Bill Text: MS HB989 | 2012 | Regular Session | Introduced
Bill Title: Prescribed pediatric extended care centers; provide for licensure of by State Department of Health.
Sponsorship: Bipartisan Bill
Status: (Failed) 2012-03-06 - Died In Committee [HB989 Detail]
Download: Mississippi-2012-HB989-Introduced.html
MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Public Health and Human Services; Appropriations
By: Representatives Aldridge, Johnson
House Bill 989
AN ACT TO PROVIDE FOR THE LICENSURE AND REGULATION OF PRESCRIBED PEDIATRIC EXTENDED CARE (PPEC) CENTERS FOR MEDICALLY DEPENDENT OR TECHNOLOGICALLY DEPENDENT CHILDREN BY THE STATE DEPARTMENT OF HEALTH; TO PROVIDE FOR DEFINITIONS; TO PROVIDE FOR LICENSE FEES; TO PROVIDE FOR CRIMINAL HISTORY RECORD CHECKS FOR EMPLOYEES OF PPEC CENTERS; TO AUTHORIZE THE DEPARTMENT TO DENY, REVOKE OR SUSPEND A LICENSE AND/OR IMPOSE ADMINISTRATIVE FINES FOR VIOLATIONS OF THIS ACT; TO SPECIFY THE GROUNDS FOR ACTIONS BY THE DEPARTMENT AGAINST A PPEC CENTER OR ITS EMPLOYEES; TO PROVIDE THAT THE STATE BOARD OF HEALTH SHALL ADOPT RULES TO IMPLEMENT THE PROVISIONS OF THIS ACT, WHICH SHALL INCLUDE REASONABLE AND FAIR MINIMUM STANDARDS; TO SPECIFY THE REQUIREMENTS FOR THE CONSTRUCTION OR RENOVATION OF PPEC CENTERS; TO PROHIBIT THE OFFERING OR ADVERTISING TO THE PUBLIC ANY SERVICES THAT REQUIRE LICENSURE UNDER THIS ACT WITHOUT OBTAINING A VALID LICENSE FROM THE DEPARTMENT; TO AMEND SECTION 43-11-13, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. As used in this chapter, the following terms shall be defined as provided in this section:
(a) "Prescribed pediatric extended care center" or "PPEC center" means any building or buildings, or other place, whether operated for profit or not, that undertakes through its ownership or management to provide basic nonresidential services to three (3) or more medically dependent or technologically dependent children who are not related to the owner or operator by blood, marriage, or adoption and who require those services. Infants and children considered for admission to a PPEC center must have complex medical conditions that require continual care. Prerequisites for admission are a prescription from the child's attending physician and consent of a parent or guardian.
(b) "Basic services" include, but are not limited to, development, implementation and monitoring of a comprehensive protocol of care, developed in conjunction with the parent or guardian, that specifies the medical, nursing, psychosocial and developmental therapies required by the medically dependent or technologically dependent child served as well as the caregiver training needs of the child's legal guardian.
(c) "Board" means the State Board of Health.
(d) "Department" means the State Department of Health.
(e) "Medically dependent or technologically dependent child" means a child who because of a medical condition requires continuous therapeutic interventions or skilled nursing supervision, which must be prescribed by a licensed physician and administered by, or under the direct supervision of, a licensed registered nurse.
(f) "Medical records" means medical records maintained in accordance with accepted professional standards and practices as specified in the rules implementing this chapter.
(g) "Owner or operator" means a licensee.
(h) Supportive services or contracted services" include, but are not limited to, speech therapy, occupational therapy, physical therapy, social work, developmental, child life and psychological services.
SECTION 2. (1) The State Department of Health shall license and regulate all PPEC centers in the state that are not exempt under subsection (2) of this section. A license issued by the department is required for the operation of a PPEC center in this state.
(2) A facility, institution or other place operated by the federal government or any agency of the federal government is exempt from the provisions of this chapter.
SECTION 3. (1) Separate licenses are required for PPEC centers maintained on separate premises, even though they are operated under the same management. Separate licenses are not required for separate buildings on the same grounds.
(2) An applicant for a license shall pay an application fee in an amount established by rule. The amount of the initial and renewal license fee shall be established by rule and may not be less than Three Hundred Dollars ($300.00) or more than Six Hundred Dollars ($600.00) per biennium.
(3) County-operated or municipally operated PPEC centers applying for licensure under this chapter are exempt from the payment of license fees.
SECTION 4. In addition to any other information in the application that is required by the board, the applicant must provide the location of the facility for which a license is sought and documentation, signed by the appropriate local government official, which states that the applicant has met local zoning requirements.
SECTION 5. The department shall require criminal history record checks for employees of PPEC centers as provided in Section 43-11-13(5).
SECTION 6. (1) The department may deny, revoke or suspend a license and/or impose an administrative fine as provided in Section 7 of this act for the violation of any provision of this chapter or applicable rules adopted by the board.
(2) Any of the following actions by a PPEC center or any of its employees is grounds for action by the department against the PPEC center or its employee:
(a) An intentional or negligent act materially affecting the health or safety of children in the PPEC center.
(b) A violation of the provisions of this chapter or applicable rules adopted by the board.
(c) Multiple and repeated violations of this chapter or the rules adopted by the board under this chapter.
SECTION 7. (1) (a) If the department determines that a PPEC center is not in compliance with this chapter or applicable rules adopted by the board, the department may request that the PPEC center submit a corrective action plan that demonstrates a good faith effort to remedy each violation by a specific date, subject to the approval of the department.
(b) The department may fine a PPEC center or employee found in violation of this chapter or applicable rules adopted by the board, in an amount not to exceed Five Hundred Dollars ($500.00) for each violation. The fine may not exceed Five Thousand Dollars ($5,000.00) in the aggregate.
(c) The failure to correct a violation by the date set by the department, or the failure to comply with an approved corrective action plan, is a separate violation for each day that the failure continues, unless the department approves an extension to a specific date.
(2) In determining if a fine is to be imposed and in setting the amount of any fine, the department shall consider the following factors:
(a) The gravity of the violation, including the probability that death or serious physical or emotional harm to a child will result or has resulted, the severity of the actual or potential harm and the extent to which the provisions of the applicable statutes or rules were violated.
(b) Actions taken by the owner or operator to correct violations.
(c) Any previous violations.
(d) The financial benefit to the PPEC center of committing or continuing the violation.
SECTION 8. Whenever a PPEC center voluntarily discontinues operation, it shall, at least thirty (30) days before the discontinuance of operation, inform each child's legal guardian of the fact and the proposed time of the discontinuance.
SECTION 9. (1) In accordance with the intention of the Legislature to provide safe and sanitary facilities and healthful programs, the board shall adopt and publish rules to implement the provisions of this chapter, which shall include reasonable and fair minimum standards. Any conflict between these standards and those that may be set forth in county or municipal ordinances shall be resolved in favor of those having statewide effect. Those standards shall relate to:
(a) The assurance that PPEC services are family centered and provide individualized medical, developmental and family training services.
(b) The maintenance of PPEC centers, based upon the size of the structure and number of children, relating to plumbing, heating, lighting, ventilation and other building conditions, including adequate space, in a manner that will ensure the health, safety, comfort and protection from fire of the children served.
(c) The number and qualifications of all personnel who have responsibility for the care of the children served.
(d) All sanitary conditions within the PPEC center and its surroundings, including water supply, sewage disposal, food handling and general hygiene and maintenance thereof, that will ensure the health and comfort of children served.
(e) Programs and basic services promoting and maintaining the health and development of the children served and meeting the training needs of the children's legal guardians.
(f) Supportive, contracted, other operational and transportation services.
(g) Maintenance of appropriate medical records, data and information relative to the children and programs. Those records shall be maintained in the facility for inspection by the department.
(2) The board shall adopt rules to ensure that:
(a) No child attends a PPEC center for more than twelve (12) hours within a twenty-four-hour period.
(b) No PPEC center provides services other than those provided to medically or technologically dependent children.
SECTION 10. The requirements for the construction or renovation of a PPEC center shall comply with:
(a) All state and local requirements pertaining to building construction standards, including plumbing, electrical code, glass, manufactured buildings, accessibility for the physically disabled; and
(b) The rules adopted by the board under this chapter.
SECTION 11. (1) A person or entity may not offer or advertise to the public any services that require licensure under this chapter without obtaining a valid license from the department. A license holder may not advertise or hold out to the public that he or she holds a license for other than that for which he or she actually holds the license.
(2) The operation or maintenance of an unlicensed PPEC center or the performance of any services that require licensure without proper licensure is a violation of this chapter. Unlicensed activity constitutes harm that materially affects the health, safety and welfare of clients. The department, in addition to any other remedies provided by law, may bring an action for an injunction to restrain the violation or to enjoin the future operation or maintenance of the unlicensed PPEC center or the performance of any services in violation of this chapter, until compliance with this chapter and applicable rules adopted by the board has been demonstrated to the satisfaction of the department.
(3) It is unlawful for any person or entity to own, operate or maintain an unlicensed PPEC center. If after receiving notification from the department, the person or entity fails to cease operation and apply for a license under this chapter, the person or entity shall be subject to penalties as provided in this section. Each day of continued operation is a separate offense.
(4) Any person or entity that fails to cease operation after notification by the department may be fined One Thousand Dollars ($1,000.00) for each day of noncompliance.
(5) In addition to granting injunctive relief under subsection (2) of this section, if the department determines that a person or entity is operating or maintaining a PPEC center without obtaining a license and determines that a condition exists that poses a threat to the health, safety or welfare of a client of the PPEC center, the person or entity is subject to the same actions and fines imposed against a licensee as specified in this chapter.
(6) Any person who is aware of the operation of an unlicensed PPEC center must report that provider to the department.
(7) Any person who violates any provision of this section is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Five Hundred Dollars ($500.00). Each day of continuing violation is a separate offense.
SECTION 12. Section 43-11-13, Mississippi Code of 1972, is amended as follows:
43-11-13. (1) The licensing agency shall adopt, amend, promulgate and enforce such rules, regulations and standards, including classifications, with respect to all institutions for the aged or infirm to be licensed under this chapter as may be designed to further the accomplishment of the purpose of this chapter in promoting adequate care of individuals in those institutions in the interest of public health, safety and welfare. Those rules, regulations and standards shall be adopted and promulgated by the licensing agency and shall be recorded and indexed in a book to be maintained by the licensing agency in its main office in the State of Mississippi, entitled "Rules, Regulations and Minimum Standards for Institutions for the Aged or Infirm" and the book shall be open and available to all institutions for the aged or infirm and the public generally at all reasonable times. Upon the adoption of those rules, regulations and standards, the licensing agency shall mail copies thereof to all those institutions in the state that have filed with the agency their names and addresses for this purpose, but the failure to mail the same or the failure of the institutions to receive the same shall in no way affect the validity thereof. The rules, regulations and standards may be amended by the licensing agency, from time to time, as necessary to promote the health, safety and welfare of persons living in those institutions.
(2) The licensee shall keep posted in a conspicuous place on the licensed premises all current rules, regulations and minimum standards applicable to fire protection measures as adopted by the licensing agency. The licensee shall furnish to the licensing agency at least once each six (6) months a certificate of approval and inspection by state or local fire authorities. Failure to comply with state laws and/or municipal ordinances and current rules, regulations and minimum standards as adopted by the licensing agency, relative to fire prevention measures, shall be prima facie evidence for revocation of license.
(3) The State Board of Health shall promulgate rules and regulations restricting the storage, quantity and classes of drugs allowed in personal care homes and adult foster care facilities. Residents requiring administration of Schedule II Narcotics as defined in the Uniform Controlled Substances Law may be admitted to a personal care home. Schedule drugs may only be allowed in a personal care home if they are administered or stored utilizing proper procedures under the direct supervision of a licensed physician or nurse.
(4) (a) Notwithstanding any determination by the licensing agency that skilled nursing services would be appropriate for a resident of a personal care home, that resident, the resident's guardian or the legally recognized responsible party for the resident may consent in writing for the resident to continue to reside in the personal care home, if approved in writing by a licensed physician. However, no personal care home shall allow more than two (2) residents, or ten percent (10%) of the total number of residents in the facility, whichever is greater, to remain in the personal care home under the provisions of this subsection (4). This consent shall be deemed to be appropriately informed consent as described in the regulations promulgated by the licensing agency. After that written consent has been obtained, the resident shall have the right to continue to reside in the personal care home for as long as the resident meets the other conditions for residing in the personal care home. A copy of the written consent and the physician's approval shall be forwarded by the personal care home to the licensing agency.
(b) The State Board of Health shall promulgate rules and regulations restricting the handling of a resident's personal deposits by the director of a personal care home. Any funds given or provided for the purpose of supplying extra comforts, conveniences or services to any resident in any personal care home, and any funds otherwise received and held from, for or on behalf of any such resident, shall be deposited by the director or other proper officer of the personal care home to the credit of that resident in an account that shall be known as the Resident's Personal Deposit Fund. No more than one (1) month's charge for the care, support, maintenance and medical attention of the resident shall be applied from the account at any one time. After the death, discharge or transfer of any resident for whose benefit any such fund has been provided, any unexpended balance remaining in his personal deposit fund shall be applied for the payment of care, cost of support, maintenance and medical attention that is accrued. If any unexpended balance remains in that resident's personal deposit fund after complete reimbursement has been made for payment of care, support, maintenance and medical attention, and the director or other proper officer of the personal care home has been or shall be unable to locate the person or persons entitled to the unexpended balance, the director or other proper officer may, after the lapse of one (1) year from the date of that death, discharge or transfer, deposit the unexpended balance to the credit of the personal care home's operating fund.
(c) The State Board of Health shall promulgate rules and regulations requiring personal care homes to maintain records relating to health condition, medicine dispensed and administered, and any reaction to that medicine. The director of the personal care home shall be responsible for explaining the availability of those records to the family of the resident at any time upon reasonable request.
(d) This subsection (4) shall stand repealed on June 30, 2014.
(5) (a) For the purposes of this subsection (5):
(i) "Licensed entity" means a hospital, nursing home, personal care home, home health agency, hospice, adult foster care facility, or prescribed pediatric extended care center;
(ii) "Covered entity" means a licensed entity or a health care professional staffing agency;
(iii) "Employee" means any individual employed by a covered entity, and also includes any individual who by contract provides to the patients, residents or clients being served by the covered entity direct, hands-on, medical patient care in a patient's, resident's or client's room or in treatment or recovery rooms. The term "employee" does not include health care professional/vocational technical students, as defined in Section 37-29-232, performing clinical training in a licensed entity under contracts between their schools and the licensed entity, and does not include students at high schools located in Mississippi who observe the treatment and care of patients in a licensed entity as part of the requirements of an allied-health course taught in the high school, if:
1. The student is under the supervision of a licensed health care provider; and
2. The student has signed an affidavit that is on file at the student's school stating that he or she has not been convicted of or pleaded guilty or nolo contendere to a felony listed in paragraph (d) of this subsection (5), or that any such conviction or plea was reversed on appeal or a pardon was granted for the conviction or plea. Before any student may sign such an affidavit, the student's school shall provide information to the student explaining what a felony is and the nature of the felonies listed in paragraph (d) of this subsection (5).
However, the health care professional/vocational technical academic program in which the student is enrolled may require the student to obtain criminal history record checks under the provisions of Section 37-29-232.
(b) Under regulations promulgated by the State Board of Health, the licensing agency shall require to be performed a criminal history record check on (i) every new employee of a covered entity who provides direct patient care or services and who is employed on or after July 1, 2003, and (ii) every employee of a covered entity employed before July 1, 2003, who has a documented disciplinary action by his or her present employer. In addition, the licensing agency shall require the covered entity to perform a disciplinary check with the professional licensing agency of each employee, if any, to determine if any disciplinary action has been taken against the employee by that agency.
Except as otherwise provided in paragraph (c) of this subsection (5), no such employee hired on or after July 1, 2003, shall be permitted to provide direct patient care until the results of the criminal history record check have revealed no disqualifying record or the employee has been granted a waiver. In order to determine the employee applicant's suitability for employment, the applicant shall be fingerprinted. Fingerprints shall be submitted to the licensing agency from scanning, with the results processed through the Department of Public Safety's Criminal Information Center. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. The licensing agency shall notify the covered entity of the results of an employee applicant's criminal history record check. If the criminal history record check discloses a felony conviction, guilty plea or plea of nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed in Section 45-33-23(g), child abuse, arson, grand larceny, burglary, gratification of lust or aggravated assault, or felonious abuse and/or battery of a vulnerable adult that has not been reversed on appeal or for which a pardon has not been granted, the employee applicant shall not be eligible to be employed by the covered entity.
(c) Any such new employee applicant may, however, be employed on a temporary basis pending the results of the criminal history record check, but any employment contract with the new employee shall be voidable if the new employee receives a disqualifying criminal history record check and no waiver is granted as provided in this subsection (5).
(d) Under regulations promulgated by the State Board of Health, the licensing agency shall require every employee of a covered entity employed before July 1, 2003, to sign an affidavit stating that he or she has not been convicted of or pleaded guilty or nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, any sex offense listed in Section 45-33-23(g), child abuse, arson, grand larceny, burglary, gratification of lust, aggravated assault, or felonious abuse and/or battery of a vulnerable adult, or that any such conviction or plea was reversed on appeal or a pardon was granted for the conviction or plea. No such employee of a covered entity hired before July 1, 2003, shall be permitted to provide direct patient care until the employee has signed the affidavit required by this paragraph (d). All such existing employees of covered entities must sign the affidavit required by this paragraph (d) within six (6) months of the final adoption of the regulations promulgated by the State Board of Health. If a person signs the affidavit required by this paragraph (d), and it is later determined that the person actually had been convicted of or pleaded guilty or nolo contendere to any of the offenses listed in this paragraph (d) and the conviction or plea has not been reversed on appeal or a pardon has not been granted for the conviction or plea, the person is guilty of perjury. If the offense that the person was convicted of or pleaded guilty or nolo contendere to was a violent offense, the person, upon a conviction of perjury under this paragraph, shall be punished as provided in Section 97-9-61. If the offense that the person was convicted of or pleaded guilty or nolo contendere to was a nonviolent offense, the person, upon a conviction of perjury under this paragraph, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.
(e) The covered entity may, in its discretion, allow any employee who is unable to sign the affidavit required by paragraph (d) of this subsection (5) or any employee applicant aggrieved by an employment decision under this subsection (5) to appear before the covered entity's hiring officer, or his or her designee, to show mitigating circumstances that may exist and allow the employee or employee applicant to be employed by the covered entity. The covered entity, upon report and recommendation of the hiring officer, may grant waivers for those mitigating circumstances, which shall include, but not be limited to: (i) age at which the crime was committed; (ii) circumstances surrounding the crime; (iii) length of time since the conviction and criminal history since the conviction; (iv) work history; (v) current employment and character references; and (vi) other evidence demonstrating the ability of the individual to perform the employment responsibilities competently and that the individual does not pose a threat to the health or safety of the patients of the covered entity.
(f) The licensing agency may charge the covered entity submitting the fingerprints a fee not to exceed Fifty Dollars ($50.00), which covered entity may, in its discretion, charge the same fee, or a portion thereof, to the employee applicant. Any costs incurred by a covered entity implementing this subsection (5) shall be reimbursed as an allowable cost under Section 43-13-116.
(g) If the results of an employee applicant's criminal history record check reveals no disqualifying event, then the covered entity shall, within two (2) weeks of the notification of no disqualifying event, provide the employee applicant with a notarized letter signed by the chief executive officer of the covered entity, or his or her authorized designee, confirming the employee applicant's suitability for employment based on his or her criminal history record check. An employee applicant may use that letter for a period of two (2) years from the date of the letter to seek employment with any covered entity without the necessity of an additional criminal history record check. Any covered entity presented with the letter may rely on the letter with respect to an employee applicant's criminal background and is not required for a period of two (2) years from the date of the letter to conduct or have conducted a criminal history record check as required in this subsection (5).
(h) The licensing agency, the covered entity, and their agents, officers, employees, attorneys and representatives, shall be presumed to be acting in good faith for any employment decision or action taken under this subsection (5). The presumption of good faith may be overcome by a preponderance of the evidence in any civil action. No licensing agency, covered entity, nor their agents, officers, employees, attorneys and representatives shall be held liable in any employment decision or action based in whole or in part on compliance with or attempts to comply with the requirements of this subsection (5).
(i) The licensing agency shall promulgate regulations to implement this subsection (5).
(j) The provisions of this subsection (5) shall not apply to:
(i) Applicants and employees of the University of Mississippi Medical Center for whom criminal history record checks and fingerprinting are obtained in accordance with Section 37-115-41; or
(ii) Health care professional/vocational technical students for whom criminal history record checks and fingerprinting are obtained in accordance with Section 37-29-232.
(6) The State Board of Health shall promulgate rules, regulations and standards regarding the operation of adult foster care facilities.
SECTION 13. This act shall take effect and be in force from and after July 1, 2012.
