MISSISSIPPI LEGISLATURE

2005 Regular Session

To: Public Health and Welfare

By: Senator(s) Dawkins

Senate Bill 2809

AN ACT TO AMEND SECTION 41-9-17, MISSISSIPPI CODE OF 1972, TO EMPOWER THE STATE DEPARTMENT OF HEALTH TO REQUIRE LICENSED HOSPITALS TO REPORT OUTCOME PERFORMANCE RATINGS FOR PROVIDING CERTAIN CORE EMERGENCY MEDICAL TREATMENT PROCEDURES; TO AUTHORIZE THE DEPARTMENT TO CONTRACT WITH THE MISSISSIPPI HOSPITAL ASSOCIATION TO PROVIDE NECESSARY TRAINING AND ADMINISTRATIVE SUPPORT FOR LICENSED HOSPITALS TO COMPLY WITH SUCH OUTCOME CORE PERFORMANCE REPORTING STANDARDS; TO AUTHORIZE HOSPITALS TO CHARGE A FEE TO DEFRAY THE COST OF MEETING MINIMUM EMERGENCY ROOM STANDARDS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 41-9-17, Mississippi Code of 1972, is amended as follows:

     41-9-17.  (1)  The licensing agency shall adopt, amend, promulgate and enforce such rules, regulations and standards with respect to all hospitals to be licensed under Section 41-9-11 as may be designed to further the accomplishment of the purposes of Sections 41-9-1 through 41-9-35 in promoting safe and adequate treatment of individuals in hospitals in the interest of public health, safety and welfare.  Any rule, regulation or standard adopted hereunder shall be considered as promulgated and effective from and after the time the same is recorded and indexed in a book to be maintained by the licensing agency in its main office in the State of Mississippi, entitled "Minimum Standard of Operation for Mississippi Hospitals."  Said book shall be open and available to all hospitals and the public generally at all reasonable times. Upon the adoption of any such rule, regulation or standard, the licensing agency shall mail copies thereof to all hospitals in the state which have filed with said agency their names and addresses for this purpose, but the failure to mail the same or the failure of the hospital to receive the same shall in nowise affect the validity thereof.  No such rules, regulations or standards shall be adopted or enforced which would have the effect of denying a license to a hospital or other institution required to be licensed, solely by reason of the school or system of practice employed or permitted to be employed therein.

     (2)  Beginning July 1, 2006, the State Board of Health shall promulgate rules and regulations requiring licensed hospitals to meet minimum standards and publish outcome performance ratings for equipment, procedures and records which are required on a voluntary basis by the Joint Commission on Accreditation of Healthcare Organizations for the following core procedures that are considered crucial for proper treatment of emergency medical conditions:

          (a)  Heart attack procedures:

              (i)  Administer aspirin on arrival at hospital and discharge;

              (ii)  Administer beta blocker drug on arrival and discharge to stabilize heartbeat; and

              (iii)  Administer ACE inhibitor drug to widen blood vessels and reduce strain on the heart;

          (b)  Congestive heart failure procedures:

              (i)  Assess the functioning of heart's left ventricle; and

              (ii)  Administer ACE inhibitor drug; and

          (c)  Pneumonia procedures:

              (i)  Administer first antibiotic dose within four (4) hours of arrival at hospital;

              (ii)  Vaccinate against pneumococcal bacteria; and            (iii)  Measure levels of oxygen in blood.

     The State Board of Health shall contract with the Mississippi Hospital Association to provide necessary training and administrative support for each licensed hospital to comply with said outcome performance standards, and shall publish an annual report to the Legislature rating each licensed hospital on quality of compliance with said standards.

     Each licensed hospital is authorized to charge a fee of One Dollar ($1.00) per each emergency room visit per patient to defray the expense of meeting minimum joint commission standards for core procedures.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2005.