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

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

By: Representative Scott

HOUSE BILL NO. 662

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