Bill Text: MS HB714 | 2011 | Regular Session | Introduced

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Bill Title: MS Health Information Network (MS-HIN); require annual report to Legislature and PEER performance evaluation.

Sponsorship: Partisan Bill (Democrat 6)

Status: (Failed) 2011-02-01 - Died In Committee [HB714 Detail]

Download: Mississippi-2011-HB714-Introduced.html

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MISSISSIPPI LEGISLATURE

2011 Regular Session

To: Public Health and Human Services

By: Representatives Moss, Clarke, Dedeaux, Robinson, Sullivan, Ward

House Bill 714

AN ACT TO AMEND SECTION 41-119-7, MISSISSIPPI CODE OF 1972, TO REQUIRE THE MISSISSIPPI HEALTH INFORMATION NETWORK (MS-HIN) BOARD TO MAKE AN ANNUAL REPORT TO THE LEGISLATURE; TO AMEND SECTION 41-119-19, MISSISSIPPI CODE OF 1972, TO REQUIRE THE PEER COMMITTEE TO CONDUCT A PERFORMANCE EVALUATION OF THE MS-HIN BOARD BY DECEMBER 31, 2013; TO AMEND SECTION 25-53-25, MISSISSIPPI CODE OF 1972, TO ESTABLISH CERTAIN OVERSIGHT STANDARDS FOR PROCUREMENTS OF INFORMATION TECHNOLOGY OR SERVICE CONTRACTS EXEMPTED FROM DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES PROCUREMENT POLICIES; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 41-119-7, Mississippi Code of 1972, is amended as follows:

     41-119-7.  (1)  In furtherance of the purposes of this chapter, the MS-HIN shall have the following duties:

          (a)  Initiate a statewide health information network to:

              (i)  Facilitate communication of patient clinical and financial information;

              (ii)  Promote more efficient and effective communication among multiple health care providers and payers, including, but not limited to, hospitals, physicians, nonphysician providers, third-party payers, self-insured employers, pharmacies, laboratories and other health care entities;

              (iii)  Create efficiencies by eliminating redundancy in data capture and storage and reducing administrative, billing and data collection costs;

              (iv)  Create the ability to monitor community health status;

              (v)  Provide reliable information to health care consumers and purchasers regarding the quality and cost-effectiveness of health care, health plans and health care providers; and

              (vi)  Promote the use of certified electronic health records technology in a manner that improves quality, safety, and efficiency of health care delivery, reduces health care disparities, engages patients and families, improves health care coordination, improves population and public health, and ensures adequate privacy and security protections for personal health information.

          (b)  Develop or design other initiatives in furtherance of its purpose; and

          (c)  Perform any and all other activities in furtherance of its purpose.

     (2)  The MS-HIN board is granted all incidental powers to carry out its purposes and duties, including the following:

          (a)  To appoint an executive director, who will serve at the will and pleasure of the MS-HIN board.  The qualifications and employment terms for the executive director shall be determined by the MS-HIN board;

          (b)  To adopt, modify, repeal, promulgate, and enforce rules and regulations to carry out the purposes of the MS-HIN;

          (c)  To establish a process for hearing and determining case decisions to resolve disputes under this chapter or the rules and regulations promulgated under this chapter among participants, subscribers or the public;

          (d)  To enter into, and to authorize the executive director to execute contracts or other agreements with any federal or state agency, any public or private institution, or any individual in carrying out the provisions of this chapter; and

          (e)  To discharge other duties, responsibilities, and powers as are necessary to implement the provisions of this chapter.

     (3)  The executive director shall have the following powers and duties:

          (a)  To employ qualified professional personnel as required for the operation of the MS-HIN and as authorized by the MS-HIN board;

          (b)  To administer the policies of the MS-HIN board; and

          (c)  To supervise and direct all administrative and technical activities of the MS-HIN.

     (4)  The MS-HIN shall have the power and authority to accept appropriations, grants and donations from public or private entities and to charge reasonable fees for its services.  The revenue derived from grants, donations, fees and other sources of income shall be deposited into a special fund that is created in the State Treasury and earmarked for use by the MS-HIN in carrying out its duties under this chapter.

     (5)  (a)  The MS-HIN board shall, by January 1 of each year, make a formal report to the Chairmen of the House Public Health and Human Services Committee, the Senate Public Health and Welfare Committee and the House Medicaid Committee on the progress that the board has made toward initiating a statewide health information network.  The report also should contain any recommendations for legislative action that the board considers necessary to making its efforts for implementing the statewide network more effective.

          (b)  This subsection (5) shall stand repealed on July 1, 2014.

     SECTION 2.  Section 41-119-19, Mississippi Code of 1972, is amended as follows:

     41-119-19.  The Legislative Performance Evaluation and Expenditure Review Committee (PEER) shall conduct a performance evaluation of the MS-HIN board and make a report to the Chairmen of the Human Services Committee, the Senate Public Health and Welfare Committee and the House Medicaid Committee by December 31, 2013.

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     SECTION 3.  Section 25-53-25, Mississippi Code of 1972, is amended as follows:

     25-53-25.  (1)  Nothing in this chapter shall be construed to pertain to any agency financed entirely by federal funds; provided, however, that nothing in this subsection shall be construed to imply exemption from the public purchases law, being Section 31-7-1 et seq.

     (2)  The authority may establish policies and procedures for the purpose of delegating the bidding and contracting responsibilities related to the procurement of computer equipment or services to the purchasing agency.  Such policies and procedures must address the following issues:

          (a)  Establish categories of equipment or services affected;

          (b)  Establish maximum unit and/or ceiling prices of such procurements;

          (c)  Establish reporting, monitoring and control of such procurements; and

          (d)  Establish other such rules and regulations as necessary to fully implement the purposes of this section.  Nothing in this subsection shall be construed to imply exemption from the public purchases law, being Section 31-7-1 et seq.

     (3)  Acquisitions of computer equipment and services by institutions of higher learning or junior colleges wholly with federal funds and not with state general funds shall be exempt from the provisions of this chapter; however, nothing in this subsection shall be construed to imply an exemption of such acquisitions from the public purchases law, being Section 31-7-1 et seq.

     (4)  [Repealed]

     (5)  (a)  In any instance in which the department has authorized an exemption from its procurement policies, the department shall review the following agency files or records for any exempted purchase:

              (i)  The request for proposals;

              (ii)  Any and all proposed standards and processes that will be used for the evaluation of proposals; and

              (iii)  The agency's basis for making an award.

          (b)  The department also shall be required to cosign any information technology and service contracts for any procurement that has been exempted under the authority of this section.  Any contract that is not cosigned shall be void.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2011.

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