2026 Regular Session
To: Public Health and Human Services
By: Representative Scott
AN ACT TO CREATE THE FETAL AND INFANT MORTALITY REVIEW PANEL TO REVIEW FETAL DEATHS AND DEATHS OF INFANTS UP TO ONE YEAR OF AGE AND ESTABLISH STRATEGIES TO PREVENT INFANT DEATHS; TO PROVIDE THAT THE REVIEW PANEL SHALL BE MULTIDISCIPLINARY AND COMPOSED OF SUCH MEMBERS AS DEEMED APPROPRIATE BY THE STATE DEPARTMENT OF HEALTH; TO REQUIRE THE REVIEW PANEL TO SUBMIT A REPORT ANNUALLY TO THE HOUSE AND SENATE PUBLIC HEALTH COMMITTEES THAT INCLUDE THE NUMBERS, CAUSES AND RELEVANT DEMOGRAPHIC INFORMATION ON INFANT MORTALITY DEATHS IN MISSISSIPPI, AND APPROPRIATE RECOMMENDATIONS TO THE LEGISLATURE ON HOW TO MOST EFFECTIVELY DIRECT STATE RESOURCES TO DECREASE INFANT MORTALITY IN THE STATE; TO REQUIRE THAT DATA SHALL BE PROVIDED TO THE REVIEW PANEL BY THE STATE MEDICAL EXAMINER'S OFFICE, STATE DEPARTMENT OF HEALTH, DEPARTMENT OF HUMAN SERVICES, MEDICAL EXAMINERS, CORONERS, HEALTH CARE PROVIDERS, LAW ENFORCEMENT AGENCIES, AND ANY OTHER AGENCIES OR OFFICIALS HAVING INFORMATION THAT IS NECESSARY FOR THE REVIEW PANEL TO CARRY OUT ITS DUTIES; TO REQUIRE PHYSICIANS, HOSPITALS AND PHARMACIES TO PROVIDE REASONABLE ACCESS TO THE REVIEW PANEL TO ALL RELEVANT MEDICAL RECORDS ASSOCIATED WITH A CASE UNDER REVIEW BY THE REVIEW PANEL; TO PROVIDE THAT INFORMATION, RECORDS AND PROCEEDINGS OF THE REVIEW PANEL ARE CONFIDENTIAL AND NOT SUBJECT TO THE OPEN MEETINGS ACT, THE PUBLIC RECORDS ACT OR SUBPOENA, DISCOVERY OR INTRODUCTION INTO EVIDENCE; TO AUTHORIZE THE REVIEW PANEL TO INITIATE ENFORCEMENT ACTIONS AGAINST AGENCIES OR OFFICIALS THAT DO NOT PROVIDE INFORMATION TO THE PANEL IN A COMPLETE AND TIMELY MANNER; TO AMEND SECTION 25-41-3, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; TO EXEMPT CERTAIN QUALITY ASSURANCE, QUALITY IMPROVEMENT, PERFORMANCE IMPROVEMENT, AND REVIEW RECORDS OF THE STATE DEPARTMENT OF HEALTH FROM THE PUBLIC RECORDS ACT; TO PROVIDE THAT SUCH RECORDS SHALL BE CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE, SUBPOENA, OR DISCOVERY; TO EXEMPT CERTAIN RADIOLOGICAL HEALTH AND RADIOACTIVE MATERIAL LICENSING INFORMATION FROM THE PUBLIC RECORDS ACT WHEN DISCLOSURE WOULD POSE A RISK TO PUBLIC HEALTH OR SECURITY; TO AMEND SECTION 25-41-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE DEPARTMENT OF HEALTH AND CERTAIN PANELS, COMMITTEES, SYSTEMS, OR PROGRAMS ESTABLISHED, DESIGNATED, ADMINISTERED, OR SUPPORTED BY THE DEPARTMENT FOR PURPOSES OF QUALITY ASSURANCE, QUALITY IMPROVEMENT, PERFORMANCE IMPROVEMENT, PEER REVIEW, PATIENT SAFETY, MORBIDITY OR MORTALITY REVIEW, OR SYSTEM EVALUATION TO CONDUCT CLOSED MEETINGS OR EXECUTIVE SESSIONS FOR THE DISCUSSION OF CONFIDENTIAL QUALITY ASSURANCE AND PERFORMANCE IMPROVEMENT MATTERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is created the Fetal and Infant Mortality Review Panel, whose primary purpose is to review fetal deaths and deaths of infants up to one (1) year of age and establish strategies to prevent infant deaths. The review panel shall be multidisciplinary and composed of such members as deemed appropriate by the State Department of Health. The review panel may develop subcommittees to carry out the panel's purposes.
(2) The chairman of the review panel shall be elected annually by the review panel membership. The review panel shall develop and implement such procedures and policies necessary for its operation, including obtaining and protecting confidential records from the agencies and officials specified in subsection (3) of this section to ensure successful completion of the ongoing review required by this section and procedures for notice, opportunity to cure, and enforcement for lack of compliance. The review panel shall be assigned to the State Department of Health for administrative purposes, and the department shall designate staff to assist the review panel.
(3) The review panel shall submit a report annually to the Chairmen of the House Public Health and Human Services Committee and the Senate Public Health and Welfare Committee on or before December 1. The report shall include the numbers, causes and relevant demographic information on infant mortality deaths in Mississippi, and appropriate recommendations to the Legislature on how to most effectively direct state resources to decrease infant mortality in Mississippi. Data for the review panel's review and reporting shall be provided to the review panel, upon the request of the review panel, by the State Medical Examiner's office, State Department of Health, Department of Human Services, medical examiners, coroners, health care providers, law enforcement agencies, and any other agencies or officials having information that is necessary for the review panel to carry out its duties under this section. The State Department of Health shall also be responsible for printing and distributing the annual report(s) on infant mortality in Mississippi.
(4) Physicians licensed under Section 73-25-1 et. seq., hospitals licensed under Section 41-9-1 et seq., and pharmacies licensed under Section 73-21-69 et seq., shall provide reasonable access to the review panel to all relevant medical records, including, but not limited to, medical records of the decedent and decedent's birth mother, associated with a case under review by the review panel.
(5) A physician, hospital or pharmacy providing access to medical records under this section shall not be held liable for civil damages or be subject to any criminal or disciplinary action for good faith efforts in providing such records.
(6) Information, records, reports, statements, notes, memoranda or other data collected under this section shall not be admissible as evidence in any action of any kind in any court or before any other tribunal, board, agency or person. Such information, records, reports, statements, notes, memoranda or other data shall not be exhibited nor their contents disclosed in any way, in whole or in part, by any officer or representative of the department or any other person, except as may be necessary for the purpose of furthering the review of the review panel of the case to which they relate. No person participating in such review shall disclose, in any manner, the information obtained except in strict conformity with such review project.
(7) All information, records of interviews, written reports, statements, notes, memoranda or other data obtained by the department, the review panel, and other persons, agencies or organizations authorized by the department under this section shall be confidential.
(8) All proceedings and activities of the review panel under this section, opinions of members of the review panel formed as a result of those proceedings and activities, and records obtained, created, or maintained under this section, including, but not limited to, records of interviews, written reports and statements procured by the department or any other person, agency or organization acting jointly or under contract with the department in connection with the requirements of this section, shall be confidential and shall not be subject to the Mississippi Open Meetings Act, Sections 25-41-1 through 25-41-17, relating to open meetings, the Mississippi Public Records Act of 1983, Sections 25-61-1 through 25-61-17, relating to open records, or subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding; however, nothing in this section shall be construed to limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and independently of the proceedings of the Review Panel.
(9) Members of the review panel shall not be questioned in any civil or criminal proceeding regarding the information presented in or opinions formed as a result of a meeting or communication of the review panel; however, nothing in this section shall be construed to prevent a member of the review panel from testifying to information obtained independently of the proceedings of the review panel or which is public information.
(10) (a) Any agencies or officials specified in subsection (3) of this section, or any officer, employee, or contractor acting on their behalf, in possession of records, data, or information requested by the review panel to carry out its duties under this section for the purpose of an infant death or near-death review shall, upon request, provide such information in a complete and timely manner as prescribed by the review panel.
For purposes of this section, "complete and timely" means production of all responsive records within the timeframe prescribed by the review panel, unless extended for good cause shown and documented in writing.
(b) Before initiating enforcement action, the review panel may provide written notice of noncompliance and allow a reasonable opportunity to cure, not to exceed ten (10) business days, unless delay would materially impair the review panel's duties.
(c) Failure to comply with a lawful request under this section within the specified timeframe or cure period, if applicable, shall subject the noncomplying agency, official, or entity to enforcement by the review panel or the State Department of Health through mandamus, injunctive relief, or other appropriate legal action. In any action brought to compel compliance, the reviewing court shall award to the prevailing party all reasonable costs incurred in enforcing compliance, including attorney's fees, court costs, and any other expenses reasonably related to the action.
(11) The State Department of Health may exercise any enforcement authority otherwise granted to it under Title 41 of the Mississippi Code, including, but not limited to, the authority to seek subpoenas, injunctive relief, mandamus, or other appropriate judicial remedies, to enforce compliance with this section.
(12) Nothing in this section shall be construed to authorize the review panel to impose licensure sanctions, civil penalties, or disciplinary action against any person or entity, except as expressly provided for enforcement of compliance with data requests under this section.
SECTION 2. Section 25-41-3, Mississippi Code of 1972, is amended as follows:
25-41-3. For purposes of this chapter, the following words shall have the meaning ascribed herein, to wit:
(a) "Public body" means any executive or administrative board, commission, authority, council, department, agency, bureau or any other policymaking entity, or committee thereof, of the State of Mississippi, or any political subdivision or municipal corporation of the state, whether the entity be created by statute or executive order, which is supported wholly or in part by public funds or expends public funds, and any standing, interim or special committee of the Mississippi Legislature. The term "public body" includes the governing board of a charter school authorized by the Mississippi Charter School Authorizer Board and the board of trustees of a community hospital as defined in Section 41-13-10. The term "public body" includes the Mississippi Lottery Corporation. There shall be exempted from the provisions of this chapter:
(i) The judiciary, including all jury deliberations;
(ii) Law enforcement officials;
(iii) The military;
(iv) The State Probation and Parole Board;
(v) The Workers' Compensation Commission;
(vi) Legislative subcommittees and legislative conference committees;
(vii) The arbitration council established in Section 69-3-19;
(viii) License
revocation, suspension and disciplinary proceedings held by the Mississippi
State Board of Dental Examiners; * * *
(ix) Hearings and
meetings of the Board of Tax Appeals and of the hearing officers and the board
of review of the Department of Revenue as provided in Section 27-77-15 * * *; and
(x) The Fetal and Infant Mortality Review Panel created under Section 1 of this act.
(b) "Meeting" means an assemblage of members of a public body at which official acts may be taken upon a matter over which the public body has supervision, control, jurisdiction or advisory power, including an assemblage through the use of video or teleconference devices that conforms to Section 25-41-5.
SECTION 3. (1) (a) Records, reports, data, statements, notes, memoranda, analyses, findings, recommendations, communications, and other information, whether written, electronic or oral, that are created, collected, maintained, or used by the State Department of Health or any panel, committee, system or program established, designated or supported by the department for purposes of quality assurance, quality improvement, performance improvement, peer review, patient safety, morbidity or mortality review or system evaluation, including, but not limited to, review panels, care systems and quality improvement programs, shall be confidential and shall be exempt from the Mississippi Public Records Act of 1983.
(b) Such records shall not be subject to inspection, copying, disclosure, subpoena, discovery, or introduction into evidence in any civil, criminal or administrative proceeding.
Nothing in this subsection shall be construed to exempt from disclosure records that are otherwise required to be publicly reported by law, or information obtained from sources independent of the quality assurance or performance improvement process.
(2) (a) Records, data, lists, reports, maps, inventories or other information maintained by the State Department of Health, including the Division of Radiological Health, that identify or could reasonably be used to identify:
(i) The location, ownership, possession, quantity, type, form, security features, or transportation of radioactive material or radiation-producing devices; or
(ii) The identity or location of persons or entities licensed or authorized to possess radioactive material or radiation-producing devices, when disclosure of such information would reasonably be expected to pose a risk to public health, public safety, or security, shall be confidential and exempt from the Mississippi Public Records Act of 1983.
(b) Such records shall not be subject to inspection, copying, disclosure, subpoena, or discovery, except to the extent disclosure is required by federal law or to another governmental entity for official regulatory, law enforcement, emergency response, or public health purposes.
(c) Nothing in this subsection shall be construed to exempt from disclosure statistical, aggregate, or summary information that does not identify specific licensees, locations, quantities, or security-sensitive details, or information otherwise required to be publicly reported by law.
SECTION 4. Section 25-41-7, Mississippi Code of 1972, is amended as follows:
25-41-7. (1) Any public body may enter into executive session for the transaction of public business; however, all meetings of any public body shall commence as an open meeting, and an affirmative vote of three-fifths (3/5) of all members present shall be required to declare an executive session.
(2) The procedure to be followed by any public body in declaring an executive session shall be as follows: Any member shall have the right to request by motion a closed determination upon the issue of whether or not to declare an executive session. The motion, by majority vote, shall require the meeting to be closed for a preliminary determination of the necessity for executive session. No other business shall be transacted until the discussion of the nature of the matter requiring executive session has been completed and a vote, as required in subsection (1) hereof, has been taken on the issue.
(3) An executive session shall be limited to matters allowed to be exempted from open meetings by subsection (4) of this section. The reason for holding an executive session shall be stated in an open meeting, and the reason so stated shall be recorded in the minutes of the meeting. Nothing in this section shall be construed to require that any meeting be closed to the public, nor shall any executive session be used to circumvent or to defeat the purposes of this chapter.
(4) A public body may hold an executive session pursuant to this section for one or more of the following reasons:
(a) Transaction of business and discussion of personnel matters relating to the job performance, character, professional competence, or physical or mental health of a person holding a specific position, or matters relating to the terms of any potential or current employment or services agreement with any physicians or other employees of public hospitals, including any discussion of any person applying for medical staff privileges or membership with a public hospital.
(b) Strategy sessions or negotiations with respect to prospective litigation, litigation or issuance of an appealable order when an open meeting would have a detrimental effect on the litigating position of the public body.
(c) Transaction of business and discussion regarding the report, development or course of action regarding security personnel, plans or devices.
(d) Investigative proceedings by any public body regarding allegations of misconduct or violation of law.
(e) Any body of the Legislature which is meeting on matters within the jurisdiction of that body.
(f) Cases of extraordinary emergency which would pose immediate or irrevocable harm or damage to persons or property, or both, within the jurisdiction of the public body.
(g) Transaction of business and discussion regarding the prospective purchase, sale or leasing of lands.
(h) Discussions between a school board and individual students who attend a school within the jurisdiction of the school board or the parents or teachers of the students regarding problems of the students or their parents or teachers.
(i) Transaction of business and discussion concerning the preparation of tests for admission to practice in recognized professions.
(j) Transaction of business and discussions or negotiations regarding the location, relocation or expansion of a business, medical service or an industry.
(k) Transaction of business and discussions regarding employment or job performance of a person in a specific position or termination of an employee holding a specific position. The exemption provided by this paragraph includes transaction of business and discussion in executive session by the board of trustees of a public hospital regarding any employee or medical staff member or applicant for medical staff privileges and any such individual's credentialing, health, performance, salary, raises or disciplinary action. The exemption provided by this paragraph includes the right to enter into executive session concerning a line item in a budget which might affect the termination of an employee or employees. All other budget items shall be considered in open meetings and final budgetary adoption shall not be taken in executive session.
(l) Discussions regarding material or data exempt from the Mississippi Public Records Act of 1983 pursuant to Section 25-11-121.
(m) Transaction of business and discussion regarding prospective strategic business decisions of public hospitals, including without limitation, decisions to open a new service line, implement capital improvements, or file applications for certificates of need or determinations of nonreviewability with the State Department of Health.
(n) Transaction of business of the boards of trustees of public hospitals that would require discussion of any identifiable patient information, including without limitation, patient complaints, patients' accounts, patients receiving charity care, or treatment that could be identified to a patient.
(o) Investigative discussions, investigative strategies, probative strategies related to identifiable instances of human trafficking or commercial sexual exploitation, and discussions involving locations of shelters or safe-houses for victims of human trafficking or commercial sexual exploitation.
(p) Transaction of business of committees, subcommittees or boards that would require discussion of any identifiable information of victims of human trafficking or children under eighteen years old who are victims of commercial sexual exploitation.
(5) (a) The State Department of Health, and any panel, committee, system or program established, designated, administered or supported by the department for purposes of quality assurance, quality improvement, performance improvement, peer review, patient safety, morbidity review, mortality review, or system evaluation, including, but not limited to, infant mortality review panels, trauma care systems and trauma quality improvement programs, may enter executive session or otherwise conduct a closed meeting in compliance with the provisions of this chapter when the discussion will involve records, reports, data, statements, notes, memoranda, analyses, findings, recommendations, communications or other information that is confidential or exempt from disclosure under state or federal law, including information exempt from the Mississippi Public Records Act of 1983 pursuant to Section 2 of this act.
(b) Any meeting, or portion of a meeting, closed under this subsection shall be limited to the discussion of confidential or exempt quality assurance, quality improvement, performance improvement, peer review, patient safety, morbidity review, mortality review or system evaluation matters. Any final action or vote to adopt a policy, rule, or regulation of general applicability shall be taken in an open meeting, unless otherwise authorized by this chapter.
(c) Nothing in this subsection shall be construed to permit a closed meeting for the purpose of avoiding the requirements of this chapter for matters not otherwise confidential or exempt under law, nor to restrict any public reporting otherwise required by law.
( * * *6) The total vote on the question of
entering into an executive session shall be recorded and spread upon the
minutes of the public body.
( * * *7) Any vote whereby an executive
session is declared shall be applicable only to that particular meeting on that
particular day.
SECTION 5. This act shall take effect and be in force from and after July 1, 2026.