Bill Text: MS HB886 | 2017 | Regular Session | Introduced
Bill Title: Health Agency Reorganization Act; create.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-01-31 - Died In Committee [HB886 Detail]
Download: Mississippi-2017-HB886-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Appropriations
By: Representative Read
House Bill 886
AN ACT ENTITLED THE "MISSISSIPPI HEALTH AGENCY REORGANIZATION ACT OF 2017"; TO PROVIDE THAT THE MISSISSIPPI DEPARTMENT OF MENTAL HEALTH SHALL BE UNDER THE POLICY DIRECTION OF THE GOVERNOR; TO PROVIDE THAT THE EXECUTIVE DIRECTOR OF THE MISSISSIPPI DEPARTMENT OF MENTAL HEALTH SHALL BE APPOINTED BY AND SERVE AT THE WILL AND PLEASURE OF THE GOVERNOR AND TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL ESTABLISH THE ORGANIZATIONAL STRUCTURE OF THE DEPARTMENT; TO PROVIDE THAT THE STATE BOARD OF MENTAL HEALTH SHALL BE AN ADVISORY BOARD TO THE DEPARTMENT; TO AMEND SECTIONS 41-4-1, 41-4-3, 41-4-5, 41-4-7, 41-4-9 AND 41-4-10, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO PROVIDE THAT THE MISSISSIPPI STATE DEPARTMENT OF HEALTH SHALL BE UNDER THE POLICY DIRECTION OF THE GOVERNOR; TO PROVIDE THAT THE EXECUTIVE DIRECTOR OF THE MISSISSIPPI STATE DEPARTMENT OF HEALTH SHALL BE APPOINTED BY AND SERVE AT THE WILL AND PLEASURE OF THE GOVERNOR AND TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL ESTABLISH THE ORGANIZATIONAL STRUCTURE OF THE DEPARTMENT; TO PROVIDE THAT THE STATE BOARD OF HEALTH SHALL BE AN ADVISORY BOARD TO THE DEPARTMENT; TO AMEND SECTIONS 41-3-1.1, 41-3-3, 41-3-4, 41-3-5.1, 41-3-6, 41-3-15, 41-3-17, 41-3-18, 41-3-19, 41-3-20, 41-3-21, 41-3-51 AND 41-3-53, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO PROVIDE THAT THE STATE DEPARTMENT OF REHABILITATION SERVICES SHALL BE UNDER THE POLICY DIRECTION OF THE GOVERNOR; TO PROVIDE THAT THE EXECUTIVE DIRECTOR OF THE STATE DEPARTMENT OF REHABILITATION SERVICES SHALL BE APPOINTED BY AND SERVE AT THE WILL AND PLEASURE OF THE GOVERNOR AND TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL ESTABLISH THE ORGANIZATIONAL STRUCTURE OF THE DEPARTMENT; TO PROVIDE THAT THE STATE BOARD OF REHABILITATION SERVICES SHALL BE AN ADVISORY BOARD TO THE DEPARTMENT; TO AMEND SECTIONS 37-33-151, 37-33-153, 37-33-155, 37-33-157, 37-33-159, 37-33-161, 37-33-163, 37-33-201, 37-33-205, 37-33-207 AND 37-33-253, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO AMEND SECTION 25-9-127, MISSISSIPPI CODE OF 1972, TO EXEMPT EMPLOYEE POSITIONS AFFECTED BY THIS REORGANIZATION FROM THE REGULATIONS OF THE STATE PERSONNEL BOARD; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Mississippi Health Agency Reorganization Act of 2017."
SECTION 2. (1) On July 1, 2017, the Mississippi Department of Mental Health shall be under the policy direction of the Governor and shall retain all powers and duties as granted to the former Mississippi Department of Mental Health or State Board of Mental Health. Wherever the term "Mississippi Department of Mental Health" or "State Board of Mental Health" appears in any law or regulation, the same shall mean the Department of Mental Health, under the policy direction of the Governor. The executive director of the Department of Mental Health may assign to the appropriate offices such powers and duties deemed appropriate to carry out the lawful functions of the department.
(2) The executive director of the Department of Mental Health shall be authorized to combine or abolish employee positions as necessary to carry out the provisions of this act, and the executive director is authorized to reorganize such offices, services, programs or other activities so as to achieve economy and efficiency and if he or she finds such action to be in the public interest.
SECTION 3. Section 41-4-1, Mississippi Code of 1972, is amended as follows:
41-4-1. (1) The goal of the Rose Isabel Williams Mental Health Reform Act of 2011 is to reform the current Mississippi mental health delivery system so that necessary services, supports and operational structures for all its citizens with mental illness and/or alcohol and drug dependence and/or comorbidity, whether children, youth or adults, are accessible and delivered preferably in the communities where these citizens live. To accomplish this goal, this act provides that initially certain core services as defined in subsection (2) of this section should be available to residents of each county in the state. These services may be provided by community mental health/intellectual disability centers. In order to determine what services are available, the State Department of Mental Health, under the policy direction of the Governor, is directed to survey the community mental health/intellectual disability centers, and the community mental health/intellectual disability centers are directed to report what services they are currently providing in each county. This act does not require any community mental health/intellectual disability center to provide any service. This act is not independent authority for any program not otherwise authorized.
(2) The * * * Department of Mental Health,
under the policy direction of the Governor, is authorized and empowered to
promulgate regulations to ensure that core adult mental health services, child
mental health services, intellectual/developmental disability services, and
substance abuse prevention and treatment/rehabilitation services are provided
throughout the state through the regional mental health/intellectual disability
commissions and centers or through other providers. The * * * Department of Mental Health
is directed to give priority to crisis services and crisis stabilization unit
services provided twenty-four (24) hours a day, seven (7) days a week, where
trained emergency-crisis response staff triage referrals and respond in a
timely and adequate manner to diffuse a current personal crisis situation.
SECTION 4. Section 41-4-3, Mississippi Code of 1972, is amended as follows:
41-4-3. (1) From and
after July 1, 2017, there is created a State Advisory Board * * * on Mental Health, referred to in
this chapter as "board," consisting of nine (9) members, to be
appointed by the Governor, with the advice and consent of the Senate, each of
whom shall be a qualified elector. One (1) member shall be appointed from each
congressional district as presently constituted; and four (4) members shall be
appointed from the state at large, one (1) of whom shall be a licensed medical
doctor who is a psychiatrist, one (1) of whom shall hold a Ph.D. degree and be
a licensed clinical psychologist, one (1) of whom shall be a licensed medical
doctor, and one (1) of whom shall be a social worker with experience in the
mental health field.
No more than two (2) members of the board shall be appointed from any one (1) congressional district as presently constituted.
Each member of the initial board shall serve for a term of years represented by the number of his congressional district; two (2) state-at-large members shall serve for a term of six (6) years; two (2) state at large members shall serve for a term of seven (7) years; subsequent appointments shall be for seven-year terms and the Governor shall fill any vacancy for the unexpired term.
The board shall elect a chairman whose term of office shall be one (1) year and until his successor shall be elected.
(2) Each board member shall be entitled to a per diem as is authorized by law and all actual and necessary expenses, including mileage as provided by law, incurred in the discharge of official duties.
(3) The board shall hold regular meetings quarterly and such special meetings deemed necessary, except that no action shall be taken unless there is present a quorum of at least five (5) members.
(4) The board shall advise the executive director of the Department of Mental Health, under the policy direction of the Governor, regarding any regulation or matter relating to the delivery of mental health services in the State of Mississippi.
SECTION 5. Section 41-4-5, Mississippi Code of 1972, is amended as follows:
41-4-5. There is created
the State Department of Mental Health, herein referred to as
"department," which shall consist of four (4) or more divisions,
among them the Division of Intellectual Disabilities, the Division of Alcohol
and Drug Misuse, the Division of Mental Health, and the Division of
Administration, Planning and Coordination, and such other divisions as the * * * executive director deems
appropriate.
SECTION 6. Section 41-4-7, Mississippi Code of 1972, is amended as follows:
41-4-7. The * * * Mississippi Department of
Mental Health, under the policy direction of the Governor, shall have
the following powers and duties:
(a) * * * The Governor shall appoint a full-time
executive director of the Department of Mental Health, with the advice and
consent of the Senate, who shall * * * serve at the will and pleasure of the
Governor. The * * *
executive director shall be a duly licensed physician with special
interest and competence in psychiatry, and shall possess a minimum of three (3)
years' experience in clinical and administrative psychiatry * * *, or shall
possess at least a master's degree or its equivalent, and shall possess at
least ten (10) years' administrative experience in the field of mental health * * *;
(b) * * * The executive director of the
Mississippi Department of Mental Health shall appoint a medical director
for the department * * *. The medical director shall provide clinical
oversight in the implementation of evidence-based and best practices; provide
clinical leadership in the integration of mental health, intellectual
disability and addiction services with community partners in the public and
private sectors; and provide oversight regarding standards of care. The
medical director shall serve at the will and pleasure of the * * * executive director, and will
undergo an annual review of job performance and future service to the
department;
(c) To cooperate with the Strategic Planning and Best Practices Committee created in Section 41-4-10, Mississippi Code of 1972, in establishing and implementing its state strategic plan;
(d) To develop a strategic plan for the development of services for persons with mental illness, persons with developmental disabilities and other clients of the public mental health system. Such strategic planning program shall require that the board, acting through the Strategic Planning and Best Practices Committee, perform the following functions respecting the delivery of services:
(i) Establish measures for determining the efficiency and effectiveness of the services specified in Section 41-4-1(2);
(ii) Conducting studies of community-based care in other jurisdictions to determine which services offered in these jurisdictions have the potential to provide the citizens of Mississippi with more effective and efficient community-based care;
(iii) Evaluating the efficiency and effectiveness of the services specified in Section 41-4-1(2);
(iv) Recommending to the Legislature by January 1, 2014, any necessary additions, deletions or other changes necessary to the services specified in Section 41-4-1(2);
(v) Implementing by July 1, 2012, a system of performance measures for the services specified in Section 41-4-1(2);
(vi) Recommending to the Legislature any changes that the department believes are necessary to the current laws addressing civil commitment;
(vii) Conducting any other activities necessary to the evaluation and study of the services specified in Section 41-4-1(2);
(viii) Assisting in conducting all necessary strategic planning for the delivery of all other services of the department. Such planning shall be conducted so as to produce a single strategic plan for the services delivered by the public mental health system and shall establish appropriate mission statements, goals, objectives and performance indicators for all programs and services of the public mental health system. For services other than those specified in Section 41-4-1(2), the committee shall recommend to the State Board of Mental Health a strategic plan that the board may adopt or modify;
(e) To set up state plans for the purpose of controlling and treating any and all forms of mental and emotional illness, alcoholism, drug misuse and developmental disabilities;
(f) To supervise,
coordinate and establish standards for all operations and activities of the
state related to mental health and providing mental health services. Nothing
in this chapter shall preclude the services of a psychiatric/mental health
nurse practitioner in accordance with an established nurse
practitioner/physician protocol. A physician, licensed psychologist,
psychiatric/mental health nurse practitioner in accordance with an established
nurse practitioner/physician protocol, physician assistant, licensed
professional counselor, licensed marriage and family therapists, or licensed
clinical social worker shall certify each client's record annually after seeing
the client in person or by telemedicine, and more often if medically indicated
by physically visiting the client and certifying same in the record. The * * * department shall have the
authority to develop and implement all standards and plans and shall have the
authority to establish appropriate actions, including financially punitive
actions, to ensure enforcement of these established standards, in accordance
with the Administrative Procedures Law (Section 25-43-1.101 et seq.). The
regional community mental health/intellectual disability centers shall comply
with all of the * * *
department's established standards that are applicable to those centers,
and the * * *
department may withhold any state funds that otherwise would be
allocated or paid to any of those centers that does not comply with the * * * department's established
standards. This paragraph (f) shall stand repealed on July 1, * * * 2018;
(g) To enter into contracts with any other state or federal agency, or with any private person, organization or group capable of contracting, if it finds such action to be in the public interest;
(h) To collect reasonable fees for its services; however, if it is determined that a person receiving services is unable to pay the total fee, the department shall collect any amount such person is able to pay;
(i) To certify,
coordinate and establish minimum standards and establish minimum required
services, as specified in Section 41-4-1(2), for regional mental health and
intellectual disability commissions and other community service providers for
community or regional programs and services in adult mental health, children
and youth mental health, intellectual disabilities, alcoholism, drug misuse,
developmental disabilities, compulsive gambling, addictive disorders and
related programs throughout the state. Such regional mental health and
intellectual disability commissions and other community service providers
shall, on or before July 1 of each year, submit an annual operational plan to
the State Department of Mental Health for approval or disapproval based on the
minimum standards and minimum required services established by the department
for certification and itemize the services specified in Section 41-4-1(2). As
part of the annual operation plan required by this paragraph (i) submitted by
any regional community mental health center or by any other reasonable
certification deemed acceptable by the department, the community mental health
center shall state those services specified in Section 41-4-1(2) that it will
provide and also those services that it will not provide. If the department
finds deficiencies in the plan of any regional commission or community service
provider based on the minimum standards and minimum required services
established for certification, the department shall give the regional
commission or community service provider a six-month probationary period to
bring its standards and services up to the established minimum standards and
minimum required services. After the six-month probationary period, if the
department determines that the regional commission or community service
provider still does not meet the minimum standards and minimum required
services established for certification, the department may remove the
certification of the commission or provider and from and after July 1, 2011,
the commission or provider shall be ineligible for state funds from Medicaid
reimbursement or other funding sources for those services. However, the
department shall not mandate a standard or service, or decertify a regional
commission or community service provider for not meeting a standard or service,
if the standard or service does not have funding appropriated by the
Legislature or have a state, federal or local funding source identified by the
department. No county shall be required to levy millage to provide a mandated
standard or service above the minimum rate required by Section 41-19-39. After
the six-month probationary period, the department may identify an appropriate
community service provider to provide any core services in that county that are
not provided by a community mental health center. However, the department
shall not offer reimbursement or other accommodations to a community service
provider of core services that were not offered to the decertified community
mental health center for the same or similar services. The * * * Department of Mental Health
shall promulgate rules and regulations necessary to implement the provisions of
this paragraph (i), in accordance with the Administrative Procedures Law
(Section 25-43-1.101 et seq.);
(j) To establish and promulgate reasonable minimum standards for the construction and operation of state and all Department of Mental Health certified facilities, including reasonable minimum standards for the admission, diagnosis, care, treatment, transfer of patients and their records, and also including reasonable minimum standards for providing day care, outpatient care, emergency care, inpatient care and follow-up care, when such care is provided for persons with mental or emotional illness, an intellectual disability, alcoholism, drug misuse and developmental disabilities;
(k) To implement best
practices for all services specified in Section 41-4-1(2), and to establish and
implement all other services delivered by the Department of Mental Health. To
carry out this responsibility, the * * * department shall require the
department to establish a division responsible for developing best practices
based on a comprehensive analysis of the mental health environment to determine
what the best practices for each service are. In developing best practices,
the * * * department
shall consider the cost and benefits associated with each practice with a goal
of implementing only those practices that are cost-effective practices for
service delivery. Such best practices shall be utilized by the * * * department in establishing
performance standards and evaluations of the community mental health centers'
services required by paragraph (d) of this section;
(l) To assist community or regional programs consistent with the purposes of this chapter by making grants and contracts from available funds;
(m) To establish and collect reasonable fees for necessary inspection services incidental to certification or compliance;
(n) To accept gifts, trusts, bequests, grants, endowments or transfers of property of any kind;
(o) To receive monies coming to it by way of fees for services or by appropriations;
(p) To serve as the single state agency in receiving and administering any and all funds available from any source for the purpose of service delivery, training, research and education in regard to all forms of mental illness, intellectual disabilities, alcoholism, drug misuse and developmental disabilities, unless such funds are specifically designated to a particular agency or institution by the federal government, the Mississippi Legislature or any other grantor;
(q) To establish
mental health holding centers for the purpose of providing short-term emergency
mental health treatment, places for holding persons awaiting commitment
proceedings or awaiting placement in a state mental health facility following
commitment, and for diverting placement in a state mental health facility.
These mental health holding facilities shall be readily accessible, available
statewide, and be in compliance with emergency services' minimum standards.
They shall be comprehensive and available to triage and make appropriate
clinical disposition, including the capability to access inpatient services or
less restrictive alternatives, as needed, as determined by medical staff. Such
facility shall have medical, nursing and behavioral services available on a
twenty-four-hour-a-day basis. The * * * department may provide for all or
part of the costs of establishing and operating the holding centers in each
district from such funds as may be appropriated to the * * * department for such use, and may
participate in any plan or agreement with any public or private entity under
which the entity will provide all or part of the costs of establishing and
operating a holding center in any district;
(r) To certify/license
case managers, mental health therapists, intellectual disability therapists,
mental health/intellectual disability program administrators, addiction
counselors and others as deemed appropriate by the * * * department. Persons already
professionally licensed by another state board or agency are not required to be
certified/licensed under this section by the Department of Mental Health. The
department shall not use professional titles in its certification/licensure
process for which there is an independent licensing procedure. Such
certification/licensure shall be valid only in the state mental health system,
in programs funded and/or certified by the Department of Mental Health and/or
in programs certified/licensed by the State Department of Health that are
operated by the state mental health system serving persons with mental illness,
an intellectual disability, a developmental disability or addictions, and shall
not be transferable;
(s) To develop formal mental health worker qualifications for regional mental health and intellectual disability commissions and other community service providers. The State Personnel Board shall develop and promulgate a recommended salary scale and career ladder for all regional mental health/intellectual disability center therapists and case managers who work directly with clients. The State Personnel Board shall also develop and promulgate a career ladder for all direct care workers employed by the State Department of Mental Health;
(t) The employees of the department shall be governed by personnel merit system rules and regulations, the same as other employees in state services;
(u) To establish such rules and regulations as may be necessary in carrying out the provisions of this chapter, including the establishment of a formal grievance procedure to investigate and attempt to resolve consumer complaints;
(v) To grant easements for roads, utilities and any other purpose it finds to be in the public interest;
(w) To survey
statutory designations, building markers and the names given to mental
health/intellectual disability facilities and proceedings in order to recommend
deletion of obsolete and offensive terminology relative to the mental
health/intellectual disability system. Based upon a recommendation of the
executive director, the * * *board department shall have the authority to
name/rename any facility operated under the auspices of the Department of
Mental Health for the sole purpose of deleting such terminology;
(x) To ensure an effective case management system directed at persons who have been discharged from state and private psychiatric hospitals to ensure their continued well-being in the community;
(y) To develop formal service delivery standards designed to measure the quality of services delivered to community clients, as well as the timeliness of services to community clients provided by regional mental health/intellectual disability commissions and other community services providers;
(z) To establish regional state offices to provide mental health crisis intervention centers and services available throughout the state to be utilized on a case-by-case emergency basis. The regional services director, other staff and delivery systems shall meet the minimum standards of the Department of Mental Health;
(aa) To require performance contracts with community mental health/intellectual disability service providers to contain performance indicators to measure successful outcomes, including diversion of persons from inpatient psychiatric hospitals, rapid/timely response to emergency cases, client satisfaction with services and other relevant performance measures;
(bb) To enter into interagency agreements with other state agencies, school districts and other local entities as determined necessary by the department to ensure that local mental health service entities are fulfilling their responsibilities to the overall state plan for behavioral services;
(cc) To establish and maintain a toll-free grievance reporting telephone system for the receipt and referral for investigation of all complaints by clients of state and community mental health/intellectual disability facilities;
(dd) To establish a peer review/quality assurance evaluation system that assures that appropriate assessment, diagnosis and treatment is provided according to established professional criteria and guidelines;
(ee) To develop and implement state plans for the purpose of assisting with the care and treatment of persons with Alzheimer's disease and other dementia. This plan shall include education and training of service providers, caregivers in the home setting and others who deal with persons with Alzheimer's disease and other dementia, and development of adult day care, family respite care and counseling programs to assist families who maintain persons with Alzheimer's disease and other dementia in the home setting. No agency shall be required to provide any services under this section until such time as sufficient funds have been appropriated or otherwise made available by the Legislature specifically for the purposes of the treatment of persons with Alzheimer's and other dementia;
(ff) Working with the
advice and consent of the administration of Ellisville State School, to enter
into negotiations with the Economic Development Authority of Jones County for
the purpose of negotiating the possible exchange, lease or sale of lands owned
by Ellisville State School to the Economic Development Authority of Jones
County. It is the intent of the Mississippi Legislature that such negotiations
shall ensure that the financial interest of the persons with an intellectual
disability served by Ellisville State School will be held paramount in the
course of these negotiations. The Legislature also recognizes the importance
of economic development to the citizens of the State of Mississippi and Jones
County, and encourages fairness to the Economic Development Authority of Jones
County. Any negotiations proposed which would result in the recommendation for
exchange, lease or sale of lands owned by Ellisville State School must have the
approval of the State Board of Mental Health. The * * * Department of Mental Health
may and has the final authority as to whether or not these negotiations result
in the exchange, lease or sale of the properties it currently holds in trust
for persons with an intellectual disability served at Ellisville State School.
If the * * * Department of Mental Health
authorizes the sale of lands owned by Ellisville State School, as provided for
under this paragraph (ff), the monies derived from the sale shall be placed
into a special fund that is created in the State Treasury to be known as the
"Ellisville State School Client's Trust Fund." The principal of the
trust fund shall remain inviolate and shall never be expended. Any interest
earned on the principal may be expended solely for the benefits of clients
served at Ellisville State School. The State Treasurer shall invest the monies
of the trust fund in any of the investments authorized for the Mississippi
Prepaid Affordable College Tuition Program under Section 37-155-9, and those
investments shall be subject to the limitations prescribed by Section 37-155-9.
Unexpended amounts remaining in the trust fund at the end of a fiscal year
shall not lapse into the State General Fund, and any interest earned on amounts
in the trust fund shall be deposited to the credit of the trust fund. The
administration of Ellisville State School may use any interest earned on the
principal of the trust fund, upon appropriation by the Legislature, as needed
for services or facilities by the clients of Ellisville State School.
Ellisville State School shall make known to the Legislature, through the
Legislative Budget Committee and the respective Appropriations Committees of
the House and Senate, its proposed use of interest earned on the principal of
the trust fund for any fiscal year in which it proposes to make expenditures
thereof. The State Treasurer shall provide Ellisville State School with an
annual report on the Ellisville State School Client's Trust Fund to indicate
the total monies in the trust fund, interest earned during the year, expenses
paid from the trust fund and such other related information.
Nothing in this section shall be construed as applying to or affecting mental health/intellectual disability services provided by hospitals as defined in Section 41-9-3(a), and/or their subsidiaries and divisions, which hospitals, subsidiaries and divisions are licensed and regulated by the Mississippi State Department of Mental Health unless such hospitals, subsidiaries or divisions voluntarily request certification by the Mississippi State Department of Mental Health.
All new programs authorized under this section shall be subject to the availability of funds appropriated therefor by the Legislature;
(gg) Working with the
advice and consent of the administration of Boswell Regional Center, to enter
into negotiations with the Economic Development Authority of Simpson County for
the purpose of negotiating the possible exchange, lease or sale of lands owned
by Boswell Regional Center to the Economic Development Authority of Simpson
County. It is the intent of the Mississippi Legislature that such negotiations
shall ensure that the financial interest of the persons with an intellectual
disability served by Boswell Regional Center will be held paramount in the
course of these negotiations. The Legislature also recognizes the importance
of economic development to the citizens of the State of Mississippi and Simpson
County, and encourages fairness to the Economic Development Authority of
Simpson County. Any negotiations proposed which would result in the
recommendation for exchange, lease or sale of lands owned by Boswell Regional
Center must have the approval of the State Board of Mental Health. The * * * Department of Mental Health
may and has the final authority as to whether or not these negotiations result
in the exchange, lease or sale of the properties it currently holds in trust
for persons with an intellectual disability served at Boswell Regional Center.
In any such exchange, lease or sale of such lands owned by Boswell Regional
Center, title to all minerals, oil and gas on such lands shall be reserved,
together with the right of ingress and egress to remove same, whether such provisions
be included in the terms of any such exchange, lease or sale or not.
If the * * * Department of Mental Health
authorizes the sale of lands owned by Boswell Regional Center, as provided for
under this paragraph (gg), the monies derived from the sale shall be placed
into a special fund that is created in the State Treasury to be known as the
"Boswell Regional Center Client's Trust Fund." The principal of the
trust fund shall remain inviolate and shall never be expended. Any earnings on
the principal may be expended solely for the benefits of clients served at
Boswell Regional Center. The State Treasurer shall invest the monies of the
trust fund in any of the investments authorized for the Mississippi Prepaid
Affordable College Tuition Program under Section 37-155-9, and those
investments shall be subject to the limitations prescribed by Section 37-155-9.
Unexpended amounts remaining in the trust fund at the end of a fiscal year
shall not lapse into the State General Fund, and any earnings on amounts in the
trust fund shall be deposited to the credit of the trust fund. The
administration of Boswell Regional Center may use any earnings on the principal
of the trust fund, upon appropriation by the Legislature, as needed for
services or facilities by the clients of Boswell Regional Center. Boswell
Regional Center shall make known to the Legislature, through the Legislative
Budget Committee and the respective Appropriations Committees of the House and
Senate, its proposed use of the earnings on the principal of the trust fund for
any fiscal year in which it proposes to make expenditures thereof. The State
Treasurer shall provide Boswell Regional Center with an annual report on the
Boswell Regional Center Client's Trust Fund to indicate the total monies in the
trust fund, interest and other income earned during the year, expenses paid
from the trust fund and such other related information.
Nothing in this section shall be construed as applying to or affecting mental health/intellectual disability services provided by hospitals as defined in Section 41-9-3(a), and/or their subsidiaries and divisions, which hospitals, subsidiaries and divisions are licensed and regulated by the Mississippi State Department of Health unless such hospitals, subsidiaries or divisions voluntarily request certification by the Mississippi State Department of Mental Health.
All new programs authorized under this section shall be subject to the availability of funds appropriated therefor by the Legislature;
(hh) Notwithstanding any other section of the code, the Board of Mental Health shall be authorized to fingerprint and perform a criminal history record check on every employee or volunteer. Every employee and volunteer shall provide a valid current social security number and/or driver's license number which shall be furnished to conduct the criminal history record check. If no disqualifying record is identified at the state level, fingerprints shall be forwarded to the Federal Bureau of Investigation for a national criminal history record check;
(ii) The Department of Mental Health shall have the authority for the development of a consumer friendly single point of intake and referral system within its service areas for persons with mental illness, an intellectual disability, developmental disabilities or alcohol or substance abuse who need assistance identifying or accessing appropriate services. The department will develop and implement a comprehensive evaluation procedure ensuring that, where appropriate, the affected person or their parent or legal guardian will be involved in the assessment and planning process. The department, as the point of intake and as service provider, shall have the authority to determine the appropriate institutional, hospital or community care setting for persons who have been diagnosed with mental illness, an intellectual disability, developmental disabilities and/or alcohol or substance abuse, and may provide for the least restrictive placement if the treating professional believes such a setting is appropriate, if the person affected or their parent or legal guardian wants such services, and if the department can do so with a reasonable modification of the program without creating a fundamental alteration of the program. The least restrictive setting could be an institution, hospital or community setting, based upon the needs of the affected person or their parent or legal guardian;
(jj) To have the sole power and discretion to enter into, sign, execute and deliver long-term or multiyear leases of real and personal property owned by the Department of Mental Health to and from other state and federal agencies and private entities deemed to be in the public's best interest. Any monies derived from such leases shall be deposited into the funds of thee Department of Mental Health for its exclusive use. Leases to private entities shall be approved by the Department of Finance and Administration and all leases shall be filed with the Secretary of State;
(kk) To certify and establish minimum standards and minimum required services for county facilities used for housing, feeding and providing medical treatment for any person who has been involuntarily ordered admitted to a treatment center by a court of competent jurisdiction. The minimum standard for the initial assessment of those persons being housed in county facilities is for the assessment to be performed by a physician, preferably a psychiatrist, or by a nurse practitioner, preferably a psychiatric nurse practitioner. If the department finds deficiencies in any such county facility or its provider based on the minimum standards and minimum required services established for certification, the department shall give the county or its provider a six-month probationary period to bring its standards and services up to the established minimum standards and minimum required services. After the six-month probationary period, if the department determines that the county or its provider still does not meet the minimum standards and minimum required services, the department may remove the certification of the county or provider and require the county to contract with another county having a certified facility to hold those persons for that period of time pending transportation and admission to a state treatment facility. Any cost incurred by a county receiving an involuntarily committed person from a county with a decertified holding facility shall be reimbursed by the home county to the receiving county.
SECTION 7. Section 41-4-9, Mississippi Code of 1972, is amended as follows:
41-4-9. The * * * Department of Mental Health
is hereby authorized and directed to create advisory councils to assist the * * * department in the performance and
discharge of their duties.
SECTION 8. Section 41-4-10, Mississippi Code of 1972, is amended as follows:
41-4-10. There is * * * established a Strategic Planning and
Best Practices Committee (committee) for the purpose of improving and
coordinating mental health services in the state. The committee shall consist
of eleven (11) members appointed by the Governor as follows:
(a) Two (2) members * * * representing the
Department of Mental Health;
(b) The Chairman of the Department of Psychiatry at the University of Mississippi Medical Center;
(c) The executive director of the Division of Medicaid in the Office of the Governor;
(d) Two (2) directors
of community mental health centers that are members of the Mississippi
Association of Community Mental Health Centers * * *;
(e) One (1) representative of a nonprofit mental health advocacy group;
(f) One (1) consumer or family member of a consumer of mental health services;
(g) One (1) representative from a separate, private, nonprofit provider of a continuum of mental health services;
(h) Two (2) individuals knowledgeable in the field of mental health and/or with experience in business management or public administration.
All appointed members of the Strategic Planning and Best Practices Committee shall be appointed to three-year terms and may be reappointed.
The committee shall meet and
elect a chairman, who shall not be * * * an
employee of the Department of Mental Health or the State Board of Health.
The committee shall meet upon the call of the chair.
The Lieutenant Governor may designate one (1) Senator and the Speaker of the House of Representatives may designate one (1) Representative to attend any meeting of the Strategic Planning and Best Practices Committee. The appointing authorities may designate alternate members from their respective houses to serve when the regular designees are unable to attend the meetings of the committee.
The committee shall work
with the * * * Department of Mental Health and the Regional Community
Mental Health and Intellectual Disability Commissions to produce the state
strategic plan as required in Section 41-4-7(d).
The Department of Mental Health shall provide professional and technical support to the committee, including the services of the department's medical director, and its planning staff. Additionally, the committee shall be authorized to seek grants from public and private sources to conduct the necessary studies and evaluations to support the committee in carrying out its responsibilities. The committee may also seek the assistance of the state institutions of higher learning, the State Department of Health, the Division of Medicaid, the State Department of Education, any community mental health center, and any other state agency whose expertise may be helpful to the committee.
This section shall stand
repealed from and after July 1, * * * 2018.
SECTION 9. (1) On July 1, 2017, the Mississippi Department of Health, under the policy direction of the Governor, shall retain all powers and duties as granted to the former Mississippi State Department of Health or State Board of Health. Wherever the term "Mississippi State Department of Health" or "State Board of Health" appears in any law or regulation, the same shall mean the Department of Health, under the policy direction of the Governor.
(2) The executive director of the Department of Health may assign to the appropriate offices such powers and duties deemed appropriate to carry out the lawful functions of the department. The executive director of the Department of Health shall be authorized to combine or abolish employee positions as necessary to carry out the provisions of this act, and the executive director is authorized to reorganize such offices, services, programs or other activities so as to achieve economy and efficiency and if he or she finds such action to be in the public interest.
SECTION 10. Section 41-3-1.1, Mississippi Code of 1972, is amended as follows:
41-3-1.1. (1) The State Board of Health is continued and reconstituted as an advisory board as follows:
There is created the State Board of Health Advisors which, from and after March 30, 2007, shall consist of eleven (11) members appointed with the advice and consent of the Senate, as follows:
(a) Five (5) members of the board shall be currently licensed physicians of good professional standing who have had at least seven (7) years' experience in the practice of medicine in this state. Three (3) members shall be appointed by the Governor, one (1) member shall be appointed by the Lieutenant Governor, and one (1) member shall be appointed by the Attorney General, in the manner provided in paragraph (d) of this subsection (1).
(b) Six (6) members of the board shall be individuals who have a background in public health or an interest in public health who are not currently or formerly licensed physicians. Four (4) of those members shall be appointed by the Governor, one (1) of those members shall be appointed by the Lieutenant Governor, and one (1) of those members shall be appointed by the Attorney General, in the manner provided in paragraph (d) of this subsection (1).
(c) The Governor, Lieutenant Governor and Attorney General shall give due regard to geographic distribution, race and gender in making their appointments to the board. It is the intent of the Legislature that the membership of the board reflect the population of the State of Mississippi. Of the Governor's appointments, one (1) member of the board shall be appointed from each of the four (4) congressional districts as constituted on June 30, 2007, and one (1) member of the board shall be appointed from each of the three (3) Supreme Court districts as constituted on June 30, 2007. Of the Lieutenant Governor's appointments, one (1) member of the board shall be appointed from the First Congressional District and one (1) member of the board shall be appointed from the Fourth Congressional District as constituted on June 30, 2007. Of the Attorney General's appointments, one (1) member of the board shall be appointed from the Second Congressional District and one (1) member of the board shall be appointed from the Third Congressional District as constituted on June 30, 2007.
(d) The initial members of the board shall be appointed for staggered terms, as follows: Of the Governor's appointments, two (2) members shall be appointed for terms that end on June 30, 2009; two (2) members shall be appointed for terms that end on June 30, 2011; and three (3) members shall be appointed for terms that end on June 30, 2013. Of the Lieutenant Governor's appointments, one (1) member shall be appointed for a term that ends on June 30, 2009; and one (1) member shall be appointed for a term that ends on June 30, 2013. Of the Attorney General's appointments, one (1) member shall be appointed for a term that ends on June 30, 2009; and one (1) member shall be appointed for a term that ends on June 30, 2011.
A member of the board serving before January 1, 2007, shall be eligible for reappointment to the reconstituted board unless the person is disqualified under subsection (4) of this section.
(2) At the expiration of the terms of the initial members, all members of the board shall be appointed by the Governor, in the same manner and from the same districts prescribed in subsection (1) of this section, for terms of six (6) years from the expiration of the previous term and thereafter until his or her successor is duly appointed. Vacancies in office shall be filled by appointment in the same manner as the appointment to the position that becomes vacant, subject to the advice and consent of the Senate at the next regular session of the Legislature. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term and thereafter until his or her successor is duly appointed.
(3) The Lieutenant Governor may designate one (1) Senator and the Speaker of the House of Representatives may designate one (1) Representative to attend any meeting of the State Board of Health. The appointing authorities may designate alternate members from their respective houses to serve when the regular designees are unable to attend the meetings of the board. Those legislative designees shall have no jurisdiction or vote on any matter within the jurisdiction of the board. For attending meetings of the board, the legislators shall receive per diem and expenses, which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem and expenses for attending meetings of the board will be paid while the Legislature is in session. No per diem and expenses will be paid except for attending meetings of the board without prior approval of the proper committee in their respective houses.
(4) * * *
The State Board of Health Advisors shall advise the executive director of
the Department of Health, under the policy direction of the Governor, regarding
any regulation or matter relating to the delivery of public health services in
the State of Mississippi.
* * *
SECTION 11. Section 41-3-3, Mississippi Code of 1972, is amended as follows:
41-3-3. Each person appointed as a member of the State Board of Health Advisors shall immediately take the oath prescribed by Section 268 of the Constitution and file a certificate thereof in the Office of the Secretary of State. Thereupon a commission shall be issued to him under the terms as specified in Section 41-3-1.
SECTION 12. Section 41-3-4, Mississippi Code of 1972, is amended as follows:
41-3-4. (1) There shall be a Chairman and Vice Chairman of the State Board of Health Advisors elected by and from its membership at the first meeting of the board; and the chairman shall be the presiding officer of the board. The chairman shall always be a physician member of the board. The board shall adopt rules and regulations governing times and places for meetings, and governing the manner of conducting its business. The board shall meet not less frequently than once each quarter, and at such other times as determined to be necessary. The term of office of any member who does not attend three (3) consecutive regular meetings of the board shall be automatically terminated, and the position shall be considered as vacant, except in cases of the serious illness of a board member or of his or her immediate family member. All meetings of the board shall be called by the chairman or by a majority of the members of the board, except the first meeting of the initial members of the reconstituted board, which shall be called by the Governor.
(2) The members of the board shall receive no annual salary but shall receive per diem compensation as is authorized by law for each day devoted to the discharge of official board duties and shall be entitled to reimbursement for all actual and necessary expenses incurred in the discharge of their duties, including mileage as authorized by Section 25-3-41.
SECTION 13. Section 41-3-5.1, Mississippi Code of 1972, is amended as follows:
41-3-5.1. The State
Department of Health, under the policy direction of the Governor, shall
be headed by an Executive Officer who shall be appointed by the * * * Governor, with the
advice and consent of the Senate, who shall serve at the will and pleasure of
the Governor. The Executive Officer shall be either a physician who has
earned a graduate degree in public health or health care administration, or a
physician who in the opinion of the * * * Governor is fitted and equipped to
execute the duties incumbent upon him or her by law. The Executive Officer
shall not engage in the private practice of medicine. * * *
The Executive Officer shall be the State Health Officer with such authority and
responsibility as is prescribed by law.
SECTION 14. Section 41-3-6, Mississippi Code of 1972, is amended as follows:
41-3-6. It shall be the duty of the State Board of Health Advisors to review the statutes of the State of Mississippi affecting public health and submit at least thirty (30) days prior to each regular session of the Legislature any proposed legislation as may be necessary to enhance the effective and efficient delivery of public health services and to bring existing statutes into compliance with modern technology and terminology. The board shall formulate a plan for consolidating and reorganizing existing state agencies having responsibilities in the field of public health to eliminate any needless duplication in services which may be found to exist. In carrying out the provisions of this section, the State Board of Health Advisors shall cooperate with and may utilize the services, facilities and personnel of any department or agency of the state, any private citizen task force and the committees on public health of both houses of the Legislature. The State Board of Health Advisors is authorized to apply for and expend funds made available to it by grant from any source in order to perform its responsibilities under this section.
SECTION 15. Section 41-3-15, Mississippi Code of 1972, is amended as follows:
41-3-15. (1) (a) There shall be a State Department of Health, under the policy direction of the Governor.
(b) The * * * Department of Health shall
have the following powers and duties:
(i) To formulate the policy of the State Department of Health with the advice of the Board of Health Advisors regarding public health matters within the jurisdiction of the department;
(ii) To adopt, modify, repeal and promulgate, after due notice and hearing, and enforce rules and regulations implementing or effectuating the powers and duties of the department with the advice of the Board of Health Advisors under any and all statutes within the department's jurisdiction, and as the board may deem necessary;
(iii) To apply for, receive, accept and expend any federal or state funds or contributions, gifts, trusts, devises, bequests, grants, endowments or funds from any other source or transfers of property of any kind;
(iv) To enter into, and to authorize the executive officer to execute contracts, grants and cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the provisions of this chapter, if it finds those actions to be in the public interest and the contracts or agreements do not have a financial cost that exceeds the amounts appropriated for those purposes by the Legislature;
(v) To appoint, upon recommendation of the Executive Officer of the State Department of Health, a Director of Internal Audit who shall be either a Certified Public Accountant or Certified Internal Auditor, and whose employment shall be continued at the discretion of the board, and who shall report directly to the board, or its designee; and
(vi) To discharge such other duties, responsibilities and powers as are necessary to implement the provisions of this chapter.
(c) The Executive Officer of the State Department of Health, under the policy direction of the Governor, shall have the following powers and duties:
(i) To administer
the policies of the * * * Department
of Health;
(ii) To supervise
and direct all administrative and technical activities of the department,
except that the department's internal auditor shall be subject to the sole
supervision and direction of the * * * Governor;
(iii) To organize
the administrative units of the department * * *, alter the organizational plan, and
reassign responsibilities as he or she may deem necessary to carry out the
policies of the * * *
department;
(iv) To coordinate the activities of the various offices of the department;
(v) To employ, subject to regulations of the State Personnel Board, qualified professional personnel in the subject matter or fields of each office, and such other technical and clerical staff as may be required for the operation of the department. The executive officer shall be the appointing authority for the department, and shall have the power to delegate the authority to appoint or dismiss employees to appropriate subordinates, subject to the rules and regulations of the State Personnel Board;
(vi) To recommend * * * such studies and investigations as
he or she may deem appropriate, and to carry out the approved recommendations
in conjunction with the various offices;
(vii) To prepare
and deliver to the Legislature and the Governor on or before January 1 of each
year, and at such other times as may be required by the Legislature or
Governor, a full report of the work of the department and the offices thereof,
including a detailed statement of expenditures of the department * * *;
(viii) To prepare and deliver to the Chairmen of the Public Health and Welfare/Human Services Committees of the Senate and House on or before January 1 of each year, a plan for monitoring infant mortality in Mississippi and a full report of the work of the department on reducing Mississippi's infant mortality and morbidity rates and improving the status of maternal and infant health; and
(ix) To enter into
contracts, grants and cooperative agreements with any federal or state agency
or subdivision thereof, or any public or private institution located inside or
outside the State of Mississippi, or any person, corporation or association in
connection with carrying out the provisions of this chapter, if he or she finds
those actions to be in the public interest and the contracts or agreements do
not have a financial cost that exceeds the amounts appropriated for those purposes
by the Legislature. * * *
(2) The * * * Department of Health shall
have the authority to establish an Office of Rural Health within the
department. The duties and responsibilities of this office shall include the
following:
(a) To collect and evaluate data on rural health conditions and needs;
(b) To engage in policy analysis, policy development and economic impact studies with regard to rural health issues;
(c) To develop and implement plans and provide technical assistance to enable community health systems to respond to various changes in their circumstances;
(d) To plan and assist in professional recruitment and retention of medical professionals and assistants; and
(e) To establish information clearinghouses to improve access to and sharing of rural health care information.
(3) The * * * Department of Health shall
have general supervision of the health interests of the people of the state and
to exercise the rights, powers and duties of those acts which it is authorized
by law to enforce.
(4) The * * * Department of Health shall
have authority:
(a) To make investigations and inquiries with respect to the causes of disease and death, and to investigate the effect of environment, including conditions of employment and other conditions that may affect health, and to make such other investigations as it may deem necessary for the preservation and improvement of health.
(b) To make such sanitary investigations as it may, from time to time, deem necessary for the protection and improvement of health and to investigate nuisance questions that affect the security of life and health within the state.
(c) To direct and control sanitary and quarantine measures for dealing with all diseases within the state possible to suppress same and prevent their spread.
(d) To obtain, collect and preserve such information relative to mortality, morbidity, disease and health as may be useful in the discharge of its duties or may contribute to the prevention of disease or the promotion of health in this state.
(e) To charge and
collect reasonable fees for health services, including immunizations,
inspections and related activities, and the board shall charge fees for those
services; however, if it is determined that a person receiving services is
unable to pay the total fee, the * * * department shall collect any
amount that the person is able to pay. Any increase in the fees charged by the * * * department under this paragraph
shall be in accordance with the provisions of Section 41-3-65.
(f) (i) To establish standards for, issue permits and exercise control over, any cafes, restaurants, food or drink stands, sandwich manufacturing establishments, and all other establishments, other than churches, church-related and private schools, and other nonprofit or charitable organizations, where food or drink is regularly prepared, handled and served for pay; and
(ii) To require
that a permit be obtained from the Department of Health before those persons
begin operation. If any such person fails to obtain the permit required in
this subparagraph (ii), the * * * Department of Health, after
due notice and opportunity for a hearing, may impose a monetary penalty not to
exceed One Thousand Dollars ($1,000.00) for each violation. However, the
department is not authorized to impose a monetary penalty against any person
whose gross annual prepared food sales are less than Five Thousand Dollars
($5,000.00). Money collected by the * * * department under this subparagraph
(ii) shall be deposited to the credit of the State General Fund of the State
Treasury.
(g) To promulgate rules and regulations and exercise control over the production and sale of milk pursuant to the provisions of Sections 75-31-41 through 75-31-49.
(h) On presentation of proper authority, to enter into and inspect any public place or building where the State Health Officer or his representative deems it necessary and proper to enter for the discovery and suppression of disease and for the enforcement of any health or sanitary laws and regulations in the state.
(i) To conduct
investigations, inquiries and hearings, and to issue subpoenas for the
attendance of witnesses and the production of books and records at any hearing
when authorized and required by statute to be conducted by the State Health
Officer * * *.
(j) To promulgate rules and regulations, and to collect data and information, on (i) the delivery of services through the practice of telemedicine; and (ii) the use of electronic records for the delivery of telemedicine services.
(k) To enforce and regulate domestic and imported fish as authorized under Section 69-7-601 et seq.
(5) (a) The * * * Department of Health,
under the policy direction of the Governor, shall have the authority, in
its discretion, to establish programs to promote the public health, to be
administered by the State Department of Health. Specifically, those programs
may include, but shall not be limited to, programs in the following areas:
(i) Maternal and child health;
(ii) Family planning;
(iii) Pediatric services;
(iv) Services to crippled and disabled children;
(v) Control of communicable and noncommunicable disease;
(vi) Chronic disease;
(vii) Accidental deaths and injuries;
(viii) Child care licensure;
(ix) Radiological health;
(x) Dental health;
(xi) Milk sanitation;
(xii) Occupational safety and health;
(xiii) Food, vector control and general sanitation;
(xiv) Protection of drinking water;
(xv) Sanitation in food handling establishments open to the public;
(xvi) Registration of births and deaths and other vital events;
(xvii) Such public
health programs and services as may be assigned to the * * * Department of Health by the
Legislature or by executive order; and
(xviii) Regulation of domestic and imported fish for human consumption.
(b) The * * * State Department of
Health shall not be authorized to sell, transfer, alienate or otherwise dispose
of any of the home health agencies owned and operated by the department on
January 1, 1995, and shall not be authorized to sell, transfer, assign,
alienate or otherwise dispose of the license of any of those home health
agencies, except upon the specific authorization of the Legislature by an
amendment to this section. However, this paragraph (b) shall not prevent the * * * department from closing or
terminating the operation of any home health agency owned and operated by the
department, or closing or terminating any office, branch office or clinic of
any such home health agency, or otherwise discontinuing the providing of home
health services through any such home health agency, office, branch office or
clinic, if the * * *
department first demonstrates that there are other providers of home
health services in the area being served by the department's home health
agency, office, branch office or clinic that will be able to provide adequate
home health services to the residents of the area if the department's home
health agency, office, branch office or clinic is closed or otherwise
discontinues the providing of home health services. * * *
(c) The State Department of Health may undertake such technical programs and activities as may be required for the support and operation of those programs, including maintaining physical, chemical, bacteriological and radiological laboratories, and may make such diagnostic tests for diseases and tests for the evaluation of health hazards as may be deemed necessary for the protection of the people of the state.
(6) (a) The * * * Department of Health shall
administer the local governments and rural water systems improvements loan
program in accordance with the provisions of Section 41-3-16.
(b) The * * * Department of Health shall
have authority:
(i) To enter into capitalization grant agreements with the United States Environmental Protection Agency, or any successor agency thereto;
(ii) To accept capitalization grant awards made under the federal Safe Drinking Water Act, as amended;
(iii) To provide annual reports and audits to the United States Environmental Protection Agency, as may be required by federal capitalization grant agreements; and
(iv) To establish
and collect fees to defray the reasonable costs of administering the revolving
fund or emergency fund if the * * * Department of Health
determines that those costs will exceed the limitations established in the
federal Safe Drinking Water Act, as amended. The administration fees may be
included in loan amounts to loan recipients for the purpose of facilitating
payment to the * * *
department; however, those fees may not exceed five percent (5%) of the
loan amount.
(7) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The department shall issue a license to Alexander Milne Home for Women, Inc., a 501(c)(3) nonprofit corporation, for the construction, conversion, expansion and operation of not more than forty-five (45) beds for developmentally disabled adults who have been displaced from New Orleans, Louisiana, with the beds to be located in a certified ICF-MR facility in the City of Laurel, Mississippi. There shall be no prohibition or restrictions on participation in the Medicaid program for the person receiving the license under this subsection (7). The license described in this subsection shall expire five (5) years from the date of its issue. The license authorized by this subsection shall be issued upon the initial payment by the licensee of an application fee of Sixty-seven Thousand Dollars ($67,000.00) and a monthly fee of Sixty-seven Thousand Dollars ($67,000.00) after the issuance of the license, to be paid as long as the licensee continues to operate. The initial and monthly licensing fees shall be deposited by the State Department of Health into the special fund created under Section 41-7-188.
(8) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The State Department of Health is authorized to issue a license to an existing home health agency for the transfer of a county from that agency to another existing home health agency, and to charge a fee for reviewing and making a determination on the application for such transfer not to exceed one-half (1/2) of the authorized fee assessed for the original application for the home health agency, with the revenue to be deposited by the State Department of Health into the special fund created under Section 41-7-188.
(9) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: For the period beginning July 1, 2010, through July 1, 2017, the State Department of Health is authorized and empowered to assess a fee in addition to the fee prescribed in Section 41-7-188 for reviewing applications for certificates of need in an amount not to exceed twenty-five one-hundredths of one percent (.25 of 1%) of the amount of a proposed capital expenditure, but shall be not less than Two Hundred Fifty Dollars ($250.00) regardless of the amount of the proposed capital expenditure, and the maximum additional fee permitted shall not exceed Fifty Thousand Dollars ($50,000.00). Provided that the total assessments of fees for certificate of need applications under Section 41-7-188 and this section shall not exceed the actual cost of operating the certificate of need program.
(10) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The State Department of Health is authorized to extend and renew any certificate of need that has expired, and to charge a fee for reviewing and making a determination on the application for such action not to exceed one-half (1/2) of the authorized fee assessed for the original application for the certificate of need, with the revenue to be deposited by the State Department of Health into the special fund created under Section 41-7-188.
(11) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The State Department of Health is authorized and empowered, to revoke, immediately, the license and require closure of any institution for the aged or infirm, including any other remedy less than closure to protect the health and safety of the residents of said institution or the health and safety of the general public.
(12) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The State Department of Health is authorized and empowered, to require the temporary detainment of individuals for disease control purposes based upon violation of any order of the State Health Officer, as provided in Section 41-23-5. For the purpose of enforcing such orders of the State Health Officer, persons employed by the department as investigators shall have general arrest powers. All law enforcement officers are authorized and directed to assist in the enforcement of such orders of the State Health Officer.
SECTION 16. Section 41-3-17, Mississippi Code of 1972, is amended as follows:
41-3-17. The * * * Department of Health,
under the policy direction of the Governor, is authorized to make and
publish all reasonable rules and regulations necessary to enable it to
discharge its duties and powers and to carry out the purposes and objectives of
its creation. It is further authorized to make reasonable sanitary rules and
regulations, to be enforced in the several counties by the county health
officer under the supervision and control of the * * * department. The * * * department shall
not make or enforce any rule or regulation that prohibits consumers from
providing their own containers for the purpose of purchasing or accepting water
from any vending machine or device which filters or treats water that has
already been tested and determined to meet or exceed the minimum health
protection standards prescribed for drinking water under the Mississippi Safe
Drinking Water Law, if that vending machine or device meets or exceeds United
States Environmental Protection Agency or national automatic merchandising
standards.
SECTION 17. Section 41-3-18, Mississippi Code of 1972, is amended as follows:
41-3-18. (1) The * * * Department of Health shall assess
fees in the following amounts and for the following purposes:
(a) Food establishment annual permit fee, based on the assessment factors of the establishment as follows:
Assessment Category 1................................... $ 30.00
Assessment Category 2................................... 100.00
Assessment Category 3................................... 150.00
Assessment Category 4................................... 200.00
(b) Private water supply approval fee........ $ 10.00
The * * * department may develop such
reasonable standards, rules and regulations to clearly define each assessment
category. Assessment categories shall be based upon the factors to the public
health implications of the category and type of food preparation being utilized
by the food establishment, utilizing the model Food Code of 1995, or as may be
amended by the federal Food and Drug Administration.
Any increase in the fees
charged by the * * *
department under this subsection shall be in accordance with the
provisions of Section 41-3-65.
(2) The fee authorized under subsection (1)(a) of this section shall not be assessed for:
(a) Food establishments operated by public schools, public junior and community colleges, or state agencies or institutions, including, without limitation, the state institutions of higher learning and the State Penitentiary; and
(b) Persons who make
infrequent casual sales of honey and who pack or sell less than five hundred
(500) gallons of honey per year, and those persons shall not be inspected by
the * * * department unless requested by the producer.
(3) The fee authorized under subsection (1)(b) of this section shall not be assessed for private water supplies used by foster homes licensed by the Department of Human Services.
SECTION 18. Section 41-3-19, Mississippi Code of 1972, is amended as follows:
41-3-19. It is the duty of
the * * *
Department of Health to make a report, in writing, to the Governor, on
or before the first day of December next preceding each session, not an
extraordinary session of the Legislature, upon the sanitary condition,
prospect, and needs of the state, setting forth the action of said board, of
its officers and agents, the names thereof, and all its expenditures since the
last preceding report, and such other matters as it may deem proper for the
promotion of health or the prevention of disease. The report shall be laid before
the Legislature by the Governor at its ensuing term.
SECTION 19. Section 41-3-20, Mississippi Code of 1972, is amended as follows:
41-3-20. Sections 41-3-1.1,
41-3-3, 41-3-4, 41-3-5.1, 41-3-6, 41-3-15, 41-3-16, 41-3-17, 41-3-18 and 41-3-19,
which create the reconstituted State Board of Health Advisors, establish
the position of Executive Officer of the State Department of Health and
establish the State Department of Health, under the policy direction of the
Governor, and prescribe its powers and duties, shall stand repealed on July
1, * * * 2021.
SECTION 20. Section 41-3-21, Mississippi Code of 1972, is amended as follows:
41-3-21. (1) There is * * * established the Mississippi Public
Health Laboratory in the Mississippi State Department of Health.
(2) The Mississippi Public Health Laboratory shall have the following powers and duties:
(a) To perform such laboratory tests and procedures as shall be determined beneficial to the health of the people of Mississippi;
(b) To apply for and maintain any and all necessary federal or other certifications and/or licenses for the performance of its duties, unless such authority shall be otherwise assigned by official action of the State Board of Health;
(c) The Mississippi
Public Health Laboratory shall be under the management of a director, who shall
be appointed by the State Health Officer. The responsibility for the
laboratory shall be vested in the director. The director shall be the
administrative officer of the Mississippi Public Health Laboratory and shall
perform the duties as may be assigned to him or her by the * * * Department of Health. The
director shall receive compensation as may be fixed by the * * * Department of Health,
subject to the approval of the State Personnel Board. The State Health Officer
may employ such other persons as may be necessary to carry out the provisions
of this section. The compensation and the terms and conditions of their
employment shall be determined by the * * * executive director of
the Department of Health in accordance with applicable state law and rules
and regulations of the State Personnel Board.
SECTION 21. Section 41-3-51, Mississippi Code of 1972, is amended as follows:
41-3-51. The director
appointed pursuant to Section 41-3-43 of any county or district shall keep an
accurate record of all activities of the Department of Health of the county or
district which he serves for use of the public and for information to the * * * Department of Health, and
such reports as required by the * * * department shall
be made to it. All officers and employees of the county or district department
of health shall be subject to the jurisdiction and regulations of the * * * Department of Health or its
Executive * * *
Director.
SECTION 22. Section 41-3-53, Mississippi Code of 1972, is amended as follows:
41-3-53. The board of
supervisors shall be authorized to make such appropriations for the Department
of Health as may be necessary to pay the salary of the director, and the
salaries of all necessary sanitary inspectors, nurses, and such other employees
as may be employed for carrying on the work. The board shall be authorized to
pay all necessary traveling expenses of said employees in the performance of
their duties. The board shall be authorized to pay for all necessary medicine,
materials and supplies. The board shall provide an office for its health
department, and furnish said office, and its employees, with all necessary
record books, stationery, stamps, tables, chairs, furniture and all other
necessary articles. The board is also authorized to do any and all things
necessary and proper to maintain and support a health department. Where two
(2) or more counties shall unite in having a Department of Health, the amount
contributed by each for maintaining and supporting the work shall be agreed
upon by the respective counties, subject to the approval of the * * * Department of Health, or
its executive * * *
director, and all salaries to be paid shall be recommended by the * * * Department of Health, or
its executive * * * director to the board of supervisors of the county
or counties for which the officers or employees are to act. All employees
shall be recommended by the * * * Department of Health,
under the policy direction of the Governor, or its Executive * * * Director, and all salaries
shall be recommended in the same way.
SECTION 23. (1) On July 1, 2017, the Mississippi Department of Rehabilitation Services shall be under the policy direction of the Governor and shall retain all powers and duties as granted to the former State Department of Rehabilitation Services or the State Board of Rehabilitation Services. Wherever the term "State Department of Rehabilitation Services" or "State Board for Rehabilitation Services" appears in any law or regulation, the same shall mean the Department of Rehabilitation Services, under the policy direction of the Governor.
(2) The executive director of the Department of Rehabilitation Services may assign to the appropriate offices such powers and duties deemed appropriate to carry out the lawful functions of the department. The executive director of the Department of Rehabilitation Services shall be authorized to combine or abolish employee positions as necessary to carry out the provisions of this act, and the executive director is authorized to reorganize such offices, services, programs or other activities so as to achieve economy and efficiency and if he or she finds such action to be in the public interest.
SECTION 24. Section 37-33-151, Mississippi Code of 1972, is amended as follows:
37-33-151. The following terms shall have the meanings ascribed herein, unless the context shall otherwise require:
(a) * * * [Deleted]
(b) "Executive director" means the executive director of the State Department of Rehabilitation Services, under the policy direction of the Governor.
(c) "Department" means the State Department of Rehabilitation Services, under the policy direction of the Governor.
* * *
( * * *d) "Office" means an
administrative subdivision of the department.
SECTION 25. Section 37-33-153, Mississippi Code of 1972, is amended as follows:
37-33-153. In order to provide for rehabilitation, habilitation and other services to eligible individuals with disabilities, their families and the community, there is created the State Department of Rehabilitation Services, under the policy direction of the Governor. The department shall be composed of the following offices:
(a) The Office of Vocational Rehabilitation;
(b) The Office of Disability Determination Services;
(c) The Office of Special Disability Programs; and
(d) The Office of Vocational Rehabilitation for the Blind.
SECTION 26. Section 37-33-155, Mississippi Code of 1972, is amended as follows:
37-33-155. (1) There is
created the State Advisory Board * * * for Rehabilitation Services, which
shall consist of two (2) appointed members and the following five (5)
officials: the Executive Officer of the State Department of Health; the executive
director of the State Department of Mental Health; the State Superintendent of
Public Education, or his designee; the Director of the Division of Vocational
and Technical Education of the State Department of Education; and the executive
director of the Department of Human Services.
Of the two (2) appointed members, one (1) shall be either an individual who is a client of vocational rehabilitation services or a parent of an individual who is a client of vocational rehabilitation services, and the other shall be either an individual who is visually impaired or a parent of an individual who is visually impaired. The appointed members shall be appointed by the Governor from the state at large, with one (1) appointed for a term to expire on July 1, 1994, and the other appointed for a term to expire on July 1, 1996. Upon the expiration of the initial terms, the members shall be appointed for terms of five (5) years from the expiration date of the previous term. All original and subsequent appointments shall be with the advice and consent of the Senate. An appointment to fill a vacancy, other than by expiration of a term of office, shall be made for the balance of the unexpired term. No board appointee shall be an employee or elected official of the State of Mississippi or a political subdivision thereof, or an employee of the former State Department of Rehabilitation Services before July 1, 1989, or an employee of the Division of Rehabilitation Services of the Department of Human Services or any subordinate administrative unit of the division before July 1, 1991, or an employee of the State Department of Rehabilitation Services after June 30, 1991.
(2) The Advisory Board shall elect a chairperson from its membership at the first meeting of the original board members and every two (2) years thereafter on July 15 of the year. A majority of the membership of the board shall constitute a quorum for the transaction of any business, and the board shall meet at least quarterly and hold other meetings as are necessary for the purpose of conducting required business. All meetings of the board shall be called by the chairperson, except the first meeting of the original board members, which shall be called by the Governor.
(3) The appointed members of the board shall be compensated at a per diem rate as authorized by Section 25-3-69, plus actual and necessary expenses as authorized by Section 25-3-41. Members of the board appointed before July 1, 1991, shall be paid compensation and expenses under this subsection from funds available to the Division of Rehabilitation Services of the Department of Human Services.
(4) The Advisory Board shall advise the executive director of the Department of Rehabilitation Services, under the policy direction of the Governor, regarding any regulation or matter relating to the delivery of rehabilitation or disability services in the State of Mississippi.
SECTION 27. Section 37-33-157, Mississippi Code of 1972, is amended as follows:
37-33-157. The Department
of Rehabilitation Services, under the policy direction of the Governor,
shall provide the rehabilitation services authorized by law and by the rules,
regulations and policies of the * * * department to every individual
determined to be eligible therefor, and in carrying out the purposes of this
chapter the department is authorized, when consistent with * * * its rules, regulations and policies * * *:
(a) To expend funds received either by appropriation or directly from federal or private sources.
(b) To cooperate with other departments, agencies and institutions, both public and private, in providing the services authorized by this chapter to disabled individuals, in studying the problems involved therein, and in establishing, developing and providing in conformity with the purposes of this chapter, such programs, facilities and services as may be necessary or desirable.
(c) To enter into reciprocal agreements with other states to provide for the services authorized by this chapter to residents of the states concerned.
(d) To conduct research and compile statistics relating to the provision of services to or the need of services by disabled individuals.
(e) To enter into contractual arrangements with the federal government and with other authorized public agencies or persons for performance of services related to rehabilitation.
(f) To contract with schools, hospitals and other agencies, and with doctors, optometrists, nurses, technicians and other persons, for training, physical restoration, transportation and other rehabilitation services.
(g) To take such action as may be necessary to enable the department to apply for, accept and receive for the state and its residents the full benefits available under the federal Vocational Rehabilitation Act, and any amendments thereto, and under any other federal legislation or program having as its purpose the providing of, improvement or extension of, vocational rehabilitation services.
(h) To establish an Office on the Deaf and Hard of Hearing to provide services and activities authorized under Section 37-33-171.
(i) To own in the name of the State of Mississippi certain real property described in Section 7 of Chapter 512, Laws of 2005, and to construct, renovate or repair under the supervision of the Department of Finance and Administration any buildings on such property.
(j) To borrow money from the Mississippi Development Bank or other financial institution for the purpose of construction, repair and renovation, furnishing or equipping facilities owned or under the supervision of the department; however, the department shall certify the following to the Mississippi Development Bank or other financial institution prior to entering into any loan:
(i) The available revenue that the department intends to utilize to repay the loan; and
(ii) That the department does not intend to request an additional appropriation from state source funding to pay debt service on any loan entered into under this paragraph.
(k) To fingerprint and perform a current criminal history record check, child abuse registry check, sex offender registry check, and vulnerable adult abuse or neglect check on any person performing services for or on behalf of the department including, but not limited to, every employee, volunteer, contractual worker, and independent contractor.
(l) To use the results of the fingerprinting and background checks performed under paragraph (k) for the purposes of employment decisions and/or actions and service provision to consumers of the department's services. The department and its agents, officers, employees, attorneys and representatives shall be exempt from liability for any findings, recommendations or actions taken under this paragraph.
SECTION 28. Section 37-33-159, Mississippi Code of 1972, is amended as follows:
37-33-159. The * * * Governor
shall appoint an executive director of the State Department of Rehabilitation
Services, with the advice and consent of the Senate, in accordance with
standards established by the State Personnel Board and on the basis of his
education, training, experience and demonstrated ability. The executive
director * * * of the
Department of Rehabilitation Services shall serve at the will and pleasure
of the * * *
Governor. The salary of the executive director shall be set by the * * * Governor, subject to the approval
of the State Personnel Board, and shall be provided for out of any funds made
available for such purpose by the Legislature, the federal government or other
gifts or grants. The executive director of the Department of Rehabilitation
Services shall be responsible * * * for the proper administration of
the programs of rehabilitation provided under this chapter in conformity with
the policies * * * of the department and shall be responsible for
appointing directors of offices and any necessary supervisors, assistants and
employees. The salary and compensation of such employees shall be subject to
the rules and regulations adopted and promulgated by the State Personnel Board
as created under Section 25-9-101 et seq.
SECTION 29. Section 37-33-161, Mississippi Code of 1972, is amended as follows:
37-33-161. In carrying out his duties under this chapter, the executive director of the State Department of Rehabilitation Services:
(a) Shall * * * promulgate
regulations governing personnel standards, the protection of records and
confidential information, the manner and form of filing applications,
eligibility and investigation and determination therefor, for vocational
rehabilitation and other rehabilitation services, procedures for fair hearings
and such other regulations as he finds necessary to carry out the purposes of
this chapter and in conformity with federal law;
(b) Shall * * * establish
appropriate subordinate administrative units within the department;
(c) Shall prepare and
submit to * * * the Legislature annual reports of activities and expenditures
and, before each regular session of the Legislature, coordinate budget requests
required for carrying out this chapter and estimates of the amounts to be made
available for this purpose from all sources;
(d) Shall be empowered to exercise executive and administrative supervision over all institutions, offices, programs and services now existing or hereafter acquired or created under the jurisdiction of the department;
(e) Shall make certification for disbursement, in accordance with regulations, of funds available, for implementing the purposes of this chapter;
(f) Shall * * * take such
other action as he deems necessary or appropriate to effectuate the purposes of
this chapter;
(g) May * * * delegate to
any officer or employee of the department such of his powers and duties as he
finds necessary to effectuate the purposes of this chapter.
SECTION 30. Section 37-33-163, Mississippi Code of 1972, is amended as follows:
37-33-163. The Office of Disability Determination Services established by Section 37-33-153 shall be administered by a director appointed by the executive director of the State Department of Rehabilitation Services, under the policy direction of the Governor. The director shall devote his full time to the proper administration of the office. In carrying out his duties under this chapter, the director:
(a) Shall enter into agreements on behalf of the State Department of Rehabilitation Services and the State of Mississippi with the federal Social Security Administration or its successor in order to implement the provisions of the federal Social Security Act relating to the determination of disabilities under Title II and Title XVI, and shall enter into contracts necessary to provide such disability determination functions as allowed under applicable federal regulation;
(b) Shall, with the approval of the executive director, make regulations governing Mississippi applications for disability benefits under Title II and Title XVI of the federal Social Security Act, and make such other regulations as are found necessary to implement the functions of the office prescribed under this chapter;
(c) Shall, with the approval of the executive director, establish appropriate subordinate administrative units within the office;
(d) Shall, with the approval of the executive director, be responsible for appointing supervisors, assistants, physicians, and other employees or entering into purchase of service contracts, as are necessary for the efficient performance of the functions of the office, subject to the rules and regulations adopted and promulgated by the State Personnel Board as created under Section 25-9-101 et seq.;
(e) Shall prepare and
submit to * * * the executive director annual reports of activities and
expenditures, and estimates of the amounts to be made available to the office
from all sources; and
(f) Shall, with the
approval of the executive director * * *, take such other action as he
deems necessary or appropriate to implement the functions of the office.
SECTION 31. Section 37-33-201, Mississippi Code of 1972, is amended as follows:
37-33-201. All powers,
duties and functions * * *
that are being exercised or performed by the Division of Rehabilitation Services
and the Division of Vocational Rehabilitation for the Blind of the Department
of Human Services on June 30, 1991, and by the former State Department of
Rehabilitation Services on July 30, 2017, are transferred to the State
Department of Rehabilitation Services * * *,
under the policy direction of the Governor, on July 1, * * * 2017. All records, property and
contractual rights and obligations of, and unexpended balances of
appropriations and any other allocations to, the Department of Human Services
and the Board of Human Services that relate to the powers, duties and functions
exercised or performed by the Division of Rehabilitation Services and the
Division of Vocational Rehabilitation for the Blind of the Department of Human
Services or by the former State Department of Rehabilitation Services on
June 30, * * *
2017, shall be transferred to the State Department of Rehabilitation
Services * * *, under the policy direction of
the Governor, on or before July 1, * * * 2017. * * * Any positions
of the former State Department of Rehabilitation Services and the former
Rehabilitation Agency for the Blind that were transferred to the Department of
Human Services * * * before June 30, 2017, whose duties primarily
involved the providing of rehabilitation services or the providing of related
administrative or support services shall be transferred to the State Department
of Rehabilitation Services, under the policy direction of the Governor,
on July 1, * * *
2017, at a level commensurate with the level of each respective position
on June 30, * * *
2017. The former Department of * * *
Rehabilitation Services shall assist the State Department of
Rehabilitation Services, under the policy direction of the Governor,
with the greatest degree of cooperation to carry out the intent and purpose of
this act * * * to accomplish an orderly transition. * * *
SECTION 32. Section 37-33-205, Mississippi Code of 1972, is amended as follows:
37-33-205.
(a) "Department" or "agency" means the State Department of
Rehabilitation Services * * *;, under the policy direction of the Governor.
* * *
( * * *b) "Executive director"
means the executive director of the State Department of Rehabilitation Services * * *.
( * * *c) "Independent living
services" includes, but is not limited to, the following services in
accordance with definitions in the most current amendment of the Rehabilitation
Act: (i) information and referral services, independent living skills
training, peer counseling including cross-disability peer counseling, and
individual and systems advocacy; (ii) counseling services, including psychological,
psychotherapeutic and related services; (iii) services related to securing
housing or shelter, including services related to community group living, and
supportive of the purposes of the Rehabilitation Act and of the titles of the
Rehabilitation Act, and adaptive housing services (including appropriate
accommodations to and modifications of any space used to serve, or occupied by,
individuals with disabilities); (iv) rehabilitation technology; (v) mobility
training; (vi) services and training for individuals with cognitive and sensory
disabilities, including life skills training, and interpreter and reader
services; (vii) personal assistance services, including attendant care and the
training of personnel providing such services; (viii) surveys, directories, and
other activities to identify appropriate housing, recreation opportunities, and
accessible transportation and other support services; (ix) consumer information
programs on rehabilitation and independent living services available under the
Rehabilitation Act, especially for minorities and other individuals with
disabilities who have traditionally been unserved or underserved by programs
under the Rehabilitation Act; (x) education and training necessary for living
in a community and participating in community activities; (xi) supported
living; (xii) transportation, including referral and assistance for that
transportation and training in the use of public transportation vehicles and
systems; (xiii) physical rehabilitation; (xiv) therapeutic treatment; (xv)
provision of needed prostheses and other appliances and devices; (xvi)
individual and group social and recreational services; (xvii) training to
develop skills specifically designed for youths who are individuals with
disabilities to promote self-awareness and esteem, develop advocacy and self-empowerment
skills, and explore career options; (xviii) services for children; (xix)
services under other federal, state or local programs designed to provide
resources, training, counseling or other assistance, of substantial benefit in
enhancing the independence, productivity and quality of life of individuals
with disabilities; (xx) appropriate preventive services to decrease the need of
individuals assisted under the Rehabilitation Act for similar services in the
future; (xxi) community awareness programs to enhance the understanding and
integration into society of individuals with disabilities; and (xxii) such
other services as may be necessary and not inconsistent with the provisions of
the most current amendment of the Rehabilitation Act * * *.
( * * *d) "Special disability
services" includes, but not be limited to those services otherwise
provided as independent living services * * *.
( * * *e) "Office" means the Office
of Special Disability Programs * * *.
( * * *f) "Regulations" means
regulations * * * of the executive director of the Department of
Rehabilitation Services, under the policy direction of the Governor,
pertaining to special disability services * * *.
( * * *g) "Rehabilitation
engineering" means the systematic application of technologies, engineering
methodologies, or scientific principles to meet the needs of and address the
barriers confronted by individuals with disabilities in areas that include
education, rehabilitation, employment, transportation, independent living and
recreation * * *.
( * * *h) "Rehabilitation engineering
services" means applying engineering principles to the design,
modification, customization and/or fabrication of assistive technology for
individuals with disabilities. An assistive technology device is any item,
piece of equipment or product system, whether acquired commercially off the
shelf, modified or customized, that is used to increase or improve functional
capabilities of individuals with disabilities. The areas of practice for
rehabilitation engineering typically encompasses job accommodations, computer
access, vehicle modifications, architectural modifications and home
modifications, augmentative/alternative communications, environmental controls,
positioning devices, seating and mobility, sensory aids and learning
accommodations * * *.
* * *
SECTION 33. Section 37-33-207, Mississippi Code of 1972, is amended as follows:
37-33-207.
The Office of Special Disability Programs established by Section 37-33-153
shall be administered by a director appointed by the executive director * * *
of the Department of Rehabilitation Services, under the policy direction of
the Governor. In carrying out his or her other duties under the Special
Disability Programs Law, the director:
(a) Shall, with the approval of the Executive director of the Division of Rehabilitation Services, under the policy direction of the Governor, make regulations governing the protection of records and confidential information, the manner and form of filing applications, eligibility and investigations and determinations thereof for rehabilitation services through special disability programs, procedures for fair hearings and such other regulations as are found necessary to carry out the purposes of that law;
(b) Shall, with the approval of the executive director, establish appropriate subordinate administrative units within the office;
(c) Shall, with the approval of the executive director, recommend for appointment such personnel as may be necessary for the efficient performance of the functions of the office;
(d) Shall prepare and
submit to * * * the executive director * * * annual reports of activities and expenditures
and, before each regular session of the Legislature, shall submit estimates of
sums required for carrying out the Special Disability Programs Law and
estimates of the amounts to be made available for this purpose from all
sources;
(e) Shall, if the executive director so authorizes, make certifications on behalf of the executive director for the disbursement of funds available for rehabilitation services;
(f) Shall, with the approval of the executive director, appoint boards to serve as the governing authority of centers for independent living or other entities as required by federal law and regulations;
(g) Shall, with the approval of the executive director, take such other action as he or she deems necessary or appropriate to carry out the purposes of the Special Disability Programs Law;
(h) May, with the approval of the executive director, delegate to any officer or employee of the office such of his or her powers and duties, except the making of regulations and the making of recommendations for appointment of personnel, as he or she finds necessary to carry out the purposes of the Special Disability Programs Law.
SECTION 34. Section 37-33-253, Mississippi Code of 1972, is amended as follows:
37-33-253. As used in this act:
(a) "Department" means the State Department of Rehabilitation Services, under the policy direction of the Governor.
(b) "Rehabilitation center" means a facility which provides intermediate care and stresses rehabilitation for persons with spinal cord injuries or traumatic brain injuries.
(c) "Transitional living facility" means a facility which provides a temporary, structured residential environment for those individuals with spinal cord injuries or traumatic brain injuries in a training or educational program, in order to prepare such individuals to live independently.
(d) "Traumatic brain injury" means an insult to the skull, brain, or its covering, resulting from external trauma which produces an altered state of consciousness or anatomic, motor, sensory or cognitive/behavioral deficits.
(e) "Spinal cord injury" means an acute traumatic insult to the spinal cord, not of a degenerative or congenital nature, but caused by an external trauma resulting in any degree of motor or sensory deficit.
SECTION 35. Section 25-9-127, Mississippi Code of 1972, is amended as follows:
25-9-127. (1) No employee of any department, agency or institution who is included under this chapter or hereafter included under its authority, and who is subject to the rules and regulations prescribed by the state personnel system, may be dismissed or otherwise adversely affected as to compensation or employment status except for inefficiency or other good cause, and after written notice and hearing within the department, agency or institution as shall be specified in the rules and regulations of the State Personnel Board complying with due process of law; and any employee who has by written notice of dismissal or action adversely affecting his compensation or employment status shall, on hearing and on any appeal of any decision made in such action, be required to furnish evidence that the reasons stated in the notice of dismissal or action adversely affecting his compensation or employment status are not true or are not sufficient grounds for the action taken; provided, however, that this provision shall not apply (a) to persons separated from any department, agency or institution due to curtailment of funds or reduction in staff when such separation is in accordance with rules and regulations of the state personnel system; (b) during the probationary period of state service of twelve (12) months; and (c) to an executive officer of any state agency who serves at the will and pleasure of the Governor, board, commission or other appointing authority.
(2) The operation of a state-owned motor vehicle without a valid Mississippi driver's license by an employee of any department, agency or institution that is included under this chapter and that is subject to the rules and regulations of the state personnel system shall constitute good cause for dismissal of such person from employment.
(3) Beginning July 1, 1999, every male between the ages of eighteen (18) and twenty-six (26) who is required to register under the federal Military Selective Service Act, 50 USCS App. 453, and who is an employee of the state shall not be promoted to any higher position of employment with the state until he submits to the person, commission, board or agency by which he is employed satisfactory documentation of his compliance with the draft registration requirements of the Military Selective Service Act. The documentation shall include a signed affirmation under penalty of perjury that the male employee has complied with the requirements of the Military Selective Service Act.
(4) For a period of two (2) years beginning July 1, 2014, the provisions of subsection (1) shall not apply to the personnel actions of the State Department of Education that are subject to the rules and regulations of the State Personnel Board, and all employees of the department shall be classified as nonstate service during that period. However, any employee hired after July 1, 2014, by the department shall meet the criteria of the State Personnel Board as it presently exists for employment. The State Superintendent of Public Education and the State Board of Education shall consult with the Office of the Attorney General before taking personnel actions authorized by this section to review those actions for compliance with applicable state and federal law.
It is not the intention or effect of this section to include any school attendance officer in any exemption from coverage under the State Personnel Board policy or regulations, including, but not limited to, termination and conditions of employment.
(5) (a) For a period of two (2) years beginning July 1, 2015, the provisions of subsection (1) shall not apply to the personnel actions of the Department of Corrections, and all employees of the department shall be classified as nonstate service during that period. However, any employee hired after July 1, 2015, by the department shall meet the criteria of the State Personnel Board as it presently exists for employment.
(b) Additionally, for a period of one (1) year beginning July 1, 2016, the personnel actions of the Commissioner of the Department of Corrections shall be exempt from State Personnel Board rules, regulations and procedures in order to give the commissioner flexibility in making an orderly, effective and timely reorganization and realignment of the department.
(c) The Commissioner of Corrections shall consult with the Office of the Attorney General before personnel actions authorized by this section to review those actions for compliance with applicable state and federal law.
(6) Through July 1, 2019, the provisions of subsection (1) of this section shall not apply to the personnel actions of the Department of Human Services that are subject to the rules and regulations of the State Personnel Board, and all employees of the department shall be classified as nonstate service during that period. Any employee hired on or after July 1, 2019, by the department shall meet the criteria of the State Personnel Board as it presently exists for employment. The executive director of Human Services shall consult with the Office of the Attorney General before taking personnel actions authorized by this section to review those actions for compliance with applicable state and federal law.
(7) Through July 1, 2019, the provisions of subsection (1) of this section shall not apply to the personnel actions of the Department of Child Protection Services that are subject to the rules and regulations of the State Personnel Board, and all employees of the department shall be classified as nonstate service during that period. Any employee hired on or after July 1, 2019, by the division shall meet the criteria of the State Personnel Board as it presently exists for employment. The Commissioner of Child Protection Services shall consult with the Office of the Attorney General before taking personnel actions authorized by this section to review those actions for compliance with applicable state and federal law.
(8) Any state agency whose
personnel actions are exempted in this section from the rules, regulations and
procedures of the State Personnel Board shall file with the Lieutenant
Governor, the Speaker of the House of Representatives, and the members of the
Senate and House Accountability, Efficiency * * * and Transparency Committees an annual
report no later than July 1, 2016, and each year thereafter while under the
exemption. Such annual report shall contain the following information:
(a) The number of current employees who received an increase in salary during the past fiscal year and the amount of the increase;
(b) The number of employees who were dismissed from the agency or otherwise adversely affected as to compensation or employment status during the past fiscal year, including a description of such adverse effects; and
(c) The number of new employees hired during the past fiscal year and the starting salaries of each new employee.
(9) For a period of one (1) year beginning July 1, 2017, the provisions of subsection (1) of this section shall not apply to the personnel actions of the Department of Mental Health, the Department of Health or the Department of Rehabilitation Services, under the policy direction of the Governor, established under this act, and all employees of those departments shall be classified as nonstate service during that period. However, any employee hired after July 1, 2017, by those departments shall meet the criteria of the State Personnel Board as it presently exists for employment. The executive directors of those departments shall consult with the Office of Attorney General before taking personnel actions authorized by this section to review those actions for compliance with applicable state and federal law. Any personnel actions of the executive directors of those departments initiated as a result of the transfer of agencies shall be exempt from State Personnel Board rules, regulations and procedures in order to give the executive directors flexibility in making an orderly, effective and timely reorganization of the programs of those departments.
SECTION 36. This act shall take effect and be in force from and after July 1, 2017.
