Adopted

AMENDMENT NO 2 PROPOSED TO

Cmte Sub for Senate Bill No. 2859

BY: Senator(s) Bryan

     AMEND by deleting the language beginning after the comma on line 86 through the comma on line 102 and renumber the following subsections.

     FURTHER, AMEND by inserting after line 1109 the following language:

     (16)  The State Department of Health shall issue any certificates of need necessary for Mississippi State University and a public or private health care provider to jointly acquire and operate a linear accelerator and a magnetic resonance imaging unit.  Those certificates of need shall cover all capital expenditures related to the project between Mississippi State University and the health care provider, including, but not limited to, the acquisition of the linear accelerator, the magnetic resonance imaging unit and other radiological modalities; the offering of linear accelerator and magnetic resonance imaging services; and the cost of construction of facilities in which to locate these services.  The linear accelerator and the magnetic resonance imaging unit shall be (a) located in the City of Starkville, Oktibbeha County, Mississippi; (b) operated jointly by Mississippi State University and the public or private health care provider selected by the Board of Trustees of State Institutions of Higher Learning through a request for proposals (RFP) process in which the Board of Trustees of State Institutions of Higher Learning selects the health care provider that makes the best overall proposal; (c) available to Mississippi State University for research purposes two-thirds (2/3) of the time that the linear accelerator and magnetic resonance imaging unit are operational; and (d) available to the public or private health care provider selected by the Board of Trustees of State Institutions of Higher Learning one-third (1/3) of the time for clinical, diagnostic and treatment purposes.  As a condition to the issuance of any of the certificate(s) of need under this subsection (16), the health care provider selected by the Board of Trustees of State Institutions of Higher Learning shall agree in writing (i) to participate in all state and federal health care reimbursement programs, including, but not limited to, Medicare, Medicaid, CHAMPUS, CHIP and (ii) to treat patients of whom at least one-third (1/3) are Medicaid beneficiaries and of whom one-third (1/3) are beneficiaries of the State and School Employees Health Insurance programs.  For purposes of this subsection, the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan are waived.

     AMEND the title by striking it in its entirety and substituting in lieu thereof:

     AN ACT TO AMEND SECTION 41-7-191, MISSISSIPPI CODE OF 1972, TO DIRECT THE STATE DEPARTMENT OF HEALTH TO ISSUE CERTIFICATES OF NEED FOR MISSISSIPPI STATE UNIVERSITY AND A PUBLIC OR PRIVATE HEALTH CARE PROVIDER SELECTED THROUGH AN RFP PROCESS TO ACQUIRE AND JOINTLY OPERATE A LINEAR ACCELERATOR AND A MAGNETIC RESONANCE IMAGING UNIT IN THE CITY OF STARKVILLE, MISSISSIPPI; AND FOR RELATED PURPOSES.

     FURTHER, AMEND the short title to conform.