Senate Bill 2108

AN ACT TO AMEND SECTIONS 41-71-1 AND 41-71-13, MISSISSIPPI CODE OF 1972, TO AUTHORIZE NURSE PRACTITIONERS, PHYSICIAN ASSISTANTS AND CLINICAL NURSE SPECIALISTS TO PRESCRIBE OR ORDER HOME HEALTH SERVICES AND PLANS OF CARE, CERTIFY AND RECERTIFY ELIGIBILITY FOR HOME HEALTH SERVICES AND CONDUCT THE REQUIRED INITIAL FACE-TO-FACE VISIT WITH THE RECIPIENT OF THE SERVICES; TO PROVIDE THAT THE AMENDMENTS IN THE ACT ARE RETROACTIVE TO MAY 8, 2020; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 41-71-1, Mississippi Code of 1972, is amended as follows:

41-71-1. As used in this chapter, unless the context otherwise requires:

(a) "Home health agency" means a public or privately owned agency or organization, or a subdivision of such an agency or organization, properly authorized to conduct business in Mississippi, which is primarily engaged in providing to individuals, at the written direction of a licensed physician, nurse practitioner, physician assistant or clinical nurse specialist, in the individual's place of residence, skilled nursing services provided by or under the supervision of a registered nurse licensed to practice in Mississippi, and one or more of the following services or items:

(i) Physical, occupational or speech therapy;

(ii) Medical social services;

(iii) Part-time or intermittent services of a home health aide;

(iv) Other services as approved by the licensing agency;

(v) Medical supplies, other than drugs and biologicals, and the use of medical appliances; or

(vi) Medical services provided by an intern or resident in training at a hospital under a teaching program of such hospital.

(b) "Licensing agency" means the State Department of Health.

SECTION 2. Section 41-71-13, Mississippi Code of 1972, is amended as follows:

41-71-13. The licensing agency shall adopt, amend, promulgate and enforce rules, regulations and standards, including classifications, with respect to home health agencies licensed, or which may be licensed, to further the accomplishment of the purpose of this chapter in protecting and promoting the health, safety and welfare of the public by insuring adequate care of individuals receiving such services. Such rules, regulations and standards shall be adopted and promulgated by the licensing agency in accordance with the provisions of Section 25-43-1 et seq., and shall be recorded and indexed in a book to be maintained by the licensing agency in its office in the City of Jackson, Mississippi, entitled "Records of Rules, Regulations and Standards." The book shall be open and available to all home health agencies and the public generally at all reasonable times.

Such rules, regulations and standards shall authorize licensed physicians, nurse practitioners, physician assistants and clinical nurse specialists to prescribe or order home health services and plans of care, certify and recertify eligibility for home health services and conduct the required initial face-to-face visit with recipient of the services.

SECTION 3. The amendments to Sections 41-71-1 and 41-71-13 in this act are retroactive to May 8, 2020, and any action taken on or after May 8, 2020, by a home health agency, physician, nurse practitioner, physician assistant or clinical nurse specialist, or by any other person or entity with regard to a home health agency, physician, nurse practitioner, physician assistant or clinical nurse specialist, that would have been valid and lawful if those amendments had been in effect at the time that the action was taken are ratified, approved and confirmed.

SECTION 4. This act shall take effect and be in force from and after its passage.