Senate Amendments to House Bill No. 1564
TO THE CLERK OF THE HOUSE:
THIS IS TO INFORM YOU THAT THE SENATE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:
AMENDMENT NO. 1
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
SECTION 1. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the State Department of Health for the fiscal year beginning July 1, 2006, and ending June 30, 2007...
........................................... $ 32,462,145.00.
SECTION 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in any special fund in the State Treasury to the credit of the State Department of Health which is comprised of special source funds collected by or otherwise available to the department, for the purpose of defraying the expenses of the department for the fiscal year beginning July 1, 2006, and ending June 30, 2007...............................................................
............................................ $ 236,376,426.00.
SECTION 3. Of the funds appropriated under the provisions of Section 2, Nine Million Eight Hundred Fifty-nine Thousand Five Hundred Thirteen Dollars ($9,859,513.00) shall be derived from the Health Care Expendable Fund, created in Section 43-13-407, Mississippi Code of 1972, for the support and maintenance of the State Department of Health. The funds provided in this section shall be allocated as follows:
Maternal and Child Health Care
Program........................$ 975,499.00
Early Intervention Program..........$ 174,196.00
Health Department Programs..........$1,741,964.00
Mississippi Qualified Health
Center Grant Program...........$2,787,142.00
Trauma Care System..................$4,180,712.00
The State Department of Health may transfer a portion of Trauma Care System funds to the Division of Medicaid for the development and implementation of an enhanced reimbursement fee program related to trauma care and services, used to match federal funds, under a cooperative agreement between the State Department of Health and the Division of Medicaid.
It is the intention of the Legislature that none of the Four Million One Hundred Eighty Thousand Seven Hundred Twelve Dollars ($4,180,712.00) authorized herein for the Trauma Care System shall be expended to the benefit of any hospital located outside the boundaries of the State of Mississippi, unless otherwise excepted in this paragraph. Further, unless otherwise excepted in this paragraph, no such out-of-state hospital shall be authorized to receive such funds until such time as the amount appropriated for such purpose shall reach an amount of Eight Million Dollars ($8,000,000.00) or more. Funds shall be expended by the Mississippi Department of Health for distribution to the Regional Medical Center at Memphis, located in Memphis, Tennessee, for their participation in the Trauma Care System.
SECTION 4. Of the funds appropriated under the provisions of Sections 1 and 2, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits$ 102,083,575.00
Travel and Subsistence.............. 5,641,309.00
Contractual Services..................... 44,146,413.00
Commodities.............................. 60,598,586.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 6,476,212.00
Subsidies, Loans and Grants.............. 49,892,476.00
Total.............................. $ 268,838,571.00
FUNDING:
General Funds........................... $ 32,462,145.00
Special Funds............................ 236,376,426.00
Total.............................. $ 268,838,571.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 1,633
Part Time........... 20
Time-Limited:Full Time........... 570
Part Time........... 11
Pursuant to policies established by the State Personnel Board, agency heads may, on a case by case basis and within funds available, recommend equity salary adjustments to Fiscal Year 2006 agency appropriation acts where application of limitations result in awarding one employee a salary increase greater than another employee within the same agency, with the same job classification series and greater longevity.
With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2008 do not exceed Fiscal Year 2007 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2008 budget by the Mississippi Legislature. Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act. It shall be the responsibility of the agency head to insure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2007 appropriation for "Personal Services" when annualized, with the exception of escalated funds. If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2007 "Personal Services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.
Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law or allowable under the terms set forth within this act. The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration. The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.
No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.
SECTION 5. It is the intention of the Legislature that the State Department of Health shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2006. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2008 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2007 budget request process.
SECTION 6. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:
FY2007
Performance Measures Target
Chronic Illness
Home Health Patients Served (Persons) 1,769
Home Health Visits (Visits) 102,540
Hypertension Visits (Visits) 3,100
Diabetes Treatment Visits (Visits) 151
Maternal & Child Health
Maternity Patients Served (Persons) 7,650
WIC Patients Served per Month (Persons) 105,000
Family Planning Patients Served (Persons) 90,000
Environmental Health
General Sanitation Inspections (Actions) 18,070
Food Establishments Inspections (Actions) 28,500
Water Supplies Tested (Actions) 1,390
Disease Prevention
Vaccinations Administered (Doses) 520,000
STD Diagnostic Treatment & Follow-up
Services (Persons) 26,000
TB Cases & Contacts Investigated (Actions) 3,000
H Care Planning & Licensure
CON Declaratory Opinions Issued (Actions) 200
Ambulance Services Lic/Permitted (Entities) 650
Professional Licenses Issued (Actions) 5,179
Support Services
Percentage of Total Budget (%) 6.21
Bioterrorism
Number of Statewide Preparedness
Exercises Conducted (Number of) 5
Number of Emergency Preparedness and
Strategic National Stockpile Trainings 5
A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2008.
SECTION 7. It is the intent of the Legislature that the Mississippi Department of Health shall have authority to escalate the various budgets in both funds and positions, with the approval of the State Fiscal Officer, from any special funds collected or available, in the current fiscal year or any prior fiscal year, not to exceed Five Million Dollars ($5,000,000.00), to the agency for expenditure. Upon such approval, the Mississippi Department of Health may expend such funds in the manner authorized by law.
The Executive Director of the Mississippi Department of Health shall submit to the Department of Finance and Administration a certified statement providing a detailed explanation for any escalation, including a justification for the establishment of any new positions or reclassification of existing positions and the existence of any required matching funds for those positions, and an assessment of the impact on the agency's General Fund Budget for the three (3) fiscal years following the fiscal year in which the escalation is requested.
SECTION 8. It is the intention of the Legislature that with the funds provided herein, the State Department of Health may provide and administer without charge, Hepatitis B vaccinations to Emergency Medical Services (EMS) personnel who are in need of such vaccinations through job related exposure.
SECTION 9. In addition to all other sums heretofore appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Local Governments and Rural Water Systems Emergency Loan Fund, and the Local Governments and Rural Water System Improvements Revolving Loan Fund as authorized in Chapter 521, Laws of 1995, to the State Department of Health for the purpose of defraying the expenses of the Local Governments and Rural Water Systems Improvements Board, for the fiscal year beginning July 1, 2006, and ending June 30, 2007.........................
......................................... $ 28,000,000.00.
SECTION 10. Of the funds appropriated in Section 2, One Million Dollars ($1,000,000.00) shall come from the Department of Human Services, Child Care Development Fund or other appropriate special funds for the purpose of child care licensure. These funds are to be transferred to the State Department of Health no later than July 31, 2006. The State Department of Health shall make a complete accounting of the uses of these funds to the Department of Human Services.
SECTION 11. It is the intention of the Legislature that the State Department of Health shall expend not more than Fifty Thousand Dollars ($50,000.00) of the funds appropriated in Section 1 and allocated in Section 4 for providing the oil known as "Lorenzo's Oil" for the treatment of the genetic disorder adrenoleukodystrophy (ALD), to children and Mississippi residents over the age of twenty-one (21) who have the genetic disorder adrenoleukodystrophy and for whom Medicaid does not reimburse the cost of providing the oil. The department may also provide needed pathology and biannual MRI exams.
SECTION 12. In addition to all other funds heretofore appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money deposited in the State Treasury from the Mississippi Tobacco Pilot Program as authorized in the case Mike Moore Attorney General ex rel. State of Mississippi v. The American Tobacco Company et al. (Chancery Court of Jackson County, Mississippi, Cause No. 94-1429) to the State Department of Health for the fiscal year beginning July 1, 2006, and ending June 30, 2007........ $ 5,000,000.00.
It is the intention of the Legislature that of the funds appropriated in this section, an amount not less than Two Million Five Hundred Thousand Dollars ($2,500,000.00) is provided to fund the School Tobacco Nurse Program.
SECTION 13. Of the funds appropriated in Section 1, Seven Hundred Fifty Thousand Dollars ($750,000.00) are provided for the purpose of purchasing AIDS drugs and other necessary AIDS related medical services.
SECTION 14. Of the funds appropriated in Sections 1 and 3, the amounts of One Hundred Ten Thousand Nine Hundred Seventy-seven Dollars ($110,977.00) shall be allocated to the T.K. Martin Center at Mississippi State University and One Hundred Ten Thousand Nine Hundred Seventy-seven Dollars ($110,977.00) shall be allocated to the Regional Rehabilitation Center in Tupelo for the Early Intervention Program.
SECTION 15. Of the funds appropriated herein, Fifty Thousand Dollars ($50,000.00) is provided for the Breast and Cervical Cancer Program.
SECTION 16. It is the intention of the Legislature that the Executive Director of the State Department of Health may authorize increases in major objects of expenditure in total amounts not to exceed twenty-five percent (25%) of the appropriated amount of each major object of expenditure, provided that other major objects of expenditure are decreased by a corresponding dollar amount. However, no transfers shall be authorized which increase the major object of expenditure "Salaries, Wages and Fringe Benefits."
SECTION 17. In addition to all other funds heretofore
appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Mississippi Burn Care Fund which is comprised of special source funds collected by or otherwise available to the department, for the purpose of funding the development of a plan for delivery of services and of providing reimbursement for uncompensated medical care to Mississippi burn victims through the trauma care system, for the fiscal year beginning July 1, 2006, and ending June 30, 2007.........................
................................................. $3,000,000.00.
SECTION 18. It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference. A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids.
SECTION 19. The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers, in the manner provided by law.
SECTION 20. This act shall take effect and be in force from and after July 1, 2006.
SS05\HB1564A.J
John O. Gilbert
Secretary of the Senate