MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Public Health and Welfare; Appropriations

By: Senator(s) Bean

AN ACT TO AMEND SECTION 41-21-77, MISSISSIPPI CODE OF 1972, TO PROVIDE A PROCEDURE FOR THE TREATMENT OF MENTALLY ILL PATIENTS IN A FACILITY OTHER THAN THE ADMITTING INSTITUTION; TO AMEND SECTION 41-21-79, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF A MENTALLY ILL PATIENT IS INDIGENT, THE COSTS INCURRED BY THE INTERIM FACILITY, THE ATTENDING PHYSICIAN AT THE INTERIM FACILITY AND THE COSTS OF COMMITMENT SHALL BE PAID FROM FUNDS OF THE MISSISSIPPI DEPARTMENT OF MENTAL HEALTH; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 41-21-77, Mississippi Code of 1972, is amended as follows:

41-21-77. If admission is ordered at a treatment facility, pursuant to Sections 41-21-61 through 41-21-107, Section 35-5-31, Section 43-21-315, Section 43-21-611, Section 99-13-7 or Section 99-13-9, the sheriff, his deputy or any other person appointed or authorized by the court shall immediately deliver the respondent to the director of the appropriate institution; provided, however, that no person shall be so delivered or admitted until the director of the admitting institution determines that facilities and services are available. In the event the director of the admitting institution determines that facilities and services are not available, persons who have been ordered committed and are awaiting admission may be given any such treatment in a facility other than the admitting institution by a licensed physician as is indicated by standard medical practice. The clerk shall provide the director of the facility admitting a person who has been ordered committed and is awaiting admission by the admitting institution with a certified copy of the court order, a certified copy of the physicians' and any psychologist's certificate, a certified copy of the affidavit, and any other information available concerning the physical and mental condition of the respondent. Upon notification from the admitting institution that facilities and services are available, the sheriff, his deputy or any other person appointed or authorized by the court shall immediately deliver the respondent to the director of such admitting institution. The clerk shall provide the director of the admitting institution with a certified copy of the court order, a certified copy of the physicians' and any psychologist's certificate, a certified copy of the affidavit, and any other information available concerning the physical and mental condition of the respondent; provided, upon notification from the United States Veterans Administration or other agency of the United States Government, that facilities are available and the respondent is eligible for care and treatment therein, the court may enter an order for delivery of the respondent to or retention by the Veterans Administration or other agency of the United States Government, and, in such cases such chief officer to whom the respondent is so delivered or by whom he is retained shall, with respect to the respondent, be vested with the same powers as the Director of the Mississippi State Hospital at Whitfield, or the East Mississippi State Hospital at Meridian, with respect to retention and discharge of the respondent.

SECTION 2. Section 41-21-79, Mississippi Code of 1972, is amended as follows:

41-21-79. The costs incidental to the court proceedings, including, but not limited to, court costs, prehearing hospitalization costs, cost of transportation, reasonable physician's and psychologist's fees set by the court, and reasonable attorney's fees set by the court, shall be paid out of the funds of the county of residence of the respondent in those instances where the patient is indigent unless funds for such purposes are made available by the state. All costs and expenses incurred by the facility admitting the respondent while awaiting admission to the admitting institution and the attending physician at such interim facility shall be paid out of the funds of the Mississippi Department of Mental Health in those instances where the patient is indigent. * * * However, if the respondent is not indigent, those costs shall be taxed against the respondent or his estate. * * * If the respondent is found by the court to not be in need of mental treatment then all such costs shall be taxed to the affiant initiating the hearing.

SECTION 3. All new programs authorized under this Senate Bill No. ____ shall be subject to the availability of funds specifically appropriated therefor by the Legislature during the 1999 Regular Session or any subsequent session. It is the intent of the Legislature that this act shall be codified but that no amendment to a code section enacted by this Senate Bill No. ____ shall take effect until the Legislature has funded any new programs authorized hereunder by line item appropriation, said line item appropriation to be certified by the Legislative Budget Office to the Secretary of State.

SECTION 4. This act shall take effect and be in force from and after July 1, 1999.