objects 3076
thereto on the grounds such screening, physical examination or 3077
tests are contrary to his sincerely held religious beliefs. 3078
(10) A consent form for reproductive health education shall 3079
be sent to the parent or guardian of each student upon his 3080
enrollment. If a response from the parent or guardian is not 3081
received within seven (7) days after the consent form is sent, the 3082
school shall send a letter to the student's home notifying the 3083
parent or guardian of the consent form. If the parent or guardian 3084
fails to respond to the letter within ten (10) days after it is 3085
sent, then the school principal shall be authorized to allow the 3086
student to receive reproductive health education. Reproductive 3087
health education shall include the teaching of total abstinence 3088
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from premarital sex and, wherever practicable, reproductive health 3089
education should be taught in classes divided according to gender. 3090
All materials used in the reproductive health education program 3091
shall be placed in a convenient and easily accessible location for 3092
parental inspection. School nurses shall not dispense birth 3093
control pills or contraceptive devices in the school. Dispensing 3094
of such shall be the responsibility of the State Department of 3095
Health on a referral basis only. 3096
(11) No provision of this section shall be construed as 3097
prohibiting local school districts from accepting financial 3098
assistance of any type from the State of Mississippi or any other 3099
governmental entity, or any contribution, donation, gift, decree 3100
or bequest from any source which may be utilized for the 3101
maintenance or implementation of a school nurse intervention 3102
program in a public school system of this state. 3103
SECTION 36. Section 43-6-1, Mississippi Code of 1972, is 3104
amended as follows: 3105
43-6-1. As used in this article, "blind," "totally blind," 3106
"visually * * * impaired," and "partially blind" mean having 3107
central visual acuity not to exceed 20/200 in the better eye, with 3108
corrected lenses as measured by the Snellen test, or having visual 3109
acuity greater than 20/200, but with a limitation in the field of 3110
vision such that the widest diameter of the visual field subtends 3111
an angle not greater than twenty (20) degrees. 3112
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As used in this article, "deaf person" means a person who 3113
cannot readily understand spoken language through hearing alone 3114
with or without a hearing aid, and who may also have a speech 3115
defect which renders his speech unintelligible to most people with 3116
normal hearing. 3117
SECTION 37. Section 43-6-3, Mississippi Code of 1972, is 3118
amended as follows: 3119
43-6-3. Blind persons, visually * * * impaired persons, deaf 3120
persons and * * * persons with other physical disabilities shall 3121
have the same right as the able-bodied to the full and free use of 3122
the streets, highways, sidewalks, walkways, public buildings, 3123
public facilities, and other public places. 3124
SECTION 38. Section 43-6-5, Mississippi Code of 1972, is 3125
amended as follows: 3126
43-6-5. Blind persons, visually * * * impaired persons, deaf 3127
persons and * * * persons with other physical disabilities shall 3128
be entitled to full and equal access, as are other members of the 3129
general public, to accommodations, advantages, facilities and 3130
privileges of all common carriers, airplanes, motor vehicles, 3131
railroad trains, motorbuses, streetcars, boats or any other public 3132
conveyances or modes of transportation, hotels, lodging places, 3133
places of public accommodation, amusement or resort, and other 3134
places to which the general public is invited, subject only to the 3135
conditions and limitations established by law, or state or federal 3136
regulation, and applicable alike to all persons. 3137
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SECTION 39. Section 43-6-13, Mississippi Code of 1972, is 3138
amended as follows: 3139
43-6-13. Each year the Governor shall publicly proclaim 3140
October 15 as White Cane Safety Day. He shall issue a 3141
proclamation in which: 3142
(a) Comments shall be made upon the significance of 3143
this article. 3144
(b) Citizens of the state are called upon to observe 3145
the provisions of this article and to take precautions necessary 3146
to the safety of * * * persons with disabilities. 3147
(c) Citizens of the state are reminded of the policies 3148
with respect to * * * persons with disabilities which are declared 3149
in this article and be urged to cooperate in giving effect to 3150
them. 3151
(d) Emphasis shall be made on the need of the citizenry 3152
to be aware of the presence of * * * persons with disabilities in 3153
the community and to keep safe and functional for * * * those 3154
persons the streets, highways, sidewalks, walkways, public 3155
buildings, public facilities, other public places, places of 3156
public accommodation, amusement and resort, and other places to 3157
which the public is invited, and to offer assistance to * * * 3158
persons with disabilities upon appropriate occasions. 3159
(e) It is the policy of this state to encourage and 3160
enable blind persons, visually * * * impaired persons, and * * * 3161
persons with other physical disabilities to participate fully in 3162
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the social and economic life of the state and to engage in 3163
remunerative employment. 3164
SECTION 40. Section 43-6-15, Mississippi Code of 1972, is 3165
amended as follows: 3166
43-6-15. No person shall be refused employment in state 3167
services, the service of political subdivisions of the state, in 3168
public schools, or any other employment supported, in whole or in 3169
part, by public funds, by reason of his being blind, 3170
visually * * * impaired, deaf, or otherwise physically * * * 3171
disabled, unless such disability * * * materially affects the 3172
performance of the work required by the job for which such person 3173
applies. 3174
SECTION 41. Section 43-6-113, Mississippi Code of 1972, is 3175
amended as follows: 3176
43-6-113. (1) An appropriate number of toilet rooms shall 3177
be accessible to, and usable by, * * * persons with physical 3178
disabilities and shall have space to allow traffic of individuals 3179
in wheelchairs. 3180
(2) Toilet rooms for each sex shall have at least one (1) 3181
toilet stall that: (a) is three * * * feet (3ꞌ) wide; (b) is at 3182
least four * * * feet (4ꞌ) eight * * * inches (8"), preferably 3183
five * * * feet (5') deep; (c) has a door (where doors are used) 3184
that is thirty-two * * * inches (32") wide and swings out; (d) has 3185
handrails on each side, thirty-three * * * inches (33") high and 3186
parallel to the floor, one and one-half * * * inches (1½") in 3187
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outside diameter, with one and one-half * * * inches (1½") 3188
clearance between rail and wall, and fastened securely at ends and 3189
center; and (e) has a water closet with the seat twenty * * * 3190
inches (20") from the floor. 3191
(3) Such toilet rooms shall have at least one (1) lavatory 3192
with a narrow apron, which when mounted at standard height is 3193
usable by individuals in wheelchairs, or shall have lavatories 3194
mounted higher, when particular designs demand, so that they are 3195
usable by individuals in wheelchairs. 3196
(4) Mirrors and shelves shall be provided above such 3197
lavatory at a height as low as practicable and no higher than 3198
forty * * * inches (40") above the floor, measured from the top of 3199
the shelf and the bottom of the mirror. 3200
(5) Toilet rooms for men which have wall-mounted urinals 3201
shall have an appropriate number of such urinals with the opening 3202
of the basin nineteen * * * inches (19") from the floor, or shall 3203
have floor-mounted urinals that are on level with the main floor 3204
of the toilet room. 3205
(6) Toilet rooms shall have an appropriate number of towel 3206
racks, towel dispensers, and other dispensers and disposal units 3207
mounted with openings of dispensers or receptacles no higher than 3208
forty * * * inches (40") from the floor. 3209
SECTION 42. Section 43-6-125, Mississippi Code of 1972, is 3210
amended as follows: 3211
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43-6-125. All public buildings constructed or remodeled in 3212
accordance with the standards and requirements of Sections 3213
43-6-101 through 43-6-123, or containing facilities that are in 3214
compliance therewith, shall display a symbol which is white on a 3215
blue background. The specifications for this symbol shall be 3216
furnished by the State Board of Health indicating the location of 3217
such facilities designed for * * * persons with physical 3218
disabilities. When a building contains an entrance other than the 3219
main entrance which is ramped or level for use by * * * persons 3220
with physical disabilities, a sign showing its location shall be 3221
posted at or near the main entrance which shall be visible from 3222
the adjacent public sidewalk or way. 3223
SECTION 43. Section 43-11-1, Mississippi Code of 1972, is 3224
amended as follows: 3225
43-11-1. When used in this chapter, the following words 3226
shall have the following meaning: 3227
(a) "Institutions for the aged or infirm" means a place 3228
either governmental or private that provides group living 3229
arrangements for four (4) or more persons who are unrelated to the 3230
operator and who are being provided food, shelter and personal 3231
care, whether any such place is organized or operated for profit 3232
or not. The term "institution for the aged or infirm" includes 3233
nursing homes, pediatric skilled nursing facilities, psychiatric 3234
residential treatment facilities, convalescent homes, homes for 3235
the aged, adult foster care facilities and special care facilities 3236
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for paroled inmates, provided that these institutions fall within 3237
the scope of the definitions set forth above. The term 3238
"institution for the aged or infirm" does not include hospitals, 3239
clinics or mental institutions devoted primarily to providing 3240
medical service, and does not include any private residence in 3241
which the owner of the residence is providing personal care 3242
services to disabled or homeless veterans under an agreement with, 3243
and in compliance with the standards prescribed by, the United 3244
States Department of Veterans Affairs, if the owner of the 3245
residence also provided personal care services to disabled or 3246
homeless veterans at any time during calendar year 2008. 3247
(b) "Person" means any individual, firm, partnership, 3248
corporation, company, association or joint-stock association, or 3249
any licensee herein or the legal successor thereof. 3250
(c) "Personal care" means assistance rendered by 3251
personnel of the home to aged or infirm residents in performing 3252
one or more of the activities of daily living, which includes, but 3253
is not limited to, the bathing, walking, excretory functions, 3254
feeding, personal grooming and dressing of such residents. 3255
(d) "Psychiatric residential treatment facility" means 3256
any nonhospital establishment with permanent facilities which 3257
provides a twenty-four-hour program of care by qualified 3258
therapists, including, but not limited to, duly licensed mental 3259
health professionals, psychiatrists, psychologists, 3260
psychotherapists and licensed certified social workers, for * * * 3261
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children and adolescents with emotional disturbances referred to 3262
such facility by a court, local school district or by the 3263
Department of Human Services, who are not in an acute phase of 3264
illness requiring the services of a psychiatric hospital, and are 3265
in need of such restorative treatment services. For purposes of 3266
this paragraph, the term " * * * emotional disturbance" means a 3267
condition exhibiting one or more of the following characteristics 3268
over a long period of time and to a marked degree, which adversely 3269
affects educational performance: 3270
1. An inability to learn which cannot be explained 3271
by intellectual, sensory or health factors; 3272
2. An inability to build or maintain satisfactory 3273
relationships with peers and teachers; 3274
3. Inappropriate types of behavior or feelings 3275
under normal circumstances; 3276
4. A general pervasive mood of unhappiness or 3277
depression; or 3278
5. A tendency to develop physical symptoms or 3279
fears associated with personal or school problems. An 3280
establishment furnishing primarily domiciliary care is not within 3281
this definition. 3282
(e) "Pediatric skilled nursing facility" means an 3283
institution or a distinct part of an institution that is primarily 3284
engaged in providing to inpatients skilled nursing care and 3285
related services for persons under twenty-one (21) years of age 3286
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who require medical or nursing care or rehabilitation services for 3287
the rehabilitation of injured, disabled or sick persons. 3288
(f) "Licensing agency" means the State Department of 3289
Health. 3290
(g) "Medical records" mean, without restriction, those 3291
medical histories, records, reports, summaries, diagnoses and 3292
prognoses, records of treatment and medication ordered and given, 3293
notes, entries, x-rays and other written or graphic data prepared, 3294
kept, made or maintained in institutions for the aged or infirm 3295
that pertain to residency in, or services rendered to residents 3296
of, an institution for the aged or infirm. 3297
(h) "Adult foster care facility" means a home setting 3298
for vulnerable adults in the community who are unable to live 3299
independently due to physical, emotional, developmental or mental 3300
impairments, or in need of emergency and continuing protective 3301
social services for purposes of preventing further abuse or 3302
neglect and for safeguarding and enhancing the welfare of the 3303
abused or neglected vulnerable adult. Adult foster care programs 3304
shall be designed to meet the needs of vulnerable adults with 3305
impairments through individual plans of care, which provide a 3306
variety of health, social and related support services in a 3307
protective setting, enabling participants to live in the 3308
community. Adult foster care programs may be (i) traditional, 3309
where the foster care provider lives in the residence and is the 3310
primary caregiver to clients in the home; (ii) corporate, where 3311
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the foster care home is operated by a corporation with shift staff 3312
delivering services to clients; or (iii) shelter, where the foster 3313
care home accepts clients on an emergency short-term basis for up 3314
to thirty (30) days. 3315
(i) "Special care facilities for paroled inmates" means 3316
long-term care and skilled nursing facilities licensed as special 3317
care facilities for medically frail paroled inmates, formed to 3318
ease the burden of prison overcrowding and provide compassionate 3319
release and medical parole initiatives while impacting economic 3320
outcomes for the Mississippi prison system. The facilities shall 3321
meet all Mississippi Department of Health and federal Center for 3322
Medicaid Services (CMS) requirements and shall be regulated by 3323
both agencies; provided, however, such regulations shall not be as 3324
restrictive as those required for personal care homes and other 3325
institutions devoted primarily to providing medical services. The 3326
facilities will offer physical, occupational and speech therapy, 3327
nursing services, wound care, a dedicated COVID services unit, 3328
individualized patient centered plans of care, social services, 3329
spiritual services, physical activities, transportation, 3330
medication, durable medical equipment, personalized meal plans by 3331
a licensed dietician and security services. There may be up to 3332
three (3) facilities located in each Supreme Court district, to be 3333
designated by the Chairman of the State Parole Board or his 3334
designee. 3335
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SECTION 44. Section 43-13-117, Mississippi Code of 1972, is 3336
amended as follows: 3337
43-13-117. (A) Medicaid as authorized by this article shall 3338
include payment of part or all of the costs, at the discretion of 3339
the division, with approval of the Governor and the Centers for 3340
Medicare and Medicaid Services, of the following types of care and 3341
services rendered to eligible applicants who have been determined 3342
to be eligible for that care and services, within the limits of 3343
state appropriations and federal matching funds: 3344
(1) Inpatient hospital services. 3345
(a) The division is authorized to implement an All 3346
Patient Refined Diagnosis Related Groups (APR-DRG) reimbursement 3347
methodology for inpatient hospital services. 3348
(b) No service benefits or reimbursement 3349
limitations in this subsection (A)(1) shall apply to payments 3350
under an APR-DRG or Ambulatory Payment Classification (APC) model 3351
or a managed care program or similar model described in subsection 3352
(H) of this section unless specifically authorized by the 3353
division. 3354
(2) Outpatient hospital services. 3355
(a) Emergency services. 3356
(b) Other outpatient hospital services. The 3357
division shall allow benefits for other medically necessary 3358
outpatient hospital services (such as chemotherapy, radiation, 3359
surgery and therapy), including outpatient services in a clinic or 3360
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other facility that is not located inside the hospital, but that 3361
has been designated as an outpatient facility by the hospital, and 3362
that was in operation or under construction on July 1, 2009, 3363
provided that the costs and charges associated with the operation 3364
of the hospital clinic are included in the hospital's cost report. 3365
In addition, the Medicare thirty-five-mile rule will apply to 3366
those hospital clinics not located inside the hospital that are 3367
constructed after July 1, 2009. Where the same services are 3368
reimbursed as clinic services, the division may revise the rate or 3369
methodology of outpatient reimbursement to maintain consistency, 3370
efficiency, economy and quality of care. 3371
(c) The division is authorized to implement an 3372
Ambulatory Payment Classification (APC) methodology for outpatient 3373
hospital services. The division shall give rural hospitals that 3374
have fifty (50) or fewer licensed beds the option to not be 3375
reimbursed for outpatient hospital services using the APC 3376
methodology, but reimbursement for outpatient hospital services 3377
provided by those hospitals shall be based on one hundred one 3378
percent (101%) of the rate established under Medicare for 3379
outpatient hospital services. Those hospitals choosing to not be 3380
reimbursed under the APC methodology shall remain under cost-based 3381
reimbursement for a two-year period. 3382
(d) No service benefits or reimbursement 3383
limitations in this subsection (A)(2) shall apply to payments 3384
under an APR-DRG or APC model or a managed care program or similar 3385
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model described in subsection (H) of this section unless 3386
specifically authorized by the division. 3387
(3) Laboratory and x-ray services. 3388
(4) Nursing facility services. 3389
(a) The division shall make full payment to 3390
nursing facilities for each day, not exceeding forty-two (42) days 3391
per year, that a patient is absent from the facility on home 3392
leave. Payment may be made for the following home leave days in 3393
addition to the forty-two-day limitation: Christmas, the day 3394
before Christmas, the day after Christmas, Thanksgiving, the day 3395
before Thanksgiving and the day after Thanksgiving. 3396
(b) From and after July 1, 1997, the division 3397
shall implement the integrated case-mix payment and quality 3398
monitoring system, which includes the fair rental system for 3399
property costs and in which recapture of depreciation is 3400
eliminated. The division may reduce the payment for hospital 3401
leave and therapeutic home leave days to the lower of the case-mix 3402
category as computed for the resident on leave using the 3403
assessment being utilized for payment at that point in time, or a 3404
case-mix score of 1.000 for nursing facilities, and shall compute 3405
case-mix scores of residents so that only services provided at the 3406
nursing facility are considered in calculating a facility's per 3407
diem. 3408
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(c) From and after July 1, 1997, all state-owned 3409
nursing facilities shall be reimbursed on a full reasonable cost 3410
basis. 3411
(d) On or after January 1, 2015, the division 3412
shall update the case-mix payment system resource utilization 3413
grouper and classifications and fair rental reimbursement system. 3414
The division shall develop and implement a payment add-on to 3415
reimburse nursing facilities for ventilator-dependent resident 3416
services. 3417
(e) The division shall develop and implement, not 3418
later than January 1, 2001, a case-mix payment add-on determined 3419
by time studies and other valid statistical data that will 3420
reimburse a nursing facility for the additional cost of caring for 3421
a resident who has a diagnosis of Alzheimer's or other related 3422
dementia and exhibits symptoms that require special care. Any 3423
such case-mix add-on payment shall be supported by a determination 3424
of additional cost. The division shall also develop and implement 3425
as part of the fair rental reimbursement system for nursing 3426
facility beds, an Alzheimer's resident bed depreciation enhanced 3427
reimbursement system that will provide an incentive to encourage 3428
nursing facilities to convert or construct beds for residents with 3429
Alzheimer's or other related dementia. 3430
(f) The division shall develop and implement an 3431
assessment process for long-term care services. The division may 3432
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provide the assessment and related functions directly or through 3433
contract with the area agencies on aging. 3434
The division shall apply for necessary federal waivers to 3435
assure that additional services providing alternatives to nursing 3436
facility care are made available to applicants for nursing 3437
facility care. 3438
(5) Periodic screening and diagnostic services for 3439
individuals under age twenty-one (21) years as are needed to 3440
identify physical and mental defects and to provide health care 3441
treatment and other measures designed to correct or ameliorate 3442
defects and physical and mental illness and conditions discovered 3443
by the screening services, regardless of whether these services 3444
are included in the state plan. The division may include in its 3445
periodic screening and diagnostic program those discretionary 3446
services authorized under the federal regulations adopted to 3447
implement Title XIX of the federal Social Security Act, as 3448
amended. The division, in obtaining physical therapy services, 3449
occupational therapy services, and services for individuals with 3450
speech, hearing and language disorders, may enter into a 3451
cooperative agreement with the State Department of Education for 3452
the provision of those services to * * * students with 3453
disabilities by public school districts using state funds that are 3454
provided from the appropriation to the Department of Education to 3455
obtain federal matching funds through the division. The division, 3456
in obtaining medical and mental health assessments, treatment, 3457
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care and services for children who are in, or at risk of being put 3458
in, the custody of the Mississippi Department of Human Services 3459
may enter into a cooperative agreement with the Mississippi 3460
Department of Human Services for the provision of those services 3461
using state funds that are provided from the appropriation to the 3462
Department of Human Services to obtain federal matching funds 3463
through the division. 3464
(6) Physician services. Fees for physician's services 3465
that are covered only by Medicaid shall be reimbursed at ninety 3466
percent (90%) of the rate established on January 1, 2018, and as 3467
may be adjusted each July thereafter, under Medicare. The 3468
division may provide for a reimbursement rate for physician's 3469
services of up to one hundred percent (100%) of the rate 3470
established under Medicare for physician's services that are 3471
provided after the normal working hours of the physician, as 3472
determined in accordance with regulations of the division. The 3473
division may reimburse eligible providers, as determined by the 3474
division, for certain primary care services at one hundred percent 3475
(100%) of the rate established under Medicare. The division shall 3476
reimburse obstetricians and gynecologists for certain primary care 3477
services as defined by the division at one hundred percent (100%) 3478
of the rate established under Medicare. 3479
(7) (a) Home health services for eligible persons, not 3480
to exceed in cost the prevailing cost of nursing facility 3481
services. All home health visits must be precertified as required 3482
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by the division. In addition to physicians, certified registered 3483
nurse practitioners, physician assistants and clinical nurse 3484
specialists are authorized to prescribe or order home health 3485
services and plans of care, sign home health plans of care, 3486
certify and recertify eligibility for home health services and 3487
conduct the required initial face-to-face visit with the recipient 3488
of the services. 3489
(b) [Repealed] 3490
(8) Emergency medical transportation services as 3491
determined by the division. 3492
(9) Prescription drugs and other covered drugs and 3493
services as determined by the division. 3494
The division shall establish a mandatory preferred drug list. 3495
Drugs not on the mandatory preferred drug list shall be made 3496
available by utilizing prior authorization procedures established 3497
by the division. 3498
The division may seek to establish relationships with other 3499
states in order to lower acquisition costs of prescription drugs 3500
to include single-source and innovator multiple-source drugs or 3501
generic drugs. In addition, if allowed by federal law or 3502
regulation, the division may seek to establish relationships with 3503
and negotiate with other countries to facilitate the acquisition 3504
of prescription drugs to include single-source and innovator 3505
multiple-source drugs or generic drugs, if that will lower the 3506
acquisition costs of those prescription drugs. 3507
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The division may allow for a combination of prescriptions for 3508
single-source and innovator multiple-source drugs and generic 3509
drugs to meet the needs of the beneficiaries. 3510
The executive director may approve specific maintenance drugs 3511
for beneficiaries with certain medical conditions, which may be 3512
prescribed and dispensed in three-month supply increments. 3513
Drugs prescribed for a resident of a psychiatric residential 3514
treatment facility must be provided in true unit doses when 3515
available. The division may require that drugs not covered by 3516
Medicare Part D for a resident of a long-term care facility be 3517
provided in true unit doses when available. Those drugs that were 3518
originally billed to the division but are not used by a resident 3519
in any of those facilities shall be returned to the billing 3520
pharmacy for credit to the division, in accordance with the 3521
guidelines of the State Board of Pharmacy and any requirements of 3522
federal law and regulation. Drugs shall be dispensed to a 3523
recipient and only one (1) dispensing fee per month may be 3524
charged. The division shall develop a methodology for reimbursing 3525
for restocked drugs, which shall include a restock fee as 3526
determined by the division not exceeding Seven Dollars and 3527
Eighty-two Cents ($7.82). 3528
Except for those specific maintenance drugs approved by the 3529
executive director, the division shall not reimburse for any 3530
portion of a prescription that exceeds a thirty-one-day supply of 3531
the drug based on the daily dosage. 3532
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The division is authorized to develop and implement a program 3533
of payment for additional pharmacist services as determined by the 3534
division. 3535
All claims for drugs for dually eligible Medicare/Medicaid 3536
beneficiaries that are paid for by Medicare must be submitted to 3537
Medicare for payment before they may be processed by the 3538
division's online payment system. 3539
The division shall develop a pharmacy policy in which drugs 3540
in tamper-resistant packaging that are prescribed for a resident 3541
of a nursing facility but are not dispensed to the resident shall 3542
be returned to the pharmacy and not billed to Medicaid, in 3543
accordance with guidelines of the State Board of Pharmacy. 3544
The division shall develop and implement a method or methods 3545
by which the division will provide on a regular basis to Medicaid 3546
providers who are authorized to prescribe drugs, information about 3547
the costs to the Medicaid program of single-source drugs and 3548
innovator multiple-source drugs, and information about other drugs 3549
that may be prescribed as alternatives to those single-source 3550
drugs and innovator multiple-source drugs and the costs to the 3551
Medicaid program of those alternative drugs. 3552
Notwithstanding any law or regulation, information obtained 3553
or maintained by the division regarding the prescription drug 3554
program, including trade secrets and manufacturer or labeler 3555
pricing, is confidential and not subject to disclosure except to 3556
other state agencies. 3557
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The dispensing fee for each new or refill prescription, 3558
including nonlegend or over-the-counter drugs covered by the 3559
division, shall be not less than Three Dollars and Ninety-one 3560
Cents ($3.91), as determined by the division. 3561
The division shall not reimburse for single-source or 3562
innovator multiple-source drugs if there are equally effective 3563
generic equivalents available and if the generic equivalents are 3564
the least expensive. 3565
It is the intent of the Legislature that the pharmacists 3566
providers be reimbursed for the reasonable costs of filling and 3567
dispensing prescriptions for Medicaid beneficiaries. 3568
The division shall allow certain drugs, including 3569
physician-administered drugs, and implantable drug system devices, 3570
and medical supplies, with limited distribution or limited access 3571
for beneficiaries and administered in an appropriate clinical 3572
setting, to be reimbursed as either a medical claim or pharmacy 3573
claim, as determined by the division. 3574
It is the intent of the Legislature that the division and any 3575
managed care entity described in subsection (H) of this section 3576
encourage the use of Alpha-Hydroxyprogesterone Caproate (17P) to 3577
prevent recurrent preterm birth. 3578
(10) Dental and orthodontic services to be determined 3579
by the division. 3580
The division shall increase the amount of the reimbursement 3581
rate for diagnostic and preventative dental services for each of 3582
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the fiscal years 2022, 2023 and 2024 by five percent (5%) above 3583
the amount of the reimbursement rate for the previous fiscal year. 3584
The division shall increase the amount of the reimbursement rate 3585
for restorative dental services for each of the fiscal years 2023, 3586
2024 and 2025 by five percent (5%) above the amount of the 3587
reimbursement rate for the previous fiscal year. It is the intent 3588
of the Legislature that the reimbursement rate revision for 3589
preventative dental services will be an incentive to increase the 3590
number of dentists who actively provide Medicaid services. This 3591
dental services reimbursement rate revision shall be known as the 3592
"James Russell Dumas Medicaid Dental Services Incentive Program." 3593
The Medical Care Advisory Committee, assisted by the Division 3594
of Medicaid, shall annually determine the effect of this incentive 3595
by evaluating the number of dentists who are Medicaid providers, 3596
the number who and the degree to which they are actively billing 3597
Medicaid, the geographic trends of where dentists are offering 3598
what types of Medicaid services and other statistics pertinent to 3599
the goals of this legislative intent. This data shall annually be 3600
presented to the Chair of the Senate Medicaid Committee and the 3601
Chair of the House Medicaid Committee. 3602
The division shall include dental services as a necessary 3603
component of overall health services provided to children who are 3604
eligible for services. 3605
(11) Eyeglasses for all Medicaid beneficiaries who have 3606
(a) had surgery on the eyeball or ocular muscle that results in a 3607
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vision change for which eyeglasses or a change in eyeglasses is 3608
medically indicated within six (6) months of the surgery and is in 3609
accordance with policies established by the division, or (b) one 3610
(1) pair every five (5) years and in accordance with policies 3611
established by the division. In either instance, the eyeglasses 3612
must be prescribed by a physician skilled in diseases of the eye 3613
or an optometrist, whichever the beneficiary may select. 3614
(12) Intermediate care facility services. 3615
(a) The division shall make full payment to all 3616
intermediate care facilities for individuals with intellectual 3617
disabilities for each day, not exceeding sixty-three (63) days per 3618
year, that a patient is absent from the facility on home leave. 3619
Payment may be made for the following home leave days in addition 3620
to the sixty-three-day limitation: Christmas, the day before 3621
Christmas, the day after Christmas, Thanksgiving, the day before 3622
Thanksgiving and the day after Thanksgiving. 3623
(b) All state-owned intermediate care facilities 3624
for individuals with intellectual disabilities shall be reimbursed 3625
on a full reasonable cost basis. 3626
(c) Effective January 1, 2015, the division shall 3627
update the fair rental reimbursement system for intermediate care 3628
facilities for individuals with intellectual disabilities. 3629
(13) Family planning services, including drugs, 3630
supplies and devices, when those services are under the 3631
supervision of a physician or nurse practitioner. 3632
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(14) Clinic services. Preventive, diagnostic, 3633
therapeutic, rehabilitative or palliative services that are 3634
furnished by a facility that is not part of a hospital but is 3635
organized and operated to provide medical care to outpatients. 3636
Clinic services include, but are not limited to: 3637
(a) Services provided by ambulatory surgical 3638
centers (ASCs) as defined in Section 41-75-1(a); and 3639
(b) Dialysis center services. 3640
(15) Home- and community-based services for the elderly 3641
and disabled, as provided under Title XIX of the federal Social 3642
Security Act, as amended, under waivers, subject to the 3643
availability of funds specifically appropriated for that purpose 3644
by the Legislature. 3645
(16) Mental health services. Certain services provided 3646
by a psychiatrist shall be reimbursed at up to one hundred percent 3647
(100%) of the Medicare rate. Approved therapeutic and case 3648
management services (a) provided by an approved regional mental 3649
health/intellectual disability center established under Sections 3650
41-19-31 through 41-19-39, or by another community mental health 3651
service provider meeting the requirements of the Department of 3652
Mental Health to be an approved mental health/intellectual 3653
disability center if determined necessary by the Department of 3654
Mental Health, using state funds that are provided in the 3655
appropriation to the division to match federal funds, or (b) 3656
provided by a facility that is certified by the State Department 3657
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of Mental Health to provide therapeutic and case management 3658
services, to be reimbursed on a fee for service basis, or (c) 3659
provided in the community by a facility or program operated by the 3660
Department of Mental Health. Any such services provided by a 3661
facility described in subparagraph (b) must have the prior 3662
approval of the division to be reimbursable under this section. 3663
(17) Durable medical equipment services and medical 3664
supplies. Precertification of durable medical equipment and 3665
medical supplies must be obtained as required by the division. 3666
The Division of Medicaid may require durable medical equipment 3667
providers to obtain a surety bond in the amount and to the 3668
specifications as established by the Balanced Budget Act of 1997. 3669
A maximum dollar amount of reimbursement for noninvasive 3670
ventilators or ventilation treatments properly ordered and being 3671
used in an appropriate care setting shall not be set by any health 3672
maintenance organization, coordinated care organization, 3673
provider-sponsored health plan, or other organization paid for 3674
services on a capitated basis by the division under any managed 3675
care program or coordinated care program implemented by the 3676
division under this section. Reimbursement by these organizations 3677
to durable medical equipment suppliers for home use of noninvasive 3678
and invasive ventilators shall be on a continuous monthly payment 3679
basis for the duration of medical need throughout a patient's 3680
valid prescription period. 3681
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(18) (a) Notwithstanding any other provision of this 3682
section to the contrary, as provided in the Medicaid state plan 3683
amendment or amendments as defined in Section 43-13-145(10), the 3684
division shall make additional reimbursement to hospitals that 3685
serve a disproportionate share of low-income patients and that 3686
meet the federal requirements for those payments as provided in 3687
Section 1923 of the federal Social Security Act and any applicable 3688
regulations. It is the intent of the Legislature that the 3689
division shall draw down all available federal funds allotted to 3690
the state for disproportionate share hospitals. However, from and 3691
after January 1, 1999, public hospitals participating in the 3692
Medicaid disproportionate share program may be required to 3693
participate in an intergovernmental transfer program as provided 3694
in Section 1903 of the federal Social Security Act and any 3695
applicable regulations. 3696
(b) (i) 1. The division may establish a Medicare 3697
Upper Payment Limits Program, as defined in Section 1902(a)(30) of 3698
the federal Social Security Act and any applicable federal 3699
regulations, or an allowable delivery system or provider payment 3700
initiative authorized under 42 CFR 438.6(c), for hospitals, 3701
nursing facilities and physicians employed or contracted by 3702
hospitals. 3703
2. The division shall establish a 3704
Medicaid Supplemental Payment Program, as permitted by the federal 3705
Social Security Act and a comparable allowable delivery system or 3706
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provider payment initiative authorized under 42 CFR 438.6(c), for 3707
emergency ambulance transportation providers in accordance with 3708
this subsection (A)(18)(b). 3709
(ii) The division shall assess each hospital, 3710
nursing facility, and emergency ambulance transportation provider 3711
for the sole purpose of financing the state portion of the 3712
Medicare Upper Payment Limits Program or other program(s) 3713
authorized under this subsection (A)(18)(b). The hospital 3714
assessment shall be as provided in Section 43-13-145(4)(a), and 3715
the nursing facility and the emergency ambulance transportation 3716
assessments, if established, shall be based on Medicaid 3717
utilization or other appropriate method, as determined by the 3718
division, consistent with federal regulations. The assessments 3719
will remain in effect as long as the state participates in the 3720
Medicare Upper Payment Limits Program or other program(s) 3721
authorized under this subsection (A)(18)(b). In addition to the 3722
hospital assessment provided in Section 43-13-145(4)(a), hospitals 3723
with physicians participating in the Medicare Upper Payment Limits 3724
Program or other program(s) authorized under this subsection 3725
(A)(18)(b) shall be required to participate in an 3726
intergovernmental transfer or assessment, as determined by the 3727
division, for the purpose of financing the state portion of the 3728
physician UPL payments or other payment(s) authorized under this 3729
subsection (A)(18)(b). 3730
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(iii) Subject to approval by the Centers for 3731
Medicare and Medicaid Services (CMS) and the provisions of this 3732
subsection (A)(18)(b), the division shall make additional 3733
reimbursement to hospitals, nursing facilities, and emergency 3734
ambulance transportation providers for the Medicare Upper Payment 3735
Limits Program or other program(s) authorized under this 3736
subsection (A)(18)(b), and, if the program is established for 3737
physicians, shall make additional reimbursement for physicians, as 3738
defined in Section 1902(a)(30) of the federal Social Security Act 3739
and any applicable federal regulations, provided the assessment in 3740
this subsection (A)(18)(b) is in effect. 3741
(iv) Notwithstanding any other provision of 3742
this article to the contrary, effective upon implementation of the 3743
Mississippi Hospital Access Program (MHAP) provided in 3744
subparagraph (c)(i) below, the hospital portion of the inpatient 3745
Upper Payment Limits Program shall transition into and be replaced 3746
by the MHAP program. However, the division is authorized to 3747
develop and implement an alternative fee-for-service Upper Payment 3748
Limits model in accordance with federal laws and regulations if 3749
necessary to preserve supplemental funding. Further, the 3750
division, in consultation with the hospital industry shall develop 3751
alternative models for distribution of medical claims and 3752
supplemental payments for inpatient and outpatient hospital 3753
services, and such models may include, but shall not be limited to 3754
the following: increasing rates for inpatient and outpatient 3755
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services; creating a low-income utilization pool of funds to 3756
reimburse hospitals for the costs of uncompensated care, charity 3757
care and bad debts as permitted and approved pursuant to federal 3758
regulations and the Centers for Medicare and Medicaid Services; 3759
supplemental payments based upon Medicaid utilization, quality, 3760
service lines and/or costs of providing such services to Medicaid 3761
beneficiaries and to uninsured patients. The goals of such 3762
payment models shall be to ensure access to inpatient and 3763
outpatient care and to maximize any federal funds that are 3764
available to reimburse hospitals for services provided. Any such 3765
documents required to achieve the goals described in this 3766
paragraph shall be submitted to the Centers for Medicare and 3767
Medicaid Services, with a proposed effective date of July 1, 2019, 3768
to the extent possible, but in no event shall the effective date 3769
of such payment models be later than July 1, 2020. The Chairmen 3770
of the Senate and House Medicaid Committees shall be provided a 3771
copy of the proposed payment model(s) prior to submission. 3772
Effective July 1, 2018, and until such time as any payment 3773
model(s) as described above become effective, the division, in 3774
consultation with the hospital industry, is authorized to 3775
implement a transitional program for inpatient and outpatient 3776
payments and/or supplemental payments (including, but not limited 3777
to, MHAP and directed payments), to redistribute available 3778
supplemental funds among hospital providers, provided that when 3779
compared to a hospital's prior year supplemental payments, 3780
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supplemental payments made pursuant to any such transitional 3781
program shall not result in a decrease of more than five percent 3782
(5%) and shall not increase by more than the amount needed to 3783
maximize the distribution of the available funds. 3784
(v) 1. To preserve and improve access to 3785
ambulance transportation provider services, the division shall 3786
seek CMS approval to make ambulance service access payments as set 3787
forth in this subsection (A)(18)(b) for all covered emergency 3788
ambulance services rendered on or after July 1, 2022, and shall 3789
make such ambulance service access payments for all covered 3790
services rendered on or after the effective date of CMS approval. 3791
2. The division shall calculate the 3792
ambulance service access payment amount as the balance of the 3793
portion of the Medical Care Fund related to ambulance 3794
transportation service provider assessments plus any federal 3795
matching funds earned on the balance, up to, but not to exceed, 3796
the upper payment limit gap for all emergency ambulance service 3797
providers. 3798
3. a. Except for ambulance services 3799
exempt from the assessment provided in this paragraph (18)(b), all 3800
ambulance transportation service providers shall be eligible for 3801
ambulance service access payments each state fiscal year as set 3802
forth in this paragraph (18)(b). 3803
b. In addition to any other funds 3804
paid to ambulance transportation service providers for emergency 3805
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medical services provided to Medicaid beneficiaries, each eligible 3806
ambulance transportation service provider shall receive ambulance 3807
service access payments each state fiscal year equal to the 3808
ambulance transportation service provider's upper payment limit 3809
gap. Subject to approval by the Centers for Medicare and Medicaid 3810
Services, ambulance service access payments shall be made no less 3811
than on a quarterly basis. 3812
c. As used in this paragraph 3813
(18)(b)(v), the term "upper payment limit gap" means the 3814
difference between the total amount that the ambulance 3815
transportation service provider received from Medicaid and the 3816
average amount that the ambulance transportation service provider 3817
would have received from commercial insurers for those services 3818
reimbursed by Medicaid. 3819
4. An ambulance service access payment 3820
shall not be used to offset any other payment by the division for 3821
emergency or nonemergency services to Medicaid beneficiaries. 3822
(c) (i) Not later than December l, 2015, the 3823
division shall, subject to approval by the Centers for Medicare 3824
and Medicaid Services (CMS), establish, implement and operate a 3825
Mississippi Hospital Access Program (MHAP) for the purpose of 3826
protecting patient access to hospital care through hospital 3827
inpatient reimbursement programs provided in this section designed 3828
to maintain total hospital reimbursement for inpatient services 3829
rendered by in-state hospitals and the out-of-state hospital that 3830
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is authorized by federal law to submit intergovernmental transfers 3831
(IGTs) to the State of Mississippi and is classified as Level I 3832
trauma center located in a county contiguous to the state line at 3833
the maximum levels permissible under applicable federal statutes 3834
and regulations, at which time the current inpatient Medicare 3835
Upper Payment Limits (UPL) Program for hospital inpatient services 3836
shall transition to the MHAP. 3837
(ii) Subject to approval by the Centers for 3838
Medicare and Medicaid Services (CMS), the MHAP shall provide 3839
increased inpatient capitation (PMPM) payments to managed care 3840
entities contracting with the division pursuant to subsection (H) 3841
of this section to support availability of hospital services or 3842
such other payments permissible under federal law necessary to 3843
accomplish the intent of this subsection. 3844
(iii) The intent of this subparagraph (c) is 3845
that effective for all inpatient hospital Medicaid services during 3846
state fiscal year 2016, and so long as this provision shall remain 3847
in effect hereafter, the division shall to the fullest extent 3848
feasible replace the additional reimbursement for hospital 3849
inpatient services under the inpatient Medicare Upper Payment 3850
Limits (UPL) Program with additional reimbursement under the MHAP 3851
and other payment programs for inpatient and/or outpatient 3852
payments which may be developed under the authority of this 3853
paragraph. 3854
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(iv) The division shall assess each hospital 3855
as provided in Section 43-13-145(4)(a) for the purpose of 3856
financing the state portion of the MHAP, supplemental payments and 3857
such other purposes as specified in Section 43-13-145. The 3858
assessment will remain in effect as long as the MHAP and 3859
supplemental payments are in effect. 3860
(19) (a) Perinatal risk management services. The 3861
division shall promulgate regulations to be effective from and 3862
after October 1, 1988, to establish a comprehensive perinatal 3863
system for risk assessment of all pregnant and infant Medicaid 3864
recipients and for management, education and follow-up for those 3865
who are determined to be at risk. Services to be performed 3866
include case management, nutrition assessment/counseling, 3867
psychosocial assessment/counseling and health education. The 3868
division shall contract with the State Department of Health to 3869
provide services within this paragraph (Perinatal High Risk 3870
Management/Infant Services System (PHRM/ISS)). The State 3871
Department of Health shall be reimbursed on a full reasonable cost 3872
basis for services provided under this subparagraph (a). 3873
(b) Early intervention system services. The 3874
division shall cooperate with the State Department of Health, 3875
acting as lead agency, in the development and implementation of a 3876
statewide system of delivery of early intervention services, under 3877
Part C of the Individuals with Disabilities Education Act (IDEA). 3878
The State Department of Health shall certify annually in writing 3879
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to the executive director of the division the dollar amount of 3880
state early intervention funds available that will be utilized as 3881
a certified match for Medicaid matching funds. Those funds then 3882
shall be used to provide expanded targeted case management 3883
services for Medicaid eligible children with special needs who are 3884
eligible for the state's early intervention system. 3885
Qualifications for persons providing service coordination shall be 3886
determined by the State Department of Health and the Division of 3887
Medicaid. 3888
(20) Home- and community-based services for physically 3889
disabled approved services as allowed by a waiver from the United 3890
States Department of Health and Human Services for home- and 3891
community-based services for physically disabled people using 3892
state funds that are provided from the appropriation to the State 3893
Department of Rehabilitation Services and used to match federal 3894
funds under a cooperative agreement between the division and the 3895
department, provided that funds for these services are 3896
specifically appropriated to the Department of Rehabilitation 3897
Services. 3898
(21) Nurse practitioner services. Services furnished 3899
by a registered nurse who is licensed and certified by the 3900
Mississippi Board of Nursing as a nurse practitioner, including, 3901
but not limited to, nurse anesthetists, nurse midwives, family 3902
nurse practitioners, family planning nurse practitioners, 3903
pediatric nurse practitioners, obstetrics-gynecology nurse 3904
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practitioners and neonatal nurse practitioners, under regulations 3905
adopted by the division. Reimbursement for those services shall 3906
not exceed ninety percent (90%) of the reimbursement rate for 3907
comparable services rendered by a physician. The division may 3908
provide for a reimbursement rate for nurse practitioner services 3909
of up to one hundred percent (100%) of the reimbursement rate for 3910
comparable services rendered by a physician for nurse practitioner 3911
services that are provided after the normal working hours of the 3912
nurse practitioner, as determined in accordance with regulations 3913
of the division. 3914
(22) Ambulatory services delivered in federally 3915
qualified health centers, rural health centers and clinics of the 3916
local health departments of the State Department of Health for 3917
individuals eligible for Medicaid under this article based on 3918
reasonable costs as determined by the division. Federally 3919
qualified health centers shall be reimbursed by the Medicaid 3920
prospective payment system as approved by the Centers for Medicare 3921
and Medicaid Services. The division shall recognize federally 3922
qualified health centers (FQHCs), rural health clinics (RHCs) and 3923
community mental health centers (CMHCs) as both an originating and 3924
distant site provider for the purposes of telehealth 3925
reimbursement. The division is further authorized and directed to 3926
reimburse FQHCs, RHCs and CMHCs for both distant site and 3927
originating site services when such services are appropriately 3928
provided by the same organization. 3929
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(23) Inpatient psychiatric services. 3930
(a) Inpatient psychiatric services to be 3931
determined by the division for recipients under age twenty-one 3932
(21) that are provided under the direction of a physician in an 3933
inpatient program in a licensed acute care psychiatric facility or 3934
in a licensed psychiatric residential treatment facility, before 3935
the recipient reaches age twenty-one (21) or, if the recipient was 3936
receiving the services immediately before he or she reached age 3937
twenty-one (21), before the earlier of the date he or she no 3938
longer requires the services or the date he or she reaches age 3939
twenty-two (22), as provided by federal regulations. From and 3940
after January 1, 2015, the division shall update the fair rental 3941
reimbursement system for psychiatric residential treatment 3942
facilities. Precertification of inpatient days and residential 3943
treatment days must be obtained as required by the division. From 3944
and after July 1, 2009, all state-owned and state-operated 3945
facilities that provide inpatient psychiatric services to persons 3946
under age twenty-one (21) who are eligible for Medicaid 3947
reimbursement shall be reimbursed for those services on a full 3948
reasonable cost basis. 3949
(b) The division may reimburse for services 3950
provided by a licensed freestanding psychiatric hospital to 3951
Medicaid recipients over the age of twenty-one (21) in a method 3952
and manner consistent with the provisions of Section 43-13-117.5. 3953
(24) [Deleted] 3954
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(25) [Deleted] 3955
(26) Hospice care. As used in this paragraph, the term 3956
"hospice care" means a coordinated program of active professional 3957
medical attention within the home and outpatient and inpatient 3958
care that treats the terminally ill patient and family as a unit, 3959
employing a medically directed interdisciplinary team. The 3960
program provides relief of severe pain or other physical symptoms 3961
and supportive care to meet the special needs arising out of 3962
physical, psychological, spiritual, social and economic stresses 3963
that are experienced during the final stages of illness and during 3964
dying and bereavement and meets the Medicare requirements for 3965
participation as a hospice as provided in federal regulations. 3966
(27) Group health plan premiums and cost-sharing if it 3967
is cost-effective as defined by the United States Secretary of 3968
Health and Human Services. 3969
(28) Other health insurance premiums that are 3970
cost-effective as defined by the United States Secretary of Health 3971
and Human Services. Medicare eligible must have Medicare Part B 3972
before other insurance premiums can be paid. 3973
(29) The Division of Medicaid may apply for a waiver 3974
from the United States Department of Health and Human Services for 3975
home- and community-based services for developmentally disabled 3976
people using state funds that are provided from the appropriation 3977
to the State Department of Mental Health and/or funds transferred 3978
to the department by a political subdivision or instrumentality of 3979
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the state and used to match federal funds under a cooperative 3980
agreement between the division and the department, provided that 3981
funds for these services are specifically appropriated to the 3982
Department of Mental Health and/or transferred to the department 3983
by a political subdivision or instrumentality of the state. 3984
(30) Pediatric skilled nursing services as determined 3985
by the division and in a manner consistent with regulations 3986
promulgated by the Mississippi State Department of Health. 3987
(31) Targeted case management services for children 3988
with special needs, under waivers from the United States 3989
Department of Health and Human Services, using state funds that 3990
are provided from the appropriation to the Mississippi Department 3991
of Human Services and used to match federal funds under a 3992
cooperative agreement between the division and the department. 3993
(32) Care and services provided in Christian Science 3994
Sanatoria listed and certified by the Commission for Accreditation 3995
of Christian Science Nursing Organizations/Facilities, Inc., 3996
rendered in connection with treatment by prayer or spiritual means 3997
to the extent that those services are subject to reimbursement 3998
under Section 1903 of the federal Social Security Act. 3999
(33) Podiatrist services. 4000
(34) Assisted living services as provided through 4001
home- and community-based services under Title XIX of the federal 4002
Social Security Act, as amended, subject to the availability of 4003
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funds specifically appropriated for that purpose by the 4004
Legislature. 4005
(35) Services and activities authorized in Sections 4006
43-27-101 and 43-27-103, using state funds that are provided from 4007
the appropriation to the Mississippi Department of Human Services 4008
and used to match federal funds under a cooperative agreement 4009
between the division and the department. 4010
(36) Nonemergency transportation services for 4011
Medicaid-eligible persons as determined by the division. The PEER 4012
Committee shall conduct a performance evaluation of the 4013
nonemergency transportation program to evaluate the administration 4014
of the program and the providers of transportation services to 4015
determine the most cost-effective ways of providing nonemergency 4016
transportation services to the patients served under the program. 4017
The performance evaluation shall be completed and provided to the 4018
members of the Senate Medicaid Committee and the House Medicaid 4019
Committee not later than January 1, 2019, and every two (2) years 4020
thereafter. 4021
(37) [Deleted] 4022
(38) Chiropractic services. A chiropractor's manual 4023
manipulation of the spine to correct a subluxation, if x-ray 4024
demonstrates that a subluxation exists and if the subluxation has 4025
resulted in a neuromusculoskeletal condition for which 4026
manipulation is appropriate treatment, and related spinal x-rays 4027
performed to document these conditions. Reimbursement for 4028
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chiropractic services shall not exceed Seven Hundred Dollars 4029
($700.00) per year per beneficiary. 4030
(39) Dually eligible Medicare/Medicaid beneficiaries. 4031
The division shall pay the Medicare deductible and coinsurance 4032
amounts for services available under Medicare, as determined by 4033
the division. From and after July 1, 2009, the division shall 4034
reimburse crossover claims for inpatient hospital services and 4035
crossover claims covered under Medicare Part B in the same manner 4036
that was in effect on January 1, 2008, unless specifically 4037
authorized by the Legislature to change this method. 4038
(40) [Deleted] 4039
(41) Services provided by the State Department of 4040
Rehabilitation Services for the care and rehabilitation of persons 4041
with spinal cord injuries or traumatic brain injuries, as allowed 4042
under waivers from the United States Department of Health and 4043
Human Services, using up to seventy-five percent (75%) of the 4044
funds that are appropriated to the Department of Rehabilitation 4045
Services from the Spinal Cord and Head Injury Trust Fund 4046
established under Section 37-33-261 and used to match federal 4047
funds under a cooperative agreement between the division and the 4048
department. 4049
(42) [Deleted] 4050
(43) The division shall provide reimbursement, 4051
according to a payment schedule developed by the division, for 4052
smoking cessation medications for pregnant women during their 4053
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pregnancy and other Medicaid-eligible women who are of 4054
child-bearing age. 4055
(44) Nursing facility services for the severely 4056
disabled. 4057
(a) Severe disabilities include, but are not 4058
limited to, spinal cord injuries, closed-head injuries and 4059
ventilator-dependent patients. 4060
(b) Those services must be provided in a long-term 4061
care nursing facility dedicated to the care and treatment of 4062
persons with severe disabilities. 4063
(45) Physician assistant services. Services furnished 4064
by a physician assistant who is licensed by the State Board of 4065
Medical Licensure and is practicing with physician supervision 4066
under regulations adopted by the board, under regulations adopted 4067
by the division. Reimbursement for those services shall not 4068
exceed ninety percent (90%) of the reimbursement rate for 4069
comparable services rendered by a physician. The division may 4070
provide for a reimbursement rate for physician assistant services 4071
of up to one hundred percent (100%) or the reimbursement rate for 4072
comparable services rendered by a physician for physician 4073
assistant services that are provided after the normal working 4074
hours of the physician assistant, as determined in accordance with 4075
regulations of the division. 4076
(46) The division shall make application to the federal 4077
Centers for Medicare and Medicaid Services (CMS) for a waiver to 4078
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develop and provide services for children with serious emotional 4079
disturbances as defined in Section 43-14-1(1), which may include 4080
home- and community-based services, case management services or 4081
managed care services through mental health providers certified by 4082
the Department of Mental Health. The division may implement and 4083
provide services under this waivered program only if funds for 4084
these services are specifically appropriated for this purpose by 4085
the Legislature, or if funds are voluntarily provided by affected 4086
agencies. 4087
(47) (a) The division may develop and implement 4088
disease management programs for individuals with high-cost chronic 4089
diseases and conditions, including the use of grants, waivers, 4090
demonstrations or other projects as necessary. 4091
(b) Participation in any disease management 4092
program implemented under this paragraph (47) is optional with the 4093
individual. An individual must affirmatively elect to participate 4094
in the disease management program in order to participate, and may 4095
elect to discontinue participation in the program at any time. 4096
(48) Pediatric long-term acute care hospital services. 4097
(a) Pediatric long-term acute care hospital 4098
services means services provided to eligible persons under 4099
twenty-one (21) years of age by a freestanding Medicare-certified 4100
hospital that has an average length of inpatient stay greater than 4101
twenty-five (25) days and that is primarily engaged in providing 4102
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chronic or long-term medical care to persons under twenty-one (21) 4103
years of age. 4104
(b) The services under this paragraph (48) shall 4105
be reimbursed as a separate category of hospital services. 4106
(49) The division may establish copayments and/or 4107
coinsurance for any Medicaid services for which copayments and/or 4108
coinsurance are allowable under federal law or regulation. 4109
(50) Services provided by the State Department of 4110
Rehabilitation Services for the care and rehabilitation of persons 4111
who are deaf and blind, as allowed under waivers from the United 4112
States Department of Health and Human Services to provide home- 4113
and community-based services using state funds that are provided 4114
from the appropriation to the State Department of Rehabilitation 4115
Services or if funds are voluntarily provided by another agency. 4116
(51) Upon determination of Medicaid eligibility and in 4117
association with annual redetermination of Medicaid eligibility, 4118
beneficiaries shall be encouraged to undertake a physical 4119
examination that will establish a base-line level of health and 4120
identification of a usual and customary source of care (a medical 4121
home) to aid utilization of disease management tools. This 4122
physical examination and utilization of these disease management 4123
tools shall be consistent with current United States Preventive 4124
Services Task Force or other recognized authority recommendations. 4125
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For persons who are determined ineligible for Medicaid, the 4126
division will provide information and direction for accessing 4127
medical care and services in the area of their residence. 4128
(52) Notwithstanding any provisions of this article, 4129
the division may pay enhanced reimbursement fees related to trauma 4130
care, as determined by the division in conjunction with the State 4131
Department of Health, using funds appropriated to the State 4132
Department of Health for trauma care and services and used to 4133
match federal funds under a cooperative agreement between the 4134
division and the State Department of Health. The division, in 4135
conjunction with the State Department of Health, may use grants, 4136
waivers, demonstrations, enhanced reimbursements, Upper Payment 4137
Limits Programs, supplemental payments, or other projects as 4138
necessary in the development and implementation of this 4139
reimbursement program. 4140
(53) Targeted case management services for high-cost 4141
beneficiaries may be developed by the division for all services 4142
under this section. 4143
(54) [Deleted] 4144
(55) Therapy services. The plan of care for therapy 4145
services may be developed to cover a period of treatment for up to 4146
six (6) months, but in no event shall the plan of care exceed a 4147
six-month period of treatment. The projected period of treatment 4148
must be indicated on the initial plan of care and must be updated 4149
with each subsequent revised plan of care. Based on medical 4150
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necessity, the division shall approve certification periods for 4151
less than or up to six (6) months, but in no event shall the 4152
certification period exceed the period of treatment indicated on 4153
the plan of care. The appeal process for any reduction in therapy 4154
services shall be consistent with the appeal process in federal 4155
regulations. 4156
(56) Prescribed pediatric extended care centers 4157
services for medically dependent or technologically dependent 4158
children with complex medical conditions that require continual 4159
care as prescribed by the child's attending physician, as 4160
determined by the division. 4161
(57) No Medicaid benefit shall restrict coverage for 4162
medically appropriate treatment prescribed by a physician and 4163
agreed to by a fully informed individual, or if the individual 4164
lacks legal capacity to consent by a person who has legal 4165
authority to consent on his or her behalf, based on an 4166
individual's diagnosis with a terminal condition. As used in this 4167
paragraph (57), "terminal condition" means any aggressive 4168
malignancy, chronic end-stage cardiovascular or cerebral vascular 4169
disease, or any other disease, illness or condition which a 4170
physician diagnoses as terminal. 4171
(58) Treatment services for persons with opioid 4172
dependency or other highly addictive substance use disorders. The 4173
division is authorized to reimburse eligible providers for 4174
treatment of opioid dependency and other highly addictive 4175
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substance use disorders, as determined by the division. Treatment 4176
related to these conditions shall not count against any physician 4177
visit limit imposed under this section. 4178
(59) The division shall allow beneficiaries between the 4179
ages of ten (10) and eighteen (18) years to receive vaccines 4180
through a pharmacy venue. The division and the State Department 4181
of Health shall coordinate and notify OB-GYN providers that the 4182
Vaccines for Children program is available to providers free of 4183
charge. 4184
(60) Border city university-affiliated pediatric 4185
teaching hospital. 4186
(a) Payments may only be made to a border city 4187
university-affiliated pediatric teaching hospital if the Centers 4188
for Medicare and Medicaid Services (CMS) approve an increase in 4189
the annual request for the provider payment initiative authorized 4190
under 42 CFR Section 438.6(c) in an amount equal to or greater 4191
than the estimated annual payment to be made to the border city 4192
university-affiliated pediatric teaching hospital. The estimate 4193
shall be based on the hospital's prior year Mississippi managed 4194
care utilization. 4195
(b) As used in this paragraph (60), the term 4196
"border city university-affiliated pediatric teaching hospital" 4197
means an out-of-state hospital located within a city bordering the 4198
eastern bank of the Mississippi River and the State of Mississippi 4199
that submits to the division a copy of a current and effective 4200
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affiliation agreement with an accredited university and other 4201
documentation establishing that the hospital is 4202
university-affiliated, is licensed and designated as a pediatric 4203
hospital or pediatric primary hospital within its home state, 4204
maintains at least five (5) different pediatric specialty training 4205
programs, and maintains at least one hundred (100) operated beds 4206
dedicated exclusively for the treatment of patients under the age 4207
of twenty-one (21) years. 4208
(c) The cost of providing services to Mississippi 4209
Medicaid beneficiaries under the age of twenty-one (21) years who 4210
are treated by a border city university-affiliated pediatric 4211
teaching hospital shall not exceed the cost of providing the same 4212
services to individuals in hospitals in the state. 4213
(d) It is the intent of the Legislature that 4214
payments shall not result in any in-state hospital receiving 4215
payments lower than they would otherwise receive if not for the 4216
payments made to any border city university-affiliated pediatric 4217
teaching hospital. 4218
(e) This paragraph (60) shall stand repealed on 4219
July 1, 2024. 4220
(61) Services described in Section 41-140-3 that are 4221
provided by certified community health workers employed and 4222
supervised by a Medicaid provider. Reimbursement for these 4223
services shall be provided only if the division has received 4224
approval from the Centers for Medicare and Medicaid Services for a 4225
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state plan amendment, waiver or alternative payment model for 4226
services delivered by certified community health workers. 4227
(B) Planning and development districts participating in the 4228
home- and community-based services program for the elderly and 4229
disabled as case management providers shall be reimbursed for case 4230
management services at the maximum rate approved by the Centers 4231
for Medicare and Medicaid Services (CMS). 4232
(C) The division may pay to those providers who participate 4233
in and accept patient referrals from the division's emergency room 4234
redirection program a percentage, as determined by the division, 4235
of savings achieved according to the performance measures and 4236
reduction of costs required of that program. Federally qualified 4237
health centers may participate in the emergency room redirection 4238
program, and the division may pay those centers a percentage of 4239
any savings to the Medicaid program achieved by the centers' 4240
accepting patient referrals through the program, as provided in 4241
this subsection (C). 4242
(D) (1) As used in this subsection (D), the following terms 4243
shall be defined as provided in this paragraph, except as 4244
otherwise provided in this subsection: 4245
(a) "Committees" means the Medicaid Committees of 4246
the House of Representatives and the Senate, and "committee" means 4247
either one of those committees. 4248
(b) "Rate change" means an increase, decrease or 4249
other change in the payments or rates of reimbursement, or a 4250
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change in any payment methodology that results in an increase, 4251
decrease or other change in the payments or rates of 4252
reimbursement, to any Medicaid provider that renders any services 4253
authorized to be provided to Medicaid recipients under this 4254
article. 4255
(2) Whenever the Division of Medicaid proposes a rate 4256
change, the division shall give notice to the chairmen of the 4257
committees at least thirty (30) calendar days before the proposed 4258
rate change is scheduled to take effect. The division shall 4259
furnish the chairmen with a concise summary of each proposed rate 4260
change along with the notice, and shall furnish the chairmen with 4261
a copy of any proposed rate change upon request. The division 4262
also shall provide a summary and copy of any proposed rate change 4263
to any other member of the Legislature upon request. 4264
(3) If the chairman of either committee or both 4265
chairmen jointly object to the proposed rate change or any part 4266
thereof, the chairman or chairmen shall notify the division and 4267
provide the reasons for their objection in writing not later than 4268
seven (7) calendar days after receipt of the notice from the 4269
division. The chairman or chairmen may make written 4270
recommendations to the division for changes to be made to a 4271
proposed rate change. 4272
(4) (a) The chairman of either committee or both 4273
chairmen jointly may hold a committee meeting to review a proposed 4274
rate change. If either chairman or both chairmen decide to hold a 4275
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meeting, they shall notify the division of their intention in 4276
writing within seven (7) calendar days after receipt of the notice 4277
from the division, and shall set the date and time for the meeting 4278
in their notice to the division, which shall not be later than 4279
fourteen (14) calendar days after receipt of the notice from the 4280
division. 4281
(b) After the committee meeting, the committee or 4282
committees may object to the proposed rate change or any part 4283
thereof. The committee or committees shall notify the division 4284
and the reasons for their objection in writing not later than 4285
seven (7) calendar days after the meeting. The committee or 4286
committees may make written recommendations to the division for 4287
changes to be made to a proposed rate change. 4288
(5) If both chairmen notify the division in writing 4289
within seven (7) calendar days after receipt of the notice from 4290
the division that they do not object to the proposed rate change 4291
and will not be holding a meeting to review the proposed rate 4292
change, the proposed rate change will take effect on the original 4293
date as scheduled by the division or on such other date as 4294
specified by the division. 4295
(6) (a) If there are any objections to a proposed rate 4296
change or any part thereof from either or both of the chairmen or 4297
the committees, the division may withdraw the proposed rate 4298
change, make any of the recommended changes to the proposed rate 4299
change, or not make any changes to the proposed rate change. 4300
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(b) If the division does not make any changes to 4301
the proposed rate change, it shall notify the chairmen of that 4302
fact in writing, and the proposed rate change shall take effect on 4303
the original date as scheduled by the division or on such other 4304
date as specified by the division. 4305
(c) If the division makes any changes to the 4306
proposed rate change, the division shall notify the chairmen of 4307
its actions in writing, and the revised proposed rate change shall 4308
take effect on the date as specified by the division. 4309
(7) Nothing in this subsection (D) shall be construed 4310
as giving the chairmen or the committees any authority to veto, 4311
nullify or revise any rate change proposed by the division. The 4312
authority of the chairmen or the committees under this subsection 4313
shall be limited to reviewing, making objections to and making 4314
recommendations for changes to rate changes proposed by the 4315
division. 4316
(E) Notwithstanding any provision of this article, no new 4317
groups or categories of recipients and new types of care and 4318
services may be added without enabling legislation from the 4319
Mississippi Legislature, except that the division may authorize 4320
those changes without enabling legislation when the addition of 4321
recipients or services is ordered by a court of proper authority. 4322
(F) The executive director shall keep the Governor advised 4323
on a timely basis of the funds available for expenditure and the 4324
projected expenditures. Notwithstanding any other provisions of 4325
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this article, if current or projected expenditures of the division 4326
are reasonably anticipated to exceed the amount of funds 4327
appropriated to the division for any fiscal year, the Governor, 4328
after consultation with the executive director, shall take all 4329
appropriate measures to reduce costs, which may include, but are 4330
not limited to: 4331
(1) Reducing or discontinuing any or all services that 4332
are deemed to be optional under Title XIX of the Social Security 4333
Act; 4334
(2) Reducing reimbursement rates for any or all service 4335
types; 4336
(3) Imposing additional assessments on health care 4337
providers; or 4338
(4) Any additional cost-containment measures deemed 4339
appropriate by the Governor. 4340
To the extent allowed under federal law, any reduction to 4341
services or reimbursement rates under this subsection (F) shall be 4342
accompanied by a reduction, to the fullest allowable amount, to 4343
the profit margin and administrative fee portions of capitated 4344
payments to organizations described in paragraph (1) of subsection 4345
(H). 4346
Beginning in fiscal year 2010 and in fiscal years thereafter, 4347
when Medicaid expenditures are projected to exceed funds available 4348
for the fiscal year, the division shall submit the expected 4349
shortfall information to the PEER Committee not later than 4350
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December 1 of the year in which the shortfall is projected to 4351
occur. PEER shall review the computations of the division and 4352
report its findings to the Legislative Budget Office not later 4353
than January 7 in any year. 4354
(G) Notwithstanding any other provision of this article, it 4355
shall be the duty of each provider participating in the Medicaid 4356
program to keep and maintain books, documents and other records as 4357
prescribed by the Division of Medicaid in accordance with federal 4358
laws and regulations. 4359
(H) (1) Notwithstanding any other provision of this 4360
article, the division is authorized to implement (a) a managed 4361
care program, (b) a coordinated care program, (c) a coordinated 4362
care organization program, (d) a health maintenance organization 4363
program, (e) a patient-centered medical home program, (f) an 4364
accountable care organization program, (g) provider-sponsored 4365
health plan, or (h) any combination of the above programs. As a 4366
condition for the approval of any program under this subsection 4367
(H)(1), the division shall require that no managed care program, 4368
coordinated care program, coordinated care organization program, 4369
health maintenance organization program, or provider-sponsored 4370
health plan may: 4371
(a) Pay providers at a rate that is less than the 4372
Medicaid All Patient Refined Diagnosis Related Groups (APR-DRG) 4373
reimbursement rate; 4374
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(b) Override the medical decisions of hospital 4375
physicians or staff regarding patients admitted to a hospital for 4376
an emergency medical condition as defined by 42 US Code Section 4377
1395dd. This restriction (b) does not prohibit the retrospective 4378
review of the appropriateness of the determination that an 4379
emergency medical condition exists by chart review or coding 4380
algorithm, nor does it prohibit prior authorization for 4381
nonemergency hospital admissions; 4382
(c) Pay providers at a rate that is less than the 4383
normal Medicaid reimbursement rate. It is the intent of the 4384
Legislature that all managed care entities described in this 4385
subsection (H), in collaboration with the division, develop and 4386
implement innovative payment models that incentivize improvements 4387
in health care quality, outcomes, or value, as determined by the 4388
division. Participation in the provider network of any managed 4389
care, coordinated care, provider-sponsored health plan, or similar 4390
contractor shall not be conditioned on the provider's agreement to 4391
accept such alternative payment models; 4392
(d) Implement a prior authorization and 4393
utilization review program for medical services, transportation 4394
services and prescription drugs that is more stringent than the 4395
prior authorization processes used by the division in its 4396
administration of the Medicaid program. Not later than December 4397
2, 2021, the contractors that are receiving capitated payments 4398
under a managed care delivery system established under this 4399
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subsection (H) shall submit a report to the Chairmen of the House 4400
and Senate Medicaid Committees on the status of the prior 4401
authorization and utilization review program for medical services, 4402
transportation services and prescription drugs that is required to 4403
be implemented under this subparagraph (d); 4404
(e) [Deleted] 4405
(f) Implement a preferred drug list that is more 4406
stringent than the mandatory preferred drug list established by 4407
the division under subsection (A)(9) of this section; 4408
(g) Implement a policy which denies beneficiaries 4409
with hemophilia access to the federally funded hemophilia 4410
treatment centers as part of the Medicaid Managed Care network of 4411
providers. 4412
Each health maintenance organization, coordinated care 4413
organization, provider-sponsored health plan, or other 4414
organization paid for services on a capitated basis by the 4415
division under any managed care program or coordinated care 4416
program implemented by the division under this section shall use a 4417
clear set of level of care guidelines in the determination of 4418
medical necessity and in all utilization management practices, 4419
including the prior authorization process, concurrent reviews, 4420
retrospective reviews and payments, that are consistent with 4421
widely accepted professional standards of care. Organizations 4422
participating in a managed care program or coordinated care 4423
program implemented by the division may not use any additional 4424
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criteria that would result in denial of care that would be 4425
determined appropriate and, therefore, medically necessary under 4426
those levels of care guidelines. 4427
(2) Notwithstanding any provision of this section, the 4428
recipients eligible for enrollment into a Medicaid Managed Care 4429
Program authorized under this subsection (H) may include only 4430
those categories of recipients eligible for participation in the 4431
Medicaid Managed Care Program as of January 1, 2021, the 4432
Children's Health Insurance Program (CHIP), and the CMS-approved 4433
Section 1115 demonstration waivers in operation as of January 1, 4434
2021. No expansion of Medicaid Managed Care Program contracts may 4435
be implemented by the division without enabling legislation from 4436
the Mississippi Legislature. 4437
(3) (a) Any contractors receiving capitated payments 4438
under a managed care delivery system established in this section 4439
shall provide to the Legislature and the division statistical data 4440
to be shared with provider groups in order to improve patient 4441
access, appropriate utilization, cost savings and health outcomes 4442
not later than October 1 of each year. Additionally, each 4443
contractor shall disclose to the Chairmen of the Senate and House 4444
Medicaid Committees the administrative expenses costs for the 4445
prior calendar year, and the number of full-equivalent employees 4446
located in the State of Mississippi dedicated to the Medicaid and 4447
CHIP lines of business as of June 30 of the current year. 4448
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(b) The division and the contractors participating 4449
in the managed care program, a coordinated care program or a 4450
provider-sponsored health plan shall be subject to annual program 4451
reviews or audits performed by the Office of the State Auditor, 4452
the PEER Committee, the Department of Insurance and/or independent 4453
third parties. 4454
(c) Those reviews shall include, but not be 4455
limited to, at least two (2) of the following items: 4456
(i) The financial benefit to the State of 4457
Mississippi of the managed care program, 4458
(ii) The difference between the premiums paid 4459
to the managed care contractors and the payments made by those 4460
contractors to health care providers, 4461
(iii) Compliance with performance measures 4462
required under the contracts, 4463
(iv) Administrative expense allocation 4464
methodologies, 4465
(v) Whether nonprovider payments assigned as 4466
medical expenses are appropriate, 4467
(vi) Capitated arrangements with related 4468
party subcontractors, 4469
(vii) Reasonableness of corporate 4470
allocations, 4471
(viii) Value-added benefits and the extent to 4472
which they are used, 4473
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(ix) The effectiveness of subcontractor 4474
oversight, including subcontractor review, 4475
(x) Whether health care outcomes have been 4476
improved, and 4477
(xi) The most common claim denial codes to 4478
determine the reasons for the denials. 4479
The audit reports shall be considered public documents and 4480
shall be posted in their entirety on the division's website. 4481
(4) All health maintenance organizations, coordinated 4482
care organizations, provider-sponsored health plans, or other 4483
organizations paid for services on a capitated basis by the 4484
division under any managed care program or coordinated care 4485
program implemented by the division under this section shall 4486
reimburse all providers in those organizations at rates no lower 4487
than those provided under this section for beneficiaries who are 4488
not participating in those programs. 4489
(5) No health maintenance organization, coordinated 4490
care organization, provider-sponsored health plan, or other 4491
organization paid for services on a capitated basis by the 4492
division under any managed care program or coordinated care 4493
program implemented by the division under this section shall 4494
require its providers or beneficiaries to use any pharmacy that 4495
ships, mails or delivers prescription drugs or legend drugs or 4496
devices. 4497
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(6) (a) Not later than December 1, 2021, the 4498
contractors who are receiving capitated payments under a managed 4499
care delivery system established under this subsection (H) shall 4500
develop and implement a uniform credentialing process for 4501
providers. Under that uniform credentialing process, a provider 4502
who meets the criteria for credentialing will be credentialed with 4503
all of those contractors and no such provider will have to be 4504
separately credentialed by any individual contractor in order to 4505
receive reimbursement from the contractor. Not later than 4506
December 2, 2021, those contractors shall submit a report to the 4507
Chairmen of the House and Senate Medicaid Committees on the status 4508
of the uniform credentialing process for providers that is 4509
required under this subparagraph (a). 4510
(b) If those contractors have not implemented a 4511
uniform credentialing process as described in subparagraph (a) by 4512
December 1, 2021, the division shall develop and implement, not 4513
later than July 1, 2022, a single, consolidated credentialing 4514
process by which all providers will be credentialed. Under the 4515
division's single, consolidated credentialing process, no such 4516
contractor shall require its providers to be separately 4517
credentialed by the contractor in order to receive reimbursement 4518
from the contractor, but those contractors shall recognize the 4519
credentialing of the providers by the division's credentialing 4520
process. 4521
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(c) The division shall require a uniform provider 4522
credentialing application that shall be used in the credentialing 4523
process that is established under subparagraph (a) or (b). If the 4524
contractor or division, as applicable, has not approved or denied 4525
the provider credentialing application within sixty (60) days of 4526
receipt of the completed application that includes all required 4527
information necessary for credentialing, then the contractor or 4528
division, upon receipt of a written request from the applicant and 4529
within five (5) business days of its receipt, shall issue a 4530
temporary provider credential/enrollment to the applicant if the 4531
applicant has a valid Mississippi professional or occupational 4532
license to provide the health care services to which the 4533
credential/enrollment would apply. The contractor or the division 4534
shall not issue a temporary credential/enrollment if the applicant 4535
has reported on the application a history of medical or other 4536
professional or occupational malpractice claims, a history of 4537
substance abuse or mental health issues, a criminal record, or a 4538
history of medical or other licensing board, state or federal 4539
disciplinary action, including any suspension from participation 4540
in a federal or state program. The temporary 4541
credential/enrollment shall be effective upon issuance and shall 4542
remain in effect until the provider's credentialing/enrollment 4543
application is approved or denied by the contractor or division. 4544
The contractor or division shall render a final decision regarding 4545
credentialing/enrollment of the provider within sixty (60) days 4546
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from the date that the temporary provider credential/enrollment is 4547
issued to the applicant. 4548
(d) If the contractor or division does not render 4549
a final decision regarding credentialing/enrollment of the 4550
provider within the time required in subparagraph (c), the 4551
provider shall be deemed to be credentialed by and enrolled with 4552
all of the contractors and eligible to receive reimbursement from 4553
the contractors. 4554
(7) (a) Each contractor that is receiving capitated 4555
payments under a managed care delivery system established under 4556
this subsection (H) shall provide to each provider for whom the 4557
contractor has denied the coverage of a procedure that was ordered 4558
or requested by the provider for or on behalf of a patient, a 4559
letter that provides a detailed explanation of the reasons for the 4560
denial of coverage of the procedure and the name and the 4561
credentials of the person who denied the coverage. The letter 4562
shall be sent to the provider in electronic format. 4563
(b) After a contractor that is receiving capitated 4564
payments under a managed care delivery system established under 4565
this subsection (H) has denied coverage for a claim submitted by a 4566
provider, the contractor shall issue to the provider within sixty 4567
(60) days a final ruling of denial of the claim that allows the 4568
provider to have a state fair hearing and/or agency appeal with 4569
the division. If a contractor does not issue a final ruling of 4570
denial within sixty (60) days as required by this subparagraph 4571
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(b), the provider's claim shall be deemed to be automatically 4572
approved and the contractor shall pay the amount of the claim to 4573
the provider. 4574
(c) After a contractor has issued a final ruling 4575
of denial of a claim submitted by a provider, the division shall 4576
conduct a state fair hearing and/or agency appeal on the matter of 4577
the disputed claim between the contractor and the provider within 4578
sixty (60) days, and shall render a decision on the matter within 4579
thirty (30) days after the date of the hearing and/or appeal. 4580
(8) It is the intention of the Legislature that the 4581
division evaluate the feasibility of using a single vendor to 4582
administer pharmacy benefits provided under a managed care 4583
delivery system established under this subsection (H). Providers 4584
of pharmacy benefits shall cooperate with the division in any 4585
transition to a carve-out of pharmacy benefits under managed care. 4586
(9) The division shall evaluate the feasibility of 4587
using a single vendor to administer dental benefits provided under 4588
a managed care delivery system established in this subsection (H). 4589
Providers of dental benefits shall cooperate with the division in 4590
any transition to a carve-out of dental benefits under managed 4591
care. 4592
(10) It is the intent of the Legislature that any 4593
contractor receiving capitated payments under a managed care 4594
delivery system established in this section shall implement 4595
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innovative programs to improve the health and well-being of 4596
members diagnosed with prediabetes and diabetes. 4597
(11) It is the intent of the Legislature that any 4598
contractors receiving capitated payments under a managed care 4599
delivery system established under this subsection (H) shall work 4600
with providers of Medicaid services to improve the utilization of 4601
long-acting reversible contraceptives (LARCs). Not later than 4602
December 1, 2021, any contractors receiving capitated payments 4603
under a managed care delivery system established under this 4604
subsection (H) shall provide to the Chairmen of the House and 4605
Senate Medicaid Committees and House and Senate Public Health 4606
Committees a report of LARC utilization for State Fiscal Years 4607
2018 through 2020 as well as any programs, initiatives, or efforts 4608
made by the contractors and providers to increase LARC 4609
utilization. This report shall be updated annually to include 4610
information for subsequent state fiscal years. 4611
(12) The division is authorized to make not more than 4612
one (1) emergency extension of the contracts that are in effect on 4613
July 1, 2021, with contractors who are receiving capitated 4614
payments under a managed care delivery system established under 4615
this subsection (H), as provided in this paragraph (12). The 4616
maximum period of any such extension shall be one (1) year, and 4617
under any such extensions, the contractors shall be subject to all 4618
of the provisions of this subsection (H). The extended contracts 4619
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shall be revised to incorporate any provisions of this subsection 4620
(H). 4621
(I) [Deleted] 4622
(J) There shall be no cuts in inpatient and outpatient 4623
hospital payments, or allowable days or volumes, as long as the 4624
hospital assessment provided in Section 43-13-145 is in effect. 4625
This subsection (J) shall not apply to decreases in payments that 4626
are a result of: reduced hospital admissions, audits or payments 4627
under the APR-DRG or APC models, or a managed care program or 4628
similar model described in subsection (H) of this section. 4629
(K) In the negotiation and execution of such contracts 4630
involving services performed by actuarial firms, the Executive 4631
Director of the Division of Medicaid may negotiate a limitation on 4632
liability to the state of prospective contractors. 4633
(L) The Division of Medicaid shall reimburse for services 4634
provided to eligible Medicaid beneficiaries by a licensed birthing 4635
center in a method and manner to be determined by the division in 4636
accordance with federal laws and federal regulations. The 4637
division shall seek any necessary waivers, make any required 4638
amendments to its State Plan or revise any contracts authorized 4639
under subsection (H) of this section as necessary to provide the 4640
services authorized under this subsection. As used in this 4641
subsection, the term "birthing centers" shall have the meaning as 4642
defined in Section 41-77-1(a), which is a publicly or privately 4643
owned facility, place or institution constructed, renovated, 4644
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leased or otherwise established where nonemergency births are 4645
planned to occur away from the mother's usual residence following 4646
a documented period of prenatal care for a normal uncomplicated 4647
pregnancy which has been determined to be low risk through a 4648
formal risk-scoring examination. 4649
(M) This section shall stand repealed on July 1, 2028. 4650
SECTION 45. Section 43-18-1, Mississippi Code of 1972, is 4651
amended as follows: 4652
43-18-1. The Governor, on behalf of this state, is * * * 4653
authorized to execute a compact in substantially the following 4654
form with all other jurisdictions legally joining therein; and the 4655
Legislature * * * signifies in advance its approval and 4656
ratification of such compact, which compact is as follows: 4657
INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN 4658
ARTICLE I. 4659
It is the purpose and policy of the party states to 4660
cooperate with each other in the interstate placement of children 4661
to the end that: 4662
(a) Each child requiring placement shall receive the 4663
maximum opportunity to be placed in a suitable environment and 4664
with persons or institutions having appropriate qualifications and 4665
facilities to provide a necessary and desirable degree and type of 4666
care. 4667
(b) The appropriate authorities in a state where a 4668
child is to be placed may have full opportunity to ascertain the 4669
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circumstances of the proposed placement, thereby promoting full 4670
compliance with applicable requirements for the protection of the 4671
child. 4672
(c) The proper authorities of the state from which the 4673
placement is made may obtain the most complete information on the 4674
basis on which to evaluate a projected placement before it is 4675
made. 4676
(d) Appropriate jurisdictional arrangements for the 4677
care of children will be promoted. 4678
ARTICLE II. 4679
As used in this compact: 4680
(a) "Child" means a person who, by reason of minority, 4681
is legally subject to parental, guardianship or similar control. 4682
(b) "Sending agency" means a party state, officer or 4683
employee thereof; a subdivision of a party state, or officer or 4684
employee thereof; a court of a party state; a person, corporation, 4685
association, charitable agency or other entity which sends, brings 4686
or causes to be sent or brought any child to another party state. 4687
(c) "Receiving state" means the state to which a child 4688
is sent, brought, or caused to be sent or brought, whether by 4689
public authorities or private persons or agencies and whether for 4690
placement with state or local public authorities or for placement 4691
with private agencies or persons. 4692
(d) "Placement" means the arrangement for the care of a 4693
child in a family free or boarding home or in a child-caring 4694
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agency or institution, but does not include any institution caring 4695
for * * * persons with mental illness or persons with an 4696
intellectual disability or any institution primarily educational 4697
in character, and any hospital or other medical facility. 4698
ARTICLE III. 4699
(a) No sending agency shall send, bring or cause to be 4700
sent or brought into any other party state any child for placement 4701
in foster care or as a preliminary to a possible adoption unless 4702
the sending agency shall comply with each and every requirement 4703
set forth in this article and with the applicable laws of the 4704
receiving state governing the placement of children therein. 4705
(b) Prior to sending, bringing or causing any child to 4706
be sent or brought into a receiving state for placement in foster 4707
care or as a preliminary to a possible adoption, the sending 4708
agency shall furnish the appropriate public authorities in the 4709
receiving state written notice of the intention to send, bring or 4710
place the child in the receiving state. The notice shall contain: 4711
(1) The name, date and place of birth of the 4712
child. 4713
(2) The identity and address or addresses of the 4714
parents or legal guardian. 4715
(3) The name and address of the person, agency or 4716
institution to or with which the sending agency proposes to send, 4717
bring or place the child. 4718
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(4) A full statement of the reasons for such 4719
proposed action and evidence of the authority pursuant to which 4720
the placement is proposed to be made. 4721
(c) Any public officer or agency in a receiving state 4722
which is in receipt of a notice pursuant to paragraph (b) of this 4723
article may request of the sending agency, or any other 4724
appropriate officer or agency of or in the sending agency's state, 4725
and shall be entitled to receive therefrom, such supporting or 4726
additional information as it may deem necessary under the 4727
circumstances to carry out the purpose and policy of this compact. 4728
(d) The child shall not be sent, brought or caused to 4729
be sent or brought into the receiving state until the appropriate 4730
public authorities in the receiving state shall notify the sending 4731
agency, in writing, to the effect that the proposed placement does 4732
not appear to be contrary to the interests of the child. 4733
ARTICLE IV. 4734
The sending, bringing or causing to be sent or brought into 4735
any receiving state of a child in violation of the terms of this 4736
compact shall constitute a violation of the laws respecting the 4737
placement of children of both the state in which the sending 4738
agency is located or from which it sends or brings the child and 4739
of the receiving state. Such violation may be punished or 4740
subjected to penalty in either jurisdiction in accordance with its 4741
laws. In addition to liability for any such punishment or 4742
penalty, any such violation shall constitute full and sufficient 4743
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grounds for the suspension or revocation of any license, permit or 4744
other legal authorization held by the sending agency which 4745
empowers or allows it to place or care for children. 4746
ARTICLE V. 4747
(a) The sending agency shall retain jurisdiction over 4748
the child sufficient to determine all matters in relation to the 4749
custody, supervision, care, treatment and disposition of the child 4750
which it would have had if the child had remained in the sending 4751
agency's state, until the child is adopted, reaches majority, 4752
becomes self-supporting or is discharged with the concurrence of 4753
the appropriate authority in the receiving state. Such 4754
jurisdiction shall also include the power to effect or cause the 4755
return of the child or its transfer to another location and 4756
custody pursuant to law. The sending agency shall continue to 4757
have financial responsibility for support and maintenance of the 4758
child during the period of the placement. Nothing contained 4759
herein shall defeat a claim of jurisdiction by a receiving state 4760
sufficient to deal with an act of delinquency or crime committed 4761
therein. 4762
(b) When the sending agency is a public agency, it may 4763
enter into an agreement with an authorized public or private 4764
agency in the receiving state providing for the performance of one 4765
or more services in respect of such case by the latter as agent 4766
for the sending agency. 4767
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(c) Nothing in this compact shall be construed to 4768
prevent a private charitable agency authorized to place children 4769
in the receiving state from performing services or acting as agent 4770
in that state for a private charitable agency of the sending 4771
state; nor to prevent the agency in the receiving state from 4772
discharging financial responsibility for the support and 4773
maintenance of a child who has been placed on behalf of the 4774
sending agency without relieving the responsibility set forth in 4775
paragraph (a) hereof. 4776
ARTICLE VI. 4777
A child adjudicated delinquent may be placed in an 4778
institution in another party jurisdiction pursuant to this 4779
compact, but no such placement shall be made unless the child is 4780
given a court hearing on notice to the parent or guardian with 4781
opportunity to be heard, prior to his being sent to such other 4782
party jurisdiction for institutional care and the court finds 4783
that: 4784
(1) Equivalent facilities for the child are not 4785
available in the sending agency's jurisdiction; and 4786
(2) Institutional care in the other jurisdiction 4787
is in the best interest of the child and will not produce undue 4788
hardship. 4789
ARTICLE VII. 4790
The executive head of each jurisdiction party to this compact 4791
shall designate an officer who shall be general coordinator of 4792
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activities under this compact in his jurisdiction and who, acting 4793
jointly with like officers of other party jurisdictions, shall 4794
have power to promulgate rules and regulations to carry out more 4795
effectively the terms and provisions of this compact. 4796
ARTICLE VIII. 4797
This compact shall not apply to: 4798
(a) The sending or bringing of a child into a receiving 4799
state by his parent, stepparent, grandparent, adult brother or 4800
sister, adult uncle or aunt, or his guardian and leaving the child 4801
with any such relative or nonagency guardian in the receiving 4802
state. 4803
(b) Any placement, sending or bringing of a child into 4804
a receiving state pursuant to any other interstate compact to 4805
which both the state from which the child is sent or brought and 4806
the receiving state are party, or to any other agreement 4807
between * * * those states which has the force of law. 4808
ARTICLE IX. 4809
This compact shall be open to joinder by any state, territory 4810
or possession of the United States, the District of Columbia, the 4811
Commonwealth of Puerto Rico, and, with the consent of Congress, 4812
the government of Canada or any province thereof. It shall become 4813
effective with respect to any such jurisdiction when such 4814
jurisdiction has enacted the same into law. Withdrawal from this 4815
compact shall be by the enactment of a statute repealing the same, 4816
but shall not take effect until written notice of the withdrawal 4817
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has been given by the withdrawing state to the Governor of each 4818
other party jurisdiction. Withdrawal of a party state shall not 4819
affect the rights, duties and obligations under this compact of 4820
any sending agency therein with respect to a placement made prior 4821
to the effective date of withdrawal. 4822
ARTICLE X. 4823
The provisions of this compact shall be liberally construed 4824
to effectuate the purposes thereof. The provisions of this 4825
compact shall be severable and if any phrase, clause, sentence or 4826
provision of this compact is declared to be contrary to the 4827
constitution of any party state or of the United States or the 4828
applicability thereof to any government, agency, person or 4829
circumstance is held invalid, the validity of the remainder of 4830
this compact and the applicability thereof to any government, 4831
agency, person or circumstance shall not be affected thereby. If 4832
this compact shall be held contrary to the constitution of any 4833
state party thereto, the compact shall remain in full force and 4834
effect as to the remaining states and in full force and effect as 4835
to the state affected as to all severable matters. 4836
SECTION 46. Section 43-27-25, Mississippi Code of 1972, is 4837
amended as follows: 4838
43-27-25. No person shall be committed to an institution 4839
under the control of the Department of Youth Services who is 4840
seriously * * * disabled by having mental illness or an 4841
intellectual disability. If after a person is referred to the 4842
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training schools it is determined that he has mental illness or an 4843
intellectual disability to an extent that he could not be properly 4844
cared for in its custody, the director may institute necessary 4845
legal action to accomplish the transfer of such person to such 4846
other state institution as, in his judgment, is best qualified to 4847
care for him in accordance with the laws of this state. The 4848
department shall establish standards with regard to the physical 4849
and mental health of persons which it can accept for commitment. 4850
SECTION 47. Section 43-33-703, Mississippi Code of 1972, is 4851
amended as follows: 4852
43-33-703. For the purposes of this article, the following 4853
words shall have the meanings ascribed herein unless the context 4854
clearly requires otherwise: 4855
(a) "Bonds" or "notes" means the bonds or notes, 4856
respectively, issued by the corporation pursuant to this article; 4857
(b) "Corporation" means the Mississippi Home 4858
Corporation; 4859
(c) "Energy conservation loan" means a mortgage loan 4860
made to a person of low or moderate income to finance improvements 4861
made or to be made to the residential housing owned and occupied 4862
by such person for the purposes of conserving energy and reducing 4863
the energy costs attributable to such residential housing, and 4864
containing such terms and conditions as the corporation may 4865
require; 4866
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(d) "Housing development mortgage loan" means a 4867
mortgage loan made to finance or refinance the acquisition, 4868
construction or substantial rehabilitation of a housing 4869
development, including both construction loans and permanent 4870
loans; 4871
(e) "Housing development" means any specific work 4872
located within the state and made available to persons of low or 4873
moderate income for rental or residential housing purposes, 4874
including any building, land, equipment, facility or other real or 4875
personal property which may be necessary, convenient or desirable 4876
in connection therewith including streets, sewers, water and 4877
utility services; 4878
(f) "Mortgage" means a mortgage, mortgage deed or deed 4879
of trust on a fee interest in residential housing or a rental 4880
housing development or, on real property in which the fee interest 4881
is owned without limitation by a unit of government or other 4882
entity created by statute, a leasehold on such a fee interest of a 4883
duration satisfactory to the corporation, which shall in all 4884
events exceed the term of the security interest created by the 4885
mortgagee; 4886
(g) "Mortgage lender" means any bank, bank or trust 4887
company, trust company, mortgage company, mortgage banker, 4888
national banking association, savings bank, savings and loan 4889
association, building and loan association, and any other lending 4890
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institution; * * * such lender * * * must be domiciled or 4891
qualified to do business in this state; 4892
(h) "Mortgage loan" means a financial obligation 4893
secured by a mortgage, including any portion thereof or 4894
participation therein in any new or existing mortgage loan; 4895
(i) "Municipality" means any county, city, town or 4896
village of the state; 4897
(j) "Persons of low or moderate income" means persons 4898
or families, irrespective of race, color, national origin, sex, 4899
religion, age or * * * disability, within the state, who are 4900
determined by the corporation to require such assistance as is 4901
made available pursuant to this article on account of insufficient 4902
personal or family income to reasonably afford decent, safe and 4903
sanitary residential or rental housing, taking into consideration, 4904
without limitation, such factors as the following: (i) the amount 4905
of the total income of such persons and families available for 4906
housing needs; (ii) the size of the family; (iii) the cost and 4907
condition of residential or rental housing facilities in their 4908
locality or in an area reasonably accessible to such locality; 4909
(iv) the ability of such persons and families to compete 4910
successfully in the normal, private residential or rental housing 4911
market and to pay the amounts for which private enterprise is 4912
providing sanitary, decent and safe residential or rental housing 4913
in their locality or in an area reasonably accessible to such 4914
locality; (v) the standards established by various programs of the 4915
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federal government for determining eligibility based on income of 4916
such persons and families and, in the case of projects with 4917
respect to which income limits have been established by any agency 4918
of the federal government having jurisdiction thereover for the 4919
purpose of defining eligibility of low and moderate income 4920
families, the corporation may determine that the limits so 4921
established shall govern; in all other cases income limits for the 4922
purpose of defining low or moderate income persons shall be 4923
established by the corporation in its rules and regulations; 4924
(k) "Qualified sponsors" means any person, corporation, 4925
partnership or association, profit or nonprofit, public or 4926
private, which provides or develops residential or rental housing 4927
for low and moderate income families; 4928
(l) "Residential housing" means a specific work or 4929
improvement undertaken to provide an owner-occupied residence 4930
within the state, which shall become the principal residence of 4931
the owner within a reasonable time after the financing is 4932
provided; 4933
(m) "State" means the State of Mississippi; 4934
(n) "State agency" means any board, authority, agency, 4935
department, commission, public corporation, body politic or 4936
instrumentality of the state; 4937
(o) "Local housing authority" or "regional housing 4938
authority" means a public body corporate and politic organized and 4939
operating pursuant to this chapter, as amended, or a nonprofit 4940
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corporation organized under the laws of the State of Mississippi 4941
and designated by the United States Department of Housing and 4942
Urban Development as a public housing agency within the meaning of 4943
Section 3(6) of the United States Housing Act of 1937, as amended. 4944
SECTION 48. Section 43-33-717, Mississippi Code of 1972, is 4945
amended as follows: 4946
43-33-717. (1) The corporation shall have all the powers 4947
necessary or convenient to carry out and effectuate the purposes 4948
and provisions of this article, including, but without limiting 4949
the generality of the foregoing, the power: 4950
(a) To make and alter bylaws for its organization and 4951
internal management; 4952
(b) To sue and be sued, have a seal and alter the same 4953
at pleasure, and maintain an office at such place or places in the 4954
state as it may determine; 4955
(c) To appoint officers, agents and employees, 4956
prescribe their duties and qualifications, and fix their 4957
compensation; 4958
(d) To acquire real or personal property, or any 4959
interest therein, by purchase, exchange, gift, assignment, 4960
transfer, foreclosure, lease, condemnation or otherwise, including 4961
rights or easements; to hold, manage, operate or improve real or 4962
personal property; to sell, assign, exchange, lease, encumber, 4963
mortgage or otherwise dispose of any real or personal property, or 4964
any interest therein, or deed of trust or mortgage lien interest 4965
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owned by it or under its control, custody or in its possession and 4966
release or relinquish any right, title, claim, lien, interest, 4967
easement or demand however acquired, including any equity or right 4968
of redemption in property foreclosed by it and to do any of the 4969
foregoing by public sale; 4970
(e) To make and execute agreements, contracts and other 4971
instruments necessary or convenient to the exercise of the powers 4972
and functions of the corporation under this article; 4973
(f) To employ or contract with architects, engineers, 4974
attorneys, accountants, financial experts and other advisors as 4975
may be necessary in its judgment and to fix and pay their 4976
compensation; 4977
(g) To make and execute contracts for the 4978
administration, servicing or collection of any mortgage loan and 4979
pay the reasonable value of services rendered to the corporation 4980
pursuant to such contracts; 4981
(h) To contract for the employment of a financial 4982
advisor, underwriting attorneys, trustees, paying agents, 4983
depositories or any consultants retained in connection with the 4984
issuance of any bonds or notes including refunding bonds or notes 4985
or dealing with the disposition of any proceeds thereof; 4986
(i) To issue negotiable bonds and notes and to provide 4987
for the rights of the holders thereof; 4988
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(j) Subject to any agreement with bondholders or 4989
noteholders, to sell any mortgage loans at public or private sale 4990
at the fair market value for such a mortgage; and 4991
(k) Subject to any agreement with bondholders and 4992
noteholders, to make, alter or repeal such rules and regulations 4993
with respect to the operations, properties and facilities of the 4994
corporation as are necessary to carry out its functions and duties 4995
in the administration of this article. 4996
(2) The corporation shall also have the power: 4997
(a) To make loans to mortgage lenders for the purpose 4998
of: 4999
(i) Making housing development mortgage loans to 5000
qualified sponsors for low and moderate income rental or 5001
residential housing; 5002
(ii) Making loans to low and moderate income 5003
purchasers of residential housing with preference to those who are 5004
displaced from adequate housing as a result of a major disaster, 5005
whether it be a man-made, technological or natural disaster, upon 5006
a declaration by the Governor that a major disaster exists in the 5007
state; 5008
(b) To purchase from mortgage lenders any of the loans 5009
enumerated in subparagraphs (i) and (ii); 5010
(c) To insure, reinsure or guarantee any of the types 5011
of loans enumerated in subparagraphs (i) and (ii); 5012
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(d) To make, in such amounts and upon such terms and 5013
conditions as the corporation shall approve, temporary loans, 5014
preconstruction loans, interim financing loans to any qualified 5015
sponsor and permanent financing to any qualified sponsor of 5016
multifamily housing. 5017
(3) The corporation shall also have the power to make loans 5018
from funds not otherwise encumbered by pledge or indenture to low 5019
and moderate income persons for the following purposes: 5020
(a) Purchasing, improving or rehabilitating existing 5021
residential housing and occupied by the owners; 5022
(b) Making loans to qualified nonprofit sponsors, to 5023
local housing authorities and to owners of residential housing for 5024
the development, construction, purchase, rehabilitation, 5025
weatherization or maintenance of residential housing. 5026
(4) Using funds not otherwise encumbered by pledge or 5027
indenture, the corporation may: 5028
(a) Establish a rental assistance program; 5029
(b) Provide such advisory consultation, training and 5030
educational services as will assist in the planning, construction, 5031
rehabilitation and operation of housing, including but not limited 5032
to, assistance in community development and organization, home 5033
management and advisory services for residents, and in promotion 5034
of community organizations and local governments to assist in 5035
developing housing; 5036
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(c) Encourage research and demonstration projects to 5037
develop new and better methods for increasing the supply, types 5038
and financing of housing and to receive and accept contributions, 5039
grants or aid from any source, public or private, including but 5040
not limited to the United States and this state, for carrying out 5041
this purpose; 5042
(d) Encourage and stimulate cooperatives and other 5043
forms of housing with tenant participation; 5044
(e) Promote innovative programs for home ownership, 5045
including but not limited to lease-purchase programs, 5046
employer-sponsored housing programs, tenant cooperatives and 5047
nonprofit associations; 5048
(f) Design and support programs to address special 5049
needs groups including, but not limited to, * * * disabled, 5050
elderly, homeless, HIV/AIDS carriers and families with children; 5051
(g) Develop a comprehensive plan for, and engage in a 5052
yearly planning process for, addressing the housing needs of low 5053
and moderate income persons in Mississippi. 5054
(5) The corporation also has the power: 5055
(a) To procure, or require the procurement of, 5056
insurance against any loss in connection with its operations, 5057
including without limitation the repayment of any mortgage loan or 5058
loans, in such amounts and from such insurers, including the 5059
federal government, as it may deem necessary or desirable, and to 5060
pay any premiums therefor; 5061
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(b) Subject to any agreement with bondholders or 5062
noteholders: (i) to renegotiate any loan in default; (ii) to 5063
waive any default or consent to the modification of the terms of 5064
any loan or agreement; (iii) to commence, prosecute and enforce a 5065
judgment in any action or proceeding, including without limitation 5066
a foreclosure proceeding, to protect or enforce any right 5067
conferred upon it by law, mortgage loan agreement, contract or 5068
other agreement; and (iv) in connection with any such proceeding, 5069
to bid for and purchase the property or acquire or take possession 5070
thereof and, in such event, complete, administer and pay the 5071
principal of and interest on any obligations incurred in 5072
connection with such property and dispose of and otherwise deal 5073
with such property in such manner as the corporation may deem 5074
advisable to protect its interest therein; 5075
(c) To fix, revise, charge and collect fees and other 5076
charges in connection with the making of loans, the purchasing of 5077
mortgage loans, and any other services rendered by the 5078
corporation; 5079
(d) To arrange for guarantees of its bonds, notes or 5080
other obligations by the federal government or by any private 5081
insurer and to pay any premiums therefor; 5082
(e) Notwithstanding any law to the contrary, but 5083
subject to any agreement with bondholders or noteholders, to 5084
invest money of the corporation not required for immediate use, 5085
including proceeds from the sale of any bonds or notes * * *: 5086
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(i) In obligations of any municipality or the 5087
state or the United States of America; 5088
(ii) In obligations the principal and interest of 5089
which are guaranteed by the state or the United States of America; 5090
(iii) In obligations of any corporation wholly 5091
owned by the United States of America; 5092
(iv) In obligations of any corporation sponsored 5093
by the United States of America which are, or may become, eligible 5094
as collateral for advances to member banks as determined by the 5095
Board of Governors of the Federal Reserve System; 5096
(v) In obligations of insurance firms or other 5097
corporations whose investments are rated "A" or better by 5098
recognized rating companies; 5099
(vi) In certificates of deposit or time deposits 5100
of qualified depositories of the state as approved by the 5101
State * * * Treasurer, secured in such manner, if any, as the 5102
corporation shall determine; 5103
(vii) In contracts for the purchase and sale of 5104
obligations of the type specified in * * * subparagraphs (i) 5105
through (v) above; 5106
(viii) In repurchase agreements secured by 5107
obligations specified in * * * subparagraphs (i) through (v) 5108
above; 5109
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(ix) In money market funds, the assets of which 5110
are required to be invested in obligations specified in * * * 5111
subparagraphs (i) through (vi) above; 5112
(f) Subject to any agreement with bondholders or 5113
noteholders, to purchase, and to agree to purchase, bonds or notes 5114
of the corporation at a price not exceeding: (i) if the bonds or 5115
notes are then redeemable, the redemption price then applicable 5116
plus accrued interest to the date of purchase; or (ii) if the 5117
bonds or notes are not then redeemable, the redemption price 5118
applicable on the first date after such purchase upon which the 5119
notes or bonds become subject to redemption at the option of the 5120
corporation plus accrued interest to the date of purchase; 5121
(g) Subject to the provisions of this article, to 5122
contract for and to accept any gifts, grants or loans of funds or 5123
property or financial or other aid in any form from federal, state 5124
or local governments, private or public entities, or individuals; 5125
(h) To enter into agreements or other transactions with 5126
the federal or state government, any agency thereof or any 5127
municipality in furtherance of the purposes of this article; to 5128
operate and administer loan programs of the federal government, 5129
the State of Mississippi, or any governmental agency thereof; and 5130
to operate and administer any program of housing assistance for 5131
persons and families of low or moderate income, however funded; 5132
(i) To establish a benevolent loan fund, housing 5133
development fund, or such additional and further funds as may be 5134
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necessary and desirable to accomplish any corporate purpose or to 5135
comply with the provisions of any agreement made by the 5136
corporation or any resolution approved by the corporation. The 5137
resolution establishing such a fund shall specify the source of 5138
monies from which it shall be funded and the purposes for which 5139
monies held in the fund shall be disbursed; 5140
(j) In carrying out the provisions of this article, the 5141
corporation shall cooperate with the housing authorities created 5142
under Sections 43-33-1 through 43-33-69 and Sections 43-33-101 5143
through 43-33-137 * * *; 5144
(k) To accept letters of credit and other credit 5145
facilities necessary to make loans authorized herein to repay 5146
bonds or notes issued by the corporation; 5147
(l) To do any and all things necessary or convenient to 5148
carry out its purposes and exercise the powers given and granted 5149
in this article. 5150
SECTION 49. Section 43-33-723, Mississippi Code of 1972, is 5151
amended as follows: 5152
43-33-723. No person shall be discriminated against because 5153
of race, religious principles, color, sex, national origin, 5154
ancestry or * * * disability by the corporation, any qualified 5155
sponsor, any lender, or any agent or employee thereof in 5156
connection with any housing development or eligible loan. No 5157
person shall be discriminated against because of age, nor shall 5158
any family be discriminated against because of children, in 5159
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admission to, or continuance of occupancy in, any housing project 5160
receiving assistance under this article except for any housing 5161
project constructed under a program restricting occupancy to 5162
persons sixty-two (62) years of age or older and any directors of 5163
their immediate households or their occupant surviving spouses. 5164
SECTION 50. Section 45-1-2, Mississippi Code of 1972, is 5165
amended as follows: 5166
45-1-2. (1) The Executive Director of the Department of 5167
Public Safety shall be the Commissioner of Public Safety. 5168
(2) The Commissioner of Public Safety shall establish the 5169
organizational structure of the Department of Public Safety, which 5170
shall include the creation of any units necessary to implement the 5171
duties assigned to the department and consistent with specific 5172
requirements of law including, but not limited to: 5173
(a) Office of Public Safety Planning; 5174
(b) Office of Mississippi Highway Safety Patrol; 5175
(c) Office of Mississippi Bureau of Investigation (to 5176
be directed by a Lieutenant Colonel of the Mississippi Highway 5177
Safety Patrol); 5178
(d) Office of Forensic Laboratories, which includes the 5179
Mississippi Forensics Laboratory and the Office of the State 5180
Medical Examiner; 5181
(e) Office of Law Enforcement Officers' Training 5182
Academy; 5183
(f) Office of Support Services; 5184
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(g) Office of Narcotics, which shall be known as the 5185
Bureau of Narcotics; 5186
(h) Office of Homeland Security; 5187
(i) Office of Capitol Police; 5188
(j) Office of Driver Service Bureau; and 5189
(k) Office of Commercial Transportation Enforcement 5190
Division. 5191
(3) The department shall be headed by a commissioner, who 5192
shall be appointed by and serve at the pleasure of the Governor. 5193
The appointment of the commissioner shall be made with the advice 5194
and consent of the Senate. The commissioner shall have, at a 5195
minimum, a bachelor's degree from an accredited college or 5196
university. 5197
(4) Notwithstanding any provision of law to the contrary, 5198
the commissioner shall appoint heads of offices, who shall serve 5199
at the pleasure of the commissioner. The commissioner shall have 5200
the authority to organize the offices established by subsection 5201
(2) of this section as deemed appropriate to carry out the 5202
responsibilities of the department. The commissioner may assign 5203
to the appropriate offices such powers and duties as deemed 5204
appropriate to carry out the department's lawful functions. The 5205
organization charts of the department shall be presented annually 5206
with the budget request of the Governor for review by the 5207
Legislature. 5208
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(5) The commissioner shall appoint, from within the 5209
Department of Public Safety, a statewide safety training officer 5210
who shall serve at the pleasure of the commissioner and whose duty 5211
it shall be to perform public training for both law enforcement 5212
and private persons throughout the state concerning proper 5213
emergency response to * * * persons with mental illness, 5214
terroristic threats or acts, domestic conflict, other conflict 5215
resolution, and such other matters as the commissioner may direct. 5216
(6) The commissioner, after consultation with the 5217
Mississippi Association of Chiefs of Police and the Mississippi 5218
Sheriffs' Association, shall be responsible for establishing 5219
guidelines for response to active shooter situations and any 5220
related jurisdictional issues. 5221
(7) The commissioner shall establish within the department 5222
the Mississippi Office of Homeland Security for the purpose of 5223
seeing that the laws are faithfully executed and for the purpose 5224
of investigating cyber-related crimes and suppressing crimes of 5225
violence and acts of intimidation and terror. The commissioner is 5226
hereby authorized to employ within the Office of Homeland Security 5227
a director, investigators and other qualified personnel as he may 5228
deem necessary to make investigation of cyber-related crimes, 5229
crimes of violence and acts of terrorism or intimidation, to aid 5230
in the arrest and prosecution of persons charged with such 5231
cyber-related crimes, crimes of violence, acts of terrorism or 5232
intimidation, or threats of violence and to perform other duties 5233
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as necessary to accomplish these purposes. Investigators and 5234
other law enforcement personnel employed by the commissioner shall 5235
have full power to investigate, apprehend, and arrest persons 5236
committing cyber-related crimes, acts of violence, intimidation, 5237
or terrorism anywhere in the state, and shall be vested with the 5238
power of police officers in the performance of such duties as 5239
provided herein. Such investigators and other personnel shall 5240
perform their duties under the direction of the commissioner, or 5241
his designee. The commissioner shall be authorized to offer and 5242
pay suitable rewards to other persons for aiding in such 5243
investigation and in the apprehension and conviction of persons 5244
charged with cyber-related crimes, acts of violence, or threats of 5245
violence, or intimidation, or acts of terrorism. 5246
(8) The commissioner shall establish within the Office of 5247
Homeland Security a Mississippi Analysis and Information Center 5248
(MSAIC Fusion Center) which shall be the highest priority for the 5249
allocation of available federal resources for statewide 5250
information sharing, including the deployment of personnel and 5251
connectivity with federal data systems. Subject to appropriation 5252
therefor, the Mississippi Fusion Center shall employ three (3) 5253
regional analysts dedicated to analyzing and resolving potential 5254
threats identified by the agency's statewide social media 5255
intelligence platform and the dissemination of school safety 5256
information. 5257
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SECTION 51. Section 45-35-53, Mississippi Code of 1972, is 5258
amended as follows: 5259
45-35-53. (1) The Department of Public Safety shall issue 5260
personal identification cards to persons with disabilities who 5261
make application to the department in accordance with rules and 5262
regulations prescribed by the commissioner by filing with the 5263
Secretary of State under the Administrative Procedures Act. The 5264
identification card for persons with disabilities shall 5265
prominently display the international * * * disabled symbol and, 5266
in addition to any other information required by this article, may 5267
contain a recent color photograph of the applicant and the 5268
following information: 5269
(a) Full legal name; 5270
(b) Address of residence; 5271
(c) Birth date; 5272
(d) Date identification card was issued; 5273
(e) Date identification card expires; 5274
(f) Sex; 5275
(g) Height; 5276
(h) Weight; 5277
(i) Eye color; 5278
(j) Location where the identification card was issued; 5279
(k) Signature of person identified or facsimile 5280
thereof; and 5281
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(l) Such other information as required by the 5282
department. 5283
(2) The identification card for persons with disabilities 5284
shall bear an identification card number which shall not be the 5285
same as the applicant's social security number. The commissioner 5286
shall prescribe the form of identification cards issued pursuant 5287
to this article to persons who are not United States citizens. 5288
The identification cards of such persons shall include a number 5289
and any other identifying information prescribed by the 5290
commissioner. 5291
SECTION 52. Section 47-5-1351, Mississippi Code of 1972, is 5292
amended as follows: 5293
47-5-1351. The Governor, on behalf of this state, may 5294
execute the Interstate Corrections Compact, with any and all 5295
states legally joining therein, in substantially the following 5296
form and the Legislature signifies in advance its approval and 5297
ratification of such compact: 5298
INTERSTATE CORRECTIONS COMPACT 5299
Article I 5300
Purpose and Policy 5301
The party states, desiring by common action to fully utilize 5302
and improve their institutional facilities and provide adequate 5303
programs for the confinement, treatment and rehabilitation of 5304
various types of offenders, declare that it is the policy of each 5305
of the party states to provide such facilities and programs on a 5306
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basis of cooperation with one another, thereby serving the best 5307
interests of such offenders and of society and effecting economies 5308
in capital expenditures and operational costs. The purpose of 5309
this compact is to provide for the mutual development and 5310
execution of such programs of cooperation for the confinement, 5311
treatment and rehabilitation of offenders with the most economical 5312
use of human and material resources. 5313
Article II 5314
Definitions 5315
As used in this compact, unless the context clearly requires 5316
otherwise: 5317
(a) "State" means a state of the United States, the 5318
United States of America, a territory or possession of the United 5319
States, the District of Columbia, the Commonwealth of Puerto Rico; 5320
(b) "Sending state" means a state party to this compact 5321
in which conviction or court commitment was had; 5322
(c) "Receiving state" means a state party to this 5323
compact to which an inmate is sent for confinement other than a 5324
state in which conviction or court commitment was had; 5325
(d) "Inmate" means a male or female offender who is 5326
committed, under sentence to or confined in, a penal or 5327
correctional institution; and 5328
(e) "Institution" means any penal or correctional 5329
facility, including, but not limited to, a facility for * * * 5330
persons with mental illness or persons with an intellectual 5331
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disability, in which inmates defined in (d) above may lawfully be 5332
confined. 5333
Article III 5334
Contracts 5335
(1) Each party state may make one or more contracts with any 5336
one or more of the other party states for the confinement of 5337
inmates on behalf of a sending state in institutions situated 5338
within receiving states. Any such contract shall provide for: 5339
(a) Its duration; 5340
(b) Payments to be made to the receiving state by the 5341
sending state for inmate maintenance, extraordinary medical and 5342
dental expenses, and any participation in or receipt by inmates of 5343
rehabilitative or correctional services, facilities, programs or 5344
treatment not reasonably included as part of normal 5345
maintenance * * *; 5346
(c) Participation in programs of inmate employment, if 5347
any; the disposition or crediting of any payments received by 5348
inmates on account thereof; and the crediting of proceeds from or 5349
disposal of any products resulting therefrom; 5350
(d) Delivery and retaking of inmates; and 5351
(e) Such other matters as may be necessary and 5352
appropriate to fix the obligations, responsibilities and rights of 5353
the sending and receiving states. 5354
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(2) The terms and provisions of this compact entered into by 5355
the authority of or pursuant thereto, and nothing in any such 5356
contract shall be inconsistent therewith. 5357
Article IV 5358
Procedures and Rights 5359
(1) Whenever the duly constituted authorities in a state 5360
party to this compact, and which has entered into a contract 5361
pursuant to Article III, shall decide that confinement in, or 5362
transfer of an inmate to, an institution within the territory of 5363
another party state is necessary or desirable in order to provide 5364
adequate quarters and care or an appropriate program of 5365
rehabilitation or treatment, * * * those officials may direct that 5366
the confinement be within an institution within the territory 5367
of * * * the other party state, the receiving state to act in that 5368
regard solely as agent for the sending state. 5369
(2) The appropriate officials of any state party to this 5370
compact shall have access, at all reasonable times, to any 5371
institution in which it has a contractual right to confine inmates 5372
for the purpose of inspecting the facilities thereof and visiting 5373
such of its inmates as may be confined in the institution. 5374
(3) Inmates confined in an institution pursuant to the terms 5375
of this compact shall at all times be subject to the jurisdiction 5376
of the sending state and may at any time be removed therefrom for 5377
transfer to a prison or other institution within the sending 5378
state, for transfer to another institution in which the sending 5379
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state may have a contractual or other right to confine inmates, 5380
for release on probation or parole, for discharge or for any other 5381
purpose permitted by the laws of the sending state, provided, that 5382
the sending state shall continue to be obligated to such payments 5383
as may be pursuant to the terms of any contract entered into under 5384
the terms of Article III. 5385
(4) Each receiving state shall provide regular reports to 5386
each sending state on the inmates of that sending state in 5387
institutions pursuant to this compact including a conduct record 5388
of each inmate and certify * * * the record to the official 5389
designated by the sending state, in order that each inmate may 5390
have official review of his or her record in determining and 5391
altering the disposition of * * * the inmate in accordance with 5392
the law which may obtain in the sending state and in order that 5393
the same may be a source of information for the sending state. 5394
(5) All inmates who may be confined in an institution 5395
pursuant to the provisions of this compact shall be treated in a 5396
reasonable and humane manner and shall be treated equally with 5397
such similar inmates of the receiving state as may be confined in 5398
the same institution. The fact of confinement in a receiving 5399
state shall not deprive any inmate so confined of any legal rights 5400
which * * * the inmate would have had if in an appropriate 5401
institution of the sending state. 5402
(6) Any hearing or hearings to which an inmate confined 5403
pursuant to this compact may be entitled by the laws of the 5404
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sending state may be had before the appropriate authorities of the 5405
sending state, or of the receiving state if authorized by the 5406
sending state. The receiving state shall provide adequate 5407
facilities for such hearings as may be conducted by the 5408
appropriate officials of a sending state. In the event such 5409
hearing or hearings are had before officials of the receiving 5410
state, the governing law shall be that of the sending state and a 5411
record of the hearing or hearings as prescribed by the sending 5412
state shall be made. * * * The record together with any 5413
recommendations of the hearing officials shall be transmitted 5414
forthwith to the official or officials before whom the hearing 5415
would have been had if it had taken place in the sending state. 5416
In any and all proceedings had pursuant to the provisions of this 5417
subdivision, the officials of the receiving state shall act solely 5418
as agents of the sending state and no final determination shall be 5419
made in any matter except by the appropriate officials of the 5420
sending state. 5421
(7) Any inmate confined pursuant to this compact shall be 5422
released within the territory of the sending state unless the 5423
inmate, and the sending and receiving states, shall agree upon 5424
release in some other place. The sending state shall bear the 5425
cost of such return to its territory. 5426
(8) Any inmate confined pursuant to the terms of this 5427
compact shall have any and all rights to participate in and derive 5428
any benefits or incur or be relieved of any obligations, or have 5429
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such obligations modified or his status changed on account of any 5430
action or proceedings in which he could have participated if 5431
confined in any appropriate institution of the sending state 5432
located within such state. 5433
(9) The parent, guardian, trustee or other person or persons 5434
entitled under the laws of the sending state to act for, advise or 5435
otherwise function with respect to any inmate shall not be 5436
deprived of or restricted in his exercise of any power in respect 5437
of any inmate confined pursuant to the terms of this compact. 5438
Article V 5439
Acts Not Reviewable in Receiving State: Extradition 5440
(1) Any decisions of the sending state in respect of any 5441
matter over which it retains jurisdiction pursuant to this compact 5442
shall be conclusive upon and not reviewable within the receiving 5443
state, but if at the time the sending state seeks to remove an 5444
inmate from an institution in the receiving state there is pending 5445
against the inmate within such state any criminal charge or if the 5446
inmate is formally accused of having committed within such state a 5447
criminal offense, the inmate shall not be returned without the 5448
consent of the receiving state until discharged from prosecution 5449
or other form of proceeding, imprisonment or detention for such 5450
offense. The duly accredited officers of the sending state shall 5451
be permitted to transport inmates pursuant to this compact through 5452
any and all states party to this compact without interference. 5453
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(2) An inmate who escapes from an institution in which he is 5454
confined pursuant to this compact shall be deemed a fugitive from 5455
the sending state and from the state in which the institution is 5456
situated. In the case of an escape to a jurisdiction other than 5457
the sending or receiving state, the responsibility for institution 5458
of extradition or rendition proceedings shall be that of the 5459
sending state, but nothing contained herein shall be construed to 5460
prevent or affect the activities of officers and agencies of any 5461
jurisdiction directed toward the apprehension and return of an 5462
escapee. 5463
Article VI 5464
Federal Aid 5465
Any state party to this compact may accept federal aid for 5466
use in connection with any institution or program, the use of 5467
which is or may be affected by this compact or any contract 5468
pursuant hereto and any inmate in a receiving state pursuant to 5469
this compact may participate in any such federally aided program 5470
or activity for which the sending or the receiving state have made 5471
contractual provision; * * * however, if such program or activity 5472
is not part of the customary correctional regimen, the express 5473
consent of the appropriate official of the sending state shall be 5474
required therefrom. 5475
Article VII 5476
Entry into Force 5477
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This compact shall enter into force and become effective and 5478
binding upon the states so acting when it has been enacted into 5479
law by any two (2) states. Thereafter, this compact shall enter 5480
into force and become effective and binding as to any other 5481
of * * * those states upon similar action by such state. 5482
Article VIII 5483
Withdrawal and Termination 5484
This compact shall continue in force and remain binding upon 5485
a party state until it shall have enacted a statute repealing the 5486
same and providing for the sending of formal written notice of 5487
withdrawal from the compact to the appropriate officials of all 5488
other party states. An actual withdrawal shall not take effect 5489
until one (1) year after the notices provided in * * * that 5490
statute have been sent. Such withdrawal shall not relieve the 5491
withdrawing state from its obligations assumed hereunder prior to 5492
the effective date of withdrawal. Before the effective date of 5493
withdrawal, a withdrawing state shall remove to its territory, at 5494
its own expense, such inmates as it may have confined pursuant to 5495
the provisions of this compact. 5496
Article IX 5497
Other Arrangement Unaffected 5498
Nothing contained in this compact shall be construed to 5499
abrogate or impair any agreement or other arrangement which a 5500
party state may have with a nonparty state for the confinement, 5501
rehabilitation or treatment of inmates nor to repeal any other 5502
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laws of a party state authorizing the making of cooperative 5503
institutional arrangements. 5504
Article X 5505
Construction and Severability 5506
The provisions of this compact shall be liberally construed 5507
and shall be severable. If any phrase, clause, sentence or 5508
provision of this compact is declared to be contrary to the 5509
constitution of any participating state or of the United States or 5510
the applicability thereof to any government, agency, person or 5511
circumstance is held invalid, the validity of the remainder of 5512
this compact and the applicability thereof to any government, 5513
agency, person or circumstance shall not be affected thereby. If 5514
this compact shall be held contrary to the constitution of any 5515
state participating therein, the compact shall remain in full 5516
force and effect as to the remaining states and in full force and 5517
effect as to the state affected as to all severable matters. 5518
SECTION 53. Section 49-7-39, Mississippi Code of 1972, is 5519
amended as follows: 5520
49-7-39. (1) The commission shall establish a special 5521
hunting season for youth under the age of sixteen (16) and 5522
for * * * persons with disabilities in the Natchez State Park. 5523
The commission shall also establish a primitive weapon season in 5524
the Natchez State Park. The selection of participants in the 5525
primitive weapon season shall be by public drawing from all 5526
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qualified applications. The commission shall set the number of 5527
permits to be issued and the length of the special seasons. 5528
(2) The commission may also establish a special hunting 5529
season for youth and * * * persons with disabilities or a 5530
primitive weapon season as provided in this section in any other 5531
state park under the jurisdiction of the department but shall only 5532
do so upon the recommendation of the staff of the department as 5533
approved by the commission. The commission shall select 5534
participants and set the number of permits to be issued and the 5535
length of the special seasons. 5536
(3) The commission may establish and regulate special youth 5537
hunts for all nonmigratory game birds and animals outside of the 5538
open season on wildlife management areas and on private lands. 5539
(4) The commission shall establish and regulate a special 5540
hunting season for youth under the age of sixteen (16) to run 5541
concurrently with the primitive weapons season on deer. 5542
SECTION 54. Section 49-7-40, Mississippi Code of 1972, is 5543
amended as follows: 5544
49-7-40. The commission may adopt regulations to provide for 5545
a special hunt by * * * persons with disabilities in the natural 5546
area at Arkabutla Lake designated by the U.S. Corps of Engineers. 5547
The hunt and any such regulations must be approved by the U.S. 5548
Corps of Engineers. The following restrictions apply to any such 5549
hunt: 5550
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(a) The hunt shall be open to * * * persons with 5551
physical disabilities who are wheelchair-bound; 5552
(b) Selection of participants shall be by public 5553
drawing from all qualified applications received; 5554
(c) No more than thirty (30) permits shall be issued; 5555
(d) The hunt shall not exceed a total of six (6) days; 5556
(e) A hunting license shall not be required of resident 5557
or nonresident applicants; 5558
(f) Any other actions the commission and the U.S. Corps 5559
of Engineers deem necessary for a safe and productive hunt. 5560
SECTION 55. Section 71-3-3, Mississippi Code of 1972, is 5561
amended as follows: 5562
71-3-3. Unless the context otherwise requires, the 5563
definitions which follow govern the construction and meaning of 5564
the terms used in this chapter: 5565
(a) "Person" includes an individual, firm, voluntary 5566
association or a corporation. 5567
(b) "Injury" means accidental injury or accidental 5568
death arising out of and in the course of employment without 5569
regard to fault which results from an untoward event or events, if 5570
contributed to or aggravated or accelerated by the employment in a 5571
significant manner. Untoward event includes events causing 5572
unexpected results. An untoward event or events shall not be 5573
presumed to have arisen out of and in the course of employment, 5574
except in the case of an employee found dead in the course of 5575
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employment. This definition includes injuries to artificial 5576
members, and also includes an injury caused by the willful act of 5577
a third person directed against an employee because of his 5578
employment while so employed and working on the job, and 5579
disability or death due to exposure to ionizing radiation from any 5580
process in employment involving the use of or direct contact with 5581
radium or radioactive substances with the use of or direct 5582
exposure to roentgen (X-rays) or ionizing radiation. In radiation 5583
cases only, the date of disablement shall be treated as the date 5584
of the accident. Occupational diseases, or the aggravation 5585
thereof, are excluded from the term "injury," provided that, 5586
except as otherwise specified, all provisions of this chapter 5587
apply equally to occupational diseases as well as injury. 5588
(c) "Death," when mentioned as a basis for the right to 5589
compensation, means only death resulting from such an injury. 5590
(d) "Employee" means any person, including a minor 5591
whether lawfully or unlawfully employed, in the service of an 5592
employer under any contract of hire or apprenticeship, written or 5593
oral, express or implied, provided that there shall be excluded 5594
therefrom all independent contractors and especially any 5595
individual performing service in, and at the time of, the sale of 5596
newspapers or magazines to ultimate consumers under an arrangement 5597
under which the newspapers or magazines are to be sold by the 5598
individual at a fixed price, the individual's compensation being 5599
based on the retention of the excess of such price over the amount 5600
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at which the newspapers or magazines are charged to the 5601
individual, whether or not the individual is guaranteed a minimum 5602
amount of compensation for such service or is entitled to be 5603
credited with the unsold newspapers or magazines returned. A 5604
student of an educational institution who, as a part of such 5605
educational institution's curriculum, is receiving practical 5606
training at any facility, who is under the active and direct 5607
supervision of the personnel of the facility and/or an instructor 5608
of the educational institution, and who is not receiving wages as 5609
a consequence of participation in such practical training shall 5610
not be considered an employee of such facility on account of 5611
participation in such practical training. 5612
(e) "Employer," except when otherwise expressly stated, 5613
includes a person, partnership, association, corporation and the 5614
legal representatives of a deceased employer, or the receiver or 5615
trustee of a person, partnership, association or corporation. 5616
(f) "Carrier" means any person authorized in accordance 5617
with the provisions of this chapter to insure under this chapter 5618
and includes self-insurers. 5619
(g) "Self-insurer" is an employer who has been 5620
authorized under the provisions of this chapter to carry his own 5621
liability on his covered employees without insuring in a stock or 5622
mutual carrier. 5623
(h) "Commission" means the Workers' Compensation 5624
Commission. 5625
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(i) "Disability" means incapacity because of injury to 5626
earn the wages which the employee was receiving at the time of 5627
injury in the same or other employment, which incapacity and the 5628
extent thereof must be supported by medical findings. 5629
(j) "Compensation" means the money allowance payable to 5630
an injured worker or his dependents as provided in this chapter, 5631
and includes funeral benefits provided therein. 5632
(k) "Wages" includes the money rate at which the 5633
service rendered is recompensed under the contract of hiring in 5634
force at the time of injury, and also the reasonable value of 5635
board, rent, housing, lodging or similar advantage received from 5636
the employer and gratuities received in the course of employment 5637
from others than the employer. The term "wages" shall not include 5638
practical training received by students of an educational 5639
institution as a part of such educational institution's 5640
curriculum. 5641
(l) "Child" shall include a posthumous child, a child 5642
legally adopted prior to the injury of the employee, a child in 5643
relation to whom the deceased employee stood in the place of a 5644
parent for at least one (1) year prior to the time of injury and a 5645
stepchild or acknowledged illegitimate child dependent upon the 5646
deceased, but does not include married children unless wholly 5647
dependent on him. "Grandchild" means a child as above defined of 5648
a child as above defined. "Brother" and "sister" include 5649
stepbrothers and stepsisters, half brothers and half sisters, and 5650
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brothers and sisters by adoption, but does not include married 5651
brothers nor married sisters unless wholly dependent on the 5652
employee. "Child," "grandchild," "brother" and "sister" include 5653
only persons who are under eighteen (18) years of age, and also 5654
persons who, though eighteen (18) years of age or over, are wholly 5655
dependent upon the deceased employee and incapable of self-support 5656
by reason of mental or physical disability, and also a child 5657
eighteen (18) years of age or older, until his twenty-third 5658
birthday, who is dependent upon the deceased and is pursuing a 5659
full-time education. 5660
(m) "Parent" includes stepparents and parents by 5661
adoption, parents-in-law or any person who for more than three (3) 5662
years prior to the death of the deceased employee stood in the 5663
place of a parent to him, or her, if dependent on the injured 5664
employee. 5665
(n) The term "surviving spouse" includes the decedent's 5666
legal wife or husband, living with him or her or dependent for 5667
support upon him or her at the time of death or living apart for 5668
justifiable cause or by reason of desertion at such time, 5669
provided * * * that such separation had not existed for more than 5670
three (3) years without an award for separate maintenance or 5671
alimony or the filing of a suit for separate maintenance or 5672
alimony in the proper court in this state. The term "surviving 5673
spouse" shall likewise include * * * a person who is not a legal 5674
wife or husband but who had entered into a ceremonial marriage 5675
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with the decedent at least one (1) year prior to death and who, on 5676
the date of the decedent's death, stood in the relationship of a 5677
wife or husband, provided there was no living legal spouse who had 5678
protected her or his rights for support by affirmative action as 5679
hereinabove required. The term "surviving spouse" as contemplated 5680
in this chapter shall not apply to any person who has, since his 5681
or her separation from decedent, entered into a ceremonial 5682
marriage or lived in open adultery with another. 5683
(o) The term "adoption" or "adopted" means legal 5684
adoption prior to the time of the injury. 5685
(p) The singular includes the plural and the masculine 5686
includes the feminine and neuter. 5687
(q) It is expressly provided, agreed and understood in 5688
determining beneficiaries under this * * * chapter that a 5689
surviving spouse suffering a mental or physical * * * disability 5690
and children under the age of eighteen (18) years are presumed to 5691
be dependent. 5692
(r) "Independent contractor" means any individual, firm 5693
or corporation who contracts to do a piece of work according to 5694
his own methods without being subject to the control of his 5695
employer except as to the results of the work, and who has the 5696
right to employ and direct the outcome of the workers independent 5697
of the employer and free from any superior authority in the 5698
employer to say how the specified work shall be done or what the 5699
laborers shall do as the work progresses, one who undertakes to 5700
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produce a given result without being in any way controlled as to 5701
the methods by which he attains the result. 5702
(s) "Average weekly wage for the state" means an amount 5703
determined by the commission as of October 1 of each year based 5704
upon wage and employment statistics reported to the commission by 5705
the Mississippi Employment Security Commission. Such amount shall 5706
be based upon data for the preceding twelve-month period and shall 5707
be effective from and after January 1 of the following year. 5708
SECTION 56. Section 71-3-7, Mississippi Code of 1972, is 5709
amended as follows: 5710
71-3-7. (1) Compensation shall be payable for disability or 5711
death of an employee from injury or occupational disease arising 5712
out of and in the course of employment, without regard to fault as 5713
to the cause of the injury or occupational disease. An 5714
occupational disease shall be deemed to arise out of and in the 5715
course of employment when there is evidence that there is a direct 5716
causal connection between the work performed and the occupational 5717
disease. In all claims in which no benefits, including 5718
disability, death and medical benefits, have been paid, the 5719
claimant shall file medical records in support of his claim for 5720
benefits when filing a petition to controvert. If the claimant is 5721
unable to file the medical records in support of his claim for 5722
benefits at the time of filing the petition to controvert because 5723
of a limitation of time established by Section 71-3-35 or Section 5724
71-3-53, the claimant shall file medical records in support of his 5725
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claim within sixty (60) days after filing the petition to 5726
controvert. 5727
(2) Where a preexisting physical * * * disability, disease, 5728
or lesion is shown by medical findings to be a material 5729
contributing factor in the results following injury, the 5730
compensation which, but for this subsection, would be payable 5731
shall be reduced by that proportion which such preexisting 5732
physical * * * disability, disease, or lesion contributed to the 5733
production of the results following the injury. The preexisting 5734
condition does not have to be occupationally disabling for this 5735
apportionment to apply. 5736
(3) The following provisions shall apply to subsections (1) 5737
and (2) of this section: 5738
(a) Apportionment shall not be applied until the 5739
claimant has reached maximum medical recovery. 5740
(b) The employer or carrier does not have the power to 5741
determine the date of maximum medical recovery or percentage of 5742
apportionment. This must be done by the attorney-referee, subject 5743
to review by the commission as the ultimate finder of fact. 5744
(c) After the date the claimant reaches maximum medical 5745
recovery, weekly compensation benefits and maximum recovery shall 5746
be reduced by that proportion which the preexisting physical 5747
* * * disability, disease, or lesion contributes to the results 5748
following injury. 5749
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(d) If maximum medical recovery has occurred before the 5750
hearing and order of the attorney-referee, credit for excess 5751
payments shall be allowed in future payments. Such allowances and 5752
method of accomplishment of the same shall be determined by the 5753
attorney-referee, subject to review by the commission. However, 5754
no actual repayment of such excess shall be made to the employer 5755
or carrier. 5756
(4) No compensation shall be payable if the use of drugs 5757
illegally, or the use of a valid prescription medication(s) taken 5758
contrary to the prescriber's instructions and/or contrary to label 5759
warnings, or the use of medical cannabis in accordance with the 5760
Mississippi Medical Cannabis Act and rules and regulations adopted 5761
thereunder, or intoxication due to the use of alcohol of the 5762
employee was the proximate cause of the injury, or if it was the 5763
willful intention of the employee to injure or kill himself or 5764
another. 5765
(5) Every employer to whom this chapter applies shall be 5766
liable for and shall secure the payment to his employees of the 5767
compensation payable under its provisions. 5768
(6) In the case of an employer who is a subcontractor, the 5769
contractor shall be liable for and shall secure the payment of 5770
such compensation to employees of the subcontractor, unless the 5771
subcontractor has secured such payment. 5772
SECTION 57. Section 71-3-105, Mississippi Code of 1972, is 5773
amended as follows: 5774
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71-3-105. The commission shall cooperate with federal, 5775
state, and local agencies in the rehabilitation of * * * workers 5776
with disabilities, and shall promptly report to the proper 5777
authority industrial injury cases in which retraining or job 5778
placement may be needed. 5779
SECTION 58. Section 71-7-13, Mississippi Code of 1972, is 5780
amended as follows: 5781
71-7-13. (1) An employee or job applicant whose drug and 5782
alcohol test result is confirmed as positive in accordance with 5783
the provisions of this chapter shall not, by virtue of the result 5784
alone, be defined as a person with a " * * * disability." 5785
(2) An employer who discharges or disciplines an employee on 5786
the basis of a positive confirmed drug and alcohol test in 5787
accordance with this chapter shall be considered to have 5788
discharged or disciplined the employee for cause. 5789
(3) An employee discharged on the basis of a confirmed 5790
positive drug and alcohol test in accordance with this chapter 5791
shall be considered to have been discharged for willful 5792
misconduct. 5793
(4) A physician-patient relationship is not created between 5794
an employee or job applicant, and an employer or any person 5795
performing or evaluating the drug and alcohol test, solely by the 5796
establishment or implementation of a drug and alcohol testing 5797
program. 5798
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(5) This chapter does not prevent an employer from 5799
establishing reasonable work rules related to employee possession, 5800
use, sale or solicitation of drugs, including convictions for 5801
drug-related offenses, and taking action based upon a violation of 5802
any of those rules. 5803
(6) This chapter shall not be retroactive and shall not 5804
abrogate any right an employer may have to conduct drug and 5805
alcohol tests prior to July 1, 1991. A drug and alcohol test 5806
conducted by an employer before July 1, 1991, shall not be subject 5807
to this chapter. 5808
(7) If an employee refuses to submit to drug and alcohol 5809
testing administered in accordance with this chapter, the employer 5810
shall not be barred from discharging, or disciplining, or 5811
referring the employee to a drug abuse assessment, treatment and 5812
rehabilitation program at a site certified by the Department of 5813
Mental Health. 5814
(8) An employer, in addition to any appropriate personnel 5815
actions, may refer any employee found to have violated the 5816
employer's policy on drug use to an employee assistance program 5817
for assessment, counseling and referral for treatment or 5818
rehabilitation as appropriate. Such treatment or rehabilitation 5819
shall be at a site certified by the Department of Mental Health. 5820
(9) This chapter does not prohibit an employer from 5821
conducting medical screening or other tests required by any 5822
statute, rule or regulation for the purpose of monitoring exposure 5823
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of employees to toxic or other unhealthy substances in the 5824
workplace or in the performance of job responsibilities. Such 5825
screenings or tests shall be limited to the specific substances 5826
expressly identified in the applicable statute, rule or 5827
regulation, unless prior written consent of the employee is 5828
obtained for other tests. 5829
(10) An employer may temporarily suspend or transfer an 5830
employee to another position after obtaining the results of a 5831
positive on-site initial test. An employer may discharge an 5832
employee after obtaining the results of a positive confirmed test. 5833
(11) Nothing in this chapter shall affect any right of an 5834
employer to terminate the employment of any person for reasons not 5835
related to a drug and alcohol testing program implemented pursuant 5836
to the provisions of this chapter. 5837
SECTION 59. Section 73-3-353, Mississippi Code of 1972, is 5838
amended as follows: 5839
73-3-353. In proceedings under Sections 73-3-347 through 5840
73-3-365, the attorney shall be entitled to representation by 5841
counsel. An attorney who has been declared mentally incompetent, 5842
judicially, or who has been committed, judicially, to an 5843
institution for the treatment of * * * persons with mental illness 5844
shall be defended by his legally appointed guardian or guardian ad 5845
litem, if any; if a guardian or guardian ad litem has not been 5846
appointed, the chief justice, on certification by the Board of 5847
Commissioners, shall appoint a guardian ad litem. The same 5848
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procedure shall apply to an attorney who has asserted his 5849
incompetence, or whose incompetence to defend becomes apparent 5850
during the proceedings. In all cases, counsel previously selected 5851
by the attorney will be appointed guardian ad litem, absent clear 5852
and compelling reasons to the contrary. 5853
SECTION 60. Section 75-74-9, Mississippi Code of 1972, is 5854
amended as follows: 5855
75-74-9. (1) The State Board of Health shall have the 5856
authority and the duty to make and promulgate rules and 5857
regulations consistent with the policy and purpose of this 5858
chapter, and to amend any rule or regulation it makes. In 5859
developing such rules and regulations, the board shall consult 5860
with appropriate public and private officials and organizations 5861
and parents and camp operators. It shall be the duty of the board 5862
to advise all existing youth camps in this state of this chapter 5863
and any rules and regulations promulgated under this chapter. 5864
(2) There is created within the State Board of Health the 5865
advisory council on youth camp safety to advise and consult on 5866
policy matters relating to youth camp safety. The council 5867
consists of the health officer or his representative and a minimum 5868
of eight (8) members appointed by the State Health Officer, 5869
including the following groups: one (1) member representative 5870
each from a private nonsectarian camp, a church-related or 5871
sponsored camp, the Girl Scouts of America, the Boy Scouts of 5872
America, the Mississippi Camping Association, camps for * * * 5873
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persons with disabilities and civic organization camps; and a 5874
consumer, a parent or an older youth with prior camping 5875
experience. A member is entitled to hold office for two (2) years 5876
or until his successor is appointed and qualifies. The State 5877
Health Officer or his representative shall fill vacancies for 5878
unexpired terms. Council members serve without compensation, but 5879
are entitled to be reimbursed for actual expenses incurred in the 5880
performance of their duties. The State Health Officer may appoint 5881
special advisory or technical experts and consultants as are 5882
necessary to assist the council in carrying out its functions. 5883
(3) No rule or regulation promulgated or amended by the 5884
board under this chapter shall be effective until a public hearing 5885
is held thereon. Notice of a public hearing, including the time, 5886
date and location of the hearing and the substance of the proposed 5887
rule, regulation or amendment, shall be given by the board to each 5888
licensee of a youth camp and the general public not less than ten 5889
(10) days nor more than thirty (30) days before the hearing. Any 5890
interested person may appear at the hearing to present evidence or 5891
testimony concerning the proposed rule, regulation or amendment. 5892
SECTION 61. Section 83-9-32, Mississippi Code of 1972, is 5893
amended as follows: 5894
83-9-32. Every hospital, health or medical expenses 5895
insurance policy, hospital or medical service contract, health 5896
maintenance organization and preferred provider organization that 5897
is delivered or issued for delivery in this state and otherwise 5898
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provides anesthesia benefits shall offer benefits for anesthesia 5899
and for associated facility charges when the mental or physical 5900
condition of the child or * * * adult with a mental disability 5901
requires dental treatment to be rendered under 5902
physician-supervised general anesthesia in a hospital setting, 5903
surgical center or dental office. This coverage shall be offered 5904
on an optional basis, and each primary insured must accept or 5905
reject such coverage in writing and accept responsibility for 5906
premium payment. 5907
An insurer may require prior authorization for the anesthesia 5908
and associated facility charges for dental care procedures in the 5909
same manner that prior authorization is required for treatment of 5910
other medical conditions under general anesthesia. An insurer may 5911
require review for medical necessity and may limit payment of 5912
facility charges to certified facilities in the same manner that 5913
medical review is required and payment of facility charges is 5914
limited for other services. The benefit provided by this coverage 5915
shall be subject to the same annual deductibles or coinsurance 5916
established for all other covered benefits within a given policy, 5917
plan or contract. Private third-party payers may not reduce or 5918
eliminate coverage due to these requirements. 5919
A dentist shall consider the Indications for General 5920
Anesthesia as published in the reference manual of the American 5921
Academy of Pediatric Dentistry as utilization standards for 5922
determining whether performing dental procedures necessary to 5923
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treat the particular condition or conditions of the patient under 5924
general anesthesia constitutes appropriate treatment. 5925
The provisions of this section shall apply to anesthesia 5926
services provided by oral and maxillofacial surgeons as permitted 5927
by the Mississippi State Board of Dental Examiners. 5928
The provisions of this section shall not apply to treatment 5929
rendered for temporal mandibular joint (TMJ) disorders. 5930
SECTION 62. Section 93-7-3, Mississippi Code of 1972, is 5931
amended as follows: 5932
93-7-3. A marriage may be annulled for any one (1) of the 5933
following causes existing at the time of the marriage ceremony: 5934
(a) Incurable impotency. 5935
(b) Adjudicated to have a mental illness or adjudicated 5936
incompetence of either or both parties. Action of a spouse who 5937
has been adjudicated * * * to have a mental illness or adjudicated 5938
incompetent may be brought by guardian, or in the absence of a 5939
guardian, by next friend, provided that the suit is brought within 5940
six (6) months after marriage. 5941
(c) Failure to comply with the provisions of Sections 5942
93-1-5 through 93-1-9 when any marriage affected by that failure 5943
has not been followed by cohabitation. 5944
Or, in the absence of ratification: 5945
(d) When either of the parties to a marriage is 5946
incapable, from want of age or understanding, of consenting to any 5947
marriage, or is incapable from physical causes of entering into 5948
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the marriage state, or where the consent of either party has been 5949
obtained by force or fraud, the marriage shall be void from the 5950
time its nullity is declared by a court of competent jurisdiction. 5951
(e) Pregnancy of the wife by another person, if the 5952
husband did not know of the pregnancy. 5953
Suits for annulment under paragraphs (d) and (e) shall be 5954
brought within six (6) months after the ground for annulment is or 5955
should be discovered, and not thereafter. 5956
The causes for annulment of marriage set forth in this 5957
section are intended to be new remedies and shall in no way affect 5958
the causes for divorce declared elsewhere to be the law of the 5959
State of Mississippi as they presently exist or as they may from 5960
time to time be amended. 5961
SECTION 63. Section 97-3-4, Mississippi Code of 1972, is 5962
amended as follows: 5963
97-3-4. (1) It shall be unlawful for any physician 5964
performing an abortion that results in the delivery of a living 5965
child to intentionally allow or cause the child to die. 5966
(2) If the child is viable, such child shall be immediately 5967
provided appropriate medical care and comfort care necessary to 5968
sustain life. If the child is not viable, such child shall be 5969
provided comfort care. The provision of this section shall 5970
include, but not be limited to, a child born with physical or 5971
mental * * * disabling conditions which, in the opinion of the 5972
parent, the physician or other persons, diminishes the quality of 5973
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ST: Disabilities, persons with; modernize
terminology used to refer to.
the child's life, a child born alive during the course of an 5974
attempted abortion and a child not wanted by the parent. 5975
(3) As used in this section, the term "child" includes every 5976
infant member of the species homo sapiens who is born alive at any 5977
stage of development. 5978
(4) Any person who violates this section shall be guilty of 5979
a felony and, upon conviction, be imprisoned for not less than one 5980
(1) year nor more than ten (10) years in the State Penitentiary 5981
and fined not more than Fifty Thousand Dollars ($50,000.00) but 5982
not less than Twenty-five Thousand Dollars ($25,000.00). 5983
SECTION 64. This act shall take effect and be in force from 5984
and after July 1, 2026. 5985