Bill Text: MS SB2043 | 2015 | Regular Session | Engrossed
Bill Title: Maternal Mortality Review Committee; establish under State Board of Health.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2015-03-03 - Died In Committee [SB2043 Detail]
Download: Mississippi-2015-SB2043-Engrossed.html
MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Public Health and Welfare; Appropriations
By: Senator(s) Burton
Senate Bill 2043
(As Passed the Senate)
AN ACT TO ESTABLISH THE MATERNAL MORTALITY REVIEW COMMITTEE UNDER THE STATE BOARD OF HEALTH TO REVIEW MATERNAL DEATHS; TO PROVIDE FOR DATA; TO PROVIDE FOR CONFIDENTIALITY; TO PROVIDE FOR LIMITED LIABILITY; TO PROVIDE FOR REPORTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Mississippi State Department of Health will have the authority to establish the Maternal Mortality Review Committee to review maternal deaths and establish strategies to prevent maternal deaths. The committee shall be multidisciplinary and be composed of members as deemed appropriate by the department. The committee may develop subcommittees to carry out the purposes of the Maternal Mortality Review.
(2) The Chairman of the Maternal Mortality Review Committee shall be elected annually by the Review Committee membership. The Review Committee shall develop and implement such procedures and policies necessary for its operation, including contracting with an external organization to assist in collecting, analyzing, and disseminating meetings of the committee, and other tasks as may be incident to the purpose of the committee, including providing the necessary data, information, and resources to ensure successful completion of the ongoing review required by this section. The Review Committee shall be assigned to the Mississippi State Department of Health for administrative purposes only, and the department shall designate staff to assist the Review Committee.
(3) The Maternal Mortality Review Committee shall submit a report annually to the Chairmen of the House Public Health and Human Services Committee and the Senate Public Health and Welfare Committee on or before December 1. The report shall include the numbers, causes and relevant demographic information on maternal mortality deaths in Mississippi, including deaths during or as a direct result of an abortion procedure and appropriate recommendations to the Legislature on how to most effectively direct state resources to decrease maternal mortality in Mississippi. There shall be a separate report on maternal deaths occurring during an abortion procedure. Data for the Review Committee's review and reporting shall be provided to the Review Committee, upon the request of the Review Committee, by the State Medical Examiner's office, Mississippi State Department of Health, Department of Human Services, medical examiners, coroners, health care providers, law enforcement agencies, and any other agencies or officials having information that is necessary for the Review Committee to carry out its duties under this section.
(4) Health care providers licensed pursuant to Sections 73-25-1 through 73�25�39, Mississippi Code of 1972, health care facilities licensed pursuant to Sections 41-9-1 through 41-9-37, Mississippi Code of 1972, and pharmacies licensed pursuant to Sections 73-21-69 through 73-21�129, Mississippi Code of 1972, shall provide reasonable access to the committee to all relevant medical records associated with a case under review by the committee.
(5) A health care provider, health care facility, or pharmacy providing access to medical records pursuant to this section shall not be held liable for civil damages or be subject to any criminal or disciplinary action for good faith efforts in providing such records.
(6) Information, records, reports, statements, notes, memoranda, or other data collected pursuant to this section shall not be admissible as evidence in any action of any kind in any court or before any other tribunal, board, agency, or person. Such information, records, reports, statements, notes, memoranda, or other data shall not be exhibited nor their contents disclosed in any way, in whole or in part, by any officer or representative of the department or any other person, except as may be necessary for the purpose of furthering the review of the committee of the case to which they relate. No person participating in such review shall disclose, in any manner, the information so obtained except in strict conformity with such review project.
(7) All information, records of interviews, written reports, statements, notes, memoranda, or other data obtained by the department, the committee, and other persons, agencies, or organizations so authorized by the department pursuant to this section shall be confidential.
(8) All proceedings and activities of the committee under this section, opinions of members of such committee formed as a result of such proceedings and activities, and records obtained, created, or maintained pursuant to this section, including records of interviews, written reports, and statements procured by the department or any other person, agency, or organization acting jointly or under contract with the department in connection with the requirements of this section, shall be confidential and shall not be subject to the Mississippi Public Records Act of 1983, Sections 25-61�1 through 25�61�17, Mississippi Code of 1972, relating to open meetings, or subject to subpoena, discovery, or introduction into evidence in any civil or criminal proceeding; provided, however, that nothing in this section shall be construed to limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely of the proceedings by the committee.
(9) Members of the committee shall not be questioned in any civil or criminal proceeding regarding the information presented in or opinions formed as a result of a meeting or communication of the committee; provided, however, that nothing in this section shall be construed to prevent a member of the committee from testifying to information obtained independently of the committee or which is public information.
(10) Reports of aggregated nonindividually identifiable data shall be compiled on a routine basis for distribution in an effort to further study the causes and problems associated with maternal deaths. Reports shall be distributed to the Legislature, health care providers and facilities, key government agencies, and other entities as is necessary to reduce the maternal death rate.
SECTION 2. This act shall take effect and be in force from and after July 1, 2015.
