MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Public Health and Human Services

By: Representative Mims

House Bill 1129

(As Sent to Governor)

AN ACT TO AMEND SECTIONS 41-123-1, 41-123-3, 41-123-5, 41-123-7, 41-123-9, AND 41-123-11, MISSISSIPPI CODE OF 1972, TO TRANSFER THE OFFICE OF MISSISSIPPI PHYSICIAN WORKFORCE FROM THE UNIVERSITY OF MISSISSIPPI MEDICAL CENTER TO THE STATE DEPARTMENT OF HEALTH; TO BRING FORWARD SECTION 41-123-13, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 41-123-1, Mississippi Code of 1972, is amended as follows:

     41-123-1.  There is established the Office of Mississippi Physician Workforce within the * * *University of Mississippi Medical Center (UMMC) State Department of Health for the purpose of overseeing the physician workforce development and needs, both in numbers and distribution, of the State of Mississippi.  The office shall have a director, who must be a physician licensed in the State of Mississippi and who shall be appointed by the State Health Officer.  In addition, the office shall have a researcher to assist the director in collecting and analyzing data concerning the physician workforce needs of Mississippi and other necessary staff to assist in its work.  The office shall have the following duties, at a minimum:

          (a)  Assessing the current numbers, ages, types of practice, hospital affiliations, and geographic distribution of physicians in each medical specialty in Mississippi;

          (b)  Assessing the current and future physician workforce needs of the State of Mississippi;

          (c)  Assisting in the creation and/or support of Accreditation Council for Graduate Medical Education (ACGME) accredited GME training programs in the State of Mississippi based on needs analysis and criteria established by the office and the advisory board while maintaining a strong and continued priority focus on family medicine.  This support may include the awarding of state financial assistance as available, for the creation or support of family medicine residencies and other GME programs approved by the advisory board;

          (d)  Encouraging the development of an adequate and geographically distributed physician workforce in all specialties for the State of Mississippi with an evolving strategic plan; and

          (e)  Providing an annual report to the Governor * * *, and the Legislature * * *,the State Board of Health, and the Board of Trustees of State Institutions of Higher Learning on the current status of the physician workforce and training programs in Mississippi.

     SECTION 2.  Section 41-123-3, Mississippi Code of 1972, is amended as follows:

     41-123-3.  (1)  The Office of Mississippi Physician Workforce shall be administered by * * *UMMC the State Department of Health.  An advisory board shall be created to assist * * *UMMC the department in achieving the purpose of this chapter to be known as the "Mississippi Physician Workforce Advisory Board."  The advisory board shall be composed of the following members:

          (a)  The Chairman of the State Board of Health or his or her designee.

 * * *  (b)  The State Health Officer.

          ( * * *cb)  Two (2) physicians appointed by and from the membership of the Mississippi State Medical Association for a term of three (3) years.  Any member appointed under this paragraph may be reappointed for two (2) additional terms.

          ( * * *dc)  Two (2) physicians appointed by and from the membership of the Mississippi Academy of Family Physicians for a term of three (3) years.  Any member appointed under this paragraph may be reappointed for two (2) additional terms.

          ( * * *ed)  One (1) physician appointed by and from the membership of each of the following organizations, whose terms shall be for three (3) years and who may be reappointed for two (2) additional terms:

              (i)  Mississippi Osteopathic Medical Association;

              (ii)  Mississippi Chapter, American College of Physicians;

              (iii)  Mississippi Chapter, American Academy of Pediatrics;

              (iv)  Mississippi Chapter, American College of OB-GYN; and

              (v)  Mississippi Medical and Surgical Association.

          ( * * *fe)  Two (2) physician designees of the Dean of the University of Mississippi School of Medicine, who will serve at the will and pleasure of the dean.  One (1) of the members appointed under this paragraph must be responsible for Graduate Medical Education at the University of Mississippi School of Medicine.

          ( * * *gf)  The Chair of the Department of Family Medicine at the University of Mississippi School of Medicine.

          ( * * *hg)  A member of the State Board of Medical Licensure, who will serve at the will and pleasure of that board.

          ( * * *ih)  * * *One (1) physician Two (2) designees of the Dean of the William Carey * * * School of University College of Osteopathic Medicine, who will serve at the will and pleasure of the dean.  One (1) of the designees shall be responsible for GME.

          ( * * *ji)  One (1) representative of the Mississippi Economic Council appointed by the president of the council, and who will serve at the will and pleasure of the president.

          ( * * *kj)  One (1) representative of the Mississippi Development Authority appointed by the executive director of the authority, who will serve at the will and pleasure of the executive director.

          ( * * *lk)  One (1) representative of the Mississippi Hospital Association, who will serve at the will and pleasure of the association.

          ( * * *ml)  Two (2) representatives of the * * *Mississippi Primary Health Care Association Community Health Center Association of Mississippi (CHCAM), who will serve at the will and pleasure of the association.

     (2)  Vacancies on the advisory board must be filled in a manner consistent with the original appointments.

     (3)  * * *All appointments to the advisory board must be made no later than July 10, 2012.  After a majority of the members are appointed, the advisory board shall meet on a date mutually agreed upon by a majority of the members for the purposes of organizing The advisory board * * *and establishing shall establish rules for transacting its business.  A majority of the members of the advisory board shall constitute a quorum at all advisory board meetings.  An affirmative vote of a majority of the members present and voting shall be required in the making of recommendations by the advisory board.  * * *At the organizational meeting, The advisory board shall elect a chair and vice chair from * * *the among its members * * * appointed according to paragraphs (a) through (l) of subsection (1).  The chair shall serve for a term of two (2) years, upon the expiration of which the vice chair shall assume the office of chair.

     (4)  * * *After the organizational meeting, The advisory board shall hold no less than two (2) meetings annually.

     (5)  The advisory board may form an executive committee for the purpose of transacting business that must be conducted before the next regularly scheduled meeting of the advisory board.  All actions taken by the executive committee must be ratified by the advisory board at its next regularly scheduled meeting.

     (6)  Members of the advisory board shall serve without compensation, but may be reimbursed, subject to the availability of funding, for mileage and actual and necessary expenses incurred in attending meetings of the advisory board, as provided in Section 25-3-41.

     (7)  The advisory board shall be housed at the * * *University of Mississippi Medical Center State Department of Health.

     SECTION 3.  Section 41-123-5, Mississippi Code of 1972, is amended as follows:

     41-123-5.  The Office of Mississippi Physician Workforce shall have the following powers and duties, at a minimum:

          (a)  Developing the administrative policy for the advisory board and the office * * * of Mississippi Physician Workforce;

          (b)  Developing and implementing strategies and activities for the office and for the implementation of an evolving strategic plan to provide for the physician workforce needs of Mississippi.  In developing these strategies, the Office of Mississippi Physician Workforce and the advisory board shall seek the input of various organizations and entities including the Mississippi State Medical Association, the Mississippi Academy of Family Physicians, the Mississippi Chapters of the American College of Physicians, American Academy of Pediatrics, and American College of OB-GYN, the Mississippi Medical and Surgical Association, and the Mississippi Osteopathic Medicine Association;

          (c)  Establishing a budget to support the activities of the office and periodically reviewing and if appropriate, revising, that budget to meet its mission; and

          (d)  * * *Selecting, hiring and supervising the Director of the Office of Mississippi Physician Workforce;

  (e)  Reviewing the activities of the office and guiding the office in accomplishing the strategic goal of providing Mississippi's physician workforce needs.

     SECTION 4.  Section 41-123-7, Mississippi Code of 1972, is amended as follows:

     41-123-7.  (1)  The advisory board shall recommend policies and procedures for the awarding of state funding that creates and/or provides sustaining support for the desired number of ACGME accredited Family Medicine residency programs and other valued and needed fellowships and ACGME residencies approved by the advisory board that will accept both M.D. and D.O. students or trainees.

     (2)  * * *UMMC Office of Mississippi Physician Workforce, with the input of the advisory board, shall have the authority to award financial support, from funds specifically appropriated for that purpose by the Legislature, of up to Three Million Dollars ($3,000,000.00) to any hospital or entity with demonstrated commitment and resources, as determined by * * *UMMC office, with input from the advisory board, to establish and operate an ACGME accredited Family Medicine residency program or other GME programs or fellowships qualifying under subsection (1) of this section.  The funds will be dispersed at the determination of * * *UMMC office, with input from the advisory board, and may include start-up funding and/or provide sustaining support for residency programs.

     (3)  Each applicant for state financial support for creation of an ACGME residency program or fellowship as authorized under this section must submit an application to * * *UMMC through the office * * * of Mississippi Physician Workforce that conforms to requirements established by this chapter and by * * *UMMC the office, with input from the advisory board.

     (4)  In selecting recipients for state financial support authorized under this section, following criteria and recommendations from the advisory board, * * *UMMC the office may use its discretion to award funding based on demographic needs and the future success of the residency program.

     (5)  An applicant for state financial support for creation of an ACGME accredited residency or fellowship program may receive funding only upon approval of * * *UMMC office, with input from the advisory board.

     SECTION 5.  Section 41-123-9, Mississippi Code of 1972, is amended as follows:

     41-123-9.  (1)  Hospitals, other entities and/or residency programs must adhere to the policies and practices as stipulated by the Office of Mississippi Physician Workforce to continue receiving state financial support under this chapter.

     (2)  Hospitals, other entities and/or residency programs may receive state financial support that may be provided by the office * * * of Mississippi Physician Workforce pursuant to this chapter.  Any financial support awarded by the office * * * of Mississippi Physician Workforce must be used for only the creation or support of a residency or * * * for residency fellowship's operational expenses, or the recipient will be liable for repayment of any financial support received under this chapter.

     SECTION 6.  Section 41-123-11, Mississippi Code of 1972, is amended as follows:

     41-123-11.  Any residency program or fellowship established with state financial support must at a minimum be capable of accepting students or trainees from both allopathic and osteopathic medical schools that are accredited by the Liaison Committee on Medical Education (LCME) or the Commission on Osteopathic College Accreditation (COCA) of the American Osteopathic Association (AOA).

     SECTION 7.  Section 41-123-13, Mississippi Code of 1972, is brought forward as follows:

     41-123-13.  Funding for the operation of the Office of Mississippi Physician Workforce and the Mississippi Physician Workforce Advisory Board, including the salary of the director of the office and all necessary staff, shall be paid from funds specifically appropriated for that purpose by the Legislature.

     SECTION 8.  This act shall take effect and be in force from and after July 1, 2024.