1998 Regular Session
By: Representatives Holland, Nettles, Barnett (92nd), Frierson, Moody, Read, Scott (17th), Stevens
House Bill 1735
(As Sent to Governor)
AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE STATE DEPARTMENT OF HEALTH FOR THE FISCAL YEAR 1999.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the State Department of Health for the fiscal year beginning July 1, 1998, and ending June 30, 1999
SECTION 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in any special fund in the State Treasury to the credit of the State Department of Health which is comprised of special source funds collected by or otherwise available to the department, for the purpose of defraying the expenses of the department for the fiscal year beginning July 1, 1998, and ending June 30, 1999
SECTION 3. Of the funds appropriated under the provisions of Section 1 and Section 2, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:
MAJOR OBJECTS OF EXPENDITURE:
Salaries, Wages and Fringe Benefits $ 87,867,528.00
Travel and Subsistence 5,312,335.00
Contractual Services 26,572,756.00
Other Than Equipment 750,000.00
Subsidies, Loans and Grants 22,804,731.00
Total $ 196,982,609.00
General Funds $ 38,479,890.00
Special Funds 158,502,719.00
Total $ 196,982,609.00
Permanent: Full Time. . . . . . . . . 2,357
Part Time. . . . . . . . . 57
Time-Limited: Full Time. . . . . . . . . 586
Part Time. . . . . . . . . 23
From the funds provided in the budget category "Personal Services: Salaries, Wages and Fringe Benefits," funds may be expended for the following purposes, in compliance with the policies established by the State Personnel Board and any conditions placed on such expenditures:
(a) The components of the Variable Compensation Plan shall be maintained within the constraints of the funds appropriated herein. Unless otherwise permitted by law, no single event, including promotion, reclassification or reallocation, shall exceed the greater of (1) the difference between the starting salary (start step) of the current classification and the new classification added to the employee's current salary (current step), or (2) the salary that could be paid to an equally qualified, newly hired employee. If an eligible employee is currently at or above the end salary for his or her job classification, then the increase authorized by subparagraphs (b), (c) and (d) shall be built into the employee's base salary. To be eligible, employees may not have a current performance rating below "meets expectations" (2.0), as of the effective date of the increase. Employees who subsequently receive a performance rating of "meets expectations" or above during Fiscal Year 1999 shall receive the salary increase effective the date of the rating.
(b) Funds are provided to adjust the Variable Compensation Plan, including realignment, to ensure that all full time employees receive a minimum increase of Six Hundred Dollars ($600.00) and not more than Nine Hundred Dollars ($900.00), to the next higher step.
(c) Funds are provided for MH-Direct Care Worker Classifications to receive an average increase of One Thousand Five Hundred Dollars ($1,500.00). It is the intention of the Legislature that MH-Direct Care Worker Classifications increases resulting from the provisions of Senate Bill No. 2100, 1997 Regular Session, may be fully implemented as funds become available.
(d) Funds are provided for a Nine Hundred Dollar ($900.00) increase for Information Technology positions. Agencies may effect additional increases in accordance with the Information Technology Special Compensation Plan established by the State Personnel Board as funds become available.
It is the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2000 do not exceed Fiscal Year 1999 funds appropriated for that purpose unless programs or positions are added to the agency's budget by the Mississippi Legislature.
Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law.
No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.
SECTION 4. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:
Performance Measures Target
Patients served (persons) 3,300
Home health visits (visits) 180,000
Hypertension visits (visits) 15,500
Diabetes treatment visits (visits) 900
Maternal and Child Health
Maternity patients served (persons) 111,131
WIC patients served (persons) 100,100
Family planning patients served (persons) 111,131
General sanitation inspections (actions) 25,575
Food establishments inspected (sites) 35,000
Water supplies tested (actions) 1,490
Vaccinations administered (persons) 618,783
Patients receiving STD treatment (persons) 40,000
TB cases and contacts investigated (actions) 3,500
Health Care Planning and Licensure
Declaratory for CON reviews (actions) 600
Ambulance services licensed (entities) 140
Nurse's aides certified (persons) 4,000
Professional licenses issued (persons) 5,325
Percentage of total budget (%) 5.45
A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2000.
SECTION 5. It is the intention of the Legislature that parking fees collected from parking lots of the State Department of Health shall be used to maintain the department's parking facilities.
SECTION 6. It is the intention of the Legislature that the State Department of Health may escalate Medicaid earnings and positions not to exceed Two Million Dollars ($2,000,000.00). Such escalation shall be submitted to and approved by the Department of Finance and Administration in the manner consistent with the escalation of federal funds.
SECTION 7. The State Department of Health may enter into a contractual agreement with the State Board of Funeral Service under which the department will provide inspection services for the board. Under such agreement, the department shall inspect each licensed funeral establishment at random at least once a year. All such inspections shall be made in accordance with applicable state law and rules and regulations of the State Board of Funeral Service.
SECTION 8. It is the intention of the Legislature that the Department of Health shall have the authority to expend any special funds collected or otherwise available, notwithstanding any restrictions in the general law or statutes earmarking said funds for a particular use, that are in excess of the amounts needed for the purpose of such fund, for the purpose of providing maternal and child health, family planning and disease control services.
SECTION 9. Of the funds appropriated under the provisions of Section 2, Twenty-five Thousand Dollars ($25,000.00), or so much thereof as may be necessary, is hereby authorized for the purpose of leasing parking space from the Mississippi Veterans Memorial Stadium Commission.
SECTION 10. It is the intention of the Legislature that with the funds provided herein, the State Department of Health may provide and administer without charge, Hepatitis B vaccinations to Emergency Medical Services (EMS) personnel who are in need of such vaccinations through job related exposure.
SECTION 11. In addition to all other sums heretofore appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Local Governments and Rural Water Systems Emergency Loan Fund, and the Local Governments and Rural Water System Improvements Revolving Loan Fund as authorized in Chapter 521, Laws of 1995, to the State Department of Health for the purpose of defraying the expenses of the Local Governments and Rural Water Systems Improvements Board, for the fiscal year beginning July 1, 1998, and ending June 30, 1999
SECTION 12. It is the intention of the Legislature that in the event that there are insufficient Child Care Development Block Grant Funds, then the Department of Health shall maintain the Child Care Licensure Program at the same level that the program was in Fiscal Year 1993 using any other funds.
SECTION 13. Of the funds appropriated in Section 2, Seven Hundred Fifty Thousand Dollars ($750,000.00) shall come from the Department of Human Services, Child Care Development Fund or other appropriate special funds for the purpose of child care licensure. These funds are to be transferred to the State Department of Health no later than July 31, 1998. The State Department of Health shall make a complete accounting of the uses of these funds to the Department of Human Services.
SECTION 14. It is the intention of the Legislature that the State Department of Health shall expend not more than Fifty Thousand Dollars ($50,000.00) of the funds appropriated in Section 1 and allocated in Section 3 for providing the oil known as "Lorenzo's Oil" for the treatment of the genetic disorder adrenoleukodystrophy (ALD), to children and Mississippi residents over the age of twenty-one (21) who have the genetic disorder adrenoleukodystrophy and for whom Medicaid does not reimburse the cost of providing the oil. The department may also provide needed pathology and biannual MRI exams.
SECTION 15. With the funds provided herein, it is the intention of the Legislature that Fifty Thousand Eight Hundred Twelve Dollars ($50,812.00) shall be transferred to the Mississippi Department of Information Technology Services for the statewide data network backbone.
SECTION 16. In addition to all other funds heretofore appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money deposited in the State Treasury from the Mississippi Tobacco Pilot Program as authorized in the case Mike Moore Attorney General ex rel. State of Mississippi v. The American Tobacco Company et al. (Chancery Court of Jackson County, Mississippi, Cause No. 94-1429) to the State Department of Health for the fiscal year beginning July 1, 1998, and ending June 30, 1999 $ 5,000,000.00.
SECTION 17. Of the funds appropriated in Section 1, Seven Hundred Fifty Thousand Dollars ($750,000.00) are provided for the purpose of purchasing AIDS drugs only and not for educational purposes.
SECTION 18. The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers in the manner provided by law.
SECTION 19. This act shall take effect and be in force from and after July 1, 1998.