MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Public Health and Welfare

By: Representative Mitchell (By Request)

AN ACT TO AMEND SECTIONS 41-55-1, 41-55-7 AND 41-55-9, MISSISSIPPI CODE OF 1972, TO LIMIT THE PERIOD OF TIME THAT A COUNTY, MUNICIPALITY, POLITICAL SUBDIVISION OR BOARD OF TRUSTEES OF A COMMUNITY HOSPITAL MAY OPERATE OR CONTRACT FOR THE OPERATION OF A PUBLIC AMBULANCE SERVICE WITHOUT THE NECESSITY OF MAKING A FINDING THAT ADEQUATE PUBLIC AMBULANCE SERVICE WOULD NOT OTHERWISE BE AVAILABLE; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 41-55-1, Mississippi Code of 1972, is amended as follows:

41-55-1. (1) The board of supervisors of any county and the governing authorities of any city, town, or any political subdivision thereof, either separately or acting in conjunction, in their discretion and upon finding that adequate public ambulance service would not otherwise be available, may own, maintain, and operate a public ambulance service as a governmental function, fix and collect charges therefor, and adopt, promulgate and enforce reasonable rules and regulations for the operation of said service. Any political subdivision, or parts thereof, acting hereunder may contract and otherwise cooperate with any department or agency of the United States Government or the State of Mississippi, or any county, city, town, or supervisors district of the same, or other counties of the State of Mississippi in carrying out any of the powers herein conferred or otherwise effectuating the purposes of Sections 41-55-1 through 41-55-11 and in so doing accept gifts, money, and other property of whatever kind.

(2) The authority of a county, city, town or political subdivision to operate a public ambulance service shall cease at a date fixed by order entered upon the official minutes of the board of supervisors or governing authorities, or six (6) months following the end of the term of office for current members of the board of supervisors and governing authorities, whichever date is earlier. Thereafter, a county, city, town or political subdivision may operate a public ambulance service only upon making and entering on the official minutes of the governing body the findings required to be made under the provisions of subsection (1) of this section.

SECTION 2. Section 41-55-7, Mississippi Code of 1972, is amended as follows:

41-55-7. (1) If there is in operation an adequate privately run ambulance service, then the governing authorities are hereby prohibited from contracting for ambulance services to be run by the public body. The governing authorities may, however, subsidize such existing privately run ambulance service, in their discretion, if they deem necessary to keep such service in operation.

(2) A contract entered into under the provisions of subsection (1) of this section shall not extend beyond the end of the term of office of the members of the governing authorities executing the contract.

SECTION 3. Section 41-55-9, Mississippi Code of 1972, is amended as follows:

41-55-9. (1) In addition to other authority specifically conferred on it or arising by necessary implication, the board of commissioners or board of trustees of any hospital owned separately or jointly by one or more of such counties, cities, towns, or supervisors districts of the same or other such counties as defined in Section 41-55-1 may, in its discretion and upon a finding that adequate ambulance service would not otherwise be available, own, operate, and maintain a public ambulance service as an integral part of its governmental function of operating and maintaining a hospital and, in so doing, shall possess and may exercise and enjoy the same authority, powers, rights, privileges and immunities with respect to the operation and maintenance of said service as it possesses and may exercise and enjoy with respect to the operation and maintenance of other departments of the hospital, including the right to fix and collect charges for such ambulance service, and to adopt, promulgate and enforce reasonable rules and regulations for the operation of said service.

(2) In addition to the foregoing, the board of commissioners or board of trustees of any such public hospital may, in its discretion and upon a finding that adequate public ambulance service would not otherwise be available, either contract with the governing authority or authorities of one or more other such public hospitals, with the governing authority or authorities of one or more private nonprofit hospitals, or with the governing authorities of a combination of both types of hospitals as aforesaid, for the joint ownership, operation and maintenance of a public ambulance service. Moreover, the board of commissioners or board of trustees of any such public hospital, upon a further finding that it is necessary or expedient to do so, may, individually or jointly with the governing authority or authorities of either or both types of hospitals as aforesaid, organize and participate in the ownership of a nonprofit corporation organized under the laws of the State of Mississippi for the specific purpose of providing public ambulance service. Any such contract and any such charter of incorporation shall include specific provisions for retaining majority control in the public hospital or hospitals involved, to preserve and protect the funds and property of the public hospital or hospitals involved and to provide for termination of the arrangement upon reasonable notice by the public hospital or hospitals.

(3) The authority of the board of commissioners or board of trustees of any public hospital as described in subsection (1) or (2) of this section to operate a public ambulance service shall cease at a date fixed by order entered upon the official minutes of the board, or four (4) years following the effective date of the order, whichever date is earlier. Thereafter, any such public hospital may operate a public ambulance service only upon making and entering on the official minutes of the board of commissioners or board of trustees the findings required to be made under the provisions of subsection (1) or (2) of this section.

SECTION 4. This act shall take effect and be in force from and after July 1, 1997.