House Bill 577

AN ACT TO CREATE A HAZARD PAY FOR ESSENTIAL HEALTH CARE WORKERS GRANT PROGRAM, TO BE ADMINISTERED BY THE STATE DEPARTMENT OF HEALTH, TO PROVIDE $1,500 IN PREMIUM PAY FOR ESSENTIAL HEALTH CARE WORKERS WHO PERFORM JOBS IN PUBLIC SETTINGS AT HEIGHTENED RISK OF EXPOSURE TO COVID-19; TO DEFINE CERTAIN TERMS; TO REQUIRE THE DEPARTMENT TO ESTABLISH A PROCEDURE FOR EMPLOYERS OF ESSENTIAL HEALTH CARE WORKERS TO APPLY FOR GRANT FUNDS; TO REQUIRE THE DEPARTMENT TO SUBMIT AN ANNUAL REPORT ON THE PROGRAM TO THE LEGISLATIVE BUDGET COMMITTEE; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The State Department of Health shall establish a Hazard Pay for Essential Health Care Workers Grant Program to provide premium pay of One Thousand Five Hundred Dollars ($1,500.00) to essential health care workers who perform jobs in public settings that require exposure to COVID-19. Under the program, an essential work employer may apply for a grant to award premium pay to eligible employees using Coronavirus State Fiscal Recovery Funds made available under the federal American Rescue Plan Act (ARPA). The program will be funded from appropriations by the Legislature to the department from the Coronavirus State Fiscal Recovery Fund.

(2) As used in this act, the following words and phrases have the meanings ascribed in this subsection unless the context clearly requires otherwise:

(a) "ARPA" means the federal American Rescue Plan Act of 2021, Public Law 117-2, which amends Title VI of the Social Security Act.

(b) "ARPA funds" means Coronavirus State Fiscal Recovery Funds awarded through Section 602 of Title VI of the Social Security Act, as amended by Section 9901 of the federal American Rescue Plan Act of 2021, Public Law 117-2.

(d) "Essential health care worker" means a licensed social worker, clinical worker, certified nurse assistant, aide, technician, janitorial staff, housekeeping staff, security guard, food service worker, laundry worker, nonmanagerial administrative staff or any other employee in a health care setting who performs work in a job or environment that subjects the employee to an elevated risk of being exposed to, directly or indirectly, or contracting COVID-19.

(e) "Essential work" means any work that:

(i) Is not performed while teleworking from a residence; and

(ii) 1. Involves regular in-person interactions with patients, the public or coworkers of the individual performing the work; or

2. Involves regular physical handling of items that were handled by, or are to be handled by, patients, the public or coworkers of the individual performing the work.

(f) "Essential work employer" means an employer who employs, or provides remuneration for services or labor to an essential health care worker.

(g) "Program" means the Hazard Pay for Essential Health Care Workers Grant Program.

(3) To qualify for premium pay, an essential health care worker must have an annual income of Seventy-five Thousand Dollars ($75,000.00) or less and must perform essential work.

(4) The department shall administer the grant program and review grant applications from essential work employers. As soon as practicable after July 1, 2024, the department shall promulgate rules and regulations establishing a process and deadlines for receiving grant applications and determining whether or not the requirements for approval of the application are met. Applications must be reviewed, and the department must make a determination that a request for a grant is eligible under ARPA and all applicable guidance issued by the United States Department of the Treasury. If an essential work employer is eligible to receive funds, a grant agreement must be executed not more than seven (7) days after approval is granted with respect to that employer. Upon execution of the agreement, the department shall allocate the funding to the employer. All awards must be determined at the discretion of the executive director of the department. The department may set aside three percent (3%) of the grant funds for administrative costs.

(5) As a condition of receiving and expending the funds appropriated to the department under this act, the department shall certify to the Department of Finance and Administration that each expenditure of the funds appropriated to the department 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 the American Rescue Plan Act 223 of 2021.

(6) Grant funds must be used prospectively: grants may not be used to cover the costs associated with any payment of hazard pay made to essential health care workers before July 1, 2024.

(7) 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 the American Rescue Plan Act of 2021 (a) determines that the department or recipient has expended or otherwise used any of the funds appropriated to the department 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 American Rescue Plan Act of 2021, 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 department or recipient, then the department or recipient that expended or otherwise used those funds improperly will be required to pay the amount of those funds to the State of Mississippi for repayment to the federal government.

(8) Before October 1 of each year, the department shall submit to the Joint Legislative Budget Committee an annual report about the program. The report must contain, at a minimum, the applications received and the amount of grant funds awarded to each applicant.

(9) Grant funds received under this section must be obligated no later than December 31, 2024, and must be expended no later than December 31, 2026, if the United States Congress does not enact an extension of the deadline on the availability of ARPA funds.

(10) This section shall stand repealed on July 1, 2027.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.