Bill Text: MS SB2805 | 2020 | Regular Session | Introduced
Bill Title: Emergency medical services; prohibit sole participation in nonemergency, interfacility transfers.
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-03 - Died In Committee [SB2805 Detail]
Download: Mississippi-2020-SB2805-Introduced.html
MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Public Health and Welfare
By: Senator(s) Horhn, Harkins
Senate Bill 2805
AN ACT TO AMEND SECTION 41-59-3, MISSISSIPPI CODE OF 1972, TO DEFINE "INTERFACILITY TRANSFER", TO PROHIBIT DISCRIMINATION IN CONNECTION WITH THE TRANSPORTATION OF PATIENTS BASED ON THE PATIENT'S PAYOR PAYMENT STATUS, TO PROHIBIT AMBULANCE SERVICE PROVIDERS AND INVALID VEHICLE SERVICE PROVIDERS FROM SOLELY PARTICIPATING IN NONEMERGENCY, INTERFACILITY TRANSFERS AND TO AUTHORIZE THE STATE BOARD OF HEALTH TO PROMULGATE REGULATIONS TO ENFORCE THIS SECTION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-59-3, Mississippi Code of 1972, is amended as follows:
41-59-3. As used in this chapter, unless the context otherwise requires, the term:
(a)
"Ambulance" means any privately or publicly owned land or air vehicle
that is especially designed, constructed, modified or equipped to be used,
maintained and operated upon the streets, highways or airways of this state to
assist persons who are sick, injured, wounded, or otherwise incapacitated or
helpless * * *.
(b) "Permit"
means an authorization issued for an ambulance vehicle and/or a special use EMS
vehicle as meeting the standards adopted under this chapter * * *.
(c)
"License" means an authorization to any person, firm, corporation, or
governmental division or agency to provide ambulance services in the State of
Mississippi * * *.
(d) "Emergency
medical technician" means an individual who possesses a valid emergency
medical technician's certificate issued under the provisions of this chapter or
who has a privilege to practice under the Emergency Medical Services Personnel
Licensure Interstate Compact * * *.
(e)
"Certificate" means official acknowledgment that an individual has
successfully completed (i) the recommended basic emergency medical technician
training course referred to in this chapter which entitles that individual to
perform the functions and duties of an emergency medical technician, or (ii)
the recommended medical first responder training course referred to in this chapter
which entitles that individual to perform the functions and duties of a medical
first responder * * *.
(f) "Board"
means the State Board of Health * * *.
(g)
"Department" means the State Department of Health, Division of
Emergency Medical Services * * *.
(h) "Executive
officer" means the Executive Officer of the State Board of Health, or his
designated representative * * *;.
(i) "First
responder" means a person who uses a limited amount of equipment to
perform the initial assessment of and intervention with sick, wounded or
otherwise incapacitated persons * * *.
(j) "Medical
first responder" means a person who uses a limited amount of equipment to
perform the initial assessment of and intervention with sick, wounded or
otherwise incapacitated persons who (i) is trained to assist other EMS
personnel by successfully completing, and remaining current in refresher
training in accordance with, an approved "First Responder: National
Standard Curriculum" training program, as developed and promulgated by the
United States Department of Transportation; (ii) is nationally registered as a
first responder by the National Registry of Emergency Medical Technicians; and
(iii) is certified as a medical first responder by the State Department of
Health, Division of Emergency Medical Services * * *.
(k) "Invalid
vehicle" means any privately or publicly owned land or air vehicle that is
maintained, operated and used only to transport persons routinely who are
convalescent or otherwise nonambulatory and do not require the service of an
emergency medical technician while in transit * * *.
(l) "Special use
EMS vehicle" means any privately or publicly owned land, water or air
emergency vehicle used to support the provision of emergency medical services.
These vehicles shall not be used routinely to transport patients * * *.
(m) "Trauma care
system" or "trauma system" means a formally organized
arrangement of health care resources that has been designated by the department
by which major trauma victims are triaged, transported to and treated at trauma
care facilities * * *.
(n) "Trauma care
facility" or "trauma center" means a hospital located in the
State of Mississippi or a Level I trauma care facility or center located in a
state contiguous to the State of Mississippi that has been designated by the
department to perform specified trauma care services within a trauma care
system pursuant to standards adopted by the department * * *.
(o) "Trauma
registry" means a collection of data on patients who receive hospital care
for certain types of injuries. Such data are primarily designed to ensure
quality trauma care and outcomes in individual institutions and trauma systems,
but have the secondary purpose of providing useful data for the surveillance of
injury morbidity and mortality * * *.
(p) "Emergency
medical condition" means a medical condition manifesting itself by acute
symptoms of sufficient severity, including severe pain, psychiatric
disturbances and/or symptoms of substance abuse, such that a prudent layperson
who possesses an average knowledge of health and medicine could reasonably
expect the absence of immediate medical attention to result in placing the
health of the individual (or, with respect to a pregnant woman, the health of the
woman or her unborn child) in serious jeopardy, serious impairment to bodily
functions, or serious dysfunction of any bodily organ or part * * *.
(q) "Emergency
medical call" means a situation that is presumptively classified at time
of dispatch to have a high index of probability that an emergency medical
condition or other situation exists that requires medical intervention as soon
as possible to reduce the seriousness of the situation, or when the exact
circumstances are unknown, but the nature of the request is suggestive of a
true emergency where a patient may be at risk * * *.
(r) "Emergency
response" means responding immediately at the basic life support or
advanced life support level of service to an emergency medical call. An
immediate response is one in which the ambulance supplier begins as quickly as
possible to take the steps necessary to respond to the call * * *.
(s) "Emergency
mode" means an ambulance or special use EMS vehicle operating with
emergency lights and warning siren (or warning siren and air horn) while
engaged in an emergency medical call * * *.
(t) "Interfacility transfer" means the transportation of a patient, by either an ambulance service provider or an invalid vehicle service provider, initiating at a healthcare facility whose destination is another healthcare facility.
SECTION 2. (1) Ambulance service providers, invalid vehicle service providers and healthcare facilities shall not discriminate in connection with the transportation of patients based on the patient's payor payment status.
(2) Ambulance service providers and invalid vehicle service providers shall not participate solely in nonemergency, interfacility transfers.
(3) The board shall promulgate all necessary regulations to enforce this section.
SECTION 3. This act shall take effect and be in force from and after July 1, 2020.
