2004 Regular Session
To: Public Health and Human Services; Appropriations
By: Representative Whittington, Clarke, Thomas, Baker (8th), Blackmon, Brown, Chism, Dedeaux, Eaton, Flaggs, Franks, Fredericks, Guice, Harrison, Holland, Holloway, Martinson, Mayo, McBride, Montgomery, Moody, Morris, Moss, Nicholson, Peranich, Perkins, Reynolds, Rogers (14th), Snowden, Staples, Straughter, Scott
AN ACT TO AUTHORIZE THE CHAIRMAN OF THE MISSISSIPPI COUNCIL ON OBESITY PREVENTION AND MANAGEMENT TO DEVELOP AND IMPLEMENT A PLAN TO ESTABLISH THE COUNCIL AS A NONPROFIT CORPORATION UNDER STATE LAW; TO PROVIDE THAT THE STATE DEPARTMENT OF HEALTH MAY CONTINUE TO PROVIDE ADMINISTRATIVE SUPPORT TO THE COUNCIL FOR ONE YEAR AFTER THE COUNCIL IS ESTABLISHED AS A NONPROFIT CORPORATION; TO PROVIDE THAT AFTER THE COUNCIL IS ESTABLISHED AS A NONPROFIT CORPORATION, THE STATE DEPARTMENT OF HEALTH, THE DIVISION OF MEDICAID, THE STATE DEPARTMENT OF EDUCATION AND ANY OTHER STATE AGENCY MAY EXECUTE A CONTRACT WITH THE COUNCIL TO DEVELOP AND IMPLEMENT OBESITY PREVENTION AND MANAGEMENT PROGRAMS; TO ESTABLISH IN THE STATE TREASURY A SPECIAL FUND TO BE KNOWN AS THE STATEWIDE OBESITY PREVENTION AND MANAGEMENT FUND; TO PROVIDE THAT THE MONIES IN THE FUND MAY BE EXPENDED BY THE APPROPRIATE STATE AGENCIES TO IMPLEMENT THE STATEWIDE OBESITY PREVENTION AND MANAGEMENT PROGRAMS AUTHORIZED UNDER THIS ACT; TO AMEND SECTION 41-101-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATUTORY COUNCIL ON OBESITY PREVENTION AND MANAGEMENT SHALL CEASE TO EXIST AT THE TIME THAT THE COUNCIL IS ESTABLISHED AS A NONPROFIT CORPORATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The chairman of the Mississippi Council on Obesity Prevention and Management established under Section 41-101-1, with participation from the members of the council, may develop and implement a plan to establish the council as a nonprofit corporation under Mississippi law. For a period of one (1) year after the council is established as a nonprofit corporation, the State Department of Health may continue to support the council by providing meeting space, office space and clerical assistance. After the expiration of the one-year period, the council shall be responsible for obtaining the funds necessary to support the operating needs of the council.
(2) After the council is established as a nonprofit corporation, the State Department of Health may execute a contract with the council to develop and implement comprehensive statewide obesity prevention and management programs. The contract shall contain provisions to require that the council will:
(a) Encourage and assist local communities, workplaces, health insurance companies, churches, schools and other public and private entities to develop and implement obesity prevention and management programs and services, and encourage cooperative, comprehensive programs that reach across all segments of the population.
(b) Encourage and assist health care providers to develop, implement, and track and report the outcomes of effective weight management products and services, and coordinate the efforts of health care providers and health plans in exploring the potential for cost-effective obesity management benefits.
(c) Serve as the state clearinghouse for information on ideas, projects and outcomes to make local and statewide programs more effective.
(d) Implement statewide communication programs to alert people to the problem of obesity and how it can be prevented and treated.
(e) Coordinate an annual statewide project that will heighten public awareness of the problem of obesity.
(f) Establish an annual awards program to recognize individual and community achievement in obesity prevention and management.
(g) Serve as the authority that approves and disburses financial assistance to any nonprofit corporation, county or municipality that, in a written application, seeks that assistance to implement a local obesity prevention or management program.
(h) Encourage the donation of funds from the private sector to support the operating costs of the council and to assist in defraying the operation of the programs implemented under this section.
The contract may include any additional provisions that the State Department of Health deems necessary to effectuate the obesity prevention and management programs contemplated by this section.
The council shall submit to the State Department of Health not later than August 1 of each year a written report detailing the operation of obesity prevention and management programs statewide and its expenditure of monies for those programs during the preceding state fiscal year.
(3) After the council is established as a nonprofit corporation:
(a) The Division of Medicaid may execute a contract with the council for obesity prevention and management programs that serve the Medicaid population.
(b) The State Department of Education may execute a contract with the council for obesity prevention and management programs that serve the school population.
(c) Any other state agency, department or institution may execute a contract with the council for obesity prevention and management programs that serve the target population of the agency department or institution.
(4) The obesity prevention and management programs authorized under subsections (2) and (3) of this section may be funded by private grants, federal or state grants obtained by the agency, department or institution, funds appropriated by the Legislature to the agency, department or institution, or private funds obtained by the council.
(5) There is established in the State Treasury a special fund to be known as the Statewide Obesity Prevention and Management Fund. Monies may be expended from the fund, upon appropriation by the Legislature to the appropriate agencies, departments and institutions, to implement the statewide obesity prevention and management programs authorized under subsections (2) and (3) of this section. Unexpended amounts remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the fund shall be deposited to the credit of the fund.
SECTION 2. Section 41-101-1, Mississippi Code of 1972, is amended as follows:
41-101-1. (1) There is created the Mississippi Council on Obesity Prevention and Management, hereinafter referred to as the "council," within the State Department of Health to be in existence for the period from July 1, 2001, until July 1, 2006, or until the council is established as a nonprofit corporation, whichever is the earlier date. The council may accept and expend grants and private donations from any source, including federal, state, public and private entities, to assist it to carry out its functions.
(2) The powers, functions and duties of the council shall include, but not be limited to, the following:
(a) The collection and analysis of data regarding the extent to which children and adults in Mississippi suffer from obesity, and the programs and services currently available to meet the needs of overweight children and adults, and the funds dedicated by the state to maintain those programs and services.
(b) The collection and analysis of data to demonstrate the economic impact on the state of treating obesity and the estimated cost savings of implementing a comprehensive statewide obesity prevention and management model.
(c) The establishment and maintenance of a resources data bank containing information about obesity and related subjects accessible to educational and research institutions, as well as members of the general public.
(d) Consideration of the feasibility of awarding tax incentives for work sites that promote activities to reduce obesity in the work force.
(e) The establishment of recommendations to enhance funding for effective prevention and management programs and services, including Medicaid, private health insurance programs, and other state and federal funds.
(f) The establishment of recommendations designed to assure that children of school age who may have early indicators of obesity have access to affordable, effective prevention and management services.
(g) The establishment of recommendations for changes to statewide elementary and secondary education curricula to implement comprehensive, coordinated obesity awareness and education programs.
(h) Recommendations to enhance clinical education curricula in medical, nursing and other schools of higher education to implement comprehensive, coordinated obesity awareness and education courses.
(i) Recommendations to increase education and awareness among primary care physicians and other health professionals regarding the recognition, prevention and effective management of obesity.
(j) Consideration of a state prevention campaign to increase public awareness of the need for early prevention and management of obesity, possibly including:
(i) A broad-based public education campaign outlining health risks associated with failure to receive treatment for obesity.
(ii) A health professional training campaign.
(iii) A targeted public education campaign directed toward high risk populations.
(k) Coordination with the United States Department of Agriculture, the United States Department of Health and Human Services, the United States Department of Education, the United States Centers for Disease Control and the National Center for Chronic Disease Prevention to share resources and information in order to ensure a comprehensive approach to obesity and obesity-related conditions.
(l) Coordination with the State Departments of Education, Health, Human Services and the Division of Medicaid to share resources and information in order to ensure a comprehensive approach to obesity and obesity-related conditions.
(m) Identification of and recommendations to reduce cultural, environmental and socioeconomic barriers to prevention and management of obesity in Mississippi.
(3) The council shall be composed of the following members:
(a) The Executive Director of the State Department of Health, or his designee;
(b) The Executive Director of the Department of Human Services, or his designee;
(c) The State Superintendent of Education, or his designee;
(d) The Executive Director of the State Department of Mental Health, or his designee;
(e) A representative of the Office of the Governor, to be appointed by the Governor;
(f) A member of the House of Representatives, appointed by the Speaker of the House of Representatives;
(g) A member of the Senate, appointed by the Lieutenant Governor;
(h) Two (2) representatives of the public-at-large, to be selected by the Governor;
(i) The President of either the Mississippi Medical Association or the African-American Obesity Research and Treatment Association (AAORTA), or his designee;
(j) The President of the Mississippi State Nurses Association, or his designee;
(k) The President of the Mississippi Pharmacists Association, or his designee;
(l) The President of the Mississippi Chapter of the American Academy of Pediatrics, or his designee;
(m) The Vice Chancellor of the University of Mississippi Medical Center, or his designee;
(n) A representative appointed from the Mississippi state office of the American Association of Retired Persons;
(o) A representative of the Mississippi Dietetic Association;
(p) A representative of the Mississippi Restaurant Association;
(q) The President of the Mississippi Physical Therapy Association, or his designee;
(r) A member appointed by the Mississippi Commissioner of Insurance;
(s) A representative from a food processor or food manufacturer; and
(t) A representative from the Mississippi Soft Drink Association.
(4) The council shall meet upon call of the Governor not later than August 1, 2001, and shall organize for business by selecting a chairman who shall serve for a one-year term and may be selected for subsequent terms. The council shall adopt internal organizational procedures necessary for efficient operation of the council. Council procedures shall include duties of officers, a process for selecting officers, quorum requirements for conducting business and policies for any council staff. Each member of the council shall designate necessary staff of their departments to assist the council in performing its duties and responsibilities. The council shall meet and conduct business at least quarterly. Meetings of the council shall be open to the public and opportunity for public comment shall be made available at each such meeting. The chairman of the council shall notify all persons who request that notice as to the date, time and place of each meeting.
(5) Members of the council shall receive no compensation for their services.
(6) The council shall submit a report, including proposed legislation if necessary, to the Governor and to the House and Senate Health and Welfare Committees before the convening of the 2004 legislative session. The report shall include a comprehensive state plan for implementation of services and programs in the State of Mississippi to increase prevention and management of obesity in adults and children and an estimate of the cost of implementation of such a plan.
(7) All departments, boards, agencies, officers and institutions of the state and all subdivisions thereof shall cooperate with the council in carrying out its purposes under this section.
SECTION 3. This act shall take effect and be in force from and after July 1, 2004.