House Bill 215

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 from the department to award premium pay to eligible employees using any funds available to the department which are not prohibited by law from being expended for such purposes.

(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) "Department" means the State Department of Health.

(b) "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.

(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.

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

(e) "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, 2025, 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 the program. 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.

(5) 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, 2025.

(6) 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.

(7) This section shall stand repealed on July 1, 2028.

SECTION 2. This act shall take effect and be in force from and after July 1, 2025.