Senate Concurrent Resolution 585

A CONCURRENT RESOLUTION TO CREATE A STUDY COMMITTEE TO STUDY THE IMPLEMENTATION OF THE HEALTH CARE FACILITY CERTIFICATE OF NEED LAW AND THE STATE HEALTH PLAN IN DESOTO COUNTY, MISSISSIPPI, AND TO MAKE RECOMMENDATIONS THEREON TO THE LEGISLATURE; AND FOR RELATED PURPOSES.

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE OF MISSISSIPPI, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN, That:

(1) There is hereby created a study committee on the implementation of the health care facility certificate of need law and the State Health Plan by the State Department of Health as it specifically applies to DeSoto County, Mississippi. The committee shall make a report of its findings and recommendations to the Legislature during the 2005 Regular Legislative Session, including any recommended legislation.

(2) The committee shall be composed of the following members:

(a) The President Pro Tempore of the Mississippi Senate;

(b) The Speaker Pro Tempore of the Mississippi House of Representatives;

(d) The Chairman of the House Appropriations Committee;

(e) The Chairman of the Senate Public Health and Welfare Committee;

(f) The Chairman of the House Public Health and Human Services Committee;

(g) The President of the State Board of Health; and

(h) Two (2) residents of DeSoto County, one (1) appointed by the Lieutenant Governor and one (1) appointed by the Speaker of the House.

Appointments shall be made within thirty (30) days after the adoption of this resolution by the Legislature, and, within fifteen (15) days thereafter on a day to be designated jointly by the Lieutenant Governor and the Speaker of the House, the committee shall meet and organize by selecting from its membership a chairman and a vice chairman. The vice chairman shall also serve as secretary and shall be responsible for keeping all records of the committee. A majority of the members of the committee shall constitute a quorum. In the selection of its officers and the adoption of rules, resolutions and reports, an affirmative vote of a majority of the committee shall be required. All members shall be notified in writing of all meetings, such notices to be mailed at least five (5) days prior to the date on which a meeting is to be held.

(3) The committee shall study and make recommendations with respect to the implementation of the health care facility certificate of need law in DeSoto County, Mississippi, including procedures used by the State Department of Health in granting and/or denying applications for certificates of need in DeSoto County and the development of the State Health Plan as it relates to DeSoto County.

(4) Members of the committee who are not legislators, state officials or state employees shall be compensated at the per diem rate authorized by Section 25-3-69, Mississippi Code of 1972, and shall be reimbursed in accordance with Section 25-3-41, Mississippi Code of 1972, for mileage and actual expenses incurred in the performance of their duties. Legislative members of the committee shall be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session; however, no per diem or expense for attending meetings of the committee will be paid while the Legislature is in session. No committee member may incur per diem, travel or other expenses unless previously authorized by vote, at a meeting of the committee, which action shall be recorded in the official minutes of the meeting. Nonlegislative members shall be paid from any funds made available to the committee for that purpose.

(5) The committee shall utilize clerical and legal staff already employed by the Legislature and any other staff assistance made available to it. To effectuate the purpose of this resolution, the State Department of Health and any other agency of the state or of any political subdivision thereof shall, at the request of the chairman of the committee, provide to the committee such facilities, assistance and data as will enable the committee properly to carry out its task.

(6) Upon presentation of its report to the 2005 Regular Legislative Session, the committee shall be dissolved.