DMH; require to promulgate performance standards and perform periodic audits to assess Community Mental Health Centers.

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To: Accountability,
Efficiency, Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Boyd

SENATE BILL NO. 2445
(As Passed the Senate)

AN ACT TO AMEND SECTION 41-4-7, MISSISSIPPI CODE OF 1972, TO 1
PROVIDE THAT THE DEPARTMENT OF MENTAL HEALTH SHALL DEVELOP AND 2
PROMULGATE A RATING SCALE WITH PERFORMANCE STANDARDS TO USE IN 3
PERFORMANCE AUDITS OF COMMUNITY MENTAL HEALTH CENTERS; TO REQUIRE 4
THE DEPARTMENT TO DEVELOP AND PROMULGATE THE PERFORMANCE STANDARDS 5
BY JUNE 30, 2027; TO PROVIDE THAT THE DEPARTMENT SHALL BEGIN 6
CONDUCTING PERFORMANCE AUDITS DURING FISCAL YEAR 2028; TO REQUIRE 7
THE DEPARTMENT TO PERFORM A PERFORMANCE AUDIT OF EACH COMMUNITY 8
MENTAL HEALTH CENTER AT LEAST ONCE EVERY TWO YEARS; TO PROVIDE 9
THAT THE DEPARTMENT SHALL PLACE ON A SIX-MONTH PROBATIONARY PERIOD 10
REGIONAL COMMISSIONS OR COMMUNITY MENTAL HEALTH CENTERS THAT DO 11
NOT ACHIEVE A PASSING SCORE ON A PERFORMANCE AUDIT; TO PROVIDE 12
THAT IF THE COMMUNITY MENTAL HEALTH CENTER DOES NOT ACHIEVE A 13
PASSING SCORE ON THE PERFORMANCE AUDIT AFTER THE PROBATIONARY 14
PERIOD, THE REGIONAL COMMISSION SHALL REPLACE THE COMMUNITY MENTAL 15
HEALTH CENTER'S EXECUTIVE DIRECTOR AND ANY OTHER OFFICERS 16
IDENTIFIED BY THE DEPARTMENT WITH CONTRACTORS; TO PROVIDE DUE 17
PROCESS RIGHTS FOR COMMUNITY MENTAL HEALTH CENTERS FOUND TO BE IN 18
NONCOMPLIANCE; TO PROVIDE THAT THE CONTRACTOR OR CONTRACTORS SHALL 19
REMAIN IN PLACE UNTIL THE DEPARTMENT DETERMINES THAT THE COMMUNITY 20
MENTAL HEALTH CENTER HAS ATTAINED SUSTAINED COMPLIANCE WITH THE 21
PERFORMANCE STANDARDS; TO PROVIDE THAT NO RULES, REGULATIONS, 22
OPERATIONAL STANDARDS, PERFORMANCE STANDARDS OR OTHER STANDARDS 23
PROMULGATED BY THE BOARD OF MENTAL HEALTH OR THE DEPARTMENT SHALL 24
BE CONSTRUED TO CREATE A CAUSE OF ACTION; TO AMEND SECTION 25
27-104-7, MISSISSIPPI CODE OF 1972, TO EXEMPT FROM THE PUBLIC 26
PROCUREMENT REVIEW BOARD APPROVAL OF ANY PERSONAL OR PROFESSIONAL 27
SERVICES CONTRACT ENTERED INTO BY THE DEPARTMENT OF MENTAL HEALTH 28
IN CARRYING OUT ITS RESPONSIBILITIES SET FORTH IN SECTION 29
41-4-7(MM); TO REPEAL SECTIONS 41-20-1, 41-20-3, 41-20-5, 41-20-7, 30
41-20-9 AND 41-20-11, MISSISSIPPI CODE OF 1972, WHICH CREATE 31
WITHIN THE DEPARTMENT OF FINANCE AND ADMINISTRATION A POSITION 32
KNOWN AS THE COORDINATOR OF MENTAL HEALTH ACCESSIBILITY; PROVIDE 33
FOR APPOINTMENT, QUALIFICATIONS, EXPENSES AND SALARY FOR THE 34
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POSITION; ESTABLISH POWERS, DUTIES AND DISCRETIONARY 35
RESPONSIBILITIES OF THE POSITION; REQUIRE INTER-AGENCY COOPERATION 36
WITH THE COORDINATOR OF MENTAL HEALTH ACCESSIBILITY IN PERFORMING 37
HIS OR HER DUTIES; SET FORTH DEFINITIONS AND RELATED PROVISIONS; 38
AND FOR RELATED PURPOSES. 39
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 40
SECTION 1. Section 41-4-7, Mississippi Code of 1972, is 41
amended as follows: 42
41-4-7. The State Board of Mental Health shall have the 43
following powers and duties: 44
(a) To appoint, with the advice and consent of the 45
Senate, a full-time Executive Director of the Department of Mental 46
Health, who shall be employed by the board and shall serve as 47
executive secretary to the board. The executive director shall 48
serve for a term of four (4) years, consistent with the provisions 49
of Section 7-1-35, Mississippi Code of 1972. The first director 50
shall be a duly licensed physician with special interest and 51
competence in psychiatry, and shall possess a minimum of three (3) 52
years' experience in clinical and administrative psychiatry. 53
Subsequent directors shall possess at least a master's degree or 54
its equivalent, and shall possess at least ten (10) years' 55
administrative experience in the field of mental health. The 56
salary of the executive director shall be determined by the board; 57
(b) To appoint a Medical Director for the Department of 58
Mental Health. The medical director shall provide clinical 59
oversight in the implementation of evidence-based and best 60
practices; provide clinical leadership in the integration of 61
mental health, intellectual disability and addiction services with 62
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community partners in the public and private sectors; and provide 63
oversight regarding standards of care. The medical director shall 64
serve at the will and pleasure of the board, and will undergo an 65
annual review of job performance and future service to the 66
department; 67
(c) To establish and implement its state strategic 68
plan; 69
(d) To develop a strategic plan for the development of 70
services for persons with mental illness, persons with 71
developmental disabilities and other clients of the public mental 72
health system. Such strategic planning program shall require that 73
the board, acting through the Strategic Planning and Best 74
Practices Committee, perform the following functions respecting 75
the delivery of services: 76
(i) Establish measures for determining the 77
efficiency and effectiveness of the services specified in Section 78
41-4-1(2); 79
(ii) Conducting studies of community-based care in 80
other jurisdictions to determine which services offered in these 81
jurisdictions have the potential to provide the citizens of 82
Mississippi with more effective and efficient community-based 83
care; 84
(iii) Evaluating the efficiency and effectiveness 85
of the services specified in Section 41-4-1(2); 86
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(iv) Recommending to the Legislature by January 1, 87
2014, any necessary additions, deletions or other changes 88
necessary to the services specified in Section 41-4-1(2); 89
(v) Implementing by July 1, 2012, a system of 90
performance measures for the services specified in Section 91
41-4-1(2); 92
(vi) Recommending to the Legislature any changes 93
that the department believes are necessary to the current laws 94
addressing civil commitment; 95
(vii) Conducting any other activities necessary to 96
the evaluation and study of the services specified in Section 97
41-4-1(2); 98
(viii) Assisting in conducting all necessary 99
strategic planning for the delivery of all other services of the 100
department. Such planning shall be conducted so as to produce a 101
single strategic plan for the services delivered by the public 102
mental health system and shall establish appropriate mission 103
statements, goals, objectives and performance indicators for all 104
programs and services of the public mental health system. For 105
services other than those specified in Section 41-4-1(2), the 106
committee shall recommend to the State Board of Mental Health a 107
strategic plan that the board may adopt or modify; 108
(e) To set up state plans for the purpose of 109
controlling and treating any and all forms of mental and emotional 110
illness, alcoholism, drug misuse and developmental disabilities; 111
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(f) [Repealed] 112
(g) To enter into contracts with any other state or 113
federal agency, or with any private person, organization or group 114
capable of contracting, if it finds such action to be in the 115
public interest; 116
(h) To collect reasonable fees for its services; 117
however, if it is determined that a person receiving services is 118
unable to pay the total fee, the department shall collect no more 119
than the amount such person is able to pay; 120
(i) To certify, coordinate and establish minimum 121
standards and establish minimum required services, as specified in 122
Section 41-4-1(2), for regional mental health and intellectual 123
disability commissions and other community service providers for 124
community or regional programs and services in adult mental 125
health, children and youth mental health, intellectual 126
disabilities, alcoholism, drug misuse, developmental disabilities, 127
compulsive gambling, addictive disorders and related programs 128
throughout the state. Such regional mental health and 129
intellectual disability commissions and other community service 130
providers shall, on or before July 1 of each year, submit an 131
annual operational plan to the State Department of Mental Health 132
for approval or disapproval based on the minimum standards and 133
minimum required services established by the department for 134
certification and itemize the services specified in Section 135
41-4-1(2), including financial statements. As part of the annual 136
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operation plan required by this paragraph (i) submitted by any 137
regional community mental health center or by any other reasonable 138
certification deemed acceptable by the department, the community 139
mental health center shall state those services specified in 140
Section 41-4-1(2) that it will provide and also those services 141
that it will not provide. If the department finds deficiencies in 142
the plan of any regional commission or community service provider 143
based on the minimum standards and minimum required services 144
established for certification, the department shall give the 145
regional commission or community service provider a six-month 146
probationary period to bring its standards and services up to the 147
established minimum standards and minimum required services. The 148
regional commission or community service provider shall develop a 149
sustainability business plan within thirty (30) days of being 150
placed on probation, which shall be signed by all commissioners 151
and shall include policies to address one or more of the 152
following: the deficiencies in programmatic services, clinical 153
service staff expectations, timely and appropriate billing, 154
processes to obtain credentialing for staff, monthly reporting 155
processes, third-party financial reporting and any other required 156
documentation as determined by the department. After the 157
six-month probationary period, if the department determines that 158
the regional commission or community service provider still does 159
not meet the minimum standards and minimum required services 160
established for certification, the department may remove the 161
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certification of the commission or provider and from and after 162
July 1, 2011, the commission or provider shall be ineligible for 163
state funds from Medicaid reimbursement or other funding sources 164
for those services. However, the department shall not mandate a 165
standard or service, or decertify a regional commission or 166
community service provider for not meeting a standard or service, 167
if the standard or service does not have funding appropriated by 168
the Legislature or have a state, federal or local funding source 169
identified by the department. No county shall be required to levy 170
millage to provide a mandated standard or service above the 171
minimum rate required by Section 41-19-39. After the six-month 172
probationary period, the department may identify an appropriate 173
community service provider to provide any core services in that 174
county that are not provided by a community mental health center. 175
However, the department shall not offer reimbursement or other 176
accommodations to a community service provider of core services 177
that were not offered to the decertified community mental health 178
center for the same or similar services. The State Board of 179
Mental Health shall promulgate rules and regulations necessary to 180
implement the provisions of this paragraph (i), in accordance with 181
the Administrative Procedures Law (Section 25-43-1.101 et seq.); 182
(j) To establish and promulgate reasonable minimum 183
standards for the construction and operation of state and all 184
Department of Mental Health certified facilities, including 185
reasonable minimum standards for the admission, diagnosis, care, 186
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treatment, transfer of patients and their records, and also 187
including reasonable minimum standards for providing day care, 188
outpatient care, emergency care, inpatient care and follow-up 189
care, when such care is provided for persons with mental or 190
emotional illness, an intellectual disability, alcoholism, drug 191
misuse and developmental disabilities; 192
(k) To implement best practices for all services 193
specified in Section 41-4-1(2), and to establish and implement all 194
other services delivered by the Department of Mental Health. To 195
carry out this responsibility, the board shall require the 196
department to establish a division responsible for developing best 197
practices based on a comprehensive analysis of the mental health 198
environment to determine what the best practices for each service 199
are. In developing best practices, the board shall consider the 200
cost and benefits associated with each practice with a goal of 201
implementing only those practices that are cost-effective 202
practices for service delivery. Such best practices shall be 203
utilized by the board in establishing performance standards and 204
evaluations of the community mental health centers' services 205
required by paragraph (d) of this section; 206
(l) To assist community or regional programs consistent 207
with the purposes of this chapter by making grants and contracts 208
from available funds; 209
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(m) To establish and collect reasonable fees for 210
necessary inspection services incidental to certification or 211
compliance; 212
(n) To accept gifts, trusts, bequests, grants, 213
endowments or transfers of property of any kind; 214
(o) To receive monies coming to it by way of fees for 215
services or by appropriations; 216
(p) To serve as the single state agency in receiving 217
and administering any and all funds available from any source for 218
the purpose of service delivery, training, research and education 219
in regard to all forms of mental illness, intellectual 220
disabilities, alcoholism, drug misuse and developmental 221
disabilities, unless such funds are specifically designated to a 222
particular agency or institution by the federal government, the 223
Mississippi Legislature or any other grantor; 224
(q) To establish mental health holding centers for the 225
purpose of providing short-term emergency mental health treatment, 226
places for holding persons awaiting commitment proceedings or 227
awaiting placement in a state mental health facility following 228
commitment, and for diverting placement in a state mental health 229
facility. These mental health holding facilities shall be readily 230
accessible, available statewide, and be in compliance with 231
emergency services' minimum standards. They shall be 232
comprehensive and available to triage and make appropriate 233
clinical disposition, including the capability to access inpatient 234
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services or less restrictive alternatives, as needed, as 235
determined by medical staff. Such facility shall have medical, 236
nursing and behavioral services available on a 237
twenty-four-hour-a-day basis. The board may provide for all or 238
part of the costs of establishing and operating the holding 239
centers in each district from such funds as may be appropriated to 240
the board for such use, and may participate in any plan or 241
agreement with any public or private entity under which the entity 242
will provide all or part of the costs of establishing and 243
operating a holding center in any district; 244
(r) To certify/license case managers, mental health 245
therapists, intellectual disability therapists, mental 246
health/intellectual disability program administrators, addiction 247
counselors and others as deemed appropriate by the board. Persons 248
already professionally licensed by another state board or agency 249
are not required to be certified/licensed under this section by 250
the Department of Mental Health. The department shall not use 251
professional titles in its certification/licensure process for 252
which there is an independent licensing procedure. Such 253
certification/licensure shall be valid only in the state mental 254
health system, in programs funded and/or certified by the 255
Department of Mental Health, and/or in programs certified/licensed 256
by the State Department of Health that are operated by the state 257
mental health system serving persons with mental illness, an 258
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intellectual disability, a developmental disability or addictions, 259
and shall not be transferable; 260
(s) To develop formal mental health worker 261
qualifications for regional mental health and intellectual 262
disability commissions and other community service providers. The 263
State Personnel Board shall develop and promulgate a recommended 264
salary scale and career ladder for all regional mental 265
health/intellectual disability center therapists and case managers 266
who work directly with clients. The State Personnel Board shall 267
also develop and promulgate a career ladder for all direct care 268
workers employed by the State Department of Mental Health; 269
(t) The employees of the department shall be governed 270
by personnel merit system rules and regulations, the same as other 271
employees in state services; 272
(u) To establish such rules and regulations as may be 273
necessary in carrying out the provisions of this chapter, 274
including the establishment of a formal grievance procedure to 275
investigate and attempt to resolve consumer complaints; 276
(v) To grant easements for roads, utilities and any 277
other purpose it finds to be in the public interest; 278
(w) To survey statutory designations, building markers 279
and the names given to mental health/intellectual disability 280
facilities and proceedings in order to recommend deletion of 281
obsolete and offensive terminology relative to the mental 282
health/intellectual disability system. Based upon a 283
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recommendation of the executive director, the board shall have the 284
authority to name/rename any facility operated under the auspices 285
of the Department of Mental Health for the sole purpose of 286
deleting such terminology; 287
(x) To ensure an effective case management system 288
directed at persons who have been discharged from state and 289
private psychiatric hospitals to ensure their continued well-being 290
in the community; 291
(y) To develop formal service delivery standards 292
designed to measure the quality of services delivered to community 293
clients, as well as the timeliness of services to community 294
clients provided by regional mental health/intellectual disability 295
commissions and other community services providers; 296
(z) To establish regional state offices to provide 297
mental health crisis intervention centers and services available 298
throughout the state to be utilized on a case-by-case emergency 299
basis. The regional services director, other staff and delivery 300
systems shall meet the minimum standards of the Department of 301
Mental Health; 302
(aa) To require performance contracts with community 303
mental health/intellectual disability service providers to contain 304
performance indicators to measure successful outcomes, including 305
diversion of persons from inpatient psychiatric hospitals, 306
rapid/timely response to emergency cases, client satisfaction with 307
services and other relevant performance measures; 308
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(bb) To enter into interagency agreements with other 309
state agencies, school districts and other local entities as 310
determined necessary by the department to ensure that local mental 311
health service entities are fulfilling their responsibilities to 312
the overall state plan for behavioral services; 313
(cc) To establish and maintain a toll-free grievance 314
reporting telephone system for the receipt and referral for 315
investigation of all complaints by clients of state and community 316
mental health/intellectual disability facilities; 317
(dd) To establish a peer review/quality assurance 318
evaluation system that assures that appropriate assessment, 319
diagnosis and treatment is provided according to established 320
professional criteria and guidelines; 321
(ee) To develop and implement state plans for the 322
purpose of assisting with the care and treatment of persons with 323
Alzheimer's disease and other dementia. This plan shall include 324
education and training of service providers, caregivers in the 325
home setting and others who deal with persons with Alzheimer's 326
disease and other dementia, and development of adult day care, 327
family respite care and counseling programs to assist families who 328
maintain persons with Alzheimer's disease and other dementia in 329
the home setting. No agency shall be required to provide any 330
services under this section until such time as sufficient funds 331
have been appropriated or otherwise made available by the 332
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Legislature specifically for the purposes of the treatment of 333
persons with Alzheimer's and other dementia; 334
(ff) Working with the advice and consent of the 335
administration of Ellisville State School, to enter into 336
negotiations with the Economic Development Authority of Jones 337
County for the purpose of negotiating the possible exchange, lease 338
or sale of lands owned by Ellisville State School to the Economic 339
Development Authority of Jones County. It is the intent of the 340
Mississippi Legislature that such negotiations shall ensure that 341
the financial interest of the persons with an intellectual 342
disability served by Ellisville State School will be held 343
paramount in the course of these negotiations. The Legislature 344
also recognizes the importance of economic development to the 345
citizens of the State of Mississippi and Jones County, and 346
encourages fairness to the Economic Development Authority of Jones 347
County. Any negotiations proposed which would result in the 348
recommendation for exchange, lease or sale of lands owned by 349
Ellisville State School must have the approval of the State Board 350
of Mental Health. The State Board of Mental Health may and has 351
the final authority as to whether or not these negotiations result 352
in the exchange, lease or sale of the properties it currently 353
holds in trust for persons with an intellectual disability served 354
at Ellisville State School. 355
If the State Board of Mental Health authorizes the sale of 356
lands owned by Ellisville State School, as provided for under this 357
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paragraph (ff), the monies derived from the sale shall be placed 358
into a special fund that is created in the State Treasury to be 359
known as the "Ellisville State School Client's Trust Fund." The 360
principal of the trust fund shall remain inviolate and shall never 361
be expended. Any interest earned on the principal may be expended 362
solely for the benefits of clients served at Ellisville State 363
School. The State Treasurer shall invest the monies of the trust 364
fund in any of the investments authorized for the Mississippi 365
Prepaid Affordable College Tuition Program under Section 37-155-9, 366
and those investments shall be subject to the limitations 367
prescribed by Section 37-155-9. Unexpended amounts remaining in 368
the trust fund at the end of a fiscal year shall not lapse into 369
the State General Fund, and any interest earned on amounts in the 370
trust fund shall be deposited to the credit of the trust fund. 371
The administration of Ellisville State School may use any interest 372
earned on the principal of the trust fund, upon appropriation by 373
the Legislature, as needed for services or facilities by the 374
clients of Ellisville State School. Ellisville State School shall 375
make known to the Legislature, through the Legislative Budget 376
Committee and the respective Appropriations Committees of the 377
House and Senate, its proposed use of interest earned on the 378
principal of the trust fund for any fiscal year in which it 379
proposes to make expenditures thereof. The State Treasurer shall 380
provide Ellisville State School with an annual report on the 381
Ellisville State School Client's Trust Fund to indicate the total 382
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monies in the trust fund, interest earned during the year, 383
expenses paid from the trust fund and such other related 384
information. 385
Nothing in this section shall be construed as applying to or 386
affecting mental health/intellectual disability services provided 387
by hospitals as defined in Section 41-9-3(a), and/or their 388
subsidiaries and divisions, which hospitals, subsidiaries and 389
divisions are licensed and regulated by the Mississippi State 390
Department of Health unless such hospitals, subsidiaries or 391
divisions voluntarily request certification by the Mississippi 392
State Department of Mental Health. 393
All new programs authorized under this section shall be 394
subject to the availability of funds appropriated therefor by the 395
Legislature; 396
(gg) Working with the advice and consent of the 397
administration of Boswell Regional Center, to enter into 398
negotiations with the Economic Development Authority of Simpson 399
County for the purpose of negotiating the possible exchange, lease 400
or sale of lands owned by Boswell Regional Center to the Economic 401
Development Authority of Simpson County. It is the intent of the 402
Mississippi Legislature that such negotiations shall ensure that 403
the financial interest of the persons with an intellectual 404
disability served by Boswell Regional Center will be held 405
paramount in the course of these negotiations. The Legislature 406
also recognizes the importance of economic development to the 407
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citizens of the State of Mississippi and Simpson County, and 408
encourages fairness to the Economic Development Authority of 409
Simpson County. Any negotiations proposed which would result in 410
the recommendation for exchange, lease or sale of lands owned by 411
Boswell Regional Center must have the approval of the State Board 412
of Mental Health. The State Board of Mental Health may and has 413
the final authority as to whether or not these negotiations result 414
in the exchange, lease or sale of the properties it currently 415
holds in trust for persons with an intellectual disability served 416
at Boswell Regional Center. In any such exchange, lease or sale 417
of such lands owned by Boswell Regional Center, title to all 418
minerals, oil and gas on such lands shall be reserved, together 419
with the right of ingress and egress to remove same, whether such 420
provisions be included in the terms of any such exchange, lease or 421
sale or not. 422
If the State Board of Mental Health authorizes the sale of 423
lands owned by Boswell Regional Center, as provided for under this 424
paragraph (gg), the monies derived from the sale shall be placed 425
into a special fund that is created in the State Treasury to be 426
known as the "Boswell Regional Center Client's Trust Fund." The 427
principal of the trust fund shall remain inviolate and shall never 428
be expended. Any earnings on the principal may be expended solely 429
for the benefits of clients served at Boswell Regional Center. 430
The State Treasurer shall invest the monies of the trust fund in 431
any of the investments authorized for the Mississippi Prepaid 432
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Affordable College Tuition Program under Section 37-155-9, and 433
those investments shall be subject to the limitations prescribed 434
by Section 37-155-9. Unexpended amounts remaining in the trust 435
fund at the end of a fiscal year shall not lapse into the State 436
General Fund, and any earnings on amounts in the trust fund shall 437
be deposited to the credit of the trust fund. The administration 438
of Boswell Regional Center may use any earnings on the principal 439
of the trust fund, upon appropriation by the Legislature, as 440
needed for services or facilities by the clients of Boswell 441
Regional Center. Boswell Regional Center shall make known to the 442
Legislature, through the Legislative Budget Committee and the 443
respective Appropriations Committees of the House and Senate, its 444
proposed use of the earnings on the principal of the trust fund 445
for any fiscal year in which it proposes to make expenditures 446
thereof. The State Treasurer shall provide Boswell Regional 447
Center with an annual report on the Boswell Regional Center 448
Client's Trust Fund to indicate the total monies in the trust 449
fund, interest and other income earned during the year, expenses 450
paid from the trust fund and such other related information. 451
Nothing in this section shall be construed as applying to or 452
affecting mental health/intellectual disability services provided 453
by hospitals as defined in Section 41-9-3(a), and/or their 454
subsidiaries and divisions, which hospitals, subsidiaries and 455
divisions are licensed and regulated by the Mississippi State 456
Department of Health unless such hospitals, subsidiaries or 457
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divisions voluntarily request certification by the Mississippi 458
State Department of Mental Health. 459
All new programs authorized under this section shall be 460
subject to the availability of funds appropriated therefor by the 461
Legislature; 462
(hh) Notwithstanding any other section of the code, the 463
Board of Mental Health shall be authorized to fingerprint and 464
perform a criminal history record check on every employee or 465
volunteer. Every employee and volunteer shall provide a valid 466
current social security number and/or driver's license number 467
which shall be furnished to conduct the criminal history record 468
check. If no disqualifying record is identified at the state 469
level, fingerprints shall be forwarded to the Federal Bureau of 470
Investigation for a national criminal history record check; 471
(ii) The Department of Mental Health shall have the 472
authority for the development of a consumer friendly single point 473
of intake and referral system within its service areas for persons 474
with mental illness, an intellectual disability, developmental 475
disabilities or alcohol or substance abuse who need assistance 476
identifying or accessing appropriate services. The department 477
will develop and implement a comprehensive evaluation procedure 478
ensuring that, where appropriate, the affected person or their 479
parent or legal guardian will be involved in the assessment and 480
planning process. The department, as the point of intake and as 481
service provider, shall have the authority to determine the 482
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appropriate institutional, hospital or community care setting for 483
persons who have been diagnosed with mental illness, an 484
intellectual disability, developmental disabilities and/or alcohol 485
or substance abuse, and may provide for the least restrictive 486
placement if the treating professional believes such a setting is 487
appropriate, if the person affected or * * * his or her parent or 488
legal guardian wants such services, and if the department can do 489
so with a reasonable modification of the program without creating 490
a fundamental alteration of the program. The least restrictive 491
setting could be an institution, hospital or community setting, 492
based upon the needs of the affected person or * * * his or her 493
parent or legal guardian; 494
(jj) To have the sole power and discretion to enter 495
into, sign, execute and deliver long-term or multiyear leases of 496
real and personal property owned by the Department of Mental 497
Health to and from other state and federal agencies and private 498
entities deemed to be in the public's best interest. Any monies 499
derived from such leases shall be deposited into the funds of the 500
Department of Mental Health for its exclusive use. Leases to 501
private entities shall be approved by the Department of Finance 502
and Administration, and all leases shall be filed with the 503
Secretary of State; 504
(kk) To certify and establish minimum standards and 505
minimum required services for county facilities used for housing, 506
feeding and providing medical treatment for any person who has 507
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been involuntarily ordered admitted to a treatment center by a 508
court of competent jurisdiction. The minimum standard for the 509
initial assessment of those persons being housed in county 510
facilities is for the assessment to be performed by a physician, 511
preferably a psychiatrist, or by a nurse practitioner, preferably 512
a psychiatric nurse practitioner. If the department finds 513
deficiencies in any such county facility or its provider based on 514
the minimum standards and minimum required services established 515
for certification, the department shall give the county or its 516
provider a six-month probationary period to bring its standards 517
and services up to the established minimum standards and minimum 518
required services. After the six-month probationary period, if 519
the department determines that the county or its provider still 520
does not meet the minimum standards and minimum required services, 521
the department may remove the certification of the county or 522
provider and require the county to contract with another county 523
having a certified facility to hold those persons for that period 524
of time pending transportation and admission to a state treatment 525
facility. Any cost incurred by a county receiving an 526
involuntarily committed person from a county with a decertified 527
holding facility shall be reimbursed by the home county to the 528
receiving county; * * * 529
(ll) To provide orientation training to all new 530
commissioners of regional commissions and annual training for all 531
commissioners with continuing education regarding the Mississippi 532
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mental health system and services as developed by the State 533
Department of Mental Health. Training shall be provided at the 534
expense of the department except for travel expenses which shall 535
be paid by the regional commission * * *; 536
(mm) To assess the performance of the community mental 537
health centers, the department shall develop and promulgate a 538
rating scale with performance standards to use in performance 539
audits. The performance standards shall identify the data that 540
the community mental health centers must provide to the department 541
to enable the department to assess their performance. The 542
department shall develop and promulgate the performance standards 543
by June 30, 2027. The department shall begin conducting 544
performance audits during fiscal year 2028. The department shall 545
conduct a performance audit of each community mental health center 546
at least once every two (2) years. If the community mental health 547
center does not achieve a passing score on a performance audit, 548
the department shall give the regional commission or community 549
mental health center a six-month probationary period to achieve a 550
passing score. If the community mental health center does not 551
achieve a passing score on the performance audit after the 552
six-month probationary period, the regional commission shall 553
replace the community mental health center's executive director 554
and any other officers identified by the department with 555
contractors selected by the department to operate the community 556
mental health center. The department shall provide written notice 557
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of intent to replace the executive director to the community 558
mental health center's executive director and regional commission. 559
The decision to replace the executive director with a contractor 560
shall constitute an appealable action. The community mental 561
health center's board of commissioners may submit a written 562
request for appeal to the State Board of Mental Health within 563
fourteen (14) days of receipt of the notice of intent. The State 564
Board of Mental Health shall conduct a hearing within ninety (90) 565
days of receipt of the request for appeal and shall issue a ruling 566
within thirty (30) days of the hearing. Replacement shall occur 567
only upon a final decision of the State Board of Mental Health 568
after appeal. The department is responsible for contracting with 569
the contractor and providing the funds to pay for the contractor. 570
Any contractor selected by the department shall not expend 571
community mental health center funds without approval of the 572
community mental health center's board of commissioners and shall 573
provide monthly progress reports to the board during the period of 574
engagement. The department shall be the party that contracts with 575
the contractors, and the contractors shall report to the 576
department. 577
The contractor(s) selected by the department shall have the 578
full powers and authority possessed by the officer he or she 579
replaces. The contractor(s) shall remain in place until the 580
department determines in its reasonable judgment that the 581
community mental health center has attained sustained compliance 582
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with the performance standards. The contractor(s) shall 583
periodically report to the department on the progress being made 584
by the community mental health center. Once the department 585
determines that the community mental health center has come back 586
into compliance, the community mental health center shall have a 587
six-month period to demonstrate continued compliance. If the 588
community mental health center fails to maintain compliance during 589
this period, the department may take other necessary actions to 590
ensure compliance. The community mental health center must comply 591
with any additional requirements set forth by the department; and 592
(nn) No rules, regulations, operational standards, 593
performance standards or other standards promulgated by the board 594
or the department shall be construed to create a cause of action. 595
SECTION 2. Section 27-104-7, Mississippi Code of 1972, is 596
amended as follows: 597
27-104-7. (1) (a) There is created the Public Procurement 598
Review Board, which shall be reconstituted on January 1, 2018, and 599
shall be composed of the following members: 600
(i) Three (3) individuals appointed by the 601
Governor with the advice and consent of the Senate; 602
(ii) Two (2) individuals appointed by the 603
Lieutenant Governor with the advice and consent of the Senate; and 604
(iii) The Executive Director of the Department of 605
Finance and Administration, serving as an ex officio and nonvoting 606
member. 607
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(b) The initial terms of each appointee shall be as 608
follows: 609
(i) One (1) member appointed by the Governor to 610
serve for a term ending on June 30, 2019; 611
(ii) One (1) member appointed by the Governor to 612
serve for a term ending on June 30, 2020; 613
(iii) One (1) member appointed by the Governor to 614
serve for a term ending on June 30, 2021; 615
(iv) One (1) member appointed by the Lieutenant 616
Governor to serve for a term ending on June 30, 2019; and 617
(v) One (1) member appointed by the Lieutenant 618
Governor to serve for a term ending on June 30, 2020. 619
After the expiration of the initial terms, all appointed 620
members' terms shall be for a period of four (4) years from the 621
expiration date of the previous term, and until such time as the 622
member's successor is duly appointed and qualified. 623
(c) When appointing members to the Public Procurement 624
Review Board, the Governor and Lieutenant Governor shall take into 625
consideration persons who possess at least five (5) years of 626
management experience in general business, health care or finance 627
for an organization, corporation or other public or private 628
entity. Any person, or any employee or owner of a company, who 629
receives any grants, procurements or contracts that are subject to 630
approval under this section shall not be appointed to the Public 631
Procurement Review Board. Any person, or any employee or owner of 632
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a company, who is a principal of the source providing a personal 633
or professional service shall not be appointed to the Public 634
Procurement Review Board if the principal owns or controls a 635
greater than five percent (5%) interest or has an ownership value 636
of One Million Dollars ($1,000,000.00) in the source's business, 637
whichever is smaller. No member shall be an officer or employee 638
of the State of Mississippi while serving as a voting member on 639
the Public Procurement Review Board. 640
(d) Members of the Public Procurement Review Board 641
shall be entitled to per diem as authorized by Section 25-3-69 and 642
travel reimbursement as authorized by Section 25-3-41. 643
(e) The members of the Public Procurement Review Board 644
shall elect a chair from among the membership, and he or she shall 645
preside over the meetings of the board. The board shall annually 646
elect a vice chair, who shall serve in the absence of the chair. 647
No business shall be transacted, including adoption of rules of 648
procedure, without the presence of a quorum of the board. Three 649
(3) members shall be a quorum. No action shall be valid unless 650
approved by a majority of the members present and voting, entered 651
upon the minutes of the board and signed by the chair. Necessary 652
clerical and administrative support for the board shall be 653
provided by the Department of Finance and Administration. Minutes 654
shall be kept of the proceedings of each meeting, copies of which 655
shall be filed on a monthly basis with the chairs of the 656
Accountability, Efficiency and Transparency Committees of the 657
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Senate and House of Representatives and the chairs of the 658
Appropriations Committees of the Senate and House of 659
Representatives. 660
(2) The Public Procurement Review Board shall have the 661
following powers and responsibilities: 662
(a) Approve all purchasing regulations governing the 663
purchase or lease by any agency, as defined in Section 31-7-1, of 664
commodities and equipment, except computer equipment acquired 665
pursuant to Sections 25-53-1 through 25-53-29; 666
(b) Adopt regulations governing the approval of 667
contracts let for the construction and maintenance of state 668
buildings and other state facilities as well as related contracts 669
for architectural and engineering services. 670
The provisions of this paragraph (b) shall not apply to such 671
contracts involving buildings and other facilities of state 672
institutions of higher learning which are self-administered as 673
provided under this paragraph (b) or Section 37-101-15(m); 674
(c) Adopt regulations governing any lease or rental 675
agreement by any state agency or department, including any state 676
agency financed entirely by federal funds, for space outside the 677
buildings under the jurisdiction of the Department of Finance and 678
Administration. These regulations shall require each agency 679
requesting to lease such space to provide the following 680
information that shall be published by the Department of Finance 681
and Administration on its website: the agency to lease the space; 682
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the terms of the lease; the approximate square feet to be leased; 683
the use for the space; a description of a suitable space; the 684
general location desired for the leased space; the contact 685
information for a person from the agency; the deadline date for 686
the agency to have received a lease proposal; any other specific 687
terms or conditions of the agency; and any other information 688
deemed appropriate by the Division of Real Property Management of 689
the Department of Finance and Administration or the Public 690
Procurement Review Board. The information shall be provided 691
sufficiently in advance of the time the space is needed to allow 692
the Division of Real Property Management of the Department of 693
Finance and Administration to review and preapprove the lease 694
before the time for advertisement begins; 695
(d) Adopt, in its discretion, regulations to set aside 696
at least five percent (5%) of anticipated annual expenditures for 697
the purchase of commodities from minority businesses; however, all 698
such set-aside purchases shall comply with all purchasing 699
regulations promulgated by the department and shall be subject to 700
all bid requirements. Set-aside purchases for which competitive 701
bids are required shall be made from the lowest and best minority 702
business bidder; however, if no minority bid is available or if 703
the minority bid is more than two percent (2%) higher than the 704
lowest bid, then bids shall be accepted and awarded to the lowest 705
and best bidder. However, the provisions in this paragraph shall 706
not be construed to prohibit the rejection of a bid when only one 707
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(1) bid is received. Such rejection shall be placed in the 708
minutes. For the purposes of this paragraph, the term "minority 709
business" means a business which is owned by a person who is a 710
citizen or lawful permanent resident of the United States and who 711
is: 712
(i) Black: having origins in any of the black 713
racial groups of Africa; 714
(ii) Hispanic: of Mexican, Puerto Rican, Cuban, 715
Central or South American, or other Spanish or Portuguese culture 716
or origin regardless of race; 717
(iii) Asian-American: having origins in any of 718
the original people of the Far East, Southeast Asia, the Indian 719
subcontinent, or the Pacific Islands; 720
(iv) American Indian or Alaskan Native: having 721
origins in any of the original people of North America; or 722
(v) Female; 723
(e) In consultation with and approval by the Chairs of 724
the Senate and House Public Property Committees, approve leases, 725
for a term not to exceed eighteen (18) months, entered into by 726
state agencies for the purpose of providing parking arrangements 727
for state employees who work in the Woolfolk Building, the Carroll 728
Gartin Justice Building or the Walter Sillers Office Building; 729
(f) (i) Except as otherwise provided in subparagraph 730
(ii) of this paragraph, promulgate rules and regulations governing 731
the solicitation and selection of contractual services personnel, 732
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including personal and professional services contracts for any 733
form of consulting, policy analysis, public relations, marketing, 734
public affairs, legislative advocacy services or any other 735
contract that the board deems appropriate for oversight, with the 736
exception of: 737
1. Any personal service contracts entered 738
into by any agency that employs only nonstate service employees as 739
defined in Section 25-9-107(c); 740
2. Any personal service contracts entered 741
into for computer or information technology-related services 742
governed by the Mississippi Department of Information Technology 743
Services; 744
3. Any personal service contracts entered 745
into by the individual state institutions of higher learning; 746
4. Any personal service contracts entered 747
into by the Mississippi Department of Transportation; 748
5. Any personal service contracts entered 749
into by the Department of Human Services through June 30, 2019, 750
which the Executive Director of the Department of Human Services 751
determines would be useful in establishing and operating the 752
Department of Child Protection Services; 753
6. Any personal service contracts entered 754
into by the Department of Child Protection Services through June 755
30, 2019; 756
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7. Any contracts for entertainers and/or 757
performers at the Mississippi State Fairgrounds entered into by 758
the Mississippi Fair Commission; 759
8. Any contracts entered into by the 760
Department of Finance and Administration when procuring aircraft 761
maintenance, parts, equipment and/or services; 762
9. Any contract entered into by the 763
Department of Public Safety for service on specialized equipment 764
and/or software required for the operation of such specialized 765
equipment for use by the Office of Forensics Laboratories; 766
10. Any personal or professional service 767
contract entered into by the Mississippi Department of Health or 768
the Department of Revenue solely in connection with their 769
respective responsibilities under the Mississippi Medical Cannabis 770
Act from February 2, 2022, through June 30, 2026; 771
11. Any contract for attorney, accountant, 772
actuary auditor, architect, engineer, anatomical pathologist, or 773
utility rate expert services; 774
12. Any personal service contracts approved 775
by the Executive Director of the Department of Finance and 776
Administration and entered into by the Coordinator of Mental 777
Health Accessibility through June 30, 2022; 778
13. Any personal or professional services 779
contract entered into by the State Department of Health in 780
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carrying out its responsibilities under the ARPA Rural Water 781
Associations Infrastructure Grant Program through June 30, 2026; 782
14. And any personal or professional services 783
contract entered into by the Mississippi Department of 784
Environmental Quality in carrying out its responsibilities under 785
the Mississippi Municipality and County Water Infrastructure Grant 786
Program Act of 2022, through June 30, 2026; 787
15. Any personal or professional services 788
contract entered into by an agency for the design, operation or 789
maintenance of museum exhibits. An agency making a purchase under 790
this exemption shall publicly advertise a Request for 791
Qualifications but shall be otherwise exempt. Any contracts 792
arising from the use of this exemption must be approved by the 793
Public Procurement Review Board prior to execution by the agency; 794
16. Any personal or professional services 795
contract entered into by the Mississippi Department of 796
Environmental Quality in carrying out its responsibilities under 797
Section 49-2-13(l). This item 16 shall stand repealed on July 1, 798
2028; * * * 799
17. Any contract entered into by the State 800
Department of Health for service on specialized equipment and/or 801
software required for the operation of such specialized equipment 802
for the use by the Public Health Laboratory * * *; and 803
18. Any personal or professional service 804
contract entered into by the Mississippi Department of Mental 805
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Health in carrying out its responsibilities set forth in Section 806
41-4-7(mm). 807
Any such rules and regulations shall provide for maintaining 808
continuous internal audit covering the activities of such agency 809
affecting its revenue and expenditures as required under Section 810
7-7-3(6)(d). Any rules and regulation changes related to personal 811
and professional services contracts that the Public Procurement 812
Review Board may propose shall be submitted to the Chairs of the 813
Accountability, Efficiency and Transparency Committees of the 814
Senate and House of Representatives and the Chairs of the 815
Appropriation Committees of the Senate and House of 816
Representatives at least fifteen (15) days before the board votes 817
on the proposed changes, and those rules and regulation changes, 818
if adopted, shall be promulgated in accordance with the 819
Mississippi Administrative Procedures Act. 820
(ii) From and after July 1, 2024, the Public 821
Procurement Review Board shall promulgate rules and regulations 822
that require the Department of Finance and Administration to 823
conduct personal and professional services solicitations as 824
provided in subparagraph (i) of this paragraph for those services 825
in excess of Seventy-five Thousand Dollars ($75,000.00) for the 826
Department of Marine Resources, the Department of Wildlife, 827
Fisheries and Parks, the Mississippi Emergency Management Agency 828
and the Mississippi Development Authority, with assistance to be 829
provided from these entities. Any powers that have been conferred 830
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upon agencies in order to comply with the provisions of this 831
section for personal and professional services solicitations shall 832
be conferred upon the Department of Finance and Administration to 833
conduct personal and professional services solicitations for the 834
Department of Marine Resources, the Department of Wildlife, 835
Fisheries and Parks, the Mississippi Emergency Management Agency 836
and the Mississippi Development Authority for those services in 837
excess of Seventy-five Thousand Dollars ($75,000.00). The 838
Department of Finance and Administration shall make any 839
submissions that are required to be made by other agencies to the 840
Public Procurement Review Board for the Department of Marine 841
Resources, the Department of Wildlife, Fisheries and Parks, the 842
Mississippi Emergency Management Agency and the Mississippi 843
Development Authority. 844
The provisions of this subparagraph (ii) shall stand repealed 845
on June 30, 2027; 846
(g) Approve all personal and professional services 847
contracts involving the expenditures of funds in excess of 848
Seventy-five Thousand Dollars ($75,000.00), except as provided in 849
paragraph (f) of this subsection (2) and in subsection (8); 850
(h) Develop mandatory standards with respect to 851
contractual services personnel that require invitations for public 852
bid, requests for proposals, record keeping and financial 853
responsibility of contractors. The Public Procurement Review 854
Board shall, unless exempted under this paragraph (h) or under 855
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paragraph (i) or (o) of this subsection (2), require the agency 856
involved to submit the procurement to a competitive procurement 857
process, and may reserve the right to reject any or all resulting 858
procurements; 859
(i) Prescribe certain circumstances by which agency 860
heads may enter into contracts for personal and professional 861
services without receiving prior approval from the Public 862
Procurement Review Board. The Public Procurement Review Board may 863
establish a preapproved list of providers of various personal and 864
professional services for set prices with which state agencies may 865
contract without bidding or prior approval from the board; 866
(i) Agency requirements may be fulfilled by 867
procuring services performed incident to the state's own programs. 868
The agency head shall determine in writing whether the price 869
represents a fair market value for the services. When the 870
procurements are made from other governmental entities, the 871
private sector need not be solicited; however, these contracts 872
shall still be submitted for approval to the Public Procurement 873
Review Board * * *; and 874
(ii) Contracts between two (2) state agencies, 875
both under Public Procurement Review Board purview, shall not 876
require Public Procurement Review Board approval. However, the 877
contracts shall still be entered into the enterprise resource 878
planning system; 879
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(j) Provide standards for the issuance of requests for 880
proposals, the evaluation of proposals received, consideration of 881
costs and quality of services proposed, contract negotiations, the 882
administrative monitoring of contract performance by the agency 883
and successful steps in terminating a contract; 884
(k) Present recommendations for governmental 885
privatization and to evaluate privatization proposals submitted by 886
any state agency; 887
(l) Authorize personal and professional service 888
contracts to be effective for more than one (1) year provided a 889
funding condition is included in any such multiple year contract, 890
except the State Board of Education, which shall have the 891
authority to enter into contractual agreements for student 892
assessment for a period up to ten (10) years. The State Board of 893
Education shall procure these services in accordance with the 894
Public Procurement Review Board procurement regulations; 895
(m) Request the State Auditor to conduct a performance 896
audit on any personal or professional service contract; 897
(n) Prepare an annual report to the Legislature 898
concerning the issuance of personal and professional services 899
contracts during the previous year, collecting any necessary 900
information from state agencies in making such report; 901
(o) Develop and implement the following standards and 902
procedures for the approval of any sole source contract for 903
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personal and professional services regardless of the value of the 904
procurement: 905
(i) For the purposes of this paragraph (o), the 906
term "sole source" means only one (1) source is available that can 907
provide the required personal or professional service. 908
(ii) An agency that has been issued a binding, 909
valid court order mandating that a particular source or provider 910
must be used for the required service must include a copy of the 911
applicable court order in all future sole source contract reviews 912
for the particular personal or professional service referenced in 913
the court order. 914
(iii) Any agency alleging to have a sole source 915
for any personal or professional service, other than those 916
exempted under paragraph (f) of this subsection (2) and subsection 917
(8), shall publish on the procurement portal website established 918
by Sections 25-53-151 and 27-104-165, for at least fourteen (14) 919
days, the terms of the proposed contract for those services. In 920
addition, the publication shall include, but is not limited to, 921
the following information: 922
1. The personal or professional service 923
offered in the contract; 924
2. An explanation of why the personal or 925
professional service is the only one that can meet the needs of 926
the agency; 927
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3. An explanation of why the source is the 928
only person or entity that can provide the required personal or 929
professional service; 930
4. An explanation of why the amount to be 931
expended for the personal or professional service is reasonable; 932
and 933
5. The efforts that the agency went through 934
to obtain the best possible price for the personal or professional 935
service. 936
(iv) If any person or entity objects and proposes 937
that the personal or professional service published under 938
subparagraph (iii) of this paragraph (o) is not a sole source 939
service and can be provided by another person or entity, then the 940
objecting person or entity shall notify the Public Procurement 941
Review Board and the agency that published the proposed sole 942
source contract with a detailed explanation of why the personal or 943
professional service is not a sole source service. 944
(v) 1. If the agency determines after review that 945
the personal or professional service in the proposed sole source 946
contract can be provided by another person or entity, then the 947
agency must withdraw the sole source contract publication from the 948
procurement portal website and submit the procurement of the 949
personal or professional service to an advertised competitive bid 950
or selection process. 951
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2. If the agency determines after review that 952
there is only one (1) source for the required personal or 953
professional service, then the agency may appeal to the Public 954
Procurement Review Board. The agency has the burden of proving 955
that the personal or professional service is only provided by one 956
(1) source. 957
3. If the Public Procurement Review Board has 958
any reasonable doubt as to whether the personal or professional 959
service can only be provided by one (1) source, then the agency 960
must submit the procurement of the personal or professional 961
service to an advertised competitive bid or selection process. No 962
action taken by the Public Procurement Review Board in this appeal 963
process shall be valid unless approved by a majority of the 964
members of the Public Procurement Review Board present and voting. 965
(vi) The Public Procurement Review Board shall 966
prepare and submit a quarterly report to the House of 967
Representatives and Senate Accountability, Efficiency and 968
Transparency Committees that details the sole source contracts 969
presented to the Public Procurement Review Board and the reasons 970
that the Public Procurement Review Board approved or rejected each 971
contract. These quarterly reports shall also include the 972
documentation and memoranda required in subsection (4) of this 973
section. An agency that submitted a sole source contract shall be 974
prepared to explain the sole source contract to each committee by 975
December 15 of each year upon request by the committee; 976
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(p) Assess any fines and administrative penalties 977
provided for in Sections 31-7-401 through 31-7-423. 978
(3) All submissions shall be made sufficiently in advance of 979
each monthly meeting of the Public Procurement Review Board as 980
prescribed by the Public Procurement Review Board. If the Public 981
Procurement Review Board rejects any contract submitted for review 982
or approval, the Public Procurement Review Board shall clearly set 983
out the reasons for its action, including, but not limited to, the 984
policy that the agency has violated in its submitted contract and 985
any corrective actions that the agency may take to amend the 986
contract to comply with the rules and regulations of the Public 987
Procurement Review Board. 988
(4) All sole source contracts for personal and professional 989
services awarded by state agencies, other than those exempted 990
under Section 27-104-7(2)(f) and (8), whether approved by an 991
agency head or the Public Procurement Review Board, shall contain 992
in the procurement file a written determination for the approval, 993
using a request form furnished by the Public Procurement Review 994
Board. The written determination shall document the basis for the 995
determination, including any market analysis conducted in order to 996
ensure that the service required was practicably available from 997
only one (1) source. A memorandum shall accompany the request 998
form and address the following four (4) points: 999
(a) Explanation of why this service is the only service 1000
that can meet the needs of the purchasing agency; 1001
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(b) Explanation of why this vendor is the only 1002
practicably available source from which to obtain this service; 1003
(c) Explanation of why the price is considered 1004
reasonable; and 1005
(d) Description of the efforts that were made to 1006
conduct a noncompetitive negotiation to get the best possible 1007
price for the taxpayers. 1008
(5) In conjunction with the State Personnel Board, the 1009
Public Procurement Review Board shall develop and promulgate rules 1010
and regulations to define the allowable legal relationship between 1011
contract employees and the contracting departments, agencies and 1012
institutions of state government under the jurisdiction of the 1013
State Personnel Board, in compliance with the applicable rules and 1014
regulations of the federal Internal Revenue Service (IRS) for 1015
federal employment tax purposes. Under these regulations, the 1016
usual common law rules are applicable to determine and require 1017
that such worker is an independent contractor and not an employee, 1018
requiring evidence of lawful behavioral control, lawful financial 1019
control and lawful relationship of the parties. Any state 1020
department, agency or institution shall only be authorized to 1021
contract for personnel services in compliance with those 1022
regulations. 1023
(6) No member of the Public Procurement Review Board shall 1024
use his or her official authority or influence to coerce, by 1025
threat of discharge from employment, or otherwise, the purchase of 1026
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PAGE 42

commodities, the contracting for personal or professional 1027
services, or the contracting for public construction under this 1028
chapter. 1029
(7) Notwithstanding any other laws or rules to the contrary, 1030
the provisions of subsection (2) of this section shall not be 1031
applicable to the Mississippi State Port Authority at Gulfport. 1032
(8) Nothing in this section shall impair or limit the 1033
authority of the Board of Trustees of the Public Employees' 1034
Retirement System to enter into any personal or professional 1035
services contracts directly related to their constitutional 1036
obligation to manage the trust funds, including, but not limited 1037
to, actuarial, custodial banks, cash management, investment 1038
consultant and investment management contracts. Nothing in this 1039
section shall impair or limit the authority of the State Treasurer 1040
to enter into any personal or professional services contracts 1041
involving the management of trust funds, including, but not 1042
limited to, actuarial, custodial banks, cash management, 1043
investment consultant and investment management contracts. 1044
(9) Through December 31, 2026, the provisions of this 1045
section related to rental agreements or leasing of real property 1046
for the purpose of conducting agency business shall not apply to 1047
the Office of Workforce Development created in Section 37-153-7. 1048
SECTION 3. Sections 41-20-1, 41-20-3, 41-20-5, 41-20-7, 1049
41-20-9 and 41-20-11, Mississippi Code of 1972, which create 1050
within the Department of Finance and Administration a position 1051
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PAGE 43
ST: DMH; require to promulgate performance
standards and perform periodic audits to assess
Community Mental Health Centers.
known as the Coordinator of Mental Health Accessibility, provide 1052
for appointment, qualifications, expenses and salary for the 1053
position, establish powers, duties and discretionary 1054
responsibilities of the position, require inter-agency cooperation 1055
with the Coordinator of Mental Health Accessibility in performing 1056
his or her duties, and related provisions, are repealed. 1057
SECTION 4. This act shall take effect and be in force from 1058
and after July 1, 2026, and shall stand repealed on June 30, 2026. 1059