Health Care Certificate of Need Law; repeal.

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To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Hill

SENATE BILL NO. 2560

AN ACT TO REPEAL SECTIONS 41-7-171 THROUGH 41-7-209, 1
MISSISSIPPI CODE OF 1972, WHICH ARE THE MISSISSIPPI HEALTH CARE 2
CERTIFICATE OF NEED LAW OF 1979; TO AMEND SECTIONS 23-15-625, 3
25-41-7, 35-1-19, 41-3-15, 41-4-18, 41-9-11, 41-9-23, 41-9-68, 4
41-9-209, 41-9-210, 41-71-7, 41-71-19, 41-73-5, 41-75-1, 41-75-5, 5
41-75-9, 41-75-25, 41-77-1, 41-77-5, 41-77-21, 41-77-23, 41-77-25, 6
43-11-9, 43-11-19, 43-13-117.5 AND 57-117-5, MISSISSIPPI CODE OF 7
1972, AND TO REPEAL SECTION 41-9-311, MISSISSIPPI CODE OF 1972, TO 8
CONFORM TO THE PRECEDING PROVISION; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Sections 41-7-171, 41-7-173, 41-7-175, 41-7-183, 11
41-7-185, 41-7-187, 41-7-188, 41-7-189, 41-7-190, 41-7-191, 12
41-7-193, 41-7-195, 41-7-197, 41-7-201, 41-7-202, 41-7-205, 13
41-7-207 and 41-7-209, Mississippi Code of 1972, which are the 14
Mississippi Health Care Certificate of Need Law of 1979, are 15
repealed. 16
SECTION 2. Section 23-15-625, Mississippi Code of 1972, is 17
amended as follows: 18
23-15-625. (1) The registrar shall be responsible for 19
providing applications for absentee voting as provided in this 20
section. At least sixty (60) days before any election in which 21
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absentee voting is provided for by law, the registrar shall 22
provide a sufficient number of applications. In the event a 23
special election is called and set at a date which makes it 24
impractical or impossible to prepare applications for absent 25
elector's ballot sixty (60) days before the election, the 26
registrar shall provide applications as soon as practicable after 27
the election is called. The registrar shall fill in the date of 28
the particular election on the application for which the 29
application will be used. For voters appearing in person to cast 30
an absentee vote, the application and elector certificate shall be 31
printed on the absentee ballot envelope as provided in Section 32
23-15-659. 33
(2) The registrar shall be authorized to disburse 34
applications for absentee ballots to any qualified elector within 35
the county where he or she serves. Any person who presents to the 36
registrar an oral or written request for an absentee ballot 37
application for a voter entitled to vote absentee by mail, other 38
than the elector who seeks to vote by absentee ballot, shall, in 39
the presence of the registrar, sign the application and print on 40
the application his or her name and address and the name of the 41
elector for whom the application is being requested in the place 42
provided for on the application for that purpose. However, if for 43
any reason such person is unable to write the information 44
required, then the registrar shall write the information on a 45
printed form which has been prescribed by the Secretary of State. 46
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The form shall provide a place for such person to place his or her 47
mark after the form has been filled out by the registrar. 48
(3) It shall be unlawful for any person to solicit absentee 49
ballot applications or absentee ballots for persons staying in any 50
skilled nursing facility * * * unless the person soliciting the 51
absentee ballot applications or absentee ballots is: 52
(a) A family member of the person staying in the 53
skilled nursing facility; or 54
(b) A person designated by the person for whom the 55
absentee ballot application or absentee ballot is sought, the 56
registrar or the deputy registrar. 57
As used in this subsection, "family member" means a spouse, 58
parent, grandparent, sibling, adult child, grandchild or legal 59
guardian. 60
(4) The registrar in the county wherein a voter is qualified 61
to vote upon receiving by mail the envelope containing the 62
absentee ballots shall keep an accurate list of all persons 63
preparing such ballots. The list shall be kept in a conspicuous 64
place accessible to the public near the entrance to the 65
registrar's office. The registrar shall also furnish to each 66
precinct manager a list of the names of all persons in each 67
respective precinct voting absentee by mail and in person to be 68
posted in a conspicuous place at the polling place for public 69
notice. The application on file with the registrar and the 70
envelopes containing the ballots that voters mailed to the 71
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registrar shall be kept by the registrar in his or her office in a 72
secure location. At the time such boxes are delivered to the 73
election commissioners or managers, the registrar shall also turn 74
over a list of all such persons who have voted and whose mailed 75
ballots are in the registrar's office. 76
(5) The registrar shall also be authorized to mail one (1) 77
application to any qualified elector of the county, who is 78
eligible to vote by absentee ballot, for use in a particular 79
election. 80
(6) The registrar shall process all applications for 81
absentee ballots by using the Statewide Election Management 82
System. The registrar shall account for all absentee ballots 83
delivered to and received by mail as well as those who voted 84
absentee in person from qualified voters by processing such 85
ballots using the Statewide Election Management System. 86
SECTION 3. Section 25-41-7, Mississippi Code of 1972, is 87
amended as follows: 88
25-41-7. (1) Any public body may enter into executive 89
session for the transaction of public business; however, all 90
meetings of any public body shall commence as an open meeting, and 91
an affirmative vote of three-fifths (3/5) of all members present 92
shall be required to declare an executive session. 93
(2) The procedure to be followed by any public body in 94
declaring an executive session shall be as follows: Any member 95
shall have the right to request by motion a closed determination 96
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upon the issue of whether or not to declare an executive session. 97
The motion, by majority vote, shall require the meeting to be 98
closed for a preliminary determination of the necessity for 99
executive session. No other business shall be transacted until 100
the discussion of the nature of the matter requiring executive 101
session has been completed and a vote, as required in subsection 102
(1) hereof, has been taken on the issue. 103
(3) An executive session shall be limited to matters allowed 104
to be exempted from open meetings by subsection (4) of this 105
section. The reason for holding an executive session shall be 106
stated in an open meeting, and the reason so stated shall be 107
recorded in the minutes of the meeting. Nothing in this section 108
shall be construed to require that any meeting be closed to the 109
public, nor shall any executive session be used to circumvent or 110
to defeat the purposes of this chapter. 111
(4) A public body may hold an executive session pursuant to 112
this section for one or more of the following reasons: 113
(a) Transaction of business and discussion of personnel 114
matters relating to the job performance, character, professional 115
competence, or physical or mental health of a person holding a 116
specific position, or matters relating to the terms of any 117
potential or current employment or services agreement with any 118
physicians or other employees of public hospitals, including any 119
discussion of any person applying for medical staff privileges or 120
membership with a public hospital. 121
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(b) Strategy sessions or negotiations with respect to 122
prospective litigation, litigation or issuance of an appealable 123
order when an open meeting would have a detrimental effect on the 124
litigating position of the public body. 125
(c) Transaction of business and discussion regarding 126
the report, development or course of action regarding security 127
personnel, plans or devices. 128
(d) Investigative proceedings by any public body 129
regarding allegations of misconduct or violation of law. 130
(e) Any body of the Legislature which is meeting on 131
matters within the jurisdiction of that body. 132
(f) Cases of extraordinary emergency which would pose 133
immediate or irrevocable harm or damage to persons or property, or 134
both, within the jurisdiction of the public body. 135
(g) Transaction of business and discussion regarding 136
the prospective purchase, sale or leasing of lands. 137
(h) Discussions between a school board and individual 138
students who attend a school within the jurisdiction of the school 139
board or the parents or teachers of the students regarding 140
problems of the students or their parents or teachers. 141
(i) Transaction of business and discussion concerning 142
the preparation of tests for admission to practice in recognized 143
professions. 144
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(j) Transaction of business and discussions or 145
negotiations regarding the location, relocation or expansion of a 146
business, medical service or an industry. 147
(k) Transaction of business and discussions regarding 148
employment or job performance of a person in a specific position 149
or termination of an employee holding a specific position. The 150
exemption provided by this paragraph includes transaction of 151
business and discussion in executive session by the board of 152
trustees of a public hospital regarding any employee or medical 153
staff member or applicant for medical staff privileges and any 154
such individual's credentialing, health, performance, salary, 155
raises or disciplinary action. The exemption provided by this 156
paragraph includes the right to enter into executive session 157
concerning a line item in a budget which might affect the 158
termination of an employee or employees. All other budget items 159
shall be considered in open meetings and final budgetary adoption 160
shall not be taken in executive session. 161
(l) Discussions regarding material or data exempt from 162
the Mississippi Public Records Act of 1983 pursuant to Section 163
25-11-121. 164
(m) Transaction of business and discussion regarding 165
prospective strategic business decisions of public hospitals, 166
including, without limitation, decisions to open a new service 167
line * * * or implement capital improvements * * *. 168
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(n) Transaction of business of the boards of trustees 169
of public hospitals that would require discussion of any 170
identifiable patient information, including without limitation, 171
patients' complaints, patients' accounts, patients receiving 172
charity care, or treatment that could be identified to a patient. 173
(o) Investigative discussions, investigative 174
strategies, probative strategies related to identifiable instances 175
of human trafficking or commercial sexual exploitation, and 176
discussions involving locations of shelters or safe-houses for 177
victims of human trafficking or commercial sexual exploitation. 178
(p) Transaction of business of committees, 179
subcommittees or boards that would require discussion of any 180
identifiable information of victims of human trafficking or 181
children under eighteen years old who are victims of commercial 182
sexual exploitation. 183
(5) The total vote on the question of entering into an 184
executive session shall be recorded and spread upon the minutes of 185
the public body. 186
(6) Any vote whereby an executive session is declared shall 187
be applicable only to that particular meeting on that particular 188
day. 189
SECTION 4. Section 35-1-19, Mississippi Code of 1972, is 190
amended as follows: 191
35-1-19. There is * * * authorized to be established by the 192
State Veterans Affairs Board, the Mississippi State Veterans Home 193
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on a site to be determined by the State Veterans Affairs Board, 194
with the approval of the Bureau of Building, Grounds and Real 195
Property Management of the * * * Department of Finance and 196
Administration, when funds are made available for such purpose by 197
any agency of the federal government or other sources. The 198
object and purpose of the establishment of the Mississippi State 199
Veterans Home shall be to provide domiciliary care and other 200
related services for eligible veterans of the State of 201
Mississippi. 202
One or more additional veterans homes or domiciliaries are 203
hereby authorized to be established by the State Veterans Affairs 204
Board on sites in northern, central or southern Mississippi, to be 205
determined by the State Veterans Affairs Board, with the approval 206
of the Department of Finance and Administration, when funds are 207
made available for such purpose by any agency of the federal 208
government or other sources. The Veterans Affairs Board shall 209
give the three (3) regions, northern, southern and central 210
priority as to where the veterans home shall be located, with the 211
northern region having first priority, the southern region having 212
the next level priority and the central region being third in 213
order of priority. The Veterans Affairs Board shall establish and 214
operate the veterans home in Rankin County under the provisions of 215
Chapter 389, Laws of 2023. The object and purpose of the 216
establishment of such additional homes or domiciliaries shall be 217
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to provide domiciliary care and other related services for 218
eligible veterans of the State of Mississippi. * * * 219
SECTION 5. Section 41-3-15, Mississippi Code of 1972, is 220
amended as follows: 221
41-3-15. (1) (a) There shall be a State Department of 222
Health. 223
(b) The State Board of Health shall have the following 224
powers and duties: 225
(i) To formulate the policy of the State 226
Department of Health regarding public health matters within the 227
jurisdiction of the department; 228
(ii) To adopt, modify, repeal and promulgate, 229
after due notice and hearing, and enforce rules and regulations 230
implementing or effectuating the powers and duties of the 231
department under any and all statutes within the department's 232
jurisdiction, and as the board may deem necessary; 233
(iii) To apply for, receive, accept and expend any 234
federal or state funds or contributions, gifts, trusts, devises, 235
bequests, grants, endowments or funds from any other source or 236
transfers of property of any kind; 237
(iv) To enter into, and to authorize the executive 238
officer to execute contracts, grants and cooperative agreements 239
with any federal or state agency or subdivision thereof, or any 240
public or private institution located inside or outside the State 241
of Mississippi, or any person, corporation or association in 242
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connection with carrying out the provisions of this chapter, if it 243
finds those actions to be in the public interest and the contracts 244
or agreements do not have a financial cost that exceeds the 245
amounts appropriated for those purposes by the Legislature; 246
(v) To appoint, upon recommendation of the 247
Executive Officer of the State Department of Health, a Director of 248
Internal Audit who shall be either a Certified Public Accountant 249
or Certified Internal Auditor, and whose employment shall be 250
continued at the discretion of the board, and who shall report 251
directly to the board, or its designee; and 252
(vi) To discharge such other duties, 253
responsibilities and powers as are necessary to implement the 254
provisions of this chapter. 255
(c) The Executive Officer of the State Department of 256
Health shall have the following powers and duties: 257
(i) To administer the policies of the State Board 258
of Health within the authority granted by the board; 259
(ii) To supervise and direct all administrative 260
and technical activities of the department, except that the 261
department's internal auditor shall be subject to the sole 262
supervision and direction of the board; 263
(iii) To organize the administrative units of the 264
department in accordance with the plan adopted by the board and, 265
with board approval, alter the organizational plan and reassign 266
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responsibilities as he or she may deem necessary to carry out the 267
policies of the board; 268
(iv) To coordinate the activities of the various 269
offices of the department; 270
(v) To employ, subject to regulations of the State 271
Personnel Board, qualified professional personnel in the subject 272
matter or fields of each office, and such other technical and 273
clerical staff as may be required for the operation of the 274
department. The executive officer shall be the appointing 275
authority for the department, and shall have the power to delegate 276
the authority to appoint or dismiss employees to appropriate 277
subordinates, subject to the rules and regulations of the State 278
Personnel Board; 279
(vi) To recommend to the board such studies and 280
investigations as he or she may deem appropriate, and to carry out 281
the approved recommendations in conjunction with the various 282
offices; 283
(vii) To prepare and deliver to the Legislature 284
and the Governor on or before January 1 of each year, and at such 285
other times as may be required by the Legislature or Governor, a 286
full report of the work of the department and the offices thereof, 287
including a detailed statement of expenditures of the department 288
and any recommendations the board may have; 289
(viii) To prepare and deliver to the Chairmen of 290
the Public Health and Welfare/Human Services Committees of the 291
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Senate and House on or before January 1 of each year, a plan for 292
monitoring infant mortality in Mississippi and a full report of 293
the work of the department on reducing Mississippi's infant 294
mortality and morbidity rates and improving the status of maternal 295
and infant health; and 296
(ix) To enter into contracts, grants and 297
cooperative agreements with any federal or state agency or 298
subdivision thereof, or any public or private institution located 299
inside or outside the State of Mississippi, or any person, 300
corporation or association in connection with carrying out the 301
provisions of this chapter, if he or she finds those actions to be 302
in the public interest and the contracts or agreements do not have 303
a financial cost that exceeds the amounts appropriated for those 304
purposes by the Legislature. Each contract or agreement entered 305
into by the executive officer shall be submitted to the board 306
before its next meeting. 307
(2) The State Board of Health shall have the authority to 308
establish an Office of Rural Health within the department. The 309
duties and responsibilities of this office shall include the 310
following: 311
(a) To collect and evaluate data on rural health 312
conditions and needs; 313
(b) To engage in policy analysis, policy development 314
and economic impact studies with regard to rural health issues; 315
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(c) To develop and implement plans and provide 316
technical assistance to enable community health systems to respond 317
to various changes in their circumstances; 318
(d) To plan and assist in professional recruitment and 319
retention of medical professionals and assistants; and 320
(e) To establish information clearinghouses to improve 321
access to and sharing of rural health care information. 322
(3) The State Board of Health shall have general supervision 323
of the health interests of the people of the state and to exercise 324
the rights, powers and duties of those acts which it is authorized 325
by law to enforce. 326
(4) The State Board of Health shall have authority: 327
(a) To make investigations and inquiries with respect 328
to the causes of disease and death, and to investigate the effect 329
of environment, including conditions of employment and other 330
conditions that may affect health, and to make such other 331
investigations as it may deem necessary for the preservation and 332
improvement of health. 333
(b) To make such sanitary investigations as it may, 334
from time to time, deem necessary for the protection and 335
improvement of health and to investigate nuisance questions that 336
affect the security of life and health within the state. 337
(c) To direct and control sanitary and quarantine 338
measures for dealing with all diseases within the state possible 339
to suppress same and prevent their spread. 340
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(d) To obtain, collect and preserve such information 341
relative to mortality, morbidity, disease and health as may be 342
useful in the discharge of its duties or may contribute to the 343
prevention of disease or the promotion of health in this state. 344
(e) To charge and collect reasonable fees for health 345
services, including immunizations, inspections and related 346
activities, and the board shall charge fees for those services; 347
however, if it is determined that a person receiving services is 348
unable to pay the total fee, the board shall collect any amount 349
that the person is able to pay. Any increase in the fees charged 350
by the board under this paragraph shall be in accordance with the 351
provisions of Section 41-3-65. 352
(f) (i) To establish standards for, issue permits and 353
exercise control over, any cafes, restaurants, food or drink 354
stands, sandwich manufacturing establishments, and all other 355
establishments, other than churches, church-related and private 356
schools, and other nonprofit or charitable organizations, where 357
food or drink is regularly prepared, handled and served for pay; 358
and 359
(ii) To require that a permit be obtained from the 360
Department of Health before those persons begin operation. If any 361
such person fails to obtain the permit required in this 362
subparagraph (ii), the State Board of Health, after due notice and 363
opportunity for a hearing, may impose a monetary penalty not to 364
exceed One Thousand Dollars ($1,000.00) for each violation. 365
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However, the department is not authorized to impose a monetary 366
penalty against any person whose gross annual prepared food sales 367
are less than Five Thousand Dollars ($5,000.00). Money collected 368
by the board under this subparagraph (ii) shall be deposited to 369
the credit of the State General Fund of the State Treasury. 370
(g) To promulgate rules and regulations and exercise 371
control over the production and sale of milk pursuant to the 372
provisions of Sections 75-31-41 through 75-31-49. 373
(h) On presentation of proper authority, to enter into 374
and inspect any public place or building where the State Health 375
Officer or his representative deems it necessary and proper to 376
enter for the discovery and suppression of disease and for the 377
enforcement of any health or sanitary laws and regulations in the 378
state. 379
(i) To conduct investigations, inquiries and hearings, 380
and to issue subpoenas for the attendance of witnesses and the 381
production of books and records at any hearing when authorized and 382
required by statute to be conducted by the State Health Officer or 383
the State Board of Health. 384
(j) To promulgate rules and regulations, and to collect 385
data and information, on (i) the delivery of services through the 386
practice of telemedicine; and (ii) the use of electronic records 387
for the delivery of telemedicine services. 388
(k) To enforce and regulate domestic and imported fish 389
as authorized under Section 69-7-601 et seq. 390
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(5) (a) The State Board of Health shall have the authority, 391
in its discretion, to establish programs to promote the public 392
health, to be administered by the State Department of Health. 393
Specifically, those programs may include, but shall not be limited 394
to, programs in the following areas: 395
(i) Maternal and child health; 396
(ii) Family planning; 397
(iii) Pediatric services; 398
(iv) Services to crippled and disabled children; 399
(v) Control of communicable and noncommunicable 400
disease; 401
(vi) Chronic disease; 402
(vii) Accidental deaths and injuries; 403
(viii) Child care licensure; 404
(ix) Radiological health; 405
(x) Dental health; 406
(xi) Milk sanitation; 407
(xii) Occupational safety and health; 408
(xiii) Food, vector control and general 409
sanitation; 410
(xiv) Protection of drinking water; 411
(xv) Sanitation in food handling establishments 412
open to the public; 413
(xvi) Registration of births and deaths and other 414
vital events; 415
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(xvii) Such public health programs and services as 416
may be assigned to the State Board of Health by the Legislature or 417
by executive order; and 418
(xviii) Regulation of domestic and imported fish 419
for human consumption. 420
(b) [Deleted] 421
(c) The State Department of Health may undertake such 422
technical programs and activities as may be required for the 423
support and operation of those programs, including maintaining 424
physical, chemical, bacteriological and radiological laboratories, 425
and may make such diagnostic tests for diseases and tests for the 426
evaluation of health hazards as may be deemed necessary for the 427
protection of the people of the state. 428
(6) (a) The State Board of Health shall administer the 429
local governments and rural water systems improvements loan 430
program in accordance with the provisions of Section 41-3-16. 431
(b) The State Board of Health shall have authority: 432
(i) To enter into capitalization grant agreements 433
with the United States Environmental Protection Agency, or any 434
successor agency thereto; 435
(ii) To accept capitalization grant awards made 436
under the federal Safe Drinking Water Act, as amended; 437
(iii) To provide annual reports and audits to the 438
United States Environmental Protection Agency, as may be required 439
by federal capitalization grant agreements; and 440
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(iv) To establish and collect fees to defray the 441
reasonable costs of administering the revolving fund or emergency 442
fund if the State Board of Health determines that those costs will 443
exceed the limitations established in the federal Safe Drinking 444
Water Act, as amended. The administration fees may be included in 445
loan amounts to loan recipients for the purpose of facilitating 446
payment to the board; however, those fees may not exceed five 447
percent (5%) of the loan amount. 448
(7) [Deleted] 449
(8) Notwithstanding any other provision to the contrary, the 450
State Department of Health shall have the following specific 451
powers: The State Department of Health is authorized to issue a 452
license to an existing home health agency for the transfer of a 453
county from that agency to another existing home health agency, 454
and to charge a fee for reviewing and making a determination on 455
the application for such transfer not to exceed one-half (1/2) of 456
the authorized fee assessed for the original application for the 457
home health agency * * *. 458
* * * 459
( * * *9) Notwithstanding any other provision to the 460
contrary, the State Department of Health shall have the following 461
specific powers: The State Department of Health is authorized to 462
extend and renew any certificate of need that has expired, and to 463
charge a fee for reviewing and making a determination on the 464
application for such action not to exceed one-half (1/2) of the 465
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authorized fee assessed for the original application for the 466
certificate of need, with the revenue to be deposited by the State 467
Department of Health into the special fund created under Section 468
41-7-188. 469
( * * *10) Notwithstanding any other provision to the 470
contrary, the State Department of Health shall have the following 471
specific powers: The State Department of Health is authorized and 472
empowered, to revoke, immediately, the license and require closure 473
of any institution for the aged or infirm, including any other 474
remedy less than closure to protect the health and safety of the 475
residents of said institution or the health and safety of the 476
general public. 477
( * * *11) Notwithstanding any other provision to the 478
contrary, the State Department of Health shall have the following 479
specific powers: The State Department of Health is authorized and 480
empowered, to require the temporary detainment of individuals for 481
disease control purposes based upon violation of any order of the 482
State Health Officer, as provided in Section 41-23-5. For the 483
purpose of enforcing such orders of the State Health Officer, 484
persons employed by the department as investigators shall have 485
general arrest powers. All law enforcement officers are 486
authorized and directed to assist in the enforcement of such 487
orders of the State Health Officer. 488
( * * *12) Additionally, the State Board of Health and the 489
State Health Officer each are authorized and directed to study the 490
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status of health care, in its broadest sense, throughout the 491
state. The study should include challenges such as access to 492
care; the cost of care; indigent care; providing health care to 493
the incarcerated; the availability of health care workers, 494
paraprofessionals, and professionals; the effects of unhealthy 495
lifestyle choices; the consequences of health care facilities 496
locating in affluent and urban areas to the detriment of less 497
affluent areas, small towns, and rural areas; and negative trends 498
which may cause ill effects if they continue. The study shall 499
also include opportunities to improve health care, such as greater 500
coordination among state agencies, local governments, and other 501
entities which provide various types of health care; methods of 502
increasing the health care workforce; and methods to increase the 503
location of health care facilities in distressed areas, rural 504
areas, and small towns. All state agencies, the Legislative 505
Budget Office and the Joint Legislative Committee on Performance 506
Evaluation and Expenditure Review (PEER) are directed to assist 507
the department in developing this study. This provision does not 508
by itself grant any additional power to the State Board of Health 509
or the State Health Officer to require any entity to operate 510
differently. It does, however, empower and direct them to obtain 511
information and make recommendations, and it does require all 512
entities to cooperate with the board and health officer as they 513
seek information. 514
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SECTION 6. Section 41-4-18, Mississippi Code of 1972, is 515
amended as follows: 516
41-4-18. (1) Notwithstanding * * * any other section of 517
law, the Department of Mental Health shall have the authority to 518
contract with private and/or public entities to transfer beds 519
within intermediate care facilities for individuals with 520
intellectual disabilities owned and operated by the Department of 521
Mental Health to locations owned and operated by private and/or 522
public entities for the purpose of serving individuals with 523
intellectual disabilities in the settings most appropriate to meet 524
their needs. 525
(2) Any license granted to the Department of Mental Health 526
by the Department of Health for the operation of transferred 527
intermediate care facility for individuals with intellectual 528
disabilities beds shall remain in the name of the Department of 529
Mental Health * * *. 530
SECTION 7. Section 41-9-11, Mississippi Code of 1972, is 531
amended as follows: 532
41-9-11. Upon receipt of an application for license and the 533
license fee, the licensing agency shall issue a license if the 534
applicant and hospital facilities meet the requirements 535
established under Sections 41-9-1 through 41-9-35 * * *. A 536
license, unless suspended or revoked, shall be renewable annually, 537
upon filing by the licensee, and approval by the licensing agency 538
of an annual report upon such uniform dates and containing such 539
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information in such form as the licensing agency prescribes by 540
regulation and upon paying the annual fee for such license as 541
determined by the schedule and provisions of Section 41-9-9. Each 542
license shall be issued only for the premises and persons or 543
governmental units named in the application and shall not be 544
transferable or assignable except with the written approval of the 545
licensing agency. Licenses shall be posted in a conspicuous place 546
on the licensed premises. 547
SECTION 8. Section 41-9-23, Mississippi Code of 1972, is 548
amended as follows: 549
41-9-23. Information received by the licensing agency 550
through filed reports, inspection, or as otherwise authorized 551
under Sections 41-9-1 through 41-9-35 shall not be disclosed 552
publicly in such manner as to identify individuals, except in a 553
proceeding involving the questions of licensure; however, the 554
licensing agency may utilize statistical data concerning types of 555
services and the utilization of these services for hospitals in 556
performing the * * * duties imposed upon it by * * * Section 557
41-9-29. 558
SECTION 9. Section 41-9-68, Mississippi Code of 1972, is 559
amended as follows: 560
41-9-68. (1) Except as otherwise provided in subsection (2) 561
of this section, records maintained by public hospitals shall be 562
exempt from the provisions of the Mississippi Public Records Act 563
of 1983. 564
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(2) The following records of public hospitals shall not be 565
exempt from the Mississippi Public Records Act of 1983: 566
(a) The official minutes of the board of trustees of a 567
public hospital; 568
(b) Financial reports not otherwise exempt that are 569
required by state or federal statute or regulation to be filed 570
with the owner of the public hospital or with any other agency of 571
state or federal government; and 572
(c) Any other record maintained by a public hospital 573
that does not fall within the definition of the term "hospital 574
records" as that term is defined in Section 41-9-61, except for 575
the following records, which shall be exempt: 576
(i) Records directly relating to the terms of any 577
potential or current employment or services agreement with any 578
physicians or other employees of a public hospital, including any 579
application for medical staff privileges or membership with a 580
public hospital; 581
(ii) Records directly relating to the 582
credentialing, health, performance, salary, raises or disciplinary 583
action of any employee or medical staff member or applicant for 584
medical staff privileges at a public hospital; 585
(iii) Records directly relating to prospective 586
strategic business decisions of a public hospital, including 587
without limitation, decisions to open a new service line * * * or 588
implement capital improvements * * *; and 589
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(iv) Records directly relating to individual 590
patient billing and collection information. 591
SECTION 10. Section 41-9-209, Mississippi Code of 1972, is 592
amended as follows: 593
41-9-209. (1) Any hospital is authorized to seek 594
designation as a critical access hospital. Subject to federal 595
law, there shall be no requirement or limitation regarding the 596
distance that a critical access hospital must be located from 597
another hospital. The bed-size limit for a critical access 598
hospital is twenty-five (25) operational acute care beds, and the 599
average maximum length of stay for patients in a critical access 600
hospital is ninety-six (96) hours, unless a longer period is 601
required because of inclement weather or other emergency 602
conditions. In the event the critical access hospital is a swing 603
bed facility, any of the twenty-five (25) acute care beds allowed 604
in a critical access hospital may be used for the provision of 605
extended care services or acute care inpatient services so long as 606
the furnishing of such services does not exceed twenty-five (25) 607
beds and so long as the hospital does not seek Medicaid 608
reimbursement for more than fifteen (15) acute care inpatient 609
beds. 610
(2) A critical access hospital (a) must make available 611
twenty-four-hour emergency care services, as described in the 612
state rural health care plan, for ensuring access to emergency 613
care services in the rural area served by the critical access 614
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hospital, and (b) must be a member of a rural health network. Any 615
hospital that has a distinct-part skilled nursing facility, 616
certified under Title XVIII of the federal Social Security Act, at 617
the time it applies for designation as a critical access hospital, 618
may continue its operation of the distinct-part skilled nursing 619
facility and is not required to count the beds in the 620
distinct-part skilled nursing facility for purposes of the allowed 621
twenty-five (25) acute care inpatient beds. 622
* * * (3) A critical access hospital may establish a 623
distinct-part psychiatric unit and a distinct-part rehabilitation 624
unit, each of which must be certified under Title XVIII of the 625
federal Social Security Act and each of which may consist of no 626
more than ten (10) beds. No bed in the critical access hospital's 627
distinct-part psychiatric unit or distinct-part rehabilitation 628
unit shall be counted for purposes of the twenty-five (25) bed 629
limitation. Each distinct-part unit in a critical access hospital 630
must comply with all applicable state licensure laws and federal 631
certification laws. 632
SECTION 11. Section 41-9-210, Mississippi Code of 1972, is 633
amended as follows: 634
41-9-210. If a hospital seeks a new license from the 635
department in order to be designated as a critical access 636
hospital, the department shall maintain a record of the acute care 637
beds of that hospital that have been delicensed as a result of 638
that designation and continue counting those beds as part of the 639
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state's total acute care bed count for health care planning 640
purposes. If a critical access hospital later desires to 641
relicense some or all of its delicensed acute care beds, it shall 642
notify the department of its intent to increase the number of its 643
licensed acute care beds. The department shall survey the 644
hospital within thirty (30) days of that notice and, if 645
appropriate, issue the hospital a new license reflecting the new 646
contingent of beds. * * * 647
This section shall apply to all hospitals that are designated 648
as critical access hospitals on July 1, 2003, and all hospitals 649
that may become designated as critical access hospitals after July 650
1, 2003. 651
SECTION 12. Section 41-71-7, Mississippi Code of 1972, is 652
amended as follows: 653
41-71-7. Upon receipt of an application for a license and 654
the license fee, and a determination by the licensing agency that 655
the application is in compliance with * * * the provisions of this 656
chapter, such license shall be issued. A license, unless 657
suspended or revoked, shall be renewable annually upon payment by 658
the licensee of a renewal fee of One Thousand Dollars ($1,000.00) 659
and upon approval by the licensing agency of an annual report, 660
required to be submitted by the licensee, containing such 661
information in such form and at such time as the licensing agency 662
prescribes by rule or regulation. Any increase in the fee charged 663
by the licensing agency under this section shall be in accordance 664
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with the provisions of Section 41-3-65. Each license shall be 665
issued only for the home health agency and person or persons or 666
other legal entity or entities named in the application and shall 667
not be transferable or assignable except with the written approval 668
of the licensing agency. Licenses shall be posted in a 669
conspicuous place in the designated business office of the 670
licensee. Each licensee shall designate, in writing, one (1) 671
individual person as the responsible party for the conducting of 672
the business of the home health agency with the licensing agency. 673
SECTION 13. Section 41-71-19, Mississippi Code of 1972, is 674
amended as follows: 675
41-71-19. Information received by the licensing agency 676
through filed reports, inspection, or as otherwise authorized 677
under this chapter, shall not be disclosed publicly in such manner 678
as to identify individuals, except in proceedings involving the 679
question of licensure; however, the licensing agency may utilize 680
statistical data concerning types of services and the utilization 681
of those services for home health care agencies in performing 682
the * * * duties imposed upon it by * * * regulations necessarily 683
promulgated for participation in the Medicare or Medicaid 684
programs. 685
SECTION 14. Section 41-73-5, Mississippi Code of 1972, is 686
amended as follows: 687
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41-73-5. When used in this act, unless the context requires 688
a different definition, the following terms shall have the 689
following meanings: 690
(a) "Act" means the Mississippi Hospital Equipment and 691
Facilities Authority Act. 692
(b) "Authority" means the Mississippi Hospital 693
Equipment and Facilities Authority created by this act and any 694
successor to its functions. 695
(c) "Bonds" means bonds, notes or other evidences of 696
indebtedness of the authority issued pursuant to this act, 697
including refunding bonds. 698
(d) "Cost" as applied to hospital equipment means any 699
and all costs of such hospital equipment and, without limiting the 700
generality of the foregoing, shall include the following: 701
(i) All costs of the acquisition, repair, 702
restoration, reconditioning, refinancing or installation of any 703
such hospital equipment and all costs incident or related thereto; 704
(ii) The cost of any property interest in such 705
hospital equipment including an option to purchase or leasehold 706
interest; 707
(iii) The cost of architectural, engineering, 708
legal and related services; the cost of the preparation of plans, 709
specifications, studies, surveys and estimates of cost and of 710
revenue; and all other expenses necessary or incident to planning, 711
providing or determining the need for or the feasibility and 712
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practicability of such hospital equipment; and the cost of 713
providing or establishing a reasonable reserve fund for the 714
payment of principal and interest on bonds; 715
(iv) The cost of financing charges, including 716
premiums or prepayment penalties, if any, and interest accrued 717
prior to the acquisition and installation or refinancing of such 718
hospital equipment and after such acquisition and installation or 719
refinancing and start-up costs related to hospital equipment; 720
(v) Any and all costs paid or incurred in 721
connection with the financing of such hospital equipment, 722
including out-of-pocket expenses, the cost of financing, legal, 723
accounting, financial advisory and consulting fees, expenses and 724
disbursements; the cost of any policy of insurance; the cost of 725
printing, engraving and reproduction services; and the cost of the 726
initial or acceptance fee of any trustee or paying agent; 727
(vi) All direct or indirect costs of the authority 728
incurred in connection with providing such hospital equipment, 729
including, without limitation, reasonable sums to reimburse the 730
authority for time spent by its agents or employees with respect 731
to providing such hospital equipment and the financing thereof; 732
and 733
(vii) Any and all costs paid or incurred for the 734
administration of any program for the purchase or lease of or the 735
making of loans for hospital equipment, by the authority and any 736
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program for the sale or lease of or the making of loans for such 737
hospital equipment to any participating hospital institution. 738
(e) "Cost," as applied to hospital facilities, means 739
any and all costs of such hospital facilities and, without 740
limiting the generality of the foregoing, shall include the 741
following: 742
(i) All costs of the establishment, demolition, 743
site development of new and rehabilitated buildings, 744
rehabilitation, reconstruction repair, erection, building, 745
construction, remodeling, adding to and furnishing of any such 746
hospital facilities and all costs incident or related thereto; 747
(ii) The cost of acquiring any property interest 748
in such hospital facilities including the purchase thereof, the 749
cost of an option to purchase or the cost of any leasehold 750
interest; 751
(iii) The cost of architectural, engineering, 752
legal and related services; the cost of the preparation of plans, 753
specifications, studies, surveys and estimates of cost and of 754
revenue; all other expenses necessary or incident to planning, 755
providing or determining the need for or the feasibility and 756
practicability of such hospital facilities or the acquisition 757
thereof; and the cost of providing or establishing a reasonable 758
reserve fund for the payment of principal of and interest on 759
bonds; 760
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(iv) The cost of financing charges, including 761
premiums or prepayment penalties, if any, and interest accrued 762
prior to the acquisition and completion or refinancing of such 763
hospital facilities and after such acquisition and completion or 764
refinancing and start-up costs related to hospital facilities; 765
(v) Any and all costs paid or incurred in 766
connection with the financing of such hospital facilities, 767
including out-of-pocket expenses, the cost of financing, legal, 768
accounting, financial advisory and consulting fees, expenses and 769
disbursement; the cost of any policy of insurance; the cost of 770
printing, engraving and reproduction services; and the cost of the 771
initial or acceptance fee of any trustee or paying agent; 772
(vi) All direct or indirect costs of the authority 773
incurred in connection with providing such hospital facilities, 774
including, without limitation, reasonable sums to reimburse the 775
authority for time spent by its agents or employees with respect 776
to providing such hospital facilities and the financing thereof; 777
(vii) Any and all costs paid or incurred for the 778
administration of any program for the purchase or lease of or the 779
making of loans for hospital facilities, by the authority and any 780
program for the sale or lease of or the making of loans for such 781
hospital facilities to any participating hospital institution; and 782
(viii) The cost of providing for the payment or 783
the making provision for the payment of, by the appropriate 784
escrowing of monies or securities, the principal of and interest 785
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on which when due will be adequate to make such payment, any 786
indebtedness encumbering the revenues or property of a 787
participating hospital institution, whether such payment is to be 788
effected by redemption of such indebtedness prior to maturity or 789
not. 790
(f) "Hospital equipment" means any personal property 791
which is found and determined by the authority to be required or 792
necessary or helpful for medical care, research, training or 793
teaching, any one (1) or all, in hospital facilities located in 794
the state, irrespective of whether such property is in existence 795
at the time of, or is to be provided after the making of, such 796
finding. * * * 797
(g) "Hospital facility" or "hospital facilities" means 798
buildings and structures of any and all types used or useful, in 799
the discretion of the authority, for providing any types of care 800
to the sick, wounded, infirmed, needy, mentally incompetent or 801
elderly and shall include, without limiting the generality of the 802
foregoing, out-patient clinics, laboratories, laundries, nurses', 803
doctors' or interns' residences, administration buildings, office 804
buildings, facilities for research directly involved with hospital 805
care, maintenance, storage or utility facilities, parking lots, 806
and garages and all necessary, useful, or related furnishings, and 807
appurtenances and all lands necessary or convenient as a site for 808
the foregoing. 809
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(h) "Participating hospital institution" or "hospital 810
institution" means a public or private corporation, association, 811
foundation, trust, cooperative, agency, body politic, or other 812
person or organization which provides or operates or proposes to 813
provide or operate hospital facilities not for profit, and which, 814
pursuant to the provisions of this act, contracts with the 815
authority for the financing or refinancing of the lease or other 816
acquisition of hospital equipment or hospital facilities, or both. 817
(i) "State" means the State of Mississippi. 818
The use of singular terms herein shall also include the 819
plural of such term and the use of a plural term herein shall also 820
include the singular of such term unless the context clearly 821
requires a different connotation. 822
SECTION 15. Section 41-75-1, Mississippi Code of 1972, is 823
amended as follows: 824
41-75-1. For the purpose of this chapter: 825
(a) "Ambulatory surgical facility" means a publicly or 826
privately owned institution that is primarily organized, 827
constructed, renovated or otherwise established for the purpose of 828
providing elective surgical treatment of "outpatients" whose 829
recovery, under normal and routine circumstances, will not require 830
"inpatient" care. The facility defined in this paragraph does not 831
include the offices of private physicians or dentists, whether 832
practicing individually or in groups, but does include 833
organizations or facilities primarily engaged in that outpatient 834
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surgery, whether using the name "ambulatory surgical facility" or 835
a similar or different name. That organization or facility, if in 836
any manner considered to be operated or owned by a hospital or a 837
hospital holding, leasing or management company, either for profit 838
or not for profit, is required to comply with all licensing agency 839
ambulatory surgical licensure standards governing a "hospital 840
affiliated" facility as adopted under Section 41-9-1 et seq., 841
provided that the organization or facility does not intend to seek 842
federal certification as an ambulatory surgical facility as 843
provided for at 42 CFR, Parts 405 and 416. If the organization or 844
facility is to be operated or owned by a hospital or a hospital 845
holding, leasing or management company and intends to seek federal 846
certification as an ambulatory facility, then the facility is 847
considered to be "freestanding" and must comply with all licensing 848
agency ambulatory surgical licensure standards governing a 849
"freestanding" facility. 850
If the organization or facility is to be owned or operated by 851
an entity or person other than a hospital or hospital holding, 852
leasing or management company, then the organization or facility 853
must comply with all licensing agency ambulatory surgical facility 854
standards governing a "freestanding" facility. 855
(b) "Hospital affiliated" ambulatory surgical facility 856
means a separate and distinct organized unit of a hospital or a 857
building owned, leased, rented or utilized by a hospital and 858
located in the same county in which the hospital is located, for 859
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the primary purpose of performing ambulatory surgery procedures. 860
The facility is not required to be separately licensed under this 861
chapter and may operate under the hospital's license in compliance 862
with all applicable requirements of Section 41-9-1 et seq. 863
(c) "Freestanding" ambulatory surgical facility means a 864
separate and distinct facility or a separate and distinct 865
organized unit of a hospital owned, leased, rented or utilized by 866
a hospital or other persons for the primary purpose of performing 867
ambulatory surgery procedures. The facility must be separately 868
licensed as defined in this section and must comply with all 869
licensing standards promulgated by the licensing agency under this 870
chapter regarding a "freestanding" ambulatory surgical facility. 871
Further, the facility must be a separate, identifiable entity and 872
must be physically, administratively and financially independent 873
and distinct from other operations of any other health facility, 874
and shall maintain a separate organized medical and administrative 875
staff. * * * 876
(d) "Ambulatory surgery" means surgical procedures that 877
are more complex than office procedures performed under local 878
anesthesia, but less complex than major procedures requiring 879
prolonged postoperative monitoring and hospital care to ensure 880
safe recovery and desirable results. General anesthesia is used 881
in most cases. The patient must arrive at the facility and expect 882
to be discharged on the same day. Ambulatory surgery shall only 883
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be performed by physicians or dentists licensed to practice in the 884
State of Mississippi. 885
(e) "Abortion" means the use or prescription of any 886
instrument, medicine, drug or any other substances or device to 887
terminate the pregnancy of a woman known to be pregnant with an 888
intention other than to increase the probability of a live birth, 889
to preserve the life or health of the child after live birth or to 890
remove a dead fetus. Abortion procedures after the first 891
trimester shall only be performed at a Level I abortion facility 892
or an ambulatory surgical facility or hospital licensed to perform 893
that service. 894
(f) "Abortion facility" means a facility operating 895
substantially for the purpose of performing abortions and is a 896
separate identifiable legal entity from any other health care 897
facility. Abortions shall only be performed by physicians 898
licensed to practice in the State of Mississippi. All physicians 899
associated with the abortion facility must have admitting 900
privileges at a local hospital and staff privileges to replace 901
local hospital on-staff physicians. All physicians associated 902
with an abortion facility must be board certified or eligible in 903
obstetrics and gynecology, and a staff member trained in CPR shall 904
always be present at the abortion facility when it is open. The 905
term "abortion facility" includes physicians' offices that are 906
used substantially for the purpose of performing abortions. An 907
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abortion facility operates substantially for the purpose of 908
performing abortions if any of the following conditions are met: 909
(i) The abortion facility is a provider for 910
performing ten (10) or more abortion procedures per calendar month 911
during any month of a calendar year, or one hundred (100) or more 912
in a calendar year. 913
(ii) The abortion facility, if operating less than 914
twenty (20) days per calendar month, is a provider for performing 915
ten (10) or more abortion procedures, or performing a number of 916
abortion procedures that would be equivalent to ten (10) 917
procedures per month, if the facility were operating twenty (20) 918
or more days per calendar month, in any month of a calendar year. 919
(iii) The abortion facility holds itself out to 920
the public as an abortion provider by advertising by any public 921
means, such as newspaper, telephone directory, magazine or 922
electronic media, that it performs abortions. 923
(iv) The facility applies to the licensing agency 924
for licensure as an abortion facility. 925
(g) "Licensing agency" means the State Department of 926
Health. 927
(h) "Operating" an abortion facility means that the 928
facility is open for any period of time during a day and has on 929
site at the facility or on call a physician licensed to practice 930
in the State of Mississippi available to provide abortions. 931
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An abortion facility may apply to be licensed as a Level I 932
facility or a Level II facility by the licensing agency. Level II 933
abortion facilities shall be required to meet minimum standards 934
for abortion facilities as established by the licensing agency. 935
Level I abortion facilities shall be required to meet minimum 936
standards for abortion facilities and minimum standards for 937
ambulatory surgical facilities as established by the licensing 938
agency. 939
Any abortion facility that begins operation after June 30, 940
1996, shall not be located within one thousand five hundred 941
(1,500) feet from the property on which any church, school or 942
kindergarten is located. An abortion facility shall not be in 943
violation of this paragraph if it is in compliance with this 944
paragraph on the date it begins operation and the property on 945
which a church, school or kindergarten is located within one 946
thousand five hundred (1,500) feet from the facility. 947
(i) "Freestanding emergency room" is a facility open 948
twenty-four (24) hours a day for the treatment of urgent and 949
emergent medical conditions * * * and that is not located on a 950
hospital campus. In order to be eligible for licensure under this 951
chapter, the freestanding emergency room shall be located at least 952
fifteen (15) miles from the nearest hospital-based emergency room 953
in any rural community where the federal CMMS had previously 954
designated a rural hospital as a critical access hospital and that 955
designation has been revoked. 956
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(j) "Post-acute residential brain injury rehabilitation 957
facility" is a facility containing no more than twelve (12) beds 958
providing medically directed long-term but nonacute rehabilitation 959
to patients who have acquired brain injury. In order to be 960
eligible for licensure under this chapter, the post-acute 961
residential brain injury rehabilitation facility shall be located 962
at least twenty-five (25) miles from the nearest acute care 963
rehabilitation hospital and at least five (5) miles from the 964
boundaries of any municipality having a population of ten thousand 965
(10,000) or more, according to the most recent federal decennial 966
census, at the time that facility is established. 967
(k) "Pilot freestanding emergency room" is a facility 968
open twenty-four (24) hours a day for the treatment of urgent and 969
emergent medical conditions and that is not located on a hospital 970
campus. In order to be eligible for licensure under this chapter, 971
the pilot freestanding emergency room shall be located at least 972
fifteen (15) miles from the nearest hospital-based emergency room 973
in a county without emergency hospital care that is open 974
twenty-four (24) hours a day. 975
SECTION 16. Section 41-75-5, Mississippi Code of 1972, is 976
amended as follows: 977
41-75-5. No person * * * or other entity, acting severally 978
or jointly with any other person or entity, shall establish, 979
conduct, operate or maintain an ambulatory surgical facility or an 980
abortion facility or a freestanding emergency room or a post-acute 981
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residential brain injury rehabilitation facility in this state 982
without a license under this chapter. 983
SECTION 17. Section 41-75-9, Mississippi Code of 1972, is 984
amended as follows: 985
41-75-9. Upon receipt of an application for license and the 986
license fee, the licensing agency shall issue a license if the 987
applicant and the institutional facilities meet the requirements 988
established under this chapter * * *. A license, unless suspended 989
or revoked, shall be renewable annually upon payment of a renewal 990
fee of Three Thousand Dollars ($3,000.00), which shall be paid to 991
the licensing agency, and upon filing by the licensee and approval 992
by the licensing agency of an annual report upon such uniform 993
dates and containing such information in such form as the 994
licensing agency requires. Any increase in the fee charged by the 995
licensing agency under this section shall be in accordance with 996
the provisions of Section 41-3-65. Each license shall be issued 997
only for the premises and person or persons named in the 998
application and shall not be transferable or assignable. Licenses 999
shall be posted in a conspicuous place on the licensed premises. 1000
SECTION 18. Section 41-75-25, Mississippi Code of 1972, is 1001
amended as follows: 1002
41-75-25. Any person or persons or other entity or entities 1003
establishing, managing or operating an ambulatory surgical 1004
facility or conducting the business of an ambulatory surgical 1005
facility without the required license, or which otherwise violate 1006
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any of the provisions of this chapter or the "Mississippi Health 1007
Care Commission Law of 1979," as amended, or the rules, 1008
regulations or standards promulgated in furtherance of any law in 1009
which the * * * licensing agency has authority therefor shall be 1010
subject to the following penalties and sanctions * * *: 1011
(a) Revocation of the license of the ambulatory 1012
surgical facility or a designated section, component or service 1013
thereof; or 1014
(b) Nonlicensure of a specific or designated service 1015
offered by the ambulatory surgical facility. 1016
In addition, any violation of any provision of this chapter 1017
or any rules or regulations promulgated in furtherance thereof by 1018
intent, fraud, deceit, unlawful design, willful and/or deliberate 1019
misrepresentation, or by careless, negligent or incautious 1020
disregard for such statutes or rules and regulations, either by 1021
persons acting individually or in concert with others, shall 1022
constitute a misdemeanor and shall be punishable by a fine not to 1023
exceed One Thousand Dollars ($1,000.00) for each offense. Each 1024
day of continuing violation shall be considered a separate 1025
offense. The venue for prosecution of any such violation shall be 1026
in any county of the state in which any such violation, or portion 1027
thereof, occurred. 1028
SECTION 19. Section 41-77-1, Mississippi Code of 1972, is 1029
amended as follows: 1030
41-77-1. For purposes of this chapter: 1031
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(a) "Birthing center" * * * means a publicly or 1032
privately owned facility, place or institution constructed, 1033
renovated, leased or otherwise established where nonemergency 1034
births are planned to occur away from the mother's usual residence 1035
following a documented period of prenatal care for a normal 1036
uncomplicated pregnancy which has been determined to be low risk 1037
through a formal risk scoring examination. Care provided in a 1038
birthing center shall be provided by a licensed physician, or 1039
certified nurse midwife, and a registered nurse. Services 1040
provided in a birthing center shall be limited in the following 1041
manner: (i) surgical services shall be limited to those normally 1042
performed during uncomplicated childbirth, such as episiotomy and 1043
repair, and shall not include operative obstetrics or caesarean 1044
sections; (ii) labor shall not be inhibited, stimulated or 1045
augmented with chemical agents during the first or second stage of 1046
labor; (iii) systemic analgesia may be administered and local 1047
anesthesia for pudental block and episiotomy repair may be 1048
performed. General and conductive anesthesia shall not be 1049
administered at birthing centers; (iv) patients shall not remain 1050
in the facility in excess of twenty-four (24) hours. 1051
Hospitals are excluded from the definition of a "birthing 1052
center" unless they choose to and are qualified to designate a 1053
portion or part of the hospital as a birthing center, and nothing 1054
herein shall be construed as referring to the usual service 1055
provided the pregnant female in the obstetric-gynecology service 1056
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of an acute care hospital. Such facility or center, as heretofore 1057
stated, shall include the offices of physicians in private 1058
practice alone or in groups of two (2) or more; and such facility 1059
or center rendering service to pregnant female persons, as stated 1060
heretofore and by the rules and regulations promulgated by the 1061
licensing agency in furtherance thereof, shall be deemed to be a 1062
"birthing center" whether using a similar or different name. Such 1063
center or facility if in any manner is deemed to be or considered 1064
to be operated or owned by a hospital or a hospital holding 1065
leasing or management company, for profit or not for profit, is 1066
required to comply with all birthing center standards governing a 1067
"hospital affiliated" birthing center as adopted by the licensing 1068
authority. 1069
(b) "Hospital affiliated" birthing center * * * means a 1070
separate and distinct unit of a hospital or a building owned, 1071
leased, rented or utilized by a hospital and located in the same 1072
county as the hospital for the purpose of providing the service of 1073
a "birthing center." Such center or facility is not required to 1074
be licensed separately, and may operate under the license issued 1075
to the hospital if it is in compliance with Section 41-9-1 et 1076
seq., where applicable, and the rules and regulations promulgated 1077
by the licensing agency in furtherance thereof. 1078
(c) "Freestanding" birthing center * * * means a 1079
separate and distinct facility or center or a separate and 1080
distinct organized unit of a hospital or other * * * entity for 1081
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the purpose of performing the service of a "birthing center." 1082
Such facility or center must be separately licensed and must 1083
comply with all licensing standards promulgated by the licensing 1084
agency by virtue of this chapter. Further, such facility or 1085
center must be a separate, identifiable entity and must be 1086
physically, administratively and financially independent from 1087
other operations of any hospital or other health care facility or 1088
service and shall maintain a separate and required staff, 1089
including administrative staff. * * * 1090
(d) "Licensing agency" * * * means the State Department 1091
of Health. 1092
SECTION 20. Section 41-77-5, Mississippi Code of 1972, is 1093
amended as follows: 1094
41-77-5. No person * * * or other entity, acting severally 1095
or jointly with any other person or entity, shall establish, 1096
conduct or maintain a "birthing center" in this state without a 1097
license under this chapter. 1098
SECTION 21. Section 41-77-21, Mississippi Code of 1972, is 1099
amended as follows: 1100
41-77-21. Any applicant or licensee aggrieved by the 1101
decision of the licensing agency after a hearing may, within 1102
thirty (30) days after the mailing or serving of notice of the 1103
decision as provided in Section 43-11-11, * * * file a notice of 1104
appeal to the Chancery Court of the First Judicial District of 1105
Hinds County or in the chancery court of the county in which the 1106
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institution is located or proposed to be located. * * * 1107
Thereupon, the licensing agency shall * * * certify and file with 1108
the court a copy of the record and decision, including the 1109
transcript of the hearings in which the decision is based. No new 1110
or additional evidence shall be introduced in court; the case 1111
shall be determined upon the record certified to the court. The 1112
court may sustain or dismiss the appeal, modify or vacate the 1113
order complained of in whole or in part, as the case may be; but 1114
in case the order is wholly or partly vacated, the court may also, 1115
in its discretion, remand the matter to the licensing agency for 1116
such further proceedings, not inconsistent with the court's order, 1117
as, in the opinion of the court, justice may require. The order 1118
may not be vacated or set aside, either in whole or in part, 1119
except for errors of law, unless the court finds that the order of 1120
the licensing agency is not supported by substantial evidence, is 1121
contrary to the manifest weight of the evidence, is in excess of 1122
the statutory authority or jurisdiction of the licensing agency, 1123
or violates any vested constitutional rights of any party involved 1124
in the appeal. Pending final disposition of the matter, the 1125
status quo of the applicant or licensee shall be preserved, except 1126
as the court otherwise orders in the public interest. Rules with 1127
respect to court costs in other cases in chancery shall apply 1128
equally to cases hereunder. Appeals in accordance with law may be 1129
had to the Supreme Court of the State of Mississippi from any 1130
final judgment of the chancery court. 1131
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SECTION 22. Section 41-77-23, Mississippi Code of 1972, is 1132
amended as follows: 1133
41-77-23. Any person or persons or other entity or entities 1134
establishing, managing or operating a "birthing center" or 1135
conducting the business of a "birthing center" without the 1136
required license, or which otherwise violate any of the provisions 1137
of this chapter * * * or the rules, regulations or standards 1138
promulgated in furtherance of any law in which the * * * licensing 1139
agency has authority therefor, shall be subject to the * * * 1140
following: 1141
(a) Revocation of the license of the birthing center or 1142
a designated section, component or service thereof; or 1143
(b) Nonlicensure of a specific or designated service 1144
offered by the birthing center. 1145
In addition, any violation of any provision of this chapter 1146
or any rules or regulations promulgated in furtherance thereof by 1147
intent, fraud, deceit, unlawful design, willful and/or deliberate 1148
misrepresentation, or by careless, negligent or incautious 1149
disregard for such statutes or rules and regulations, either by 1150
persons acting individually or in concert with others, shall 1151
constitute a misdemeanor and shall be punishable by a fine not to 1152
exceed One Thousand Dollars ($1,000.00) for each offense. Each 1153
day of continuing violation shall be considered a separate 1154
offense. The venue for prosecution of any such violation shall be 1155
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in any county of the state in which any such violation, or portion 1156
thereof, occurred. 1157
SECTION 23. Section 41-77-25, Mississippi Code of 1972, is 1158
amended as follows: 1159
41-77-25. Upon receipt of an application for license and the 1160
license fee, the licensing agency shall issue a license if the 1161
applicant and the institutional facilities meet the requirements 1162
established under this chapter * * *. A license, unless suspended 1163
or revoked, shall be renewable annually upon payment of a renewal 1164
fee of Three Hundred Dollars ($300.00), which shall be paid to the 1165
licensing agency, and upon filing by the licensee and approval by 1166
the licensing agency of an annual report upon such uniform dates 1167
and containing such information in such form as the licensing 1168
agency requires. Any increase in the fee charged by the licensing 1169
agency under this section shall be in accordance with the 1170
provisions of Section 41-3-65. Each license shall be issued only 1171
for the premises and person or persons named in the application 1172
and shall not be transferable or assignable. Licenses shall be 1173
posted in a conspicuous place on the licensed premises. 1174
SECTION 24. Section 43-11-9, Mississippi Code of 1972, is 1175
amended as follows: 1176
43-11-9. (1) Upon receipt of an application for license and 1177
the license fee, the licensing agency shall issue a license if the 1178
applicant and the institutional facilities meet the requirements 1179
established under this chapter * * *. A license, unless suspended 1180
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or revoked, shall be renewable annually upon payment by (a) the 1181
licensee of an institution for the aged or infirm, except for 1182
personal care homes, of a renewal fee of Twenty Dollars ($20.00) 1183
for each bed in the institution, with a minimum fee per 1184
institution of Two Hundred Dollars ($200.00), or (b) the licensee 1185
of a personal care home of a renewal fee of Fifteen Dollars 1186
($15.00) for each bed in the institution, with a minimum fee per 1187
institution of One Hundred Dollars ($100.00), which shall be paid 1188
to the licensing agency, and upon filing by the licensee and 1189
approval by the licensing agency of an annual report upon such 1190
uniform dates and containing such information in such form as the 1191
licensing agency prescribes by regulation. Any increase in the 1192
fee charged by the licensing agency under this subsection shall be 1193
in accordance with the provisions of Section 41-3-65. Each 1194
license shall be issued only for the premises and person or 1195
persons or other legal entity or entities named in the application 1196
and shall not be transferable or assignable except with the 1197
written approval of the licensing agency. Licenses shall be 1198
posted in a conspicuous place on the licensed premises. 1199
(2) A fee known as a "User Fee" shall be applicable and 1200
shall be paid to the licensing agency as set out in subsection (1) 1201
of this section. Any increase in the fee charged by the licensing 1202
agency under this subsection shall be in accordance with the 1203
provisions of Section 41-3-65. This user fee shall be assessed 1204
for the purpose of the required reviewing and inspections of the 1205
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proposal of any institution in which there are additions, 1206
renovations, modernizations, expansion, alterations, conversions, 1207
modifications or replacement of the entire facility involved in 1208
such proposal. This fee includes the reviewing of architectural 1209
plans in all steps required. There shall be a minimum user fee of 1210
Fifty Dollars ($50.00) and a maximum user fee of Five Thousand 1211
Dollars ($5,000.00). 1212
(3) No governmental entity or agency shall be required to 1213
pay the fee or fees set forth in this section. 1214
SECTION 25. Section 43-11-19, Mississippi Code of 1972, is 1215
amended as follows: 1216
43-11-19. Information received by the licensing agency 1217
through filed reports, inspection, or as otherwise authorized 1218
under this chapter, shall not be disclosed publicly in such manner 1219
as to identify individuals, except in a proceeding involving the 1220
questions of licensure; however, the licensing agency may utilize 1221
statistical data concerning types of services and the utilization 1222
of those services for institutions for the aged or infirm in 1223
performing the * * * duties imposed upon it by * * * Section 1224
43-11-21. 1225
SECTION 26. Section 43-13-117.5, Mississippi Code of 1972, 1226
is amended as follows: 1227
43-13-117.5. (1) The Division of Medicaid is authorized to 1228
reimburse for services provided to eligible Medicaid beneficiaries 1229
by a licensed freestanding psychiatric hospital in a method and 1230
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manner to be determined by the division in accordance with federal 1231
law and federal regulations. The division may seek any necessary 1232
waivers * * * or make any required amendments to its State 1233
Plan * * * as necessary to provide the services authorized under 1234
this section. 1235
(2) As used in this section * * *: 1236
(a) "Psychiatric hospital" * * * means an 1237
institution * * * which is primarily engaged in providing to 1238
inpatients, by or under the supervision of a physician, 1239
psychiatric services for the diagnosis and treatment of persons 1240
with mental illness. 1241
(b) "Hospital" means an institution which is primarily 1242
engaged in providing to inpatients, by or under the supervision of 1243
physicians, diagnostic services and therapeutic services for 1244
medical diagnoses, treatment and care of injured, disabled or sick 1245
persons, or rehabilitation services for the rehabilitation of 1246
injured, disabled or sick persons. Such term does not include 1247
psychiatric hospitals. 1248
(3) It is the intent of the Legislature that the cost of 1249
providing services to individuals in a psychiatric hospital shall 1250
not exceed the cost of providing the same services to individuals 1251
in a hospital * * *. 1252
SECTION 27. Section 57-117-5, Mississippi Code of 1972, is 1253
amended as follows: 1254
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57-117-5. (1) The MDA may certify an area as a health care 1255
industry zone if the following requirements are met: 1256
(a) The area is located within: 1257
(i) Three (3) contiguous counties which have * * * 1258
hospitals located within counties that have more than three 1259
hundred seventy-five (375) acute care hospital beds; and/or 1260
(ii) A county which has a hospital with a minimum 1261
capital investment of Two Hundred Fifty Million Dollars 1262
($250,000,000.00) and for which construction is completed before 1263
July 1, 2017; 1264
(b) The health care industry facility is located within 1265
an eight-mile radius of: 1266
(i) A facility with a * * * license for hospital 1267
beds; and/or 1268
(ii) A university or college that is: 1269
1. Accredited by the Southern Association of 1270
Colleges and Schools and awards degrees and/or trains workers for 1271
jobs in health care or pharmaceutical fields of study and/or work, 1272
and 1273
2. Located along or near Mississippi Highway 1274
67 within a master planned community as defined in Section 1275
19-5-10; and 1276
(c) The zoning of the local government unit, if 1277
applicable, allows the construction or operation in the proposed 1278
health care industry zone of the health care industry facility. 1279
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ST: Health Care Certificate of Need Law;
repeal.
* * * 1280
( * * *2) The MDA may adopt and promulgate such rules and 1281
regulations, in compliance with the Mississippi Administrative 1282
Procedures Law, as are necessary for the efficient and effective 1283
administration of this section in keeping with the purposes for 1284
which it is enacted. 1285
SECTION 28. Section 41-9-311, Mississippi Code of 1972, 1286
which provides that nothing in the Rural Health Availability Act 1287
exempts hospitals from compliance with the certificate of need 1288
law, is repealed. 1289
SECTION 29. This act shall take effect and be in force from 1290
and after July 1, 2026. 1291