MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Public Health and Welfare

By: Senator(s) Bean

Senate Bill 2391

AN ACT TO AMEND SECTIONS 41-9-9, 41-71-5, 41-71-7, 41-75-7, 41-75-9, 41-77-9, 41-85-7, 43-11-7 AND 43-11-9, MISSISSIPPI CODE OF 1972, TO INCREASE ANNUAL LICENSURE FEES CHARGED BY THE STATE DEPARTMENT OF HEALTH FOR HOSPITALS, AMBULATORY SURGICAL FACILITIES, ABORTION FACILITIES, BIRTHING CENTERS, HOSPICES, HOME HEALTH AGENCIES, NURSING HOMES, PERSONAL CARE HOMES AND PSYCHIATRIC RESIDENTIAL TREATMENT FACILITIES; AND FOR RELATED PURPOSES. 

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

SECTION 1. Section 41-9-9, Mississippi Code of 1972, is amended as follows:

41-9-9. (1) An application for a license shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed under Section 41-9-17. Each application for license shall be accompanied by the appropriate license fee according to the following schedule:

CAPACITY (NUMBER FEE PER

OF LICENSED BEDS) HOSPITAL

0-10 $1,000.00

11-20 1,050.00

21-30 1,100.00

31-40 1,150.00

41-50 1,200.00

51-60 1,250.00

61-70 1,300.00

71-80 1,350.00

81-90 1,400.00

91-100 1,450.00

101-110 1,500.00

111-120 1,550.00

121-130 1,600.00

131-140 1,650.00

141-150 1,700.00

151-160 1,750.00

161-170 1,800.00

171-180 1,850.00

181-190 1,900.00

191-200 1,950.00

201-210 2,000.00

211-220 2,050.00

221-230 2,100.00

231-240 2,150.00

241-250 2,200.00

251-260 2,250.00

261-270 2,300.00

271-280 2,350.00

281-290 2,400.00

291-300 2,450.00

301-310 2,500.00

311-320 2,550.00

321-330 2,600.00

331-340 2,650.00

341-350 2,700.00

351-360 2,750.00

361-370 2,800.00

371-380 2,850.00

381-390 2,900.00

391-400 2,950.00

401-410 3,000.00

411-420 3,050.00

421-430 3,100.00

431-440 3,150.00

441-450 3,200.00

451-460 3,250.00

461-470 3,300.00

471-480 3,350.00

481-490 3,400.00

491-500 3,450.00

501 and over 3,500.00

(2) The appropriate licensure fee, according to the schedule herein, shall be paid to the licensing agency and may be paid by check, draft or money order. A license shall not be issued to any hospital until such fee is received by the licensing agency.

(3) A fee known as a "user fee" shall be applicable and shall be paid to the licensing agency as set out in subsection (2) hereof. This user fee shall be assessed for the purpose of the required reviewing and inspections of the proposal of any hospital in which there are additions, renovations, modernizations, expansion, alterations, conversions, modifications or replacement of the entire facility involved in such proposal. This fee would include the reviewing of architectural plans in all steps required. There shall be a minimum user fee of Fifty Dollars ($50.00) and a maximum user fee of Five Thousand Dollars ($5,000.00).

SECTION 2. Section 41-71-5, Mississippi Code of 1972, is amended as follows:

41-71-5. An application for a license shall be made to the licensing agency upon forms provided by the agency and shall contain such information as the agency shall require, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed hereunder. A license fee of One Thousand Dollars ($1,000.00), payable to the licensing agency, shall be submitted with each application.

SECTION 3. Section 41-71-7, Mississippi Code of 1972, is amended as follows:

41-71-7. Upon receipt of an application for a license and the license fee, and a determination by the licensing agency that the application is in compliance with Section 41-7-173 et seq. and in compliance with the provisions of this chapter, such license shall be issued. A license, unless suspended or revoked, shall be renewable annually upon payment by the licensee of a renewal fee of One Thousand Dollars ($1,000.00) and approval by the licensing agency of an annual report, required to be submitted by the licensee, containing such information in such form and at such time as the licensing agency prescribes by rule or regulation. Each license shall be issued only for the home health agency and person or persons or other legal entity or entities named in the application and shall not be transferable or assignable except with the written approval of the licensing agency. Licenses shall be posted in a conspicuous place in the designated business office of the licensee. Each licensee shall designate, in writing, one (1) individual person as the responsible party for the conducting of the business of the home health agency with the licensing agency.

SECTION 4. Section 41-75-7, Mississippi Code of 1972, is amended as follows:

41-75-7. An application for a license shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed hereunder. Each application for a license shall be accompanied by a license fee of Three Thousand Dollars ($3,000.00), which shall be paid to the licensing agency.

SECTION 5. Section 41-75-9, Mississippi Code of 1972, is amended as follows:

41-75-9. Upon receipt of an application for license and the license fee, the licensing agency shall issue a license if the applicant and the institutional facilities meet the requirements established under this chapter and the requirements of Section 41-7-173 et seq., Mississippi Code of 1972, where determined by the licensing agency to be applicable. A license, unless suspended or revoked, shall be renewable annually upon payment of a renewal fee of Three Thousand Dollars ($3,000.00), which shall be paid to the licensing agency, and upon filing by the licensee and approval by the licensing agency of an annual report upon such uniform dates and containing such information in such form as the licensing agency requires. Each license shall be issued only for the premises and person or persons named in the application and shall not be transferable or assignable. Licenses shall be posted in a conspicuous place on the licensed premises.

SECTION 6. Section 41-77-9, Mississippi Code of 1972, is amended as follows:

41-77-9. An application for a license shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed hereunder. Each application for a license shall be accompanied by a license fee of One Thousand Dollars ($1,000.00) which shall be paid to the licensing agency.

SECTION 7. Section 41-85-7, Mississippi Code of 1972, is amended as follows:

41-85-7. The administration of this chapter is vested in the State Department of Health, which shall:

(a) Prepare and furnish all forms necessary under the provisions of this chapter in relation to applications for licensure or renewals thereof;

(b) Collect in advance at the time of filing an application for a license or at the time of renewal of a license a fee of One Thousand Dollars ($1,000.00);

(c) Conduct annual licensure inspections of all licensees which may be the same inspection as the annual Medicare certification inspection; and

(d) Promulgate applicable rules and standards in furtherance of the purpose of this chapter and may amend such rules as may be necessary. The rules shall include, but not be limited to, the following:

(i) The qualifications of professional and ancillary personnel in order to adequately furnish hospice care;

(ii) Standards for the organization and quality of patient care;

(iii) Procedures for maintaining records; and

(iv) Provision for the inpatient component of hospice care and for other professional and ancillary hospice services.

SECTION 8. Section 43-11-7, Mississippi Code of 1972, is amended as follows:

43-11-7. An application for a license shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed hereunder. Each application for a license for an institution for the aged or infirm, except for personal care homes, shall be accompanied by a license fee of Twenty Dollars ($20.00) for each bed in the institution, which shall be paid to the licensing agency. Each application for a license for a personal care home shall be accompanied by a license fee of Fifteen Dollars ($15.00) for each bed in the institution, which shall be paid to the licensing agency.

No governmental entity or agency shall be required to pay the fee or fees set forth in this section.

SECTION 9. Section 43-11-9, Mississippi Code of 1972, is amended as follows:

43-11-9. Upon receipt of an application for license and the license fee, the licensing agency shall issue a license if the applicant and the institutional facilities meet the requirements established under this chapter and the requirements of Section 41-7-173 et seq., where determined by the licensing agency to be applicable. A license, unless suspended or revoked, shall be renewable annually upon payment by (a) the licensee of an institution for the aged or infirm, except for personal care homes, of a renewal fee of Twenty Dollars ($20.00) for each bed in the institution, or (b) the licensee of a personal care home of a renewal fee of Fifteen Dollars ($15.00) for each bed in the institution, which shall be paid to the licensing agency, and upon filing by the licensee and approval by the licensing agency of an annual report upon such uniform dates and containing such information in such form as the licensing agency prescribes by rule or regulation. Each license shall be issued only for the premises and person or persons or other legal entity or entities named in the application and shall not be transferable or assignable except with the written approval of the licensing agency. Licenses shall be posted in a conspicuous place on the licensed premises.

No governmental entity or agency shall be required to pay the fee or fees set forth in this section.

SECTION 10. This act shall take effect and be in force from and after July 1, 1997.