Senate Bill 2520

(As Passed the Senate)

AN ACT TO AMEND SECTION 41-99-5, MISSISSIPPI CODE OF 1972, TO EXTEND THE AUTHORITY TO ISSUE GRANTS UNDER THE MISSISSIPPI QUALIFIED HEALTH CENTER GRANT PROGRAM; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 41-99-5, Mississippi Code of 1972, is amended as follows:

41-99-5. (1) Any Mississippi qualified health center desiring to participate in the program shall make application for a grant to the SDOH in a form satisfactory to the SDOH. The SDOH shall receive grant proposals from Mississippi qualified health centers. All proposals shall be submitted in accordance with the provisions of grant procedures, criteria and standards developed and made public by the SDOH.

(2) The SDOH shall use the funds provided by this chapter to make grants during the next five (5) fiscal years until fiscal year 2010 to Mississippi qualified health centers upon proposals made pursuant to subsection (1) of this section. Grants that are awarded to Mississippi qualified health centers shall only be used by such centers to:

(a) Increase access to preventative and primary care services by uninsured or medically indigent patients that are served by such centers; and

(b) Create new services or augment existing services provided to uninsured or medically indigent patients, including, but not limited to, primary care medical and preventive services, dental services, optometric services, in-house laboratory services, diagnostic services, pharmacy services, nutritional services and social services.

(3) Grants received by Mississippi qualified health centers pursuant to this chapter shall not be used:

(a) To supplant federal funds traditionally received by such centers, but shall be used to supplement them;

(b) For land or real estate investments;

(d) Unless the health center specifically complies with a definition of a Mississippi qualified health center contained in Section 41-99-1.

(4) The SDOH shall develop regulations, procedures and application forms to govern how grants will be awarded, shall develop a plan to ensure that grants are equitably distributed among all Mississippi qualified health centers, and shall develop an audit process to assure that grant monies are used to provide and expend care to the uninsured and medically indigent.

(5) The SDOH shall establish a fund for the purpose of providing service grants to Mississippi qualified health centers in accordance with this chapter and the following terms and conditions:

(a) The total amount of grants issued pursuant to this chapter shall be Four Million Dollars ($4,000,000.00) per state fiscal year.

(b) No Mississippi qualified health center shall receive assistance under this program in excess of Two Hundred Thousand Dollars ($200,000.00) per calendar year.

(c) Each Mississippi qualified health center receiving a service grant shall provide a yearly report to the SDOH which details the number of additional uninsured and medically indigent patients that are cared for and the types of services that are provided.

(6) The SDOH shall establish an advisory council to review and make recommendations to the SDOH on the awarding of any grants to Mississippi qualified health centers. Such recommendations by the advisory council shall not be binding upon the SDOH, but when a recommendation by the advisory council is not followed by the SDOH, the SDOH shall place in its minutes reasons for not accepting the advisory council's recommendation, and provide for an appeals process. All approved grants shall be awarded within thirty (30) days of approval by the SDOH.

(7) The composition of the advisory council shall be the following:

(a) Two (2) employees of the SDOH, one (1) of whom must have experience in reviewing and writing grant proposals;

(b) Two (2) executive employees of Mississippi qualified health centers, one (1) of whom must be a chief financial officer;

(d) One (1) health care provider who is not affiliated with a Mississippi qualified health center nor the SDOH but has training and experience in primary care.

(8) The SDOH may use a portion of any grant monies received under this chapter to administer the program and to pay reasonable expenses incurred by the advisory council; provided, however, in no case shall more than one and one-half percent (1-1/2%) or Sixty Thousand Dollars ($60,000.00) annually, whichever is less, be used to absorb program expenses.

(9) No assistance shall be provided to a Mississippi qualified health center under this chapter unless the Mississippi qualified health center certifies to the SDOH, that it will not discriminate against any employee or against any applicant for employment because of race, religion, color, national origin, sex or age.

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