Senate Bill 3010

(As Sent to Governor)

AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE UNIVERSITY OF MISSISSIPPI MEDICAL CENTER FOR FISCAL YEAR 2023.

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

SECTION 1. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the University of Mississippi Medical Center for the fiscal year beginning July 1, 2022, and ending June 30, 2023 $ 177,211,048.00.

SECTION 2. The following sum of money, or so much thereof as may be necessary, is hereby authorized and approved for expenditure out of the proceeds derived from patient fees, student fees or any other special source funds which are collected by or otherwise become available, for the support and maintenance of the University of Mississippi Medical Center for the fiscal year beginning July 1, 2022, and ending June 30, 2023..................................................

............................................ $ 1,757,267,199.00.

SECTION 3. With the funds appropriated and authorized for expenditure under the provisions of Sections 1 and 2 of this act, the University of Mississippi Medical Center shall maintain the School of Medicine, the School of Dentistry, the School of Nursing, the School of Health Related Professions, the School of Population Health, the Teaching Hospital and the Medical Center Service Area. The University of Mississippi Medical Center shall prepare and make available to the Legislature an accounting of expenditures for each of the divisions listed in this section at the beginning of the legislative session.

SECTION 4. Due to critical nurse shortages and staffing, it is the intention of the Legislature to enhance recognition of excellence and expand the experience factor in attracting qualified registered nurses.

SECTION 5. Of the funds appropriated in Section 1 of this act, and the funds authorized to be expended in Section 2 of this act, none may be used to provide medical services on behalf of any state agency, institution or political subdivision, except to the extent that such agency, institution or political subdivision reimburses the hospital for the cost of the services provided. Upon the rendering of medical services to any such agency, institution or political subdivision, the hospital shall issue an invoice for the charges which shall be paid within ninety (90) days. In the event that payment is not made within ninety (90) days, the hospital shall discontinue providing services to that agency, institution or political subdivision until all outstanding charges have been paid.

SECTION 6. Any funds appropriated pursuant to this act and paid as a fee to or deposited in a financial institution shall be in compliance with Section 109 of the Constitution of the State of Mississippi and Section 25-4-105, Mississippi Code of 1972.

SECTION 7. It is the intention of the Legislature that the University of Mississippi Medical Center's budget request for Fiscal Year 2024 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2023 budget request process.

SECTION 8. Of the funds appropriated in Section 2 of this act, the following sums, or so much of those sums as may be necessary, are derived out of any money in the State Treasury to the credit of the Education Enhancement Fund pursuant to Sections 27-65-75 and 27-67-31, Mississippi Code of 1972, as follows:

(a) Education activities or scholarships $ 6,888,029.00.

(b) Rural Physicians Scholarship Program $ 340,000.00.

SECTION 9. Of the funds appropriated under the provisions of Section 2 of this act, Two Million Three Hundred Eighty Thousand Four Hundred Thirty-one Dollars ($2,380,431.00) shall be derived from the Health Care Expendable Fund created in Section 43-13-407, Mississippi Code of 1972, for the support and maintenance of the University of Mississippi Medical Center.

SECTION 10. Of the funds appropriated under the provisions of Sections 1 and 2 of this act, the sum of Four Hundred Twenty Thousand Dollars ($420,000.00) is hereby provided for scholarships for the Rural Dentists Scholarship Program as described in House Bill 776, 2013 Regular Session.

SECTION 11. It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference. A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids.

SECTION 12. Of the funds appropriated in Sections 1 and 2 of this act, Two Million One Hundred Seventy Thousand Dollars ($2,170,000.00) is hereby provided for scholarships for the Rural Physicians Scholarship Program as described in House Bill 1465, 2007 Regular Session. Of this amount, Thirty-five Thousand Dollars ($35,000.00) is provided for a Psychiatrist Scholarship as described in Senate Bill 2524, 2019 Regular Session.

SECTION 13. Of the funds appropriated under the provisions of Sections 1 and 2 of this act, Seven Hundred Fifty Thousand Dollars ($750,000.00) shall be derived from the State General Fund and Four Million Two Hundred Fifty Thousand Dollars ($4,250,000.00) shall be derived from any special source funds collected by or otherwise become available for the support and maintenance of the University of Mississippi Medical Center for the University of Mississippi Medical Center Cancer Institute.

SECTION 14. Of the funds appropriated in Section 2 of this act, Five Hundred Ninety-five Thousand Dollars ($595,000.00) is hereby appropriated for A Comprehensive Tobacco (ACT) Center at the University of Mississippi Medical Center.

SECTION 15. Of the funds appropriated in Sections 1 and 2 of this act, One Million Three Hundred Eighty-two Thousand Two Hundred Fifty Dollars ($1,382,250.00) is provided for the Office of Mississippi Physician Workforce as described in House Bill 317, 2012 Regular Session.

SECTION 16. None of the funds appropriated and/or authorized for expenditure under this act shall be used for research that kills or destroys an existing human embryo.

SECTION 17. Of the funds appropriated under the provisions of Section 1 of this act, One Million Three Hundred Forty-nine Thousand Nine Hundred Ninety-eight Dollars ($1,349,998.00) shall be provided from General Funds and shall be provided to the Center of Excellence at the Blair E. Batson Hospital for Children for the care of abused and neglected children, and expended to improve, enlarge and/or construct the physical facilities of the Children's Safe Center and for support and maintenance of the center.

SECTION 18. It is the intention of the Legislature that the funds herein appropriated shall be expended in compliance with Section 27-104-25, Mississippi Code of 1972, that no state agency shall incur obligations or indebtedness in excess of their appropriation and that the responsible officers, either personally or upon their official bonds, shall be held responsible for actions contrary to this provision.

SECTION 19. Of the funds appropriated in Sections 1 and 2 of this act, Two Hundred Eighty Thousand Eight Hundred Forty-eight Dollars ($280,848.00) is provided for the administration of the Rural Physicians Scholarship Program and the Rural Dentists Scholarship Program.

SECTION 20. Of the funds appropriated under the provisions of Section 1 of this act, Three Million Dollars ($3,000,000.00) shall be provided to the MIND Center at the University of Mississippi Medical Center.

SECTION 21. It is the intention of the Legislature that any cash balances at the Office of Physician Workforce, the Children's Safe Center, and the MIND Center shall only be spent in support of those divisions.

SECTION 22. Of the funds appropriated in Section 1 of this act, One Million Two Hundred Thousand Dollars ($1,200,000.00) shall be provided for the Child Health and Developmental Promotion (CHDP) Fellowship Program.

SECTION 23. Of the funds appropriated under the provisions of Section 2 of this act, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Coronavirus State Fiscal Recovery Lost Revenue Fund not otherwise appropriated to the credit of the University of Mississippi Medical Center............................... $ 55,000,000.00.

These funds are provided for the purpose of constructing a new nursing school at the University of Mississippi Medical Center as allowable under Section 9901 of the American Rescue Plan Act of 2021 (ARPA) or any guidance or regulation issued by the United States Department of the Treasury in conformity therewith.

SECTION 24. (1) Of the funds appropriated under the provisions of Section 2 of this act, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Coronavirus State Fiscal Recovery Fund not otherwise appropriated to the credit of the University of Mississippi Medical Center....................................... $ 50,000,000.00.

These funds are provided for the purpose of completing capital improvements to the patient care facilities and operating suites of the Adult Hospital at the University of Mississippi Medical Center as allowable under Section 9901 of the American Rescue Plan Act of 2021 (ARPA) or any guidance or regulation issued by the United States Department of the Treasury in conformity therewith.

(2) None of the funds provided under this section shall be used to pay employee premium payments.

(3) The agency shall not disburse any funds provided under this section to any recipient without first: (a) making an individualized determination that the reimbursement sought is, in the agency's independent judgment, for necessary expenditures eligible under Section 602 of the federal Social Security Act as added by Section 9901 of the federal American Rescue Plan Act of 2021 (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 (b) determining that the recipient has not received and will not receive reimbursement for the expense in question from any source of funds, including insurance proceeds, other than those funds provided under Section 602 of the federal Social Security Act as added by Section 9901 of ARPA. In addition, the agency shall ensure that all funds provided under this section are disbursed in compliance with the Single Audit Act (31 USC Sections 7501-7507) and the related provisions of the Uniform Guidance, 2 CFR Section 200.303 regarding internal controls, Sections 200.330 through 200.332 regarding subrecipient monitoring and management, and subpart F regarding audit requirements.

(4) As a condition of receiving and expending the funds provided to the agency under this section, the agency shall certify to the Department of Finance and Administration that each expenditure of the funds provided to the agency under this section complies 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 Coronavirus State Fiscal Recovery Fund established by ARPA.

(5) If the Office of Inspector General of the United States Department of the Treasury, or the Office of Inspector General of any other federal agency having oversight over the use of monies from the Coronavirus State Fiscal Recovery Fund established by ARPA (a) determines that the agency or recipient has expended or otherwise used any of the funds provided to the agency under this section for any purpose that is not 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 Coronavirus State Fiscal Recovery Fund established by the ARPA, and (b) the State of Mississippi is required to repay the federal government for any of those funds that the Office of the Inspector General determined were expended or otherwise used improperly by the agency or recipient, then the agency or recipient that expended or otherwise used those funds improperly shall be required to pay the amount of those funds to the State of Mississippi for repayment to the federal government.

SECTION 25. The following sum, or so much thereof as may be necessary, is reappropriated out of any money in the Capital Expense Fund not otherwise appropriated, for the University of Mississippi Medical Center for the purpose of reauthorizing the expenditure of Capital Expense Funds for the Asylum Hill Project, as authorized in SB 2912, 2021 Regular Session, for the fiscal year beginning July 1, 2022, and ending June 30, 2023..................................................

............................................ $ 3,681,530.00.

Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the unexpended balance of June 30, 2022.

SECTION 26. The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers, in the manner provided by law.

SECTION 27. This act shall take effect and be in force from and after July 1, 2022.