MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Economic and Workforce Development; Appropriations
By: Senator(s) Parker, Moran
AN ACT TO BE KNOWN AS THE "AMERICAN RESCUE PLAN ACT (ARPA) NURSE/HEALTH SCIENCE WORKFORCE DEVELOPMENT AND RETENTION ACT"; TO STATE LEGISLATIVE FINDINGS AND INTENT; TO ESTABLISH IN THE OFFICE OF WORKFORCE DEVELOPMENT THE MISSISSIPPI HEALTHCARE WORKFORCE DEVELOPMENT PROGRAM; TO CREATE IN THE STATE TREASURY A SPECIAL FUND KNOWN AS THE "MISSISSIPPI HEALTHCARE WORKFORCE DEVELOPMENT PROGRAM FUND"; TO ESTABLISH IN THE OFFICE OF WORKFORCE DEVELOPMENT THE MISSISSIPPI NURSING PRECEPTOR GRANT PROGRAM; TO CREATE IN THE STATE TREASURY A SPECIAL FUND KNOWN AS THE "MISSISSIPPI NURSING PRECEPTOR GRANT PROGRAM FUND"; TO ESTABLISH IN THE OFFICE OF WORKFORCE DEVELOPMENT THE MISSISSIPPI HEALTH SCIENCE TRAINING INFRASTRUCTURE GRANT PROGRAM; TO CREATE IN THE STATE TREASURY A SPECIAL FUND KNOWN AS THE "MISSISSIPPI HEALTH SCIENCE TRAINING INFRASTRUCTURE GRANT PROGRAM FUND"; TO PROVIDE THAT, SUBJECT TO APPROPRIATION BY THE LEGISLATURE, GRANTS TO RECIPIENTS SHALL BE AWARDED BY THE OFFICE THROUGH AN APPLICATION PROCESS; TO SPECIFY REQUIREMENTS FOR APPLICANTS; TO SPECIFY THE RESPONSIBILITIES OF THE OFFICE OF WORKFORCE DEVELOPMENT IN ADMINISTERING THE PROGRAMS; TO REQUIRE THE OFFICE OF WORKFORCE DEVELOPMENT TO SUBMIT AN ANNUAL REPORT FOR EACH PROGRAM BY OCTOBER 1; TO DIRECT THE OFFICE OF WORKFORCE DEVELOPMENT TO PROMULGATE RULES AND REGULATIONS NECESSARY TO ADMINISTER THE PROGRAMS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "American Rescue Plan Act (ARPA) Nurse/Health Science Workforce Development and Retention Act." Under this act, the Legislature shall create the Mississippi Healthcare Workforce Development Program, the Mississippi Nursing Preceptor Grant Program, and the Mississippi Health Science Training Infrastructure Grant Program.
SECTION 2. (1) The Mississippi Legislature finds the following:
(a) The public health crisis related to COVID-19 resulted in a general disruption in the Mississippi economy and workforce, particularly in healthcare facilities across the state;
(b) Workforce shortages exist in a number of high-wage, high-demand Mississippi industries, particularly in the nursing field; and
(c) The availability of unprecedented federal funding to mitigate the impact of COVID-19 on the workforce and economy has created a unique opportunity for the Office of Workforce Development, working with community colleges, institutions of higher learning and employers, to provide education and training to help Mississippians find employment in the nursing field.
(2) Therefore, the intent of the Mississippi Legislature is:
(a) To provide funding for outreach efforts to connect citizens seeking employment in nursing with the education and training required to obtain necessary skills for relevant employment in the state;
(b) To provide funding for new and increased capacity in existing relevant workforce development and training programs, to include any required equipment or supplies, at community and junior colleges and institutions of higher learning across the state; and
(c) To gauge the effectiveness of these programs by gathering data related to participation and wage and employment outcomes in order to replicate successful efforts in future workforce development programs.
SECTION 3. (1) There is established the Mississippi Healthcare Workforce Development Program, which shall be directed by the office for the purpose of providing education and training to citizens seeking employment in the nursing field, which was severely impacted by the disruption to the economy and workforce caused by COVID-19.
(2) For purposes of this section, the following words shall have the meanings ascribed herein unless the context otherwise requires:
(a) "Grant program" means the healthcare workforce development and training programs at community and junior colleges or institutions of higher learning administered under this act using federal COVID-19 relief funds.
(b) "Office" means the Office of Workforce Development as established in Section 37-153-7.
(c) "Recipient" means a community or junior college or institution of higher learning.
(d) "Trainee" means an individual receiving training or other services through the grant programs under this act with the goal of becoming employed in the nursing field.
(e) "COVID-19" means the Coronavirus Disease 2019.
(f) "Federal COVID-19 Relief Funds" means funds allocated to the State of Mississippi from the Coronavirus State Fiscal Recovery Fund in Section 9901 of the American Rescue Plan Act of 2021 (Public Law No. 117-2).
(g) "High-wage, high-demand industry" means those nursing jobs paying above Mississippi's median annual income and prioritized by the office and the four (4) local workforce areas.
(h) "Eligible expenses" means a cost incurred by a recipient, pursuant to this act, to include:
(i) Necessary equipment or other supplies;
(ii) Curricula or other academic or training materials;
(iii) Remote learning or other classroom technology;
(iv) Stipends for teaching staff or faculty for workforce development programs;
(v) Trainee support, including tuition expenses and childcare or transportation assistance;
(vi) Coaching or mentoring services;
(vii) Job placement services; and
(viii) Recruitment programs.
(3) The Department of Employment Security shall serve as fiscal agent in administering the funds.
(4) Subject to appropriation by the Legislature, allocations to recipients shall be awarded by the office through an application process, which shall require the applicant to provide:
(a) A detailed explanation of the program the applicant intends to use awarded funds to create or expand, to include:
(i) A description of the nursing workforce shortage the program is intended to address;
(ii) The number of trainees who will be served by the program; and
(iii) The average wage rate for trainees receiving employment after completing the program;
(b) A proposed budget on how awarded funds will be expended, including a plan to consistently report expenditures to the office throughout the funding commitment;
(c) A plan to provide data on participation and outcomes of the program, including a plan to report outcomes to the office throughout the funding commitment; and
(d) Other relevant information as determined appropriate by the office.
(5) Applicants agreeing to commit a portion of their federal COVID-19 relief funds, if they received federal COVID-19 relief funds directly, or other state, federal or private funds as supplemental matching funds to offset the total cost of the approved program will be prioritized for approval.
(6) The office shall:
(a) Inform each recipient of its portion of the funds appropriated to the grant program;
(b) Develop regulations and procedures to govern the administration of the grant program;
(c) Prioritize high-wage, high-skill jobs within the nursing field; and
(d) Coordinate with the Department of Employment Security to share information to identify individuals who were furloughed, unemployed, underemployed or otherwise displaced due to COVID-19 who may be eligible for the program.
(7) The office may use a maximum of two and one-half percent (2-1/2%) of funds allocated under this act for the administration of the grant program, to the extent permissible under federal law.
(8) The office shall provide a comprehensive report on the use and effectiveness of funds distributed under the grant program, to include wage data and employment outcomes for trainees, to the Governor, Lieutenant Governor, Speaker of the House of Representatives, and Chairs of the Senate and House Appropriations Committees, Chair of the Senate Economic and Workforce Development Committee, and Chair of the House Workforce Development Committee by October 1 each year of the existence of the program.
(9) There is created a special fund in the State Treasury to be known as the "Mississippi Healthcare Workforce Development Program Fund," from which the grants authorized by this act shall be disbursed by the office. All monies shall be disbursed from the fund in compliance with the guidelines, guidance, rules, regulations and other criteria, as may be amended from time to time, by the United States Department of the Treasury regarding the use of monies from the American Rescue Plan Act. Unexpended amounts of any monies remaining in the fund at the end of the fiscal year shall not lapse into the Coronavirus State Fiscal Recovery Fund or the State General Fund, and any interest earned on amounts in the fund shall remain in the fund.
SECTION 4. (1) There is created the Mississippi Nursing Preceptor Grant Program, the purpose of which is to provide Mississippi licensed hospitals and Mississippi licensed long-term care facilities with grants to pay nursing preceptors up to an additional Two Dollars ($2.00) per hour in premium pay for the time spent training Associates Degree of Nursing (ADN) students enrolled at any two-year nursing program operated by the Mississippi Community College Board. This act shall be subject to the availability of funds appropriated by the Legislature utilizing Coronavirus State Fiscal Recovery Funds made available under the federal American Rescue Plan Act of 2021 (ARPA) or any other funds appropriated by the Legislature.
(2) For purposes of this section, unless the context requires otherwise, the following terms shall have the meanings ascribed:
(a) "ARPA" shall mean the federal American Rescue Plan Act of 2021, Public Law 117-2, which amends Title VI of the Social Security Act.
(b) "State Recovery Funds" shall mean Coronavirus State Fiscal Recovery Funds awarded through Section 602, Title VI of the Social Security Act amended by Section 9901 of the federal American Rescue Plan Act of 2021, Public Law 117-2.
(c) "Office" shall mean the Office of Workforce Development as established in Section 37-153-7.
(d) "Student" shall mean an Associate Degree of Nursing (ADN) student enrolled at any two-year nursing program operated by the Mississippi Community College Board.
(e) "Preceptor" shall mean a nurse who supervises a nursing student during clinical practice and facilitates the application of theory to practice for the nursing student. A preceptor works with the student to assist the student in acquiring new competencies required for safe, ethical and quality practice. They assist the student by setting expectations, providing effective feedback about their performance, and providing appropriate opportunities to meet the student and course objectives.
(f) "Hospital" shall mean any Mississippi licensed general acute care hospital and Mississippi licensed long-term care facility that provides a nursing preceptor program to nursing students enrolled at any two-year nursing program operated by the Mississippi Community College Board.
(3) On or before July 1, 2022, the office shall promulgate interim rules and regulations necessary to administer the Nursing Preceptor Grant Program prescribed under this act, including application procedures and deadlines. The office shall allow for a fifteen-day comment period before finalizing the rules and regulations. In addition, the office shall determine the duration of the grant awards and the issuance of additional rounds of grants.
(4) For the first round of the grant awards, or for future rounds of grant awards for hospitals who did not receive a grant award, the office shall receive applications from any hospital, which shall include, but not be limited to, the following:
(a) The number of preceptors the hospital intends to provide the premium payment;
(b) The estimated hours the preceptors will train students;
(c) The number of students trained at their hospital;
(d) A certification that the premium payments will only be applied to the time spent with students and meets the guidelines of ARPA; and its implementing guidelines, guidance, rules, regulations and/or other criteria, as may be amended or supplemented from time to time, by the United States Department of the Treasury; and all applicable guidance issued by the department; and
(e) Any additional requirements as set by the office.
(5) For any future rounds of grant awards, the office shall receive applications from any hospital, which shall include, but not be limited to, the following:
(a) The number of preceptors the hospital intends to provide the premium payment;
(b) The retention rate of preceptors who received premium payment at the hospital;
(c) The estimated hours the preceptors will train students;
(d) The actual number of hours preceptors trained students;
(e) The number of students trained at their hospital;
(f) A certification that the premium payments will only be applied to the time spent with students and meets the guidelines of ARPA; and its implementing guidelines, guidance, rules, regulations and/or other criteria, as may be amended or supplemented from time to time, by the United States Department of the Treasury; and all applicable guidance issued by the department; and
(g) Any additional requirements as set by the office.
(6) Applications shall be reviewed and scored by the office. The office shall certify that each application submitted is an allowable expense as defined in ARPA and all applicable guidance issued by the department. The office shall award grants to hospitals based on what the office determines is the most significant impact on retaining and recruiting additional nursing preceptors in order to train the increasing number of students. Grant agreements shall be executed between the hospital and the office. All final awards will be determined at the discretion of the executive director of the office. Funds shall be made available to a hospital upon the execution of a grant agreement between the office and the approved hospital. All grant awards received by the hospital shall be paid to preceptors as premium payment for the hours working with students.
(7) The hospital may be required to repay the office for any premium payment not consistent with the guidelines of ARPA; and its implementing guidelines, guidance, rules, regulations and/or other criteria, as may be amended or supplemented from time to time, by the United States Department of the Treasury; and all applicable guidance issued by the office. Any repayment of funds under this act shall be transferred or deposited into the Mississippi Nursing Preceptor Grant Program Fund.
(8) For purposes of the Public Employees' Retirement System of Mississippi, the premium pay provided under this section shall not be considered earned compensation, as defined in Section 25-11-103(k).
(9) The office shall submit to the Joint Legislative Budget Committee by October 1 of each year an annual report. The report shall contain, at a minimum, the hospitals that submitted applications, the score of the applications, the amount of grant funds awarded to each hospital, the amount of grant funds expended by each hospital, the number of preceptors paid, the retention of these preceptors by the hospitals, the number of nursing students trained.
(10) There is hereby created in the State Treasury a special fund to be known as the "Mississippi Nursing Preceptor Grant Program Fund" which shall consist of funds appropriated by the Legislature from State Recovery Funds or other funds as determined by the Legislature. Unexpended amounts remaining of any monies in the fund at the end of the fiscal year shall not lapse into the Coronavirus State Fiscal Recovery Fund or the State General Fund, and any interest earned on amounts in the fund shall remain in the fund. The expenditure of monies in the Mississippi Nursing Preceptor Grant Program Fund shall be under the direction of the Office of Workforce Development for the purposes prescribed to them in this section.
SECTION 5. (1) There is created the Mississippi Health Science Training Infrastructure Grant Program, the purpose of which is to provide a reimbursable grant for health science training infrastructure at any Mississippi Community College, institution of higher learning, or any member of the Mississippi Association of Independent Colleges and Universities. This act shall be subject to the availability of funds appropriated by the Legislature utilizing Coronavirus State Fiscal Recovery Funds made available under the federal American Rescue Plan Act of 2021 (ARPA) or any other funds appropriated by the Legislature.
(2) For purposes of this section, unless the context requires otherwise, the following terms shall have the meanings ascribed:
(a) "Applicant" shall mean any Mississippi Community College, institution of higher learning, or any member of the Mississippi Association of Independent Colleges and Universities that has a nursing school.
(b) "Health science training infrastructure" shall mean any infrastructure that is eligible under ARPA that assists with the training of all of the following students: nurses, doctors, paramedics, pharmacists and public health students.
(c) "ARPA" shall mean the federal American Rescue Plan Act of 2021, Public Law 117-2, which amends Title VI of the Social Security Act.
(d) "State Recovery Funds" shall mean Coronavirus State Fiscal Recovery Funds awarded through Section 602, Title VI of the Social Security Act amended by Section 9901 of the federal American Rescue Plan Act of 2021, Public Law 117-2.
(e) "Office" shall mean the Office of Workforce Development as established in Section 37-153-7.
(3) On or before July 1, 2022, the office shall promulgate rules and regulations necessary to administer the Mississippi Health Science Training Infrastructure Grant Program prescribed under this act, including application procedures and deadlines. The Department of Finance and Administration Bureau of Building, Grounds, and Real Property Management is authorized and directed to advise the office regarding all such rules and regulations.
(4) The office shall receive applications submitted by the applicants, which shall include, but not be limited to, the following:
(a) A detailed description and the cost of the health sciences training infrastructure requested;
(b) The number and type of health science students currently trained at the applicant's school;
(c) The estimated increase in the number of health science students to be trained at the applicant's school after the completion of the health science training infrastructure;
(d) A certification that the health science training infrastructure meets the guidelines of ARPA; and its implementing guidelines, guidance, rules, regulations and/or other criteria, as may be amended or supplemented from time to time, by the United States Department of the Treasury; and all applicable guidance issued by the department; and
(e) Any additional requirements as set by the office.
(5) Applications shall be reviewed and scored by the office. The office shall certify that each application submitted is an allowable expense as defined in ARPA and all applicable guidance issued by the department. The Department of Finance and Administration Bureau of Building, Grounds and Real Property Management is authorized and directed to advise the office as to the estimated cost and eligibility of the health science training infrastructure projects. The office shall award the grant(s) to the applicant(s) based on what health science training infrastructure project the office determines has the most significant impact on increasing the number of health science students trained in Mississippi. In reviewing the applications, the office shall give preference to any applicant proposing to train Doctors of Osteopathic Medicine (DO). Grant agreement(s) shall be executed between the applicant(s) and the office. All final awards will be determined at the discretion of the executive director of the office. Funds shall be made available to the applicant(s) upon the execution of a grant agreement between the office and the approved applicant(s). The office shall provide these funds to the applicant(s) on a reimbursable basis after receiving support for expenses and determining that they meet the grant award criteria.
(6) The applicant(s) may be required to repay the State of Mississippi for any grant funds awarded not consistent with the guidelines of ARPA; and its implementing guidelines, guidance, rules, regulations and/or other criteria, as may be amended or supplemented from time to time, by the United States Department of the Treasury; and all applicable guidance issued by the office.
(7) The office shall submit to the Joint Legislative Budget Committee by October 1 of each year an annual report. The report shall contain, at a minimum, the submitted applications, the score of the applications, the amount of grant funds awarded to each applicant(s), the amount of grant funds expended by each applicant(s), the status of the health science training infrastructure, the number of students currently trained at the applicant(s) nursing school, the estimated increase in the number of students to be trained at the applicant(s) nursing school.
(8) There is hereby created in the State Treasury a special fund to be known as the "Mississippi Health Science Training Infrastructure Grant Program Fund" which shall consist of funds appropriated by the Legislature from State Recovery Funds or other funds as determined by the Legislature. Unexpended amounts of any monies remaining in the fund at the end of the fiscal year shall not lapse into the Coronavirus State Fiscal Recovery Fund or the State General Fund, and any interest earned on amounts in the fund shall remain in the fund. The expenditure of monies in the Mississippi Health Science Training Infrastructure Grant Program Fund shall be under the direction of the Office of Workforce Development of the Mississippi Department of Employment Security for the purposes prescribed to them in this section.
SECTION 6. The Office of Workforce Development shall certify to the Department of Finance and Administration that each expenditure of the funds appropriated to the office under this act is in compliance with the guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies from the State Coronavirus State Fiscal Recovery Fund in Section 9901 of the American Rescue Plan Act of 2021 (Public Law No. 117-1).
SECTION 7. (1) (a) All monies disbursed from the Mississippi Healthcare Workforce Development Program Fund, the Mississippi Nursing Preceptor Grant Program Fund and the Mississippi Health Science Training Infrastructure Grant Program Fund shall be in compliance with the guidelines, guidance, rules, regulations or other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies from the Coronavirus State Fiscal Recovery Fund, established by the American Rescue Plan of 2021.
(b) If there are unobligated Coronavirus State Fiscal Recovery Fund monies remaining in the Mississippi Healthcare Workforce Development Program Fund, the Mississippi Nursing Preceptor Grant Program Fund or the Mississippi Health Science Training Infrastructure Grant Program Fund on the later of December 17, 2024, or fourteen (14) days prior to the fund obligation deadline provided by the federal government, the Department of Finance and Administration shall transfer these unobligated balances to the Coronavirus State Fiscal Recovery Fund. The Department of Finance and Administration shall then transfer the unobligated balance of Coronavirus State Fiscal Recovery Funds from the Coronavirus State Fiscal Recovery Fund to the State and School Employees' Life and Health Insurance Fund for an amount not to exceed the lesser of Sixty Million Dollars ($60,000,000.00) or the amount of allowable ARPA expenditures, by no later than December 31, 2024, or on the date of the fund obligation deadline provided by the federal government. The Department of Finance and Administration shall then transfer all remaining unobligated balances of Coronavirus State Fiscal Recovery Funds from the Coronavirus State Fiscal Recovery Fund to the Unemployment Compensation Fund up to the ARPA allowable amount, by no later than December 31, 2024, or on the date of the fund obligation deadline provided by the federal government. (2) The use of funds allocated under this program shall be subject to audit by the United States Department of the Treasury's Office of Inspector General and the Mississippi Office of the Auditor. Each person receiving funds under these programs found to be fully or partially noncompliant with the requirements in this act shall return to the state all or a portion of the funds received.
SECTION 8. If any section, paragraph, sentence, clause, phrase or part of this act is declared to be in conflict with federal law, or if for any reason is declared to be invalid or of no effect, the remaining sections, paragraphs, sentences, clauses, phrases or parts thereof shall be in no matter affected thereby but shall remain in full force and effect.
SECTION 9. This act shall take effect and be in force from and after its passage and shall stand repealed on July 1, 2026.