MISSISSIPPI LEGISLATURE

2004 Regular Session

To: Public Health and Human Services

By: Representative Reed

House Bill 1367

(As Passed the House)

AN ACT TO AMEND SECTION 41-63-4, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PERSONS OR ENTITIES THAT ARE REQUIRED TO PROVIDE INFORMATION TO THE REGISTRY PROGRAM OF THE CONDITION AND TREATMENT OF PERSONS SEEKING MEDICAL CARE THAT DOES NOT PROVIDE THE INFORMATION AS REQUIRED MAY BE ASSESSED A PENALTY BY THE STATE DEPARTMENT OF HEALTH; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 41-63-4, Mississippi Code of 1972, is amended as follows:

     41-63-4.  (1)  In order to improve the quality and efficiency of medical care, the State Department of Health shall design and establish a registry program of the condition and treatment of persons seeking medical care that will provide the following:

          (a)  Information in a central data bank system of accurate, precise and current information regarding the diagnostic services and therapeutic services for medical diagnosis, treatment and care of injured, disabled or sick persons, or rehabilitation services for the rehabilitation of injured, disabled or sick persons provided in an acute care hospital as that term is defined in Section 41-7-173(h)(i);

          (b)  Collection of that data;

          (c)  Dissemination of that data; and

          (d)  Analysis of that data for the purposes of the evaluation and improvement of the quality and efficiency of medical care provided in a health care facility.

     (2)  The State Board of Health shall adopt rules, regulations and procedures to govern the operation of the registry program and to carry out the intent of this section. 

     (3)  The State Department of Health shall specify the types of information to be provided to the registry.

     (4)  Any person or entity that is required to provide information to the registry that does not provide the information as required may be assessed a penalty by the State Department of Health in an amount not exceeding Five Hundred Dollars ($500.00)  for each person or entity, as determined by the department.

     (5)  Information collected and analyzed by the State Department of Health under this section shall be placed in a central health data registry system maintained by the Mississippi Hospital Association, acting under the direction of the State Department of Health.

     (6)  The information, data and records shall not divulge the identity of any patient.

     (7)  Notwithstanding any conflicting statute, court rule or other law, the data maintained in the registry shall be confidential and shall not be subject to discovery or introduction into evidence in any civil action.  However, information and data otherwise discoverable or admissible from original sources are not to be construed as immune from discovery or use in any civil action merely because they were provided to the registry.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2004.