MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Public Health and Welfare; Appropriations

By: Representative Scott (80th)

AN ACT TO ESTABLISH FIVE TEACHING HOSPITALS IN THE STATE IN ADDITION TO THE TEACHING HOSPITAL AT THE UNIVERSITY MEDICAL CENTER; TO PROVIDE FOR THE DETERMINATION OF THE LOCATION OF THE HOSPITALS; TO PROVIDE THAT THE HOSPITALS MAY BE ESTABLISHED AT EXISTING HOSPITALS, AT NEW HOSPITALS CONSTRUCTED BY THE STATE, OR ANY COMBINATION THEREOF; TO PROVIDE FOR TRANSFER TO THE STATE OF THE TITLE TO ANY EXISTING HOSPITAL AT WHICH A TEACHING HOSPITAL MAY BE ESTABLISHED; TO PROVIDE THAT EMPLOYEES OF ANY HOSPITAL TRANSFERRED TO THE STATE SHALL AUTOMATICALLY BECOME STATE EMPLOYEES; TO PROVIDE THAT THE TEACHING HOSPITALS SHALL BE OPERATED BY THE UNIVERSITY MEDICAL CENTER AS SATELLITE FACILITIES OF THE MEDICAL CENTER; TO PROVIDE THAT WITHIN TEN YEARS OF THEIR ESTABLISHMENT, EACH OF THE HOSPITALS SHALL BE COMPREHENSIVE HOSPITAL FACILITIES; TO PROVIDE THAT ALL OF THE HOSPITALS SHALL OFFER FAMILY MEDICINE RESIDENCIES; TO PROVIDE THAT THE HOSPITALS SHALL BE OPERATED ON THE BASIS OF CHARGES FOR SERVICES RENDERED, BUT THAT THERE SHALL BE A REASONABLE VOLUME OF FREE WORK; TO PROVIDE THAT THE STATE DEPARTMENT OF HEALTH SHALL TRANSFER ITS HOME HEALTH AGENCIES TO THE HOSPITALS; TO PROVIDE THAT ALL HOME HEALTH SERVICES OFFERED BY THE STATE SHALL BE OFFERED THROUGH THE HOSPITALS; TO AMEND SECTION 41-3-15, MISSISSIPPI CODE OF 1972, TO DELETE THE PROHIBITION ON TRANSFERRING HOME HEALTH SERVICES OPERATED BY THE STATE DEPARTMENT OF HEALTH; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) (a) There shall be established in the state five (5) teaching hospitals to be operated by the state in addition to the teaching hospital of the University of Mississippi Medical Center. One (1) of the hospitals shall be located in each of the five (5) congressional districts of the state as constituted on July 1, 1999, and none of the hospitals shall be located less than eighty (80) miles from the University Medical Center.

(b) The determination of the location of the hospitals shall be made by the Board of Trustees of State Institutions of Higher Learning in conjunction with a special committee appointed by the board of trustees to be composed of representatives of the University Medical Center, health care educators, professionals, administrators and consumers. The special committee shall conduct public hearings and meetings in each of the congressional districts to receive input on the best locations for the hospitals, and shall make its recommendations to the board of trustees. The board of trustees shall select the location of the hospitals, subject to the approval of the committee.

(2) (a) The teaching hospitals established under this section may be established at existing hospitals or existing hospital facilities that are willing to become state teaching hospitals, may be established at new hospitals constructed by the state, or may be any combination thereof, as determined by the Board of Trustees of State Institutions of Higher Learning considering the amount of funds that will be available for the establishment of the hospitals.

(b) If any of the hospitals is to be established at an existing hospital or existing hospital facility, the owner of the hospital or hospital facility shall transfer the title of the hospital or hospital facility to the state, subject to the following conditions: In cases where the owner of the transferred hospital or hospital facility is a governmental entity, if the state ever ceases to use the hospital or hospital facility as a teaching hospital, then title to the hospital, together with all improvements made to the hospital by the state and all equipment in the hospital, shall revert to the owner if the owner notifies the state within sixty (60) days that the owner wants the hospital back. However, in cases where the owner of the transferred hospital or hospital facility is a private entity, if the state ever ceases to use the hospital or hospital facility as a teaching hospital, then title to the hospital, together with all improvements made to the hospital by the state and all equipment in the hospital, shall not revert to the owner but shall remain in the state, and the state may use the hospital for any public purpose or may dispose of the hospital to the highest bidder.

(c) The obligation for the payment of the existing debt of the hospital or hospital facility that is transferred to the state shall be negotiated between the state and the owner.

(d) All employees of any such hospital on the date that title to the hospital is transferred to the state shall automatically become state employees and shall be covered by the State Personnel System beginning on that date, with no probationary period.

(3) The teaching hospitals established under this section shall be operated by the University Medical Center as satellite facilities of the medical center. At the time of their establishment, each of the hospitals shall offer a limited number of medical specialties as determined by the University Medical Center, but the number of medical specialties offered at the hospitals shall be gradually expanded so that within ten (10) years from the date of their establishment, all five (5) of the hospitals shall be comprehensive hospital facilities offering substantially all of the medical specialties offered at the University Medical Center. All five (5) of the hospitals shall offer family medicine residencies from the date of their establishment.

(4) The teaching hospitals established under this section shall be utilized to serve the people of Mississippi generally. They shall be operated on the basis of charges for services rendered, but there shall be a reasonable volume of free work; however, such volume shall never be less than one-half (1/2) of their respective bed capacities. The income derived from the operation of each hospital shall be utilized toward the payment of the operating expenses of that hospital.

(5) The home health agencies operated by the State Department of Health shall be transferred to the teaching hospitals established under this section, and all home health services offered by the state shall be provided through the hospitals after the date that the department transfers the home health agencies to the hospitals. Employees of the home health agencies shall become employees of the hospitals after the date that they are transferred to the hospitals.

SECTION 2. Section 41-3-15, Mississippi Code of 1972, is amended as follows:

41-3-15. (1) There shall be a State Department of Health which shall be organized into such bureaus and divisions as are considered necessary by the executive officer, and shall be assigned appropriate functions as are required of the State Board of Health by law, subject to the approval of the board.

(2) The State Board of Health shall have the authority to establish an Office of Rural Health within the department. The duties and responsibilities of this office shall include the following:

(a) To collect and evaluate data on rural health conditions and needs;

(b) To engage in policy analysis, policy development and economic impact studies with regard to rural health issues;

(c) To develop and implement plans and provide technical assistance to enable community health systems to respond to various changes in their circumstances;

(d) To plan and assist in professional recruitment and retention of medical professionals and assistants; and

(e) To establish information clearinghouses to improve access to and sharing of rural health care information.

(3) The State Board of Health shall have general supervision of the health interests of the people of the state and to exercise the rights, powers and duties of those acts which it is authorized by law to enforce.

(4) The State Board of Health shall have authority:

(a) To make investigations and inquiries with respect to the causes of disease and death, and to investigate the effect of environment, including conditions of employment and other conditions which may affect health, and to make such other investigations as it may deem necessary for the preservation and improvement of health.

(b) To make such sanitary investigations as it may, from time to time, deem necessary for the protection and improvement of health and to investigate nuisance questions which affect the security of life and health within the state.

(c) To direct and control sanitary and quarantine measures for dealing with all diseases within the state possible to suppress same and prevent their spread.

(d) To obtain, collect and preserve such information relative to mortality, morbidity, disease and health as may be useful in the discharge of its duties or may contribute to the prevention of disease or the promotion of health in this state.

(e) To enter into contracts or agreements with any other state or federal agency, or with any private person, organization or group capable of contracting, if it finds such action to be in the public interest.

(f) To charge and collect reasonable fees for health services, including immunizations, inspections and related activities, and the board shall charge fees for such services; provided, however, if it is determined that a person receiving services is unable to pay the total fee, the board shall collect any amount such person is able to pay.

(g) To accept gifts, trusts, bequests, grants, endowments or transfers of property of any kind.

(h) To receive monies coming to it by way of fees for services or by appropriations.

(i) (i) To establish standards for, issue permits and exercise control over, any cafes, restaurants, food or drink stands, sandwich manufacturing establishments, and all other establishments, other than churches, church-related and private schools, and other nonprofit or charitable organizations, where food or drink is regularly prepared, handled and served for pay; and

(ii) To require that a permit be obtained from the Department of Health before such persons begin operation.

(j) To promulgate rules and regulations and exercise control over the production and sale of milk pursuant to the provisions of Sections 75-31-41 through 75-31-49.

(k) On presentation of proper authority, to enter into and inspect any public place or building where the State Health Officer or his representative deems it necessary and proper to enter for the discovery and suppression of disease and for the enforcement of any health or sanitary laws and regulations in the state.

(l) To conduct investigations, inquiries and hearings, and to issue subpoenas for the attendance of witnesses and the production of books and records at any hearing when authorized and required by statute to be conducted by the State Health Officer or the State Board of Health.

(m) To employ, subject to the regulations of the State Personnel Board, qualified professional personnel in the subject matter or fields of each bureau, and such other technical and clerical staff as may be required for the operation of the department. The executive officer shall be the appointing authority for the department, and shall have the power to delegate the authority to appoint or dismiss employees to appropriate subordinates, subject to the rules and regulations of the State Personnel Board.

(n) To promulgate rules and regulations, and to collect data and information, on (i) the delivery of services through the practice of telemedicine; and (ii) the use of electronic records for the delivery of telemedicine services.

(5) (a) The State Board of Health shall have the authority, in its discretion, to establish programs to promote the public health, to be administered by the State Department of Health. Specifically, such programs may include, but shall not be limited to, programs in the following areas:

(i) Maternal and child health;

(ii) Family planning;

(iii) Pediatric services;

(iv) Services to crippled and disabled children;

(v) Control of communicable and noncommunicable disease;

(vi) Child care licensure;

(vii) Radiological health;

(viii) Dental health;

(ix) Milk sanitation;

(x) Occupational safety and health;

(xi) Food, vector control and general sanitation;

(xii) Protection of drinking water;

(xiii) Sanitation in food handling establishments open to the public;

(xiv) Registration of births and deaths and other vital events;

(xv) Such public health programs and services as may be assigned to the State Board of Health by the Legislature or by executive order.

(b) The State Department of Health may undertake such technical programs and activities as may be required for the support and operation of such programs, including maintaining physical, chemical, bacteriological and radiological laboratories, and may make such diagnostic tests for diseases and tests for the evaluation of health hazards as may be deemed necessary for the protection of the people of the state.

(6) (a) The State Board of Health shall administer the local governments and rural water systems improvements loan program in accordance with the provisions of Section 41-3-16.

(b) The State Board of Health shall have authority:

(i) To enter into capitalization grant agreements with the United States Environmental Protection Agency, or any successor agency thereto;

(ii) To accept capitalization grant awards made under the federal Safe Drinking Water Act, as amended;

(iii) To provide annual reports and audits to the United States Environmental Protection Agency, as may be required by federal capitalization grant agreements; and

(iv) To establish and collect fees to defray the reasonable costs of administering the revolving fund or emergency fund if the State Board of Health determines that such costs will exceed the limitations established in the federal Safe Drinking Water Act, as amended. The administration fees may be included in loan amounts to loan recipients for the purpose of facilitating payment to the board; however, such fees may not exceed five percent (5%) of the loan amount.

SECTION 3. This act shall take effect and be in force from and after July 1, 1999.