MISSISSIPPI LEGISLATURE
2004 Regular Session
To: Rules
By: Representative Blackmon, Akins, Aldridge, Arinder, Bailey, Baker (74th), Baker (8th), Banks, Barnett, Beckett, Bentz, Bondurant, Bounds, Broomfield, Brown, Buck, Burnett, Calhoun, Capps, Carlton, Chism, Clarke, Coleman (29th), Compretta, Cummings, Davis, Dedeaux, Dickson, Eaton, Ellis, Espy, Fillingane, Flaggs, Formby, Franks, Frierson, Gadd, Gibbs, Green, Gunn, Hamilton (109th), Hamilton (6th), Hines, Holland, Holloway, Horne, Howell, Hudson, Ishee, Janus, Jennings, Lott, Malone, Markham, Martinson, Masterson, Mayhall, Mayo, McBride, McCoy, Middleton, Miles, Mims, Moak, Montgomery, Moody, Moore, Morris, Moss, Myers, Nicholson, Parker, Patterson, Peranich, Perkins, Pierce, Read, Reed, Reeves, Reynolds, Robinson (84th), Rogers (14th), Rogers (61st), Rotenberry, Scott, Shows, Simpson, Smith (39th), Smith (59th), Snowden, Staples, Stevens, Straughter, Stringer, Sullivan, Taylor, Thomas, Turner, Upshaw, Vince, Ward, Watson, Weathersby, Wells-Smith, West, Whittington, Woods, Zuber, Young
A CONCURRENT RESOLUTION SUSPENDING THE DEADLINES FOR THE PURPOSE OF REQUESTING THE DRAFTING, AND THE INTRODUCTION, CONSIDERATION AND PASSAGE, OF A HOUSE BILL ENTITLED "AN ACT TO AMEND SECTION 11-11-3, MISSISSIPPI CODE OF 1972, TO REVISE VENUE IN CIVIL ACTIONS; TO AMEND SECTION 11-1-63, MISSISSIPPI CODE OF 1972, TO REVISE LIABILITY IN PRODUCTS LIABILITY ACTIONS; TO AMEND SECTION 11-1-64, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO AMEND SECTION 11-1-66, MISSISSIPPI CODE OF 1972, TO REVISE PREMISES LIABILITY; TO AMEND SECTION 11-1-65, MISSISSIPPI CODE OF 1972, TO REVISE PUNITIVE DAMAGES; TO AMEND SECTION 85-5-7, MISSISSIPPI CODE OF 1972, TO REVISE JOINT AND SEVERAL LIABILITY; TO AMEND SECTIONS 13-5-1, 13-5-23, 13-5-24, 13-5-25, 13-5-28, 13-5-34 AND 13-5-99, MISSISSIPPI CODE OF 1972, TO PROVIDE PROCEDURES FOR JUROR DISQUALIFICATION AND CERTAIN PROTECTIONS FOR JURY PARTICIPATION; TO AMEND SECTION 25-7-61, MISSISSIPPI CODE OF 1972, TO CREATE THE LENGTHY TRIAL FUND; TO AMEND SECTION 33-1-5, MISSISSIPPI CODE OF 1972, TO ELIMINATE CERTAIN JUROR EXEMPTIONS; TO REPEAL SECTIONS 41-17-7 AND 47-5-55, MISSISSIPPI CODE OF 1972, WHICH PROVIDE CERTAIN EXEMPTIONS FROM JURY SERVICE; TO AMEND SECTION 83-48-5, MISSISSIPPI CODE OF 1972, TO EXPAND THE MEDICAL MALPRACTICE INSURANCE AVAILABILITY PLAN THAT IS ADMINISTERED BY THE MISSISSIPPI TORT CLAIMS BOARD TO MAKE AVAILABLE PRIOR ACTS EXTENDED REPORTING PERIOD COVERAGE TO ALL PARTICIPANTS OF THE PLAN AT ADDITIONAL PREMIUM ASSESSMENTS FOR SUCH COVERAGE AND TO PAY ALL MEDICAL MALPRACTICE INSURANCE PREMIUMS FOR CERTAIN RETIRED PHYSICIANS WHO PROVIDE VOLUNTEER UNPAID HEALTH CARE SERVICES; TO AMEND SECTION 11-46-1, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF "EMPLOYEE" FOR PURPOSES OF LIMITED LIABILITY UNDER THE TORT CLAIMS BOARD TO INCLUDE THOSE PHYSICIANS WHO PROVIDE HEALTH CARE SERVICES TO MEDICAID RECIPIENTS, STATE AND SCHOOL EMPLOYEES HEALTH INSURANCE PLAN PARTICIPANTS AND CHILDREN'S HEALTH INSURANCE PROGRAM PARTICIPANTS IF AT LEAST THIRTY-FIVE PERCENT OF THE PHYSICIAN'S PATIENTS ARE MEDICAID RECIPIENTS, OR NOT TO EXCEED ONE HUNDRED TWENTY-FIVE PHYSICIANS; TO INCLUDE CERTAIN RETIRED PHYSICIANS WHO PROVIDE VOLUNTEER UNPAID HEALTH CARE SERVICES TO ANY PUBLIC ENTITY OR PRIVATE ENTITY; TO CREATE IN THE STATE TREASURY A SPECIAL FUND TO THE CREDIT OF THE MISSISSIPPI TORT CLAIMS BOARD WHICH SHALL BE COMPRISED OF ANY FUNDS MADE AVAILABLE FOR THE FUND BY THE LEGISLATURE; TO PROVIDE THAT MONIES IN THE SPECIAL FUND SHALL BE EXPENDED BY THE MISSISSIPPI TORT CLAIMS BOARD TO PROVIDE ADDITIONAL FUNDS FOR PRIOR ACT COVERAGE FOR PLAN PARTICIPANTS AND TO PAY THE MEDICAL MALPRACTICE PREMIUMS FOR THOSE RETIRED PHYSICIANS DESCRIBED HEREIN; TO CREATE AN ADVISORY COUNCIL TO ASSIST THE MISSISSIPPI TORT CLAIMS BOARD IN DETERMINING WHETHER A PHYSICIAN MEETS THE PERCENTAGE REQUIREMENT NECESSARY TO QUALIFY AS AN EMPLOYEE FOR LIMITED LIABILITY PURPOSES; TO PROVIDE RATES FOR COPIES OF MEDICAL RECORDS THAT MAY BE CHARGED BY MEDICAL PROVIDERS AND FACILITIES; AND FOR RELATED PURPOSES."
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That the Joint Rules of the House and the Senate, including all the deadlines and other provisions imposed by Joint Rule No. 40, are suspended for the purpose of requesting the drafting, and the introduction, consideration and passage, of a House Bill entitled "AN ACT TO AMEND SECTION 11-11-3, MISSISSIPPI CODE OF 1972, TO REVISE VENUE IN CIVIL ACTIONS; TO AMEND SECTION 11-1-63, MISSISSIPPI CODE OF 1972, TO REVISE LIABILITY IN PRODUCTS LIABILITY ACTIONS; TO AMEND SECTION 11-1-64, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO AMEND SECTION 11-1-66, MISSISSIPPI CODE OF 1972, TO REVISE PREMISES LIABILITY; TO AMEND SECTION 11-1-65, MISSISSIPPI CODE OF 1972, TO REVISE PUNITIVE DAMAGES; TO AMEND SECTION 85-5-7, MISSISSIPPI CODE OF 1972, TO REVISE JOINT AND SEVERAL LIABILITY; TO AMEND SECTIONS 13-5-1, 13-5-23, 13-5-24, 13-5-25, 13-5-28, 13-5-34 AND 13-5-99, MISSISSIPPI CODE OF 1972, TO PROVIDE PROCEDURES FOR JUROR DISQUALIFICATION AND CERTAIN PROTECTIONS FOR JURY PARTICIPATION; TO AMEND SECTION 25-7-61, MISSISSIPPI CODE OF 1972, TO CREATE THE LENGTHY TRIAL FUND; TO AMEND SECTION 33-1-5, MISSISSIPPI CODE OF 1972, TO ELIMINATE CERTAIN JUROR EXEMPTIONS; TO REPEAL SECTIONS 41-17-7 AND 47-5-55, MISSISSIPPI CODE OF 1972, WHICH PROVIDE CERTAIN EXEMPTIONS FROM JURY SERVICE; TO AMEND SECTION 83-48-5, MISSISSIPPI CODE OF 1972, TO EXPAND THE MEDICAL MALPRACTICE INSURANCE AVAILABILITY PLAN THAT IS ADMINISTERED BY THE MISSISSIPPI TORT CLAIMS BOARD TO MAKE AVAILABLE PRIOR ACTS EXTENDED REPORTING PERIOD COVERAGE TO ALL PARTICIPANTS OF THE PLAN AT ADDITIONAL PREMIUM ASSESSMENTS FOR SUCH COVERAGE AND TO PAY ALL MEDICAL MALPRACTICE INSURANCE PREMIUMS FOR CERTAIN RETIRED PHYSICIANS WHO PROVIDE VOLUNTEER UNPAID HEALTH CARE SERVICES; TO AMEND SECTION 11-46-1, MISSISSIPPI CODE OF 1972, TO REVISE THE DEFINITION OF "EMPLOYEE" FOR PURPOSES OF LIMITED LIABILITY UNDER THE TORT CLAIMS BOARD TO INCLUDE THOSE PHYSICIANS WHO PROVIDE HEALTH CARE SERVICES TO MEDICAID RECIPIENTS, STATE AND SCHOOL EMPLOYEES HEALTH INSURANCE PLAN PARTICIPANTS AND CHILDREN'S HEALTH INSURANCE PROGRAM PARTICIPANTS IF AT LEAST THIRTY-FIVE PERCENT OF THE PHYSICIAN'S PATIENTS ARE MEDICAID RECIPIENTS, OR NOT TO EXCEED ONE HUNDRED TWENTY-FIVE PHYSICIANS; TO INCLUDE CERTAIN RETIRED PHYSICIANS WHO PROVIDE VOLUNTEER UNPAID HEALTH CARE SERVICES TO ANY PUBLIC ENTITY OR PRIVATE ENTITY; TO CREATE IN THE STATE TREASURY A SPECIAL FUND TO THE CREDIT OF THE MISSISSIPPI TORT CLAIMS BOARD WHICH SHALL BE COMPRISED OF ANY FUNDS MADE AVAILABLE FOR THE FUND BY THE LEGISLATURE; TO PROVIDE THAT MONIES IN THE SPECIAL FUND SHALL BE EXPENDED BY THE MISSISSIPPI TORT CLAIMS BOARD TO PROVIDE ADDITIONAL FUNDS FOR PRIOR ACT COVERAGE FOR PLAN PARTICIPANTS AND TO PAY THE MEDICAL MALPRACTICE PREMIUMS FOR THOSE RETIRED PHYSICIANS DESCRIBED HEREIN; TO CREATE AN ADVISORY COUNCIL TO ASSIST THE MISSISSIPPI TORT CLAIMS BOARD IN DETERMINING WHETHER A PHYSICIAN MEETS THE PERCENTAGE REQUIREMENT NECESSARY TO QUALIFY AS AN EMPLOYEE FOR LIMITED LIABILITY PURPOSES; TO PROVIDE RATES FOR COPIES OF MEDICAL RECORDS THAT MAY BE CHARGED BY MEDICAL PROVIDERS AND FACILITIES; AND FOR RELATED PURPOSES."