Bill Text: MS SB2567 | 2017 | Regular Session | Introduced
Bill Title: "Mississippi Health Agency Reorganization Act of 2017"; enact.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2017-02-13 - Died On Calendar [SB2567 Detail]
Download: Mississippi-2017-SB2567-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Appropriations
By: Senator(s) Clarke
Senate Bill 2567
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 SECTIONS 43-13-105, 43-13-107, 43-13-109, 43-13-111, 43-13-113, 43-13-116 AND 43-13-121, MISSISSIPPI CODE OF 1972, TO CHANGE THE NAME OF THE DIVISION OF MEDICAID IN THE OFFICE OF GOVERNOR TO THE "DEPARTMENT" OF MEDICAID IN THE OFFICE OF GOVERNOR AND TO PROVIDE FOR THE QUALIFICATIONS FOR THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF MEDICAID; 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 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 * * * 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 hereby 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 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 board 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 hereby 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 committee, and all salaries to be paid shall be recommended by
the * * *
Department of Health, or its executive committee 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 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 * * * prior to 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. On July 1, 2017, the Division of Medicaid in the Office of the Governor as created by Sections 43-13-101 et seq., Mississippi Code of 1972, shall be renamed the Department of Medicaid in the Office of the Governor and shall retain all powers and duties as granted to the former Division of Medicaid. Wherever the term "Division of Medicaid" appears in any law or regulation, the same shall mean the Department of Medicaid in the Office of the Governor.
SECTION 36. Section 43-13-105, Mississippi Code of 1972, is amended as follows:
43-13-105. When used in this article, the following definitions shall apply, unless the context requires otherwise:
(a)
"Administering agency" means the * * * Department of Medicaid in the
Office of the Governor as created by this article.
(b) " * * *Department" or " * * *Department of Medicaid"
means the * * *
Department of Medicaid in the Office of the Governor.
(c) "Medical assistance" means payment of part or all of the costs of medical and remedial care provided under the terms of this article and in accordance with provisions of Titles XIX and XXI of the Social Security Act, as amended.
(d) "Applicant" means a person who applies for assistance under Titles IV, XVI, XIX or XXI of the Social Security Act, as amended, and under the terms of this article.
(e) "Recipient" means a person who is eligible for assistance under Title XIX or XXI of the Social Security Act, as amended and under the terms of this article.
(f) "State health agency" means any agency, department, institution, board or commission of the State of Mississippi, except the University of Mississippi Medical School, which is supported in whole or in part by any public funds, including funds directly appropriated from the State Treasury, funds derived by taxes, fees levied or collected by statutory authority, or any other funds used by "state health agencies" derived from federal sources, when any funds available to such agency are expended either directly or indirectly in connection with, or in support of, any public health, hospital, hospitalization or other public programs for the preventive treatment or actual medical treatment of persons with a physical disability, mental illness or an intellectual disability.
(g) "Mississippi
Medicaid Commission" or "Medicaid Commission," wherever they
appear in the laws of the State of Mississippi, means the * * * Department of Medicaid in the
Office of the Governor.
SECTION 37. Section 43-13-107, Mississippi Code of 1972, is amended as follows:
43-13-107. (1) The * * * Department of Medicaid is created
in the Office of the Governor and established to administer this article and
perform such other duties as are prescribed by law.
(2) (a) The Governor shall
appoint a full-time Executive Director, with the advice and consent of the
Senate, who shall be either (i) * * * a person holding a graduate degree
in medical care administration, public health, hospital administration, or the
equivalent, or ( * * *ii)
a person holding a bachelor's degree in business administration or hospital
administration, with at least ten (10) years' experience in management-level
administration of Medicaid programs. The Executive Director shall be the
official secretary and legal custodian of the records of the * * * department; shall be the agent
of the division for the purpose of receiving all service of process, summons
and notices directed to the * * * department; shall perform such
other duties as the Governor may prescribe from time to time; and shall perform
all other duties that are now or may be imposed upon him or her by law.
(b) The Executive Director shall serve at the will and pleasure of the Governor.
(c) The Executive
Director shall, before entering upon the discharge of the duties of the office,
take and subscribe to the oath of office prescribed by the Mississippi
Constitution and shall file the same in the Office of the Secretary of State,
and shall execute a bond in some surety company authorized to do business in
the state in the penal sum of One Hundred Thousand Dollars ($100,000.00),
conditioned for the faithful and impartial discharge of the duties of the
office. The premium on the bond shall be paid as provided by law out of funds
appropriated to the * * *
Department of Medicaid for contractual services.
(d) The Executive
Director, with the approval of the Governor and subject to the rules and
regulations of the State Personnel Board, shall employ such professional,
administrative, stenographic, secretarial, clerical and technical assistance as
may be necessary to perform the duties required in administering this article
and fix the compensation for those persons, all in accordance with a state
merit system meeting federal requirements. When the salary of the executive
director is not set by law, that salary shall be set by the State Personnel
Board. No employees of the * * * Department of Medicaid shall be
considered to be staff members of the immediate Office of the Governor;
however, Section 25-9-107(c)(xv) shall apply to the executive director and
other administrative heads of the * * * department.
(3) (a) There is
established a Medical Care Advisory Committee, which shall be the committee
that is required by federal regulation to advise the * * * Department of Medicaid about
health and medical care services.
(b) The advisory committee shall consist of not less than eleven (11) members, as follows:
(i) The Governor shall appoint five (5) members, one (1) from each congressional district and one (1) from the state at large;
(ii) The Lieutenant Governor shall appoint three (3) members, one (1) from each Supreme Court district;
(iii) The Speaker of the House of Representatives shall appoint three (3) members, one (1) from each Supreme Court district.
All members appointed under this paragraph shall either be health care providers or consumers of health care services. One (1) member appointed by each of the appointing authorities shall be a board-certified physician.
(c) The respective Chairmen of the House Medicaid Committee, the House Public Health and Human Services Committee, the House Appropriations Committee, the Senate Public Health and Welfare Committee and the Senate Appropriations Committee, or their designees, two (2) members of the State Senate appointed by the Lieutenant Governor and one (1) member of the House of Representatives appointed by the Speaker of the House, shall serve as ex officio nonvoting members of the advisory committee.
(d) In addition to the committee members required by paragraph (b), the advisory committee shall consist of such other members as are necessary to meet the requirements of the federal regulation applicable to the advisory committee, who shall be appointed as provided in the federal regulation.
(e) The chairmanship of the advisory committee shall be elected by the voting members of the committee annually and shall not serve more than two (2) consecutive years as chairman.
(f) The members of the advisory committee specified in paragraph (b) shall serve for terms that are concurrent with the terms of members of the Legislature, and any member appointed under paragraph (b) may be reappointed to the advisory committee. The members of the advisory committee specified in paragraph (b) shall serve without compensation, but shall receive reimbursement to defray actual expenses incurred in the performance of committee business as authorized by law. Legislators shall receive per diem and expenses, which may 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.
(g) The advisory committee shall meet not less than quarterly, and advisory committee members shall be furnished written notice of the meetings at least ten (10) days before the date of the meeting.
(h) The executive
director shall submit to the advisory committee all amendments, modifications
and changes to the state plan for the operation of the Medicaid program, for
review by the advisory committee before the amendments, modifications or
changes may be implemented by the * * * department.
(i) The advisory committee, among its duties and responsibilities, shall:
(i) Advise the * * * department with respect to
amendments, modifications and changes to the state plan for the operation of
the Medicaid program;
(ii) Advise the * * * department with respect to
issues concerning receipt and disbursement of funds and eligibility for
Medicaid;
(iii) Advise the * * * department with respect to
determining the quantity, quality and extent of medical care provided under
this article;
(iv) Communicate
the views of the medical care professions to the * * * department and communicate the
views of the division to the medical care professions;
(v) Gather information on reasons that medical care providers do not participate in the Medicaid program and changes that could be made in the program to encourage more providers to participate in the Medicaid program, and advise the division with respect to encouraging physicians and other medical care providers to participate in the Medicaid program;
(vi) Provide a written report on or before November 30 of each year to the Governor, Lieutenant Governor and Speaker of the House of Representatives.
(4) (a) There is established a Drug Use Review Board, which shall be the board that is required by federal law to:
(i) Review and initiate retrospective drug use, review including ongoing periodic examination of claims data and other records in order to identify patterns of fraud, abuse, gross overuse, or inappropriate or medically unnecessary care, among physicians, pharmacists and individuals receiving Medicaid benefits or associated with specific drugs or groups of drugs.
(ii) Review and initiate ongoing interventions for physicians and pharmacists, targeted toward therapy problems or individuals identified in the course of retrospective drug use reviews.
(iii) On an ongoing basis, assess data on drug use against explicit predetermined standards using the compendia and literature set forth in federal law and regulations.
(b) The board shall consist of not less than twelve (12) members appointed by the Governor, or his designee.
(c) The board shall meet at least quarterly, and board members shall be furnished written notice of the meetings at least ten (10) days before the date of the meeting.
(d) The board meetings shall be open to the public, members of the press, legislators and consumers. Additionally, all documents provided to board members shall be available to members of the Legislature in the same manner, and shall be made available to others for a reasonable fee for copying. However, patient confidentiality and provider confidentiality shall be protected by blinding patient names and provider names with numerical or other anonymous identifiers. The board meetings shall be subject to the Open Meetings Act (Sections 25-41-1 through 25-41-17). Board meetings conducted in violation of this section shall be deemed unlawful.
(5) (a) There is established a Pharmacy and Therapeutics Committee, which shall be appointed by the Governor, or his designee.
(b) The committee shall meet as often as needed to fulfill its responsibilities and obligations as set forth in this section, and committee members shall be furnished written notice of the meetings at least ten (10) days before the date of the meeting.
(c) The committee meetings shall be open to the public, members of the press, legislators and consumers. Additionally, all documents provided to committee members shall be available to members of the Legislature in the same manner, and shall be made available to others for a reasonable fee for copying. However, patient confidentiality and provider confidentiality shall be protected by blinding patient names and provider names with numerical or other anonymous identifiers. The committee meetings shall be subject to the Open Meetings Act (Sections 25-41-1 through 25-41-17). Committee meetings conducted in violation of this section shall be deemed unlawful.
(d) After a thirty-day
public notice, the executive director, or his or her designee, shall present
the * * *
department's recommendation regarding prior approval for a therapeutic
class of drugs to the committee. However, in circumstances where the division
deems it necessary for the health and safety of Medicaid beneficiaries, the * * * department may present to the
committee its recommendations regarding a particular drug without a thirty-day
public notice. In making that presentation, the * * * department shall state to the
committee the circumstances that precipitate the need for the committee to
review the status of a particular drug without a thirty-day public notice. The
committee may determine whether or not to review the particular drug under the
circumstances stated by the division without a thirty-day public notice. If
the committee determines to review the status of the particular drug, it shall
make its recommendations to the division, after which the * * * department shall file those
recommendations for a thirty-day public comment under Section 25-43-7(1).
(e) Upon reviewing the information and recommendations, the committee shall forward a written recommendation approved by a majority of the committee to the executive director, or his or her designee. The decisions of the committee regarding any limitations to be imposed on any drug or its use for a specified indication shall be based on sound clinical evidence found in labeling, drug compendia, and peer reviewed clinical literature pertaining to use of the drug in the relevant population.
(f) Upon reviewing and considering all recommendations including recommendations of the committee, comments, and data, the executive director shall make a final determination whether to require prior approval of a therapeutic class of drugs, or modify existing prior approval requirements for a therapeutic class of drugs.
(g) At least thirty (30) days before the executive director implements new or amended prior authorization decisions, written notice of the executive director's decision shall be provided to all prescribing Medicaid providers, all Medicaid enrolled pharmacies, and any other party who has requested the notification. However, notice given under Section 25-43-7(1) will substitute for and meet the requirement for notice under this subsection.
(h) Members of the committee shall dispose of matters before the committee in an unbiased and professional manner. If a matter being considered by the committee presents a real or apparent conflict of interest for any member of the committee, that member shall disclose the conflict in writing to the committee chair and recuse himself or herself from any discussions and/or actions on the matter.
SECTION 38. Section 43-13-109, Mississippi Code of 1972, is amended as follows:
43-13-109. The director,
with the approval of the Governor and pursuant to the rules and regulations of
the State Personnel Board, may adopt reasonable rules and regulations to
provide for an open, competitive or qualifying examination for all employees of
the * * *
department other than the director, part-time consultants and
professional staff members.
SECTION 39. Section 43-13-111, Mississippi Code of 1972, is amended as follows:
43-13-111. Every state
health agency, as defined in Section 43-13-105, shall obtain an appropriation
of state funds from the State Legislature for all medical assistance programs
rendered by the agency and shall organize its programs and budgets in such a
manner as to secure maximum federal funding through the * * * Department of Medicaid under
Title XIX or Title XXI of the federal Social Security Act, as amended.
SECTION 40. Section 43-13-113, Mississippi Code of 1972, is amended as follows:
43-13-113. (1) The State
Treasurer shall receive on behalf of the state, and execute all instruments
incidental thereto, federal and other funds to be used for financing the
medical assistance plan or program adopted pursuant to this article, and place
all such funds in a special account to the credit of the Governor's Office- * * *Department of Medicaid, which
funds shall be expended by the * * * department for the purposes and
under the provisions of this article, and shall be paid out by the State
Treasurer as funds appropriated to carry out the provisions of this article are
paid out by him.
The * * * department shall issue all
checks or electronic transfers for administrative expenses, and for medical
assistance under the provisions of this article. All such checks or electronic
transfers shall be drawn upon funds made available to the division by the State
Auditor, upon requisition of the director. It is the purpose of this section
to provide that the State Auditor shall transfer, in lump sums, amounts to the * * * department for disbursement
under the regulations which shall be made by the director with the approval of
the Governor; however, the * * * department, or its fiscal agent
in behalf of the * * *
department, shall be authorized in maintaining separate accounts with a
Mississippi bank to handle claim payments, refund recoveries and related
Medicaid program financial transactions, to aggressively manage the float in
these accounts while awaiting clearance of checks or electronic transfers
and/or other disposition so as to accrue maximum interest advantage of the
funds in the account, and to retain all earned interest on these funds to be
applied to match federal funds for Medicaid program operations.
(2) The * * * department is authorized to
obtain a line of credit through the State Treasurer from the Working Cash-Stabilization
Fund or any other special source funds maintained in the State Treasury in an
amount not exceeding One Hundred Fifty Million Dollars ($150,000,000.00) to
fund shortfalls which, from time to time, may occur due to decreases in state
matching fund cash flow. The length of indebtedness under this provision shall
not carry past the end of the quarter following the loan origination. Loan
proceeds shall be received by the State Treasurer and shall be placed in a
Medicaid designated special fund account. Loan proceeds shall be expended only
for health care services provided under the Medicaid program. The * * * department may pledge as
security for such interim financing future funds that will be received by the * * * department. Any such loans
shall be repaid from the first available funds received by the * * * department in the manner of and
subject to the same terms provided in this section.
In the event the State
Treasurer makes a determination that special source funds are not sufficient to
cover a line of credit for the * * * Department of Medicaid, the * * * department is authorized to
obtain a line of credit, in an amount not exceeding One Hundred Fifty Million
Dollars ($150,000,000.00), from a commercial lender or a consortium of
lenders. The length of indebtedness under this provision shall not carry past
the end of the quarter following the loan origination. The * * * department shall obtain a
minimum of two (2) written quotes that shall be presented to the State Fiscal
Officer and State Treasurer, who shall jointly select a lender. Loan proceeds
shall be received by the State Treasurer and shall be placed in a Medicaid
designated special fund account. Loan proceeds shall be expended only for
health care services provided under the Medicaid program. The * * * department may pledge as
security for such interim financing future funds that will be received by the * * * department. Any such loans
shall be repaid from the first available funds received by the * * * department in the manner of and
subject to the same terms provided in this section.
(3) Disbursement of funds to providers shall be made as follows:
(a) All providers must
submit all claims to the * * *Division Department of Medicaid's fiscal agent no later
than twelve (12) months from the date of service.
(b) The * * * Department of Medicaid's fiscal
agent must pay ninety percent (90%) of all clean claims within thirty (30) days
of the date of receipt.
(c) The * * * Department of Medicaid's fiscal
agent must pay ninety-nine percent (99%) of all clean claims within ninety (90)
days of the date of receipt.
(d) The * * * Department of Medicaid's fiscal
agent must pay all other claims within twelve (12) months of the date of
receipt.
(e) If a claim is
neither paid nor denied for valid and proper reasons by the end of the time
periods as specified above, the * * * Department of Medicaid's fiscal
agent must pay the provider interest on the claim at the rate of one and one-half
percent (1-1/2%) per month on the amount of such claim until it is finally
settled or adjudicated.
(4) The date of receipt is the date the fiscal agent receives the claim as indicated by its date stamp on the claim or, for those claims filed electronically, the date of receipt is the date of transmission.
(5) The date of payment is the date of the check or, for those claims paid by electronic funds transfer, the date of the transfer.
(6) The above specified time limitations do not apply in the following circumstances:
(a) Retroactive adjustments paid to providers reimbursed under a retrospective payment system;
(b) If a claim for payment under Medicare has been filed in a timely manner, the fiscal agent may pay a Medicaid claim relating to the same services within six (6) months after it, or the provider, receives notice of the disposition of the Medicare claim;
(c) Claims from providers under investigation for fraud or abuse; and
(d) The * * * Department of Medicaid and/or
its fiscal agent may make payments at any time in accordance with a court
order, to carry out hearing decisions or corrective actions taken to resolve a
dispute, or to extend the benefits of a hearing decision, corrective action, or
court order to others in the same situation as those directly affected by it.
(7) Repealed.
(8) If sufficient funds are
appropriated therefor by the Legislature, the * * * Department of Medicaid may
contract with the Mississippi Dental Association, or an approved designee, to
develop and operate a Donated Dental Services (DDS) program through which
volunteer dentists will treat needy disabled, aged and medically-compromised
individuals who are non-Medicaid eligible recipients.
SECTION 41. Section 43-13-116, Mississippi Code of 1972, is amended as follows:
43-13-116. (1) It shall be
the duty of the * * *
Department of Medicaid to fully implement and carry out the
administrative functions of determining the eligibility of those persons who
qualify for medical assistance under Section 43-13-115.
(2) In determining Medicaid
eligibility, the * * *
Department of Medicaid is authorized to enter into an agreement with the
Secretary of the Department of Health and Human Services for the purpose of
securing the transfer of eligibility information from the Social Security
Administration on those individuals receiving supplemental security income
benefits under the federal Social Security Act and any other information
necessary in determining Medicaid eligibility. The * * * Department of Medicaid is
further empowered to enter into contractual arrangements with its fiscal agent
or with the State Department of Human Services in securing electronic data
processing support as may be necessary.
(3) Administrative hearings
shall be available to any applicant who requests it because his or her claim of
eligibility for services is denied or is not acted upon with reasonable
promptness or by any recipient who requests it because he or she believes the
agency has erroneously taken action to deny, reduce, or terminate benefits.
The agency need not grant a hearing if the sole issue is a federal or state law
requiring an automatic change adversely affecting some or all recipients.
Eligibility determinations that are made by other agencies and certified to the * * * Department of Medicaid pursuant
to Section 43-13-115 are not subject to the administrative hearing procedures
of the * * *
Department of Medicaid but are subject to the administrative hearing
procedures of the agency that determined eligibility.
(a) A request may be made either for a local regional office hearing or a state office hearing when the local regional office has made the initial decision that the claimant seeks to appeal or when the regional office has not acted with reasonable promptness in making a decision on a claim for eligibility or services. The only exception to requesting a local hearing is when the issue under appeal involves either (i) a disability or blindness denial, or termination, or (ii) a level of care denial or termination for a disabled child living at home. An appeal involving disability, blindness or level of care must be handled as a state level hearing. The decision from the local hearing may be appealed to the state office for a state hearing. A decision to deny, reduce or terminate benefits that is initially made at the state office may be appealed by requesting a state hearing.
(b) A request for a hearing, either state or local, must be made in writing by the claimant or claimant's legal representative. "Legal representative" includes the claimant's authorized representative, an attorney retained by the claimant or claimant's family to represent the claimant, a paralegal representative with a legal aid services, a parent of a minor child if the claimant is a child, a legal guardian or conservator or an individual with power of attorney for the claimant. The claimant may also be represented by anyone that he or she so designates but must give the designation to the Medicaid regional office or state office in writing, if the person is not the legal representative, legal guardian, or authorized representative.
(c) The claimant may make a request for a hearing in person at the regional office but an oral request must be put into written form. Regional office staff will determine from the claimant if a local or state hearing is requested and assist the claimant in completing and signing the appropriate form. Regional office staff may forward a state hearing request to the appropriate division in the state office or the claimant may mail the form to the address listed on the form. The claimant may make a written request for a hearing by letter. A simple statement requesting a hearing that is signed by the claimant or legal representative is sufficient; however, if possible, the claimant should state the reason for the request. The letter may be mailed to the regional office or it may be mailed to the state office. If the letter does not specify the type of hearing desired, local or state, Medicaid staff will attempt to contact the claimant to determine the level of hearing desired. If contact cannot be made within three (3) days of receipt of the request, the request will be assumed to be for a local hearing and scheduled accordingly. A hearing will not be scheduled until either a letter or the appropriate form is received by the regional or state office.
(d) When both members of a couple wish to appeal an action or inaction by the agency that affects both applications or cases similarly and arose from the same issue, one or both may file the request for hearing, both may present evidence at the hearing, and the agency's decision will be applicable to both. If both file a request for hearing, two (2) hearings will be registered but they will be conducted on the same day and in the same place, either consecutively or jointly, as the couple wishes. If they so desire, only one of the couple need attend the hearing.
(e) The procedure for administrative hearings shall be as follows:
(i) The claimant has thirty (30) days from the date the agency mails the appropriate notice to the claimant of its decision regarding eligibility, services, or benefits to request either a state or local hearing. This time period may be extended if the claimant can show good cause for not filing within thirty (30) days. Good cause includes, but may not be limited to, illness, failure to receive the notice, being out of state, or some other reasonable explanation. If good cause can be shown, a late request may be accepted provided the facts in the case remain the same. If a claimant's circumstances have changed or if good cause for filing a request beyond thirty (30) days is not shown, a hearing request will not be accepted. If the claimant wishes to have eligibility reconsidered, he or she may reapply.
(ii) If a claimant or representative requests a hearing in writing during the advance notice period before benefits are reduced or terminated, benefits must be continued or reinstated to the benefit level in effect before the effective date of the adverse action. Benefits will continue at the original level until the final hearing decision is rendered. Any hearing requested after the advance notice period will not be accepted as a timely request in order for continuation of benefits to apply.
(iii) Upon receipt of a written request for a hearing, the request will be acknowledged in writing within twenty (20) days and a hearing scheduled. The claimant or representative will be given at least five (5) days' advance notice of the hearing date. The local and/or state level hearings will be held by telephone unless, at the hearing officer's discretion, it is determined that an in-person hearing is necessary. If a local hearing is requested, the regional office will notify the claimant or representative in writing of the time of the local hearing. If a state hearing is requested, the state office will notify the claimant or representative in writing of the time of the state hearing. If an in-person hearing is necessary, local hearings will be held at the regional office and state hearings will be held at the state office unless other arrangements are necessitated by the claimant's inability to travel.
(iv) All persons
attending a hearing will attend for the purpose of giving information on behalf
of the claimant or rendering the claimant assistance in some other way, or for
the purpose of representing the * * * Department of Medicaid.
(v) A state or local hearing request may be withdrawn at any time before the scheduled hearing, or after the hearing is held but before a decision is rendered. The withdrawal must be in writing and signed by the claimant or representative. A hearing request will be considered abandoned if the claimant or representative fails to appear at a scheduled hearing without good cause. If no one appears for a hearing, the appropriate office will notify the claimant in writing that the hearing is dismissed unless good cause is shown for not attending. The proposed agency action will be taken on the case following failure to appear for a hearing if the action has not already been effected.
(vi) The claimant or his representative has the following rights in connection with a local or state hearing:
(A) The right to examine at a reasonable time before the date of the hearing and during the hearing the content of the claimant's case record;
(B) The right to have legal representation at the hearing and to bring witnesses;
(C) The right to produce documentary evidence and establish all facts and circumstances concerning eligibility, services, or benefits;
(D) The right to present an argument without undue interference;
(E) The right to question or refute any testimony or evidence including an opportunity to confront and cross-examine adverse witnesses.
(vii) When a request for a local hearing is received by the regional office or if the regional office is notified by the state office that a local hearing has been requested, the Medicaid specialist supervisor in the regional office will review the case record, reexamine the action taken on the case, and determine if policy and procedures have been followed. If any adjustments or corrections should be made, the Medicaid specialist supervisor will ensure that corrective action is taken. If the request for hearing was timely made such that continuation of benefits applies, the Medicaid specialist supervisor will ensure that benefits continue at the level before the proposed adverse action that is the subject of the appeal. The Medicaid specialist supervisor will also ensure that all needed information, verification, and evidence is in the case record for the hearing.
(viii) When a state hearing is requested that appeals the action or inaction of a regional office, the regional office will prepare copies of the case record and forward it to the appropriate division in the state office no later than five (5) days after receipt of the request for a state hearing. The original case record will remain in the regional office. Either the original case record in the regional office or the copy forwarded to the state office will be available for inspection by the claimant or claimant's representative a reasonable time before the date of the hearing.
(ix) The Medicaid specialist supervisor will serve as the hearing officer for a local hearing unless the Medicaid specialist supervisor actually participated in the eligibility, benefits, or services decision under appeal, in which case the Medicaid specialist supervisor must appoint a Medicaid specialist in the regional office who did not actually participate in the decision under appeal to serve as hearing officer. The local hearing will be an informal proceeding in which the claimant or representative may present new or additional information, may question the action taken on the client's case, and will hear an explanation from agency staff as to the regulations and requirements that were applied to claimant's case in making the decision.
(x) After the hearing, the hearing officer will prepare a written summary of the hearing procedure and file it with the case record. The hearing officer will consider the facts presented at the local hearing in reaching a decision. The claimant will be notified of the local hearing decision on the appropriate form that will state clearly the reason for the decision, the policy that governs the decision, the claimant's right to appeal the decision to the state office, and, if the original adverse action is upheld, the new effective date of the reduction or termination of benefits or services if continuation of benefits applied during the hearing process. The new effective date of the reduction or termination of benefits or services must be at the end of the fifteen-day advance notice period from the mailing date of the notice of hearing decision. The notice to claimant will be made part of the case record.
(xi) The claimant has the right to appeal a local hearing decision by requesting a state hearing in writing within fifteen (15) days of the mailing date of the notice of local hearing decision. The state hearing request should be made to the regional office. If benefits have been continued pending the local hearing process, then benefits will continue throughout the fifteen-day advance notice period for an adverse local hearing decision. If a state hearing is timely requested within the fifteen-day period, then benefits will continue pending the state hearing process. State hearings requested after the fifteen-day local hearing advance notice period will not be accepted unless the initial thirty-day period for filing a hearing request has not expired because the local hearing was held early, in which case a state hearing request will be accepted as timely within the number of days remaining of the unexpired initial thirty-day period in addition to the fifteen-day time period. Continuation of benefits during the state hearing process, however, will only apply if the state hearing request is received within the fifteen-day advance notice period.
(xii) When a request for a state hearing is received in the regional office, the request will be made part of the case record and the regional office will prepare the case record and forward it to the appropriate division in the state office within five (5) days of receipt of the state hearing request. A request for a state hearing received in the state office will be forwarded to the regional office for inclusion in the case record and the regional office will prepare the case record and forward it to the appropriate division in the state office within five (5) days of receipt of the state hearing request.
(xiii) Upon
receipt of the hearing record, an impartial hearing officer will be assigned to
hear the case either by the Executive Director of the * * * Department of Medicaid or his or
her designee. Hearing officers will be individuals with appropriate expertise
employed by the * * *
department and who have not been involved in any way with the action or
decision on appeal in the case. The hearing officer will review the case
record and if the review shows that an error was made in the action of the
agency or in the interpretation of policy, or that a change of policy has been
made, the hearing officer will discuss these matters with the appropriate
agency personnel and request that an appropriate adjustment be made.
Appropriate agency personnel will discuss the matter with the claimant and if
the claimant is agreeable to the adjustment of the claim, then agency personnel
will request in writing dismissal of the hearing and the reason therefor, to be
placed in the case record. If the hearing is to go forward, it shall be
scheduled by the hearing officer in the manner set forth in subparagraph (iii)
of this paragraph (e).
(xiv) In conducting the hearing, the state hearing officer will inform those present of the following:
(A) That the hearing will be recorded on tape and that a transcript of the proceedings will be typed for the record;
(B) The action taken by the agency which prompted the appeal;
(C) An explanation of the claimant's rights during the hearing as outlined in subparagraph (vi) of this paragraph (e);
(D) That the purpose of the hearing is for the claimant to express dissatisfaction and present additional information or evidence;
(E) That the case record is available for review by the claimant or representative during the hearing;
(F) That the final hearing decision will be rendered by the Executive Director of the Division of Medicaid on the basis of facts presented at the hearing and the case record and that the claimant will be notified by letter of the final decision.
(xv) During the
hearing, the claimant and/or representative will be allowed an opportunity to
make a full statement concerning the appeal and will be assisted, if necessary,
in disclosing all information on which the claim is based. All persons
representing the claimant and those representing the * * * Department of Medicaid will
have the opportunity to state all facts pertinent to the appeal. The hearing
officer may recess or continue the hearing for a reasonable time should
additional information or facts be required or if some change in the claimant's
circumstances occurs during the hearing process which impacts the appeal. When
all information has been presented, the hearing officer will close the hearing
and stop the recorder.
(xvi) Immediately
following the hearing the hearing tape will be transcribed and a copy of the
transcription forwarded to the regional office for filing in the case record.
As soon as possible, the hearing officer shall review the evidence and record
of the proceedings, testimony, exhibits, and other supporting documents,
prepare a written summary of the facts as the hearing officer finds them, and
prepare a written recommendation of action to be taken by the agency, citing
appropriate policy and regulations that govern the recommendation. The decision
cannot be based on any material, oral or written, not available to the claimant
before or during the hearing. The hearing officer's recommendation will become
part of the case record which will be submitted to the Executive Director of
the * * *
Department of Medicaid for further review and decision.
(xvii) The
Executive Director of the * * *Division Department of Medicaid, upon review of the
recommendation, proceedings and the record, may sustain the recommendation of
the hearing officer, reject the same, or remand the matter to the hearing
officer to take additional testimony and evidence, in which case, the hearing
officer thereafter shall submit to the Executive Director a new
recommendation. The Executive Director shall prepare a written decision
summarizing the facts and identifying policies and regulations that support the
decision, which shall be mailed to the claimant and the representative, with a
copy to the regional office if appropriate, as soon as possible after
submission of a recommendation by the hearing officer. The decision notice
will specify any action to be taken by the agency, specify any revised
eligibility dates or, if continuation of benefits applies, will notify the
claimant of the new effective date of reduction or termination of benefits or
services, which will be fifteen (15) days from the mailing date of the notice
of decision. The decision rendered by the Executive Director of the * * * Department of Medicaid is final
and binding. The claimant is entitled to seek judicial review in a court of
proper jurisdiction.
(xviii) The * * * Department of Medicaid must
take final administrative action on a hearing, whether state or local, within
ninety (90) days from the date of the initial request for a hearing.
(xix) A group hearing may be held for a number of claimants under the following circumstances:
(A) The * * * Department of Medicaid may
consolidate the cases and conduct a single group hearing when the only issue
involved is one (1) of a single law or agency policy;
(B) The claimants may request a group hearing when there is one (1) issue of agency policy common to all of them.
In all group hearings, whether initiated by the Division of Medicaid or by the claimants, the policies governing fair hearings must be followed. Each claimant in a group hearing must be permitted to present his or her own case and be represented by his or her own representative, or to withdraw from the group hearing and have his or her appeal heard individually. As in individual hearings, the hearing will be conducted only on the issue being appealed, and each claimant will be expected to keep individual testimony within a reasonable time frame as a matter of consideration to the other claimants involved.
(xx) Any specific matter necessitating an administrative hearing not otherwise provided under this article or agency policy shall be afforded under the hearing procedures as outlined above. If the specific time frames of such a unique matter relating to requesting, granting, and concluding of the hearing is contrary to the time frames as set out in the hearing procedures above, the specific time frames will govern over the time frames as set out within these procedures.
(4) The Executive Director
of the * * *
Department of Medicaid, with the approval of the Governor, shall be
authorized to employ eligibility, technical, clerical and supportive staff as
may be required in carrying out and fully implementing the determination of
Medicaid eligibility, including conducting quality control reviews and the
investigation of the improper receipt of medical assistance. Staffing needs
will be set forth in the annual appropriation act for the * * * department. Additional office
space as needed in performing eligibility, quality control and investigative
functions shall be obtained by the * * * department.
SECTION 42. Section 43-13-121, Mississippi Code of 1972, is amended as follows:
43-13-121. (1) The * * * department shall administer the
Medicaid program under the provisions of this article, and may do the
following:
(a) Adopt and promulgate reasonable rules, regulations and standards, with approval of the Governor, and in accordance with the Administrative Procedures Law, Section 25-43-1.101 et seq.:
(i) Establishing methods and procedures as may be necessary for the proper and efficient administration of this article;
(ii) Providing
Medicaid to all qualified recipients under the provisions of this article as
the * * *
department may determine and within the limits of appropriated funds;
(iii) Establishing
reasonable fees, charges and rates for medical services and drugs; in doing so,
the * * *
department shall fix all of those fees, charges and rates at the minimum
levels absolutely necessary to provide the medical assistance authorized by
this article, and shall not change any of those fees, charges or rates except
as may be authorized in Section 43-13-117;
(iv) Providing for fair and impartial hearings;
(v) Providing safeguards for preserving the confidentiality of records; and
(vi) For detecting and processing fraudulent practices and abuses of the program;
(b) Receive and expend
state, federal and other funds in accordance with court judgments or
settlements and agreements between the State of Mississippi and the federal
government, the rules and regulations promulgated by the * * * department, with the approval
of the Governor, and within the limitations and restrictions of this article
and within the limits of funds available for that purpose;
(c) Subject to the limits imposed by this article, to submit a Medicaid plan to the United States Department of Health and Human Services for approval under the provisions of the federal Social Security Act, to act for the state in making negotiations relative to the submission and approval of that plan, to make such arrangements, not inconsistent with the law, as may be required by or under federal law to obtain and retain that approval and to secure for the state the benefits of the provisions of that law.
No agreements, specifically
including the general plan for the operation of the Medicaid program in this
state, shall be made by and between the * * * department and the United
States Department of Health and Human Services unless the Attorney General of
the State of Mississippi has reviewed the agreements, specifically including
the operational plan, and has certified in writing to the Governor and to the
Executive Director of the * * *division department that the agreements, including the
plan of operation, have been drawn strictly in accordance with the terms and
requirements of this article;
(d) In accordance with the purposes and intent of this article and in compliance with its provisions, provide for aged persons otherwise eligible for the benefits provided under Title XVIII of the federal Social Security Act by expenditure of funds available for those purposes;
(e) To make reports to the United States Department of Health and Human Services as from time to time may be required by that federal department and to the Mississippi Legislature as provided in this section;
(f) Define and determine the scope, duration and amount of Medicaid that may be provided in accordance with this article and establish priorities therefor in conformity with this article;
(g) Cooperate and contract with other state agencies for the purpose of coordinating Medicaid provided under this article and eliminating duplication and inefficiency in the Medicaid program;
(h) Adopt and use an
official seal of the * * *
department;
(i) Sue in its own name on behalf of the State of Mississippi and employ legal counsel on a contingency basis with the approval of the Attorney General;
(j) To recover any and
all payments incorrectly made by the * * * department to a recipient or
provider from the recipient or provider receiving the payments. The * * * department shall be authorized
to collect any overpayments to providers sixty (60) days after the conclusion
of any administrative appeal unless the matter is appealed to a court of proper
jurisdiction and bond is posted. Any appeal filed after July 1, 2015, shall be
to the Chancery Court of the First Judicial District of Hinds County,
Mississippi, within sixty (60) days after the date that the * * * department has notified the
provider by certified mail sent to the proper address of the provider on file
with the division and the provider has signed for the certified mail notice, or
sixty (60) days after the date of the final decision if the provider does not
sign for the certified mail notice. To recover those payments, the * * * department may use the
following methods, in addition to any other methods available to the * * * department:
(i) The * * * department shall report to the
Department of Revenue the name of any current or former Medicaid recipient who
has received medical services rendered during a period of established Medicaid
ineligibility and who has not reimbursed the * * * department for the related
medical service payment(s). The Department of Revenue shall withhold from the
state tax refund of the individual, and pay to the division, the amount of the
payment(s) for medical services rendered to the ineligible individual that have
not been reimbursed to the * * * department for the related
medical service payment(s).
(ii) The * * * department shall report to the
Department of Revenue the name of any Medicaid provider to whom payments were
incorrectly made that the * * *division department has not been able to recover by
other methods available to the * * * department. The Department of
Revenue shall withhold from the state tax refund of the provider, and pay to
the * * *
department, the amount of the payments that were incorrectly made to the
provider that have not been recovered by other available methods;
(k) To recover any and
all payments by the * * *
department fraudulently obtained by a recipient or provider.
Additionally, if recovery of any payments fraudulently obtained by a recipient
or provider is made in any court, then, upon motion of the Governor, the judge
of the court may award twice the payments recovered as damages;
(l) Have full,
complete and plenary power and authority to conduct such investigations as it
may deem necessary and requisite of alleged or suspected violations or abuses
of the provisions of this article or of the regulations adopted under this
article, including, but not limited to, fraudulent or unlawful act or deed by
applicants for Medicaid or other benefits, or payments made to any person, firm
or corporation under the terms, conditions and authority of this article, to
suspend or disqualify any provider of services, applicant or recipient for
gross abuse, fraudulent or unlawful acts for such periods, including
permanently, and under such conditions as the * * * department deems proper and
just, including the imposition of a legal rate of interest on the amount
improperly or incorrectly paid. Recipients who are found to have misused or
abused Medicaid benefits may be locked into one (1) physician and/or one (1)
pharmacy of the recipient's choice for a reasonable amount of time in order to
educate and promote appropriate use of medical services, in accordance with
federal regulations. If an administrative hearing becomes necessary, the * * * department may, if the provider
does not succeed in his or her defense, tax the costs of the administrative
hearing, including the costs of the court reporter or stenographer and
transcript, to the provider. The convictions of a recipient or a provider in a
state or federal court for abuse, fraudulent or unlawful acts under this
chapter shall constitute an automatic disqualification of the recipient or
automatic disqualification of the provider from participation under the
Medicaid program.
A conviction, for the purposes of this chapter, shall include a judgment entered on a plea of nolo contendere or a nonadjudicated guilty plea and shall have the same force as a judgment entered pursuant to a guilty plea or a conviction following trial. A certified copy of the judgment of the court of competent jurisdiction of the conviction shall constitute prima facie evidence of the conviction for disqualification purposes;
(m) Establish and
provide such methods of administration as may be necessary for the proper and
efficient operation of the Medicaid program, fully utilizing computer equipment
as may be necessary to oversee and control all current expenditures for
purposes of this article, and to closely monitor and supervise all recipient
payments and vendors rendering services under this article.
Notwithstanding any other provision of state law, the * * * department is authorized to
enter into a ten-year contract(s) with a vendor(s) to provide services
described in this paragraph (m). Notwithstanding any provision of law to the
contrary, the * * * department is authorized to extend its Medicaid
Management Information Systems, including all related components and services,
and Decision Support System, including all related components and services,
contracts expiring on June 30, 2015, for a period not to exceed five (5) years
without complying with the requirements provided in Section 25-9-120 and the
Personal Service Contract Review Board procurement regulations;
(n) To cooperate and contract with the federal government for the purpose of providing Medicaid to Vietnamese and Cambodian refugees, under the provisions of Public Law 94-23 and Public Law 94-24, including any amendments to those laws, only to the extent that the Medicaid assistance and the administrative cost related thereto are one hundred percent (100%) reimbursable by the federal government. For the purposes of Section 43-13-117, persons receiving Medicaid under Public Law 94-23 and Public Law 94-24, including any amendments to those laws, shall not be considered a new group or category of recipient; and
(o) The * * * department shall impose
penalties upon Medicaid only, Title XIX participating long-term care facilities
found to be in noncompliance with * * * department and certification
standards in accordance with federal and state regulations, including interest
at the same rate calculated by the United States Department of Health and Human
Services and/or the Centers for Medicare and Medicaid Services (CMS) under
federal regulations.
(2) The * * * department also shall exercise
such additional powers and perform such other duties as may be conferred upon
the * * *
department by act of the Legislature.
(3) The * * * department, and the State
Department of Health as the agency for licensure of health care facilities and
certification and inspection for the Medicaid and/or Medicare programs, shall
contract for or otherwise provide for the consolidation of on-site inspections
of health care facilities that are necessitated by the respective programs and
functions of the * * * departments.
(4) The * * * department and its hearing
officers shall have power to preserve and enforce order during hearings; to
issue subpoenas for, to administer oaths to and to compel the attendance and
testimony of witnesses, or the production of books, papers, documents and other
evidence, or the taking of depositions before any designated individual
competent to administer oaths; to examine witnesses; and to do all things
conformable to law that may be necessary to enable them effectively to
discharge the duties of their office. In compelling the attendance and testimony
of witnesses, or the production of books, papers, documents and other evidence,
or the taking of depositions, as authorized by this section, the * * * department or its hearing
officers may designate an individual employed by the * * * department or some other
suitable person to execute and return that process, whose action in executing
and returning that process shall be as lawful as if done by the sheriff or some
other proper officer authorized to execute and return process in the county
where the witness may reside. In carrying out the investigatory powers under
the provisions of this article, the executive director or other designated
person or persons may examine, obtain, copy or reproduce the books, papers,
documents, medical charts, prescriptions and other records relating to medical
care and services furnished by the provider to a recipient or designated
recipients of Medicaid services under investigation. In the absence of the
voluntary submission of the books, papers, documents, medical charts,
prescriptions and other records, the Governor, the Executive Director, or
other designated person may issue and serve subpoenas instantly upon the
provider, his or her agent, servant or employee for the production of the
books, papers, documents, medical charts, prescriptions or other records during
an audit or investigation of the provider. If any provider or his or her
agent, servant or employee refuses to produce the records after being duly
subpoenaed, the executive director may certify those facts and institute
contempt proceedings in the manner, time and place as authorized by law for
administrative proceedings. As an additional remedy, the * * * department may recover all
amounts paid to the provider covering the period of the audit or investigation,
inclusive of a legal rate of interest and a reasonable attorney's fee and costs
of court if suit becomes necessary. * * * Department staff shall have
immediate access to the provider's physical location, facilities, records,
documents, books, and any other records relating to medical care and services
rendered to recipients during regular business hours.
(5) If any person in
proceedings before the * * *
department disobeys or resists any lawful order or process, or
misbehaves during a hearing or so near the place thereof as to obstruct the
hearing, or neglects to produce, after having been ordered to do so, any
pertinent book, paper or document, or refuses to appear after having been
subpoenaed, or upon appearing refuses to take the oath as a witness, or after
having taken the oath refuses to be examined according to law, the executive
director shall certify the facts to any court having jurisdiction in the place
in which it is sitting, and the court shall thereupon, in a summary manner,
hear the evidence as to the acts complained of, and if the evidence so
warrants, punish that person in the same manner and to the same extent as for a
contempt committed before the court, or commit that person upon the same condition
as if the doing of the forbidden act had occurred with reference to the process
of, or in the presence of, the court.
(6) In suspending or
terminating any provider from participation in the Medicaid program, the * * * department shall preclude the
provider from submitting claims for payment, either personally or through any
clinic, group, corporation or other association to the * * * department or its fiscal
agents for any services or supplies provided under the Medicaid program except
for those services or supplies provided before the suspension or termination.
No clinic, group, corporation or other association that is a provider of
services shall submit claims for payment to the * * * department or its fiscal
agents for any services or supplies provided by a person within that
organization who has been suspended or terminated from participation in the
Medicaid program except for those services or supplies provided before the
suspension or termination. When this provision is violated by a provider of
services that is a clinic, group, corporation or other association, the * * * department may suspend or
terminate that organization from participation. Suspension may be applied by
the * * *
department to all known affiliates of a provider, provided that each
decision to include an affiliate is made on a case-by-case basis after giving
due regard to all relevant facts and circumstances. The violation, failure or
inadequacy of performance may be imputed to a person with whom the provider is
affiliated where that conduct was accomplished within the course of his or her
official duty or was effectuated by him or her with the knowledge or approval
of that person.
(7) The * * * department may deny or revoke enrollment
in the Medicaid program to a provider if any of the following are found to be
applicable to the provider, his or her agent, a managing employee or any person
having an ownership interest equal to five percent (5%) or greater in the
provider:
(a) Failure to
truthfully or fully disclose any and all information required, or the
concealment of any and all information required, on a claim, a provider
application or a provider agreement, or the making of a false or misleading
statement to the * * *
department relative to the Medicaid program.
(b) Previous or
current exclusion, suspension, termination from or the involuntary withdrawing
from participation in the Medicaid program, any other state's Medicaid program,
Medicare or any other public or private health or health insurance program. If
the * * *
department ascertains that a provider has been convicted of a felony
under federal or state law for an offense that the * * * department determines is
detrimental to the best interest of the program or of Medicaid beneficiaries,
the * * *
department may refuse to enter into an agreement with that provider, or
may terminate or refuse to renew an existing agreement.
(c) Conviction under federal or state law of a criminal offense relating to the delivery of any goods, services or supplies, including the performance of management or administrative services relating to the delivery of the goods, services or supplies, under the Medicaid program, any other state's Medicaid program, Medicare or any other public or private health or health insurance program.
(d) Conviction under federal or state law of a criminal offense relating to the neglect or abuse of a patient in connection with the delivery of any goods, services or supplies.
(e) Conviction under federal or state law of a criminal offense relating to the unlawful manufacture, distribution, prescription or dispensing of a controlled substance.
(f) Conviction under federal or state law of a criminal offense relating to fraud, theft, embezzlement, breach of fiduciary responsibility or other financial misconduct.
(g) Conviction under federal or state law of a criminal offense punishable by imprisonment of a year or more that involves moral turpitude, or acts against the elderly, children or infirm.
(h) Conviction under federal or state law of a criminal offense in connection with the interference or obstruction of any investigation into any criminal offense listed in paragraphs (c) through (i) of this subsection.
(i) Sanction for a violation of federal or state laws or rules relative to the Medicaid program, any other state's Medicaid program, Medicare or any other public health care or health insurance program.
(j) Revocation of license or certification.
(k) Failure to pay recovery properly assessed or pursuant to an approved repayment schedule under the Medicaid program.
(l) Failure to meet any condition of enrollment.
SECTION 43. 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 the said departments shall be classified as nonstate service during that period. However, any employee hired after July 1, 2017, by the said departments shall meet the criteria of the State Personnel Board as it presently exists for employment. The Executive Directors of the said 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. It is the intent of the Legislature that any personnel actions of the Executive Directors of the said 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 the said departments.
SECTION 44. This act shall take effect and be in force from and after July 1, 2017.
