MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Public Health and Human Services

By: Representative Holland

House Bill 929

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 41-85-7, MISSISSIPPI CODE OF 1972, TO INCREASE VARIOUS FEES CHARGED BY THE STATE DEPARTMENT OF HEALTH FOR HOSPICE LICENSURE AND REGULATION; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 41-85-7, Mississippi Code of 1972, is amended as follows:

     41-85-7.  (1)  The administration of this chapter is vested in the Mississippi 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) for each site or location of the licensee;

              (i)  A fee of Eighteen Dollars ($18.00) per bed shall be levied for the review of inpatient hospice care;

              (ii)  A fee known as a "user fee" shall be levied and paid to the department for the administration of this chapter.  The amount of the user fee shall be determined by the department and shall be assessed for the purpose of the required reviewing and inspection of the proposal for any new inpatient hospice or existing inpatient hospice in which there are additions, renovations, modernizations, expansions, alterations, conversions, modifications or replacement of the entire facility involved in  the proposal.  The fee shall be assessed for the reviewing of architectural plans and field inspection in all steps required.  The amount of the fee shall not exceed the actual cost to the department of carrying out the reviewing and inspection of the proposal as described in the subparagraph (ii).

          (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.

     (2)  All fees collected by the department under this section shall be used by the department exclusively for the purposes of licensure, regulation, inspection, investigations and discipline of hospices under this chapter.

     (3)  This section shall stand repealed on July 1, 2008.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2007.