HB0567_S_Cmte_Amend

SECTION 1. (1) The University of Mississippi Medical Center may, in its discretion, establish a separate unit at the medical center for the treatment of burn victims, which shall be known as the Mississippi Burn Center. The establishment of the Mississippi Burn Center and the appropriation of any funds by the Legislature are conditioned upon the private sector or local or federal government providing (a) fifty percent (50%) of the cost of construction, furnishing and equipping of the facility, and (b) fifty percent (50%) of the annual operating cost of the facility for the first ten (10) years of its operation. The funds required pursuant to this subsection from the private sector or local or federal government sources may be provided in the form of cash or in-kind contributions or any combination of cash or in-kind contributions.

(2) The Legislature may appropriate funds for the construction of the Mississippi Burn Center, and may appropriate sufficient funds annually to the University of Mississippi Medical Center for the operation of the Mississippi Burn Center, subject to the conditions prescribed in subsection (1).

SECTION 2. Section 7-9-70, Mississippi Code of 1972, is amended as follows:

7-9-70. (1) There is * * * created and established in the State Treasury a special trust fund to be known as the "Mississippi Fire Fighters Memorial Burn Center Fund." There shall be deposited in such fund (a) all such fees as the State Treasurer is directed to deposit therein under subsection (4) of Section 27-19-56.1, under subsection (4) of Section 27-19-56.2 and under subsection (5)(b) of Section 27-19-56.4; and (b) any gift, donation, bequest, trust, grant, endowment, transfer of money or securities or any other monies from any source whatsoever as may be designated for deposit in the fund.

(2) The principal of the trust fund created under subsection (1) of this section shall remain inviolate and shall be invested as provided by law. Interest and income derived from investment of the principal of the trust fund may be appropriated by the Legislature and expended exclusively for the support and maintenance of the Mississippi Fire Fighters Memorial Burn Center.

(3) From and after June 17, 2005, there shall be created in the State Treasury a fund known as the Mississippi Burn Care Fund. The Mississippi Burn Care Fund shall be the Mississippi Fire Fighters Memorial Burn Center Fund and any reference to the Mississippi Fire Fighters Memorial Burn Center Fund in law shall mean the Mississippi Burn Care Fund. All funds payable to the Mississippi Fire Fighters Memorial Burn Center Fund shall, from and after June 17, 2005, be paid to the Mississippi Burn Care Fund. All balances in the Mississippi Fire Fighters Memorial Burn Center Fund and the Mississippi Fire Fighters Memorial Fire Fighters Burn Center Escrow Fund shall be transferred to the Mississippi Burn Care Fund on June 17, 2005. All interest earned by funds in the Mississippi Burn Care Fund shall be credited to the fund and not the General Fund. For fiscal year 2006, and for each fiscal year thereafter, the Legislature may appropriate interest, income or other funds credited to the Mississippi Burn Care Fund, and there shall be no requirement that the monies deposited to the fund be held inviolate in trust. Any appropriation of funds from the Mississippi Burn Care Fund shall be to the Mississippi Department of Health for the purpose of carrying out its responsibilities established in Section 41-59-5; however, after the Mississippi Burn Center established at the University of Mississippi Medical Center under Section 1 of this act is operational, any appropriation of funds from the Mississippi Burn Care Fund shall be to the University of Mississippi Medical Center for the operation of the Mississippi Burn Center. The Mississippi Burn Care Fund shall be authorized to accept gifts, donations, bequests, appropriations or other grants from any source, governmental or private, for deposit into the fund. The Department of Health, or the University of Mississippi Medical Center after the Mississippi Burn Center is operational, shall be the agency responsible for receiving any such gifts, donations, bequests, appropriations or grants and shall deposit such to the Mississippi Burn Care Fund.

SECTION 3. Section 21-19-58, Mississippi Code of 1972, is amended as follows:

21-19-58. The board of supervisors of any county, and the governing authorities of any municipality in the state, are * * * authorized and empowered, in their discretion, to make contributions to the Mississippi Department of Health, or the University of Mississippi Medical Center after the Mississippi Burn Center is operational, for deposit to the Mississippi Burn Care Fund from the general fund or federal revenue sharing funds of such county or municipality wherein such funds may be available.

SECTION 4. Section 27-7-88, Mississippi Code of 1972, is amended as follows:

27-7-88. (1) Each resident individual taxpayer who files a Mississippi income tax return and who will receive a tax refund from the State Tax Commission may designate that a contribution be made to the Mississippi Burn Care Fund created in Section 7-9-70, by marking the appropriate box printed on the return under this subsection. In the case of a joint return, each spouse may designate that a portion of the refund shall be paid to the fund.

The State Tax Commission shall print on the Mississippi income tax form for residents a space for designating the contribution in substantially the following form:

"MISSISSIPPI BURN CARE FUND

I wish to contribute ( )$1 ( )$5 ( )$10 ( )Other $____ of my TAX REFUND TO THE MISSISSIPPI BURN CARE FUND."

(2) Each resident individual taxpayer who files a Mississippi income tax return, whether or not the individual will receive a tax refund from the State Tax Commission, may choose to make a contribution to the Mississippi Burn Care Fund created in Section 7-9-70 at the time of filing his or her tax return, by marking the appropriate box printed on the return under this subsection and paying the amount of the contribution to the State Tax Commission when filing the tax return. The contribution authorized to be made under this subsection shall be in addition to any income tax liability that the individual pays when filing the tax return or in addition to the amount of the individual's tax refund that is designated as a contribution to the fund under subsection (1) of this section. In the case of a joint return, each spouse may make a contribution to the fund under this subsection.

The State Tax Commission shall print on the Mississippi income tax form for residents a space for indicating the amount of the contribution in substantially the following form:

"MISSISSIPPI BURN CARE FUND

I wish to contribute ( )$1 ( )$5 ( )$10 ( )Other $____ to the MISSISSIPPI BURN CARE FUND," in addition to the payment of my income tax liability or in addition to the amount of my tax refund that I designated as a contribution to the fund."

(3) The State Tax Commission shall explain in the instructions accompanying the individual income tax form the purposes for which the contributions authorized in subsections (1) and (2) of this section shall be used.

(4) Subsection (1) of this section shall apply to taxable years beginning on or after January 1, 2001, and subsection (2) of this section shall apply to taxable years beginning on or after January 1, 2007.

(5) The Chairman of the State Tax Commission shall determine annually the total amount designated * * * to be paid to the fund under subsection (1) of this section, along with all interest earned thereon, and the total amount contributed to the fund under subsection (2) of this section, and shall report the total amounts to the State Treasurer, who shall pay those amounts into the Mississippi Burn Care Fund.

SECTION 5. Section 27-19-44.3, Mississippi Code of 1972, is amended as follows:

27-19-44.3. The Mississippi Department of Health, or the University of Mississippi Medical Center after the Mississippi Burn Center is operational, shall file an annual report with the Secretary of the Senate and the Clerk of the House of Representatives not later than January 10 of each year, describing the expenditure of funds appropriated to it from the Mississippi Burn Care Fund received from fees collected from the issuance of distinctive or special license tags under this chapter.

SECTION 6. Section 27-39-331, Mississippi Code of 1972, is amended as follows:

27-39-331. The board of supervisors of any county is * * * authorized and empowered, in its discretion, to set aside, appropriate and expend monies from the general fund to the Mississippi Department of Health, or the University of Mississippi Medical Center after the Mississippi Burn Center is operational, for deposit to the Mississippi Burn Care Fund.

SECTION 7. Section 27-39-332, Mississippi Code of 1972, is amended as follows:

27-39-332. The board of supervisors of any county is * * * authorized and empowered, in its discretion, to levy a tax not to exceed one (1) mill per annum upon all taxable property of the county, which shall be provided directly to the Mississippi Department of Health, or the University of Mississippi Medical Center after the Mississippi Burn Center is operational, to support the Mississippi Burn Care Fund.

SECTION 8. Section 41-59-5, Mississippi Code of 1972, is amended as follows:

41-59-5. (1) The State Board of Health shall establish and maintain a program for the improvement and regulation of emergency medical services (hereinafter EMS) in the State of Mississippi. The responsibility for implementation and conduct of this program shall be vested in the State Health Officer of the State Board of Health along with such other officers and boards as may be specified by law or regulation.

(2) The board shall provide for the regulation and licensing of public and private ambulance service, inspection and issuance of permits for ambulance vehicles, training and certification of EMS personnel, including drivers and attendants, the development and maintenance of a statewide EMS records program, development and adoption of EMS regulations, the coordination of an EMS communications system, and other related EMS activities.

(3) The board is authorized to promulgate and enforce such rules, regulations and minimum standards as needed to carry out the provisions of this chapter.

(4) The board is authorized to receive any funds appropriated to the board from the Emergency Medical Services Operating Fund created in Section 41-59-61 and is further authorized, with the Emergency Medical Services Advisory Council acting in an advisory capacity, to administer the disbursement of such funds to the counties, municipalities and organized emergency medical service districts and the utilization of such funds by the same, as provided in Section 41-59-61.

(5) The department acting as the lead agency, in consultation with and having solicited advice from the EMS Advisory Council, shall develop a uniform nonfragmented inclusive statewide trauma care system that provides excellent patient care. It is the intent of the Legislature that the purpose of this system is to reduce death and disability resulting from traumatic injury, and in order to accomplish this goal it is necessary to assign additional responsibilities to the department. The department is assigned the responsibility for creating, implementing and managing the statewide trauma care system. The department shall be designated as the lead agency for trauma care systems development. The department shall develop and administer trauma regulations that include, but are not limited to, the Mississippi Trauma Care System Plan, trauma system standards, trauma center designations, field triage, interfacility trauma transfer, EMS aero medical transportation, trauma data collection, trauma care system evaluation and management of state trauma systems funding. The department shall take the necessary steps to develop, adopt and implement the Mississippi Trauma Care System Plan and all associated trauma care system regulations necessary to implement the Mississippi trauma care system. The department shall cause the implementation of both professional and lay trauma education programs. These trauma educational programs shall include both clinical trauma education and injury prevention. As it is recognized that rehabilitation services are essential for traumatized individuals to be returned to active, productive lives, the department shall coordinate the development of the inclusive trauma system with the Mississippi Department of Rehabilitation Services and all other appropriate rehabilitation systems.

(6) The State Board of Health is authorized to receive any funds appropriated to the board from the Mississippi Trauma Care System Fund created in Section 41-59-75. It is further authorized, with the Emergency Medical Services Advisory Council and the Mississippi Trauma Advisory Committee acting in advisory capacities, to administer the disbursements of such funds according to adopted trauma care system regulations.

(7) In addition to the trauma-related duties provided for in this section, the Board of Health shall develop a plan for the delivery of services to Mississippi burn victims through the existing trauma care system of hospitals. Such plan shall be operational by July 1, 2005, and shall include:

(a) Systems by which burn patients will be assigned or transferred to hospitals capable of meeting their needs;

(b) Until the Mississippi Burn Center established at the University of Mississippi Medical Center under Section 1 of this act is operational, procedures for allocating funds appropriated from the Mississippi Burn Care Fund to hospitals that provide services to Mississippi burn victims; and

After the Mississippi Burn Center established at the University of Mississippi Medical Center under Section 1 of this act is operational, the Board of Health shall revise the plan to include the Mississippi Burn Center.

SECTION 9. (1) There is created the Trauma Care Task Force, which shall be composed of thirteen (13) members as follows:

(a) One (1) regional trauma registrar designated by the Trauma Care Committee of the Mississippi Hospital Association.

(b) One (1) licensed physician appointed by the Governor from a list of nominees from the Mississippi Chapter of the American College of Emergency Physicians;

(c) One (1) licensed physician appointed by the Governor from a list of nominees from the Mississippi Chapter of the American College of Surgeons;

(d) Two (2) hospital administrators designated by the Trauma Care Committee of Mississippi Hospital Association;

(e) Two (2) trauma nurse coordinators named by the Mississippi Association of Trauma Administrators;

(f) Two (2) members of the Mississippi House of Representatives appointed by the Speaker of the House;

(g) Two (2) members of the Senate appointed by the Lieutenant Governor;

(h) One (1) member appointed by the Governor, who shall be a person who has been a recipient of trauma care in Mississippi or who has an immediate family member who has been a recipient of trauma care in Mississippi;

(i) One (1) licensed physician or an appropriate administrator involved in the practice and/or delivery of trauma care at University Medical Center appointed by the Governor.

(2) All members of the task force shall be designated or appointed in accordance with Section 1 above and shall be so designated or appointed in sufficient time so as to allow for all members of the task force to be identified prior to the first meeting of the task force.

(3) The first meeting of the task force shall take place no later than June 1, 2007, on the call of the Governor at a place designated by him. At the first meeting of the task force, the two (2) hospital administrators designated in accordance with Section 1 shall act as temporary chairmen of the task force in order to organize and to elect a chairman and vice chairman from its membership. Following the election of the chairman and vice chairman, the task force shall adopt rules for transacting its business and keeping records. Members of the task force other than the legislative members shall receive reimbursement for travel expenses incurred while engaged in official business of the task force in accordance with Section 25-3-41, and the legislative members of the task force shall receive the compensation authorized for committee meetings when the Legislature is not in session. Payment of such expenses set forth herein shall be from funds made available therefor by the Legislature or from any other public or private source.

(4) (a) The duties of the task force shall be to:

(i) Conduct a study of the status of trauma care, including burn care, in Mississippi; and

(ii) Review and determine the efficacy of the Mississippi Trauma Care Plan; and

(iii) Determine adequate funding requirements and research existing and potential funding mechanisms necessary to provide for trauma care in Mississippi; and

(iv) Make appropriate findings and recommendations regarding the matters considered in accordance with the trauma care study in subsection (1) and regarding its review of the Mississippi Trauma Care Plan. Such findings and recommendations shall address, at a minimum, the status of the state's trauma care system and any legislative action that may be needed to further enhance the delivery of trauma care in Mississippi.

(b) Before December 1, 2007, the task force shall make a report presenting such findings and recommendations to the Governor and to all members of the Legislature for consideration during the 2008 Regular Session.

(5) The State Department of Health shall provide appropriate staff support and shall designate an appropriate department employee to act as a point of contact for the provision of staff support to the task force. All other agencies, departments, offices and institutions of the state, including all state universities and community and junior colleges, shall cooperate with the task force and provide such assistance as requested by the task force.

(6) Upon presentation of its report, the task force shall be dissolved.

SECTION 10. This act shall take effect and be in force from and after July 1, 2007, except for Section 9, which shall take effect and be in force from and after the passage of this act.