MISSISSIPPI LEGISLATURE
2011 Regular Session
To: Select Committee on Poverty; Public Health and Human Services
By: Representative Dickson
AN ACT TO CREATE A COMMISSION ON HEALTH, HUMAN SERVICES AND ECONOMIC SECURITY AND TO CREATE A DEPARTMENT OF HEALTH, HUMAN SERVICES AND ECONOMIC SECURITY; TO DEFINE THE COMPOSITION AND DUTIES OF THE COMMISSION AND DEPARTMENT; TO AMEND SECTIONS 41-3-1.1, 41-3-5.1 AND 41-3-15, MISSISSIPPI CODE OF 1972, TO MAKE THE COMMISSION ON HEALTH, HUMAN SERVICES AND ECONOMIC SECURITY AND THE DEPARTMENT OF HEALTH, HUMAN SERVICES AND ECONOMIC SECURITY, THE STATE BOARD OF HEALTH AND DEPARTMENT OF HEALTH; TO AMEND SECTIONS 41-4-3, 41-4-5 AND 41-4-7, MISSISSIPPI CODE OF 1972, TO MAKE THE COMMISSION ON HEALTH, HUMAN SERVICES AND ECONOMIC SECURITY AND THE DEPARTMENT OF HEALTH, HUMAN SERVICES AND ECONOMIC SECURITY THE STATE BOARD OF MENTAL HEALTH AND THE DEPARTMENT OF MENTAL HEALTH; TO AMEND SECTIONS 43-1-1, 43-1-2, 43-1-4, 43-1-5 AND 43-1-6, MISSISSIPPI CODE OF 1972, TO MAKE THE COMMISSION ON HEALTH, HUMAN SERVICES AND ECONOMIC SECURITY, THE DEPARTMENT OF HUMAN SERVICES; TO AMEND SECTIONS 71-5-101, 71-5-107, 71-5-115, 71-5-117 AND 71-5-119, MISSISSIPPI CODE OF 1972, TO MAKE THE COMMISSION ON HEALTH, HUMAN SERVICES AND ECONOMIC SECURITY AND THE DEPARTMENT OF HEALTH, HUMAN SERVICES AND ECONOMIC SECURITY THE DEPARTMENT OF EMPLOYMENT SECURITY; TO REPEAL SECTION 60, CHAPTER 572, LAWS OF 2004, AS AMENDED BY SECTION 58, CHAPTER 30, 2008 FIRST EXTRAORDINARY SESSION, AS AMENDED BY SECTION 58, CHAPTER 559, LAWS OF 2010, WHICH EXTENDED THE REPEALER ON THOSE STATUTES THAT ESTABLISH AND PRESCRIBE THE MEMBERSHIP OF THE MISSISSIPPI WORKFORCE INVESTMENT BOARD AND TRANSFERRED THE MISSISSIPPI EMPLOYMENT SECURITY COMMISSION TO THE MISSISSIPPI DEPARTMENT OF EMPLOYMENT SECURITY; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Due to the interrelationships between the health, economic security and general well-being of the citizens of the state the Legislature finds the following:
(a) That the state currently fragments the delivery of services related to the improvement of families, health and economic security among several agencies;
(b) That the efforts of these agencies are interrelated in that improved job training may bring a person out from poverty, that improved mental health will make a person a better parent, and that improve health can make a person a more productive worker or participant in the state's economy;
(c) That there must be a means of providing Mississippians with easy access to information and programs that cut across traditional agency lines of jurisdiction to better serve the people of the state.
SECTION 2. (1) There is created a Commission on Health, Human Services and Economic Security that shall consist of nine (9) members who shall be appointed by the Governor, with the advice and consent of the Senate. All members shall be appointed--two (2) from each congressional district as constituted on January 1, 2011, and one (1) member from the state at large. The initial terms shall be as follows:
(a) The two (2) members appointed from the First Congressional District shall serve for one (1) year;
(b) The two (2) members from the Second Congressional District shall serve for two (2) years;
(c) The two (2) members from the Third Congressional District shall serve for three (3) years;
(d) The two (2) members from the Fourth Congressional District shall serve for four (4) years; and
(e) The member appointed from the state at large shall serve for five (5) years.
(2) Following the initial terms of office as prescribed in subsection (1) of this section, all members shall be appointed for a term of five (5) years. One (1) member from the Second Congressional District and one (1) member from the Third Congressional District shall be recipients of either TANF or food stamps at the beginning of their terms of service and throughout their term of service on the commission. In making all appointments to the commission, the Governor shall ensure that the membership of the commission reflects the many socioeconomic groups who make up the population of the state and the consumers of the services that are to be provided by the commission.
(3) All members of the commission shall be qualified electors of the state and shall, before confirmation, take the oath of office. One (1) member from the First Congressional District and one (1) member from the Third Congressional District shall be physicians who are licensed by the State Board of Medical Licensure. One (1) member from the Second Congressional District shall be a licensed psychologist. One (1) member from the Fourth Congressional District shall be a licensed physician and a board certified psychiatrist. The one (1) member appointed from the state at large shall be a licensed social worker. All other members shall be persons knowledgeable in the management of business or governmental agencies, but none shall be a physician, social worker or psychologist. No member shall have been an employee or board member of the Department of Human Services, the Department of Health, the Department of Mental Health or the Department of Employment Security for five (5) years immediately prior to being appointed to the commission.
(4) The general authority of the commission shall be as follows:
(a) To appoint an executive director to serve at the will and pleasure of the commission;
(b) To adopt rules and regulations for the delivery of services provided for by this act or any other provision of law that empowers the commission or its predecessors;
(c) To develop a strategic plan for the delivery of all services to be delivered by the Department of Health, Human Services and Economic Security;
(d) To devise a strategic plan for the delivery of all services to be delivered by the Department of Health, Human Services and Economic Security;
(e) To devise and implement any and all rules, procedures, and processes needed to ensure that all field representatives of the Department of Health, Human Services and Economic Security have the knowledge of agency programs necessary to ensure that service recipients will be provided with the services they need to enable them to become independent, productive citizens of the state where possible;
(f) To administer all programs assigned to the Department of Human Services, the Department of Health, the Department of Mental Health, and the Department of Employment Security on June 30, 2011, until such time as the Legislature may choose to repeal or assign such programs to the authority of another agency;
(g) To receive donations, grants and other things of value and expend such subject to limitations and terms of annual appropriation;
(h) To sue and be sued in the name of the commission; and
(i) To establish rules of procedure governing the meetings of the commission and to elect officers and establish committees where necessary.
(5) There is created the Department of Health, Human Services and Economic Security which shall be charged with the following responsibilities:
(a) To administer all programs assigned to the department by this act or by any other provision of law;
(b) To carry out all policies relative to the delivery of services that are adopted by the Commission on Health, Human Services and Economic Security;
(c) To hire staff in accordance with all law, rules and polices adopted for the administration of the statewide personnel system provided by Section 25-9-101 et seq.; and
(d) To organize the staff in a manner consistent with the policies and directives of the Commission on Health, Human Services and Economic Security.
(6) The department shall be headed by an executive director who shall be appointed by the Commission on Health, Human Services and Economic Security and who shall serve at the will and pleasure of the commission. The executive director shall be subject to the advice and consent of the Senate. The executive director shall have a master's degree in public administration, business administration, or public health, and shall have at least ten (10) years of experience in delivering health or human services programs prior to selection. In addition to any other responsibilities conferred by law, it shall be the duty of the executive director to ensure that the department's efforts at serving the citizens of the state are fully coordinated and that all reasonable efforts are made to ensure that the agency's service staff are prepared to assist the residents of the state in procuring the broad range of services provided by the department.
SECTION 3. Beginning July 1, 2011, the commission shall commence a comprehensive strategic planning effort for the delivery of services that are be delivered by the Department of Health, Human Services and Economic Security. This strategic planning effort shall consist of the formulation of a vision and mission statement, as well as program goals and objectives. In developing program goals and objectives, the commission shall define what each agency program is, using legal mandates as one (1) basis for the definition, and shall devise goals and objectives that are measurable for each program. For all programs, the agency shall establish measurable outcomes and outputs for all programs, the attainment of which shall be used as a benchmark for determining how successful the agency has been in delivering services. The commission shall annually evaluate the strategic plan and determine if modifications are required. In addition, the commission may, when feasible and legal, combine programs of former agencies when doing so will result in the reduction of costs for administering services.
SECTION 4. Section 41-3-1.1, Mississippi Code of 1972, is amended as follows:
41-3-1.1. (1) The Commission on Health, Human Services and Economic Security shall be the State Board of Health. Any references to the State Board of Health in this chapter or in other provision of law shall mean the Commission on Health, Human Services and Economic Security. From and after July 1, 2011, all property, funds, position and other assets of the Board of Health, or the Department of Health shall be transferred to the Commission on Health, Human Services and Economic Security.
(2) The Commission on Health, Human Services and Economic Security shall exercise all powers formerly vested in the State Board of health, and all rules, regulation and polices of the State Board of Health in force and in effect on June 30, 2011, shall remain in effect until such time that the Commission on Health, Human Services and Economic Security shall amend, repeal or rescind them.
(3) The Speaker of the House of Representatives and the Lieutenant Governor shall each designate one (1) member of the House of Representatives and one (1) member of the Senate to serve as advisors to the Department of Health, Human Services and Economic Security on issues of public health. Such member of the Legislature may meet with the executive director of the department and any members of his or her staff as necessary one (1) day per month. The two (2) designated legislative advisors may also meet with the Commission on Health, Human Services and Economic Security if necessary to advise on or to discuss policies related to public health.
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SECTION 5. Section 41-3-5.1, Mississippi Code of 1972, is amended as follows:
41-3-5.1. (1) The Executive Director of the Department of Health, Human Services and Economic Security shall carry out the responsibilities of the Executive Officer of the Department of Health as constituted on June 30, 2011. Any references to the Executive Officer of the Department of Health or the State Health Officer appearing in this chapter or any other provision of law shall mean the Executive Director of the Department of Health, Human Services and Economic Security. The executive director may, with the concurrence of the Commission on Health, Human Services and Economic Security, delegate any responsibilities provided for in law to be carried out by the State Health Officer or the Executive Director of the Department of Health to the Director of the Office of Health, Department of Health, Human Services and Economic Security.
(2) The Office of Health shall be headed by a director who is appointed by the Executive Director of the Department of Health, Human Services and Economic Security. The director shall be either a physician who has earned a graduate degree in public health or health care administration, or a physician who * * * is fitted and equipped to execute the duties incumbent upon him or her by law. The director shall hold the position at the will and pleasure of the Executive Director of the Department of Health, Human Services and Security. * * *
SECTION 6. Section 41-3-15, Mississippi Code of 1972, is amended as follows:
41-3-15. (1) (a) There shall be within the Department of Health, Human Services and Economic Security an Office of Health.
(b) The Commission on Health, Human Services and Economic Security shall have the following powers and duties:
(i) To formulate the policy of the State Department of Health regarding public health matters within the jurisdiction of the department;
(ii) To adopt, modify, repeal and promulgate, after due notice and hearing, and enforce rules and regulations implementing or effectuating the powers and duties of the department under any and all statutes within the department's jurisdiction, and as the board may deem necessary;
(iii) To apply for, receive, accept and expend any federal or state funds or contributions, gifts, trusts, devises, bequests, grants, endowments or funds from any other source or transfers of property of any kind;
(iv) To enter into, and to authorize the executive officer to execute contracts, grants and cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the provisions of this chapter, if it finds those actions to be in the public interest and the contracts or agreements do not have a financial cost that exceeds the amounts appropriated for those purposes by the Legislature;
(v) To appoint, upon recommendation of the Executive Officer of the State Department of Health, a Director of Internal Audit who shall be either a Certified Public Accountant or Certified Internal Auditor, and whose employment shall be continued at the discretion of the board, and who shall report directly to the board, or its designee; and
(vi) To discharge such other duties, responsibilities and powers as are necessary to implement the provisions of this chapter.
(c) The Executive Officer of the Department of Health, Human Services and Economic Security, acting through the Office of Health, shall have the following powers and duties:
(i) To administer the policies of the State Board of Health within the authority granted by the board;
(ii) To supervise and direct all administrative and technical activities of the department, except that the department's internal auditor shall be subject to the sole supervision and direction of the board;
(iii) To organize the administrative units of the department in accordance with the plan adopted by the board and, with board approval, alter the organizational plan and reassign responsibilities as he or she may deem necessary to carry out the policies of the board;
(iv) To coordinate the activities of the various offices of the department;
(v) To employ, subject to regulations of the State Personnel Board, qualified professional personnel in the subject matter or fields of each office, and such other technical and clerical staff as may be required for the operation of the department. The executive officer shall be the appointing authority for the department, and shall have the power to delegate the authority to appoint or dismiss employees to appropriate subordinates, subject to the rules and regulations of the State Personnel Board;
(vi) To recommend to the board such studies and investigations as he or she may deem appropriate, and to carry out the approved recommendations in conjunction with the various offices;
(vii) To prepare and deliver to the Legislature and the Governor on or before January 1 of each year, and at such other times as may be required by the Legislature or Governor, a full report of the work of the department and the offices thereof, including a detailed statement of expenditures of the department and any recommendations the board may have;
(viii) To prepare and deliver to the Chairmen of the Public Health and Welfare/Human Services Committees of the Senate and House on or before January 1 of each year, a plan for monitoring infant mortality in Mississippi and a full report of the work of the department on reducing Mississippi's infant mortality and morbidity rates and improving the status of maternal and infant health; and
(ix) To enter into contracts, grants and cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the provisions of this chapter, if he or she finds those actions to be in the public interest and the contracts or agreements do not have a financial cost that exceeds the amounts appropriated for those purposes by the Legislature. Each contract or agreement entered into by the executive officer shall be submitted to the board before its next meeting.
(2) The State Board of Health shall have the authority to establish an Office of Rural Health within the department. The duties and responsibilities of this office shall include the following:
(a) To collect and evaluate data on rural health conditions and needs;
(b) To engage in policy analysis, policy development and economic impact studies with regard to rural health issues;
(c) To develop and implement plans and provide technical assistance to enable community health systems to respond to various changes in their circumstances;
(d) To plan and assist in professional recruitment and retention of medical professionals and assistants; and
(e) To establish information clearinghouses to improve access to and sharing of rural health care information.
(3) The State Board of Health shall have general supervision of the health interests of the people of the state and to exercise the rights, powers and duties of those acts which it is authorized by law to enforce.
(4) The State Board of Health shall have authority:
(a) To make investigations and inquiries with respect to the causes of disease and death, and to investigate the effect of environment, including conditions of employment and other conditions that may affect health, and to make such other investigations as it may deem necessary for the preservation and improvement of health.
(b) To make such sanitary investigations as it may, from time to time, deem necessary for the protection and improvement of health and to investigate nuisance questions that affect the security of life and health within the state.
(c) To direct and control sanitary and quarantine measures for dealing with all diseases within the state possible to suppress same and prevent their spread.
(d) To obtain, collect and preserve such information relative to mortality, morbidity, disease and health as may be useful in the discharge of its duties or may contribute to the prevention of disease or the promotion of health in this state.
(e) To charge and collect reasonable fees for health services, including immunizations, inspections and related activities, and the board shall charge fees for those services; provided, however, if it is determined that a person receiving services is unable to pay the total fee, the board shall collect any amount that the person is able to pay.
(f) (i) To establish standards for, issue permits and exercise control over, any cafes, restaurants, food or drink stands, sandwich manufacturing establishments, and all other establishments, other than churches, church-related and private schools, and other nonprofit or charitable organizations, where food or drink is regularly prepared, handled and served for pay; and
(ii) To require that a permit be obtained from the Department of Health before those persons begin operation. If any such person fails to obtain the permit required in this subparagraph (ii), the State Board of Health, after due notice and opportunity for a hearing, may impose a monetary penalty not to exceed One Thousand Dollars ($1,000.00) for each violation. However, the department is not authorized to impose a monetary penalty against any person whose gross annual prepared food sales are less than Five Thousand Dollars ($5,000.00). Money collected by the board under this subparagraph (ii) shall be deposited to the credit of the State General Fund of the State Treasury.
(g) To promulgate rules and regulations and exercise control over the production and sale of milk pursuant to the provisions of Sections 75-31-41 through 75-31-49.
(h) On presentation of proper authority, to enter into and inspect any public place or building where the State Health Officer or his representative deems it necessary and proper to enter for the discovery and suppression of disease and for the enforcement of any health or sanitary laws and regulations in the state.
(i) To conduct investigations, inquiries and hearings, and to issue subpoenas for the attendance of witnesses and the production of books and records at any hearing when authorized and required by statute to be conducted by the State Health Officer or the State Board of Health.
(j) To promulgate rules and regulations, and to collect data and information, on (i) the delivery of services through the practice of telemedicine; and (ii) the use of electronic records for the delivery of telemedicine services.
(k) To enforce and regulate domestic and imported fish as authorized under Section 69-7-601 et seq.
(5) (a) The State Board of Health shall have the authority, in its discretion, to establish programs to promote the public health, to be administered by the State Department of Health. Specifically, those programs may include, but shall not be limited to, programs in the following areas:
(i) Maternal and child health;
(ii) Family planning;
(iii) Pediatric services;
(iv) Services to crippled and disabled children;
(v) Control of communicable and noncommunicable disease;
(vi) Chronic disease;
(vii) Accidental deaths and injuries;
(viii) Child care licensure;
(ix) Radiological health;
(x) Dental health;
(xi) Milk sanitation;
(xii) Occupational safety and health;
(xiii) Food, vector control and general sanitation;
(xiv) Protection of drinking water;
(xv) Sanitation in food handling establishments open to the public;
(xvi) Registration of births and deaths and other vital events;
(xvii) Such public health programs and services as may be assigned to the State Board of Health by the Legislature or by executive order; and
(xviii) Regulation of domestic and imported fish for human consumption.
(b) The State Board of Health and State Department of Health shall not be authorized to sell, transfer, alienate or otherwise dispose of any of the home health agencies owned and operated by the department on January 1, 1995, and shall not be authorized to sell, transfer, assign, alienate or otherwise dispose of the license of any of those home health agencies, except upon the specific authorization of the Legislature by an amendment to this section. However, this paragraph (b) shall not prevent the board or the department from closing or terminating the operation of any home health agency owned and operated by the department, or closing or terminating any office, branch office or clinic of any such home health agency, or otherwise discontinuing the providing of home health services through any such home health agency, office, branch office or clinic, if the board first demonstrates that there are other providers of home health services in the area being served by the department's home health agency, office, branch office or clinic that will be able to provide adequate home health services to the residents of the area if the department's home health agency, office, branch office or clinic is closed or otherwise discontinues the providing of home health services. This demonstration by the board that there are other providers of adequate home health services in the area shall be spread at length upon the minutes of the board at a regular or special meeting of the board at least thirty (30) days before a home health agency, office, branch office or clinic is proposed to be closed or otherwise discontinue the providing of home health services.
(c) The State Department of Health may undertake such technical programs and activities as may be required for the support and operation of those programs, including maintaining physical, chemical, bacteriological and radiological laboratories, and may make such diagnostic tests for diseases and tests for the evaluation of health hazards as may be deemed necessary for the protection of the people of the state.
(6) (a) The State Board of Health shall administer the local governments and rural water systems improvements loan program in accordance with the provisions of Section 41-3-16.
(b) The State Board of Health shall have authority:
(i) To enter into capitalization grant agreements with the United States Environmental Protection Agency, or any successor agency thereto;
(ii) To accept capitalization grant awards made under the federal Safe Drinking Water Act, as amended;
(iii) To provide annual reports and audits to the United States Environmental Protection Agency, as may be required by federal capitalization grant agreements; and
(iv) To establish and collect fees to defray the reasonable costs of administering the revolving fund or emergency fund if the State Board of Health determines that those costs will exceed the limitations established in the federal Safe Drinking Water Act, as amended. The administration fees may be included in loan amounts to loan recipients for the purpose of facilitating payment to the board; however, those fees may not exceed five percent (5%) of the loan amount.
(7) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The department shall issue a license to Alexander Milne Home for Women, Inc., a 501(c)(3) nonprofit corporation, for the construction, conversion, expansion and operation of not more than forty-five (45) beds for developmentally disabled adults who have been displaced from New Orleans, Louisiana, with the beds to be located in a certified ICF-MR facility in the City of Laurel, Mississippi. There shall be no prohibition or restrictions on participation in the Medicaid program for the person receiving the license under this subsection (7). The license described in this subsection shall expire five (5) years from the date of its issue. The license authorized by this subsection shall be issued upon the initial payment by the licensee of an application fee of Sixty-seven Thousand Dollars ($67,000.00) and a monthly fee of Sixty-seven Thousand Dollars ($67,000.00) after the issuance of the license, to be paid as long as the licensee continues to operate. The initial and monthly licensing fees shall be deposited by the State Department of Health into the special fund created under Section 41-7-188.
(8) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The State Department of Health is authorized to issue a license to an existing home health agency for the transfer of a county from that agency to another existing home health agency, and to charge a fee for reviewing and making a determination on the application for such transfer not to exceed one-half (1/2) of the authorized fee assessed for the original application for the home health agency, with the revenue to be deposited by the State Department of Health into the special fund created under Section 41-7-188.
(9) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: For the period beginning July 1, 2010, through June 30, 2014, the State Department of Health is authorized and empowered to assess a fee in addition to the fee prescribed in Section 41-7-188 for reviewing applications for certificates of need in an amount not to exceed twenty-five one-hundredths of one percent (.25 of 1%) of the amount of a proposed capital expenditure, but shall be not less than Two Hundred Fifty Dollars ($250.00) regardless of the amount of the proposed capital expenditure, and the maximum additional fee permitted shall not exceed Fifty Thousand Dollars ($50,000.00). Provided that the total assessments of fees for certificate of need applications under Section 41-7-188 and this section shall not exceed the actual cost of operating the certificate of need program.
(10) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The State Department of Health is authorized to extend and renew any certificate of need that has expired, and to charge a fee for reviewing and making a determination on the application for such action not to exceed one-half (1/2) of the authorized fee assessed for the original application for the certificate of need, with the revenue to be deposited by the State Department of Health into the special fund created under Section 41-7-188.
(11) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The State Department of Health is authorized and empowered, to revoke, immediately, the license and require closure of any institution for the aged or infirm, including any other remedy less than closure to protect the health and safety of the residents of said institution or the health and safety of the general public.
(12) Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The State Department of Health is authorized and empowered, to require the temporary detainment of individuals for disease control purposes based upon violation of any order of the State Health Officer, as provided in Section 41-23-5. For the purpose of enforcing such orders of the State Health Officer, persons employed by the department as investigators shall have general arrest powers. All law enforcement officers are authorized and directed to assist in the enforcement of such orders of the State Health Officer.
SECTION 7. Section 41-4-3, Mississippi Code of 1972, is amended as follows:
41-4-3. The Commission on Health, Human Services and Economic Security shall be the State Board of Mental Health. Any reference in this chapter, or any other provision of law to the State Board of Mental Health shall mean the Commission on Health, Human Services and Economic Security. From and after July 1, 2011, all positions, funds, property and other assets of the State Board of Mental Health, or the Department of Mental Health, shall be transferred to the Commission on Health, Human Services and Economic Security. Any rules and regulations of the State Board of Mental Health in force and in effect on June 30, 2011, shall remain in force until such time as the Commission on Health, Human Services and Economic Security amends, repeals or rescinds such rules and regulations.
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SECTION 8. Section 41-4-5, Mississippi Code of 1972, is amended as follows:
41-4-5. The Department of Health, Human Services and Economic Security shall be the Department of Mental Health. Any references to the Department of Mental Health in this chapter or any other provision of law shall mean the Department of Health, Human Services and Economic Security. There is created within the Department of Health, Human Services and Economic Security an Office of Mental Health. The Executive Director of the Department of Health, Human Services and Economic Security may, with the concurrence of the Commission on Health, Human Services and Economic Security, delegate any responsibilities provided for in law to be carried out by the Department of Mental Health, or the Executive Director of the Department of Mental Health, or the Executive Officer of the Department of Health to the Director of the Office of Mental Heath, Department of Health, Human Services and Economic Security.
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SECTION 9. Section 41-4-7, Mississippi Code of 1972, is amended as follows:
41-4-7. The Commission on Health, Human Services and Economic Security, acting through the Department of Health, Human Services and Economic Security, shall have the following powers and duties:
(a) To authorize the Executive Director of the Department of Health, Human Services and Economic Security to appoint a full-time Director of the Office of Mental Health who shall be a physician licensed by the State Board of Medical Licensure, be certified in psychiatry, and shall possess at least ten (10) years experience in the field of mental health;
(b) To set up state plans for the purpose of controlling and treating any and all forms of mental and emotional illness, alcoholism, drug misuse and developmental disabilities;
(c) To supervise, coordinate and establish standards for all operations and activities of the state related to mental health and providing mental health services. Nothing in this chapter shall preclude the services of a psychiatric/mental health nurse practitioner in accordance with an established nurse practitioner-physician protocol. A physician, clinical psychologist or psychiatric/mental health nurse practitioner in accordance with an established nurse practitioner-physician protocol shall certify each client's record annually after seeing the client in person or by telemedicine, and more often if medically indicated by physically visiting the client and certifying same in the record. A licensed clinical social worker may review a client's record for certification by a physician, clinical psychologist or psychiatric/mental health nurse practitioner, as provided under this paragraph. The board shall have the authority to develop and implement all standards and plans and shall have the authority to establish appropriate actions, including financially punitive actions, to ensure enforcement of these established standards, in accordance with the Administrative Procedures Law (Section 25-43-1 et seq.). The regional community mental health/intellectual disability centers shall comply with all of the board's established standards that are applicable to those centers, and the board may withhold any state funds that otherwise would be allocated or paid to any of those centers that does not comply with the board's established standards. This paragraph (c) shall stand repealed on July 1, 2013;
(d) To enter into contracts with any other state or federal agency, or with any private person, organization or group capable of contracting, if it finds such action to be in the public interest;
(e) To collect reasonable fees for its services; however, if it is determined that a person receiving services is unable to pay the total fee, the department shall collect any amount such person is able to pay;
(f) To certify, coordinate and establish minimum standards and establish minimum required services for regional mental health and intellectual disability commissions and other community service providers for community or regional programs and services in mental health, intellectual disabilities, alcoholism, drug misuse, developmental disabilities, compulsive gambling, addictive disorders and related programs throughout the state. Such regional mental health and intellectual disability commissions and other community service providers shall submit an annual operational plan to the State Department of Mental Health for approval or disapproval based on the minimum standards and minimum required services established by the department for certification. If the department finds deficiencies in the plan of any regional commission or community service provider based on the minimum standards and minimum required services established for certification, the department shall give the regional commission or community service provider a six-month probationary period to bring its standards and services up to the established minimum standards and minimum required services. After the six-month probationary period, if the department determines that the regional commission or community service provider still does not meet the minimum standards and minimum required services established for certification, the department may remove the certification of the commission or provider. However, the department shall not mandate a standard or service, or decertify a regional commission or community service provider for not meeting a standard or service, if the standard or service does not have funding appropriated by the Legislature or have a funding source from the State Department of Mental Health or a local funding source. The State Board of Mental Health shall promulgate rules and regulations necessary to implement the provisions of this paragraph (f), in accordance with the Administrative Procedures Law (Section 25-43-1 et seq.);
(g) To establish and promulgate reasonable minimum standards for the construction and operation of state and all Department of Mental Health certified facilities, including reasonable minimum standards for the admission, diagnosis, care, treatment, transfer of patients and their records, and also including reasonable minimum standards for providing day care, outpatient care, emergency care, inpatient care and follow-up care, when such care is provided for persons with mental or emotional illness, an intellectual disability, alcoholism, drug misuse and developmental disabilities;
(h) To assist community or regional programs consistent with the purposes of this chapter by making grants and contracts from available funds;
(i) To establish and collect reasonable fees for necessary inspection services incidental to certification or compliance;
(j) To accept gifts, trusts, bequests, grants, endowments or transfers of property of any kind;
(k) To receive monies coming to it by way of fees for services or by appropriations;
(l) To serve as the single state agency in receiving and administering any and all funds available from any source for the purpose of service delivery, training, research and education in regard to all forms of mental illness, intellectual disabilities, alcoholism, drug misuse and developmental disabilities, unless such funds are specifically designated to a particular agency or institution by the federal government, the Mississippi Legislature or any other grantor;
(m) To establish mental health holding centers for the purpose of providing short-term emergency mental health treatment, places for holding persons awaiting commitment proceedings or awaiting placement in a state mental health facility following commitment, and for diverting placement in a state mental health facility. These mental health holding facilities shall be readily accessible, available statewide, and be in compliance with emergency services' minimum standards. They shall be comprehensive and available to triage and make appropriate clinical disposition, including the capability to access inpatient services or less restrictive alternatives, as needed, as determined by medical staff. Such facility shall have medical, nursing and behavioral services available on a twenty-four-hour-a-day basis. The board may provide for all or part of the costs of establishing and operating the holding centers in each district from such funds as may be appropriated to the board for such use, and may participate in any plan or agreement with any public or private entity under which the entity will provide all or part of the costs of establishing and operating a holding center in any district;
(n) To certify/license case managers, mental health therapists, intellectual disability therapists, mental health/intellectual disability program administrators, addiction counselors and others as deemed appropriate by the board. Persons already professionally licensed by another state board or agency are not required to be certified/licensed under this section by the Department of Mental Health. The department shall not use professional titles in its certification/licensure process for which there is an independent licensing procedure. Such certification/licensure shall be valid only in the state mental health system, in programs funded and/or certified by the Department of Mental Health, and/or in programs certified/licensed by the State Department of Health that are operated by the state mental health system serving persons with mental illness, an intellectual disability, a developmental disability or addictions, and shall not be transferable;
(o) To develop formal mental health worker qualifications for regional mental health and intellectual disability commissions and other community service providers. The State Personnel Board shall develop and promulgate a recommended salary scale and career ladder for all regional mental health/intellectual disability center therapists and case managers who work directly with clients. The State Personnel Board shall also develop and promulgate a career ladder for all direct care workers employed by the State Department of Mental Health;
(p) The employees of the department shall be governed by personnel merit system rules and regulations, the same as other employees in state services;
(q) To establish such rules and regulations as may be necessary in carrying out the provisions of this chapter, including the establishment of a formal grievance procedure to investigate and attempt to resolve consumer complaints;
(r) To grant easements for roads, utilities and any other purpose it finds to be in the public interest;
(s) To survey statutory designations, building markers and the names given to mental health/intellectual disability facilities and proceedings in order to recommend deletion of obsolete and offensive terminology relative to the mental health/intellectual disability system. Based upon a recommendation of the executive director, the board shall have the authority to name/rename any facility operated under the auspices of the Department of Mental Health for the sole purpose of deleting such terminology;
(t) To ensure an effective case management system directed at persons who have been discharged from state and private psychiatric hospitals to ensure their continued well-being in the community;
(u) To develop formal service delivery standards designed to measure the quality of services delivered to community clients, as well as the timeliness of services to community clients provided by regional mental health/intellectual disability commissions and other community services providers;
(v) To establish regional state offices to provide mental health crisis intervention centers and services available throughout the state to be utilized on a case-by-case emergency basis. The regional services director, other staff and delivery systems shall meet the minimum standards of the Department of Mental Health;
(w) To require performance contracts with community mental health/intellectual disability service providers to contain performance indicators to measure successful outcomes, including diversion of persons from inpatient psychiatric hospitals, rapid/timely response to emergency cases, client satisfaction with services and other relevant performance measures;
(x) To enter into interagency agreements with other state agencies, school districts and other local entities as determined necessary by the department to ensure that local mental health service entities are fulfilling their responsibilities to the overall state plan for behavioral services;
(y) To establish and maintain a toll-free grievance reporting telephone system for the receipt and referral for investigation of all complaints by clients of state and community mental health/intellectual disability facilities;
(z) To establish a peer review/quality assurance evaluation system that assures that appropriate assessment, diagnosis and treatment is provided according to established professional criteria and guidelines;
(aa) To develop and implement state plans for the purpose of assisting with the care and treatment of persons with Alzheimer's disease and other dementia. This plan shall include education and training of service providers, caregivers in the home setting and others who deal with persons with Alzheimer's disease and other dementia, and development of adult day care, family respite care and counseling programs to assist families who maintain persons with Alzheimer's disease and other dementia in the home setting. No agency shall be required to provide any services under this section until such time as sufficient funds have been appropriated or otherwise made available by the Legislature specifically for the purposes of the treatment of persons with Alzheimer's and other dementia;
(bb) Working with the advice and consent of the administration of Ellisville State School, to enter into negotiations with the Economic Development Authority of Jones County for the purpose of negotiating the possible exchange, lease or sale of lands owned by Ellisville State School to the Economic Development Authority of Jones County. It is the intent of the Mississippi Legislature that such negotiations shall ensure that the financial interest of the persons with an intellectual disability served by Ellisville State School will be held paramount in the course of these negotiations. The Legislature also recognizes the importance of economic development to the citizens of the State of Mississippi and Jones County, and encourages fairness to the Economic Development Authority of Jones County. Any negotiations proposed which would result in the recommendation for exchange, lease or sale of lands owned by Ellisville State School must have the approval of the State Board of Mental Health. The State Board of Mental Health may and has the final authority as to whether or not these negotiations result in the exchange, lease or sale of the properties it currently holds in trust for persons with an intellectual disability served at Ellisville State School.
If the State Board of Mental Health authorizes the sale of lands owned by Ellisville State School, as provided for under this paragraph (bb), the monies derived from the sale shall be placed into a special fund that is created in the State Treasury to be known as the "Ellisville State School Client's Trust Fund." The principal of the trust fund shall remain inviolate and shall never be expended. Any interest earned on the principal may be expended solely for the benefits of clients served at Ellisville State School. The State Treasurer shall invest the monies of the trust fund in any of the investments authorized for the Mississippi Prepaid Affordable College Tuition Program under Section 37-155-9, and those investments shall be subject to the limitations prescribed by Section 37-155-9. Unexpended amounts remaining in the trust fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the trust fund shall be deposited to the credit of the trust fund. The administration of Ellisville State School may use any interest earned on the principal of the trust fund, upon appropriation by the Legislature, as needed for services or facilities by the clients of Ellisville State School. Ellisville State School shall make known to the Legislature, through the Legislative Budget Committee and the respective Appropriations Committees of the House and Senate, its proposed use of interest earned on the principal of the trust fund for any fiscal year in which it proposes to make expenditures thereof. The State Treasurer shall provide Ellisville State School with an annual report on the Ellisville State School Client's Trust Fund to indicate the total monies in the trust fund, interest earned during the year, expenses paid from the trust fund and such other related information.
Nothing in this section shall be construed as applying to or affecting mental health/intellectual disability services provided by hospitals as defined in Section 41-9-3(a), and/or their subsidiaries and divisions, which hospitals, subsidiaries and divisions are licensed and regulated by the Mississippi State Department of Health unless such hospitals, subsidiaries or divisions voluntarily request certification by the Mississippi State Department of Mental Health.
All new programs authorized under this section shall be subject to the availability of funds appropriated therefor by the Legislature;
(cc) Working with the advice and consent of the administration of Boswell Regional Center, to enter into negotiations with the Economic Development Authority of Simpson County for the purpose of negotiating the possible exchange, lease or sale of lands owned by Boswell Regional Center to the Economic Development Authority of Simpson County. It is the intent of the Mississippi Legislature that such negotiations shall ensure that the financial interest of the persons with an intellectual disability served by Boswell Regional Center will be held paramount in the course of these negotiations. The Legislature also recognizes the importance of economic development to the citizens of the State of Mississippi and Simpson County, and encourages fairness to the Economic Development Authority of Simpson County. Any negotiations proposed which would result in the recommendation for exchange, lease or sale of lands owned by Boswell Regional Center must have the approval of the State Board of Mental Health. The State Board of Mental Health may and has the final authority as to whether or not these negotiations result in the exchange, lease or sale of the properties it currently holds in trust for persons with an intellectual disability served at Boswell Regional Center. In any such exchange, lease or sale of such lands owned by Boswell Regional Center, title to all minerals, oil and gas on such lands shall be reserved, together with the right of ingress and egress to remove same, whether such provisions be included in the terms of any such exchange, lease or sale or not.
If the State Board of Mental Health authorizes the sale of lands owned by Boswell Regional Center, as provided for under this paragraph (cc), the monies derived from the sale shall be placed into a special fund that is created in the State Treasury to be known as the "Boswell Regional Center Client's Trust Fund." The principal of the trust fund shall remain inviolate and shall never be expended. Any earnings on the principal may be expended solely for the benefits of clients served at Boswell Regional Center. The State Treasurer shall invest the monies of the trust fund in any of the investments authorized for the Mississippi Prepaid Affordable College Tuition Program under Section 37-155-9, and those investments shall be subject to the limitations prescribed by Section 37-155-9. Unexpended amounts remaining in the trust fund at the end of a fiscal year shall not lapse into the State General Fund, and any earnings on amounts in the trust fund shall be deposited to the credit of the trust fund. The administration of Boswell Regional Center may use any earnings on the principal of the trust fund, upon appropriation by the Legislature, as needed for services or facilities by the clients of Boswell Regional Center. Boswell Regional Center shall make known to the Legislature, through the Legislative Budget Committee and the respective Appropriations Committees of the House and Senate, its proposed use of the earnings on the principal of the trust fund for any fiscal year in which it proposes to make expenditures thereof. The State Treasurer shall provide Boswell Regional Center with an annual report on the Boswell Regional Center Client's Trust Fund to indicate the total monies in the trust fund, interest and other income earned during the year, expenses paid from the trust fund and such other related information.
Nothing in this section shall be construed as applying to or affecting mental health/intellectual disability services provided by hospitals as defined in Section 41-9-3(a), and/or their subsidiaries and divisions, which hospitals, subsidiaries and divisions are licensed and regulated by the Mississippi State Department of Health unless such hospitals, subsidiaries or divisions voluntarily request certification by the Mississippi State Department of Mental Health.
All new programs authorized under this section shall be subject to the availability of funds appropriated therefor by the Legislature;
(dd) Notwithstanding any other section of the code, the Board of Mental Health shall be authorized to fingerprint and perform a criminal history record check on every employee or volunteer. Every employee and volunteer shall provide a valid current social security number and/or driver's license number which shall be furnished to conduct the criminal history record check. If no disqualifying record is identified at the state level, fingerprints shall be forwarded to the Federal Bureau of Investigation for a national criminal history record check;
(ee) The Department of Mental Health shall have the authority for the development of a consumer friendly single point of intake and referral system within its service areas for persons with mental illness, an intellectual disability, developmental disabilities or alcohol or substance abuse who need assistance identifying or accessing appropriate services. The department will develop and implement a comprehensive evaluation procedure ensuring that, where appropriate, the affected person or their parent or legal guardian will be involved in the assessment and planning process. The department, as the point of intake and as service provider, shall have the authority to determine the appropriate institutional, hospital or community care setting for persons who have been diagnosed with mental illness, an intellectual disability, developmental disabilities and/or alcohol or substance abuse, and may provide for the least restrictive placement if the treating professional believes such a setting is appropriate, if the person affected or their parent or legal guardian wants such services, and if the department can do so with a reasonable modification of the program without creating a fundamental alteration of the program. The least restrictive setting could be an institution, hospital or community setting, based upon the needs of the affected person or their parent or legal guardian;
(ff) To have the sole power and discretion to enter into, sign, execute and deliver long-term or multiyear leases of real and personal property owned by the Department of Mental Health to and from other state and federal agencies and private entities deemed to be in the public's best interest. Any monies derived from such leases shall be deposited into the funds of the Department of Mental Health for its exclusive use. Leases to private entities shall be approved by the Department of Finance and Administration and all leases shall be filed with the Secretary of State;
(gg) To certify and establish minimum standards and minimum required services for county facilities used for housing, feeding and providing medical treatment for any person who has been involuntarily ordered admitted to a treatment center by a court of competent jurisdiction. If the department finds deficiencies in any such county facility or its provider based on the minimum standards and minimum required services established for certification, the department shall give the county or its provider a six-month probationary period to bring its standards and services up to the established minimum standards and minimum required services. After the six-month probationary period, if the department determines that the county or its provider still does not meet the minimum standards and minimum required services, the department may remove the certification of the county or provider and require the county to contract with another county having a certified facility to hold those persons for that period of time pending transportation and admission to a state treatment facility. Any cost incurred by a county receiving an involuntarily committed person from a county with a decertified holding facility shall be reimbursed by the home county to the receiving county.
SECTION 10. Section 43-1-1, Mississippi Code of 1972, is amended as follows:
43-1-1. The Commission on Health, Human Services and Economic Security shall be the Department of Human Services. Any reference in this chapter or in any other provision of law to the Department of Human Services shall mean the Commission on Health, Human Services and Economic Security. On July 1, 2011, all funds, positions, property and other assets of the Department of Human Services shall be transferred to the Commission on Health, Human Services and Economic Security.
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SECTION 11. Section 43-1-2, Mississippi Code of 1972, is amended as follows:
43-1-2. (1) There is created within the Department of Health, Human Services and Economic Security the Office of Human Services, which shall be under the direction of the Department of Health, Human Services and Economic Security and operated under the policies and rules adopted by the Commission on Health, Human Services and Economic Security. Any reference to the Executive Director of the Department of Human Services shall mean the Commission on Health, Human Services and Economic Security, acting through the executive director. The executive director may, with the concurrence of the Commission on Health, Human Services and Economic security, delegate any responsibilities provided for in law to be carried out by the Department of Human Services to the Director of the Office of Human Services. Responsibilities of the Commission on Health, Human Services and Economic Security may not be delegated.
(2) There shall be a Director of the Office of Human Services, appointed by the Executive Director of the Department of Health, Human Services and Economic Security, who shall serve at the will and pleasure of the executive director of the department. The Director of the Office of Human Services shall possess the following qualifications:
(a) A bachelor's degree from an accredited institution of higher learning and ten (10) years' experience in management, public administration, finance or accounting; or
(b) A master's or doctoral degree from an accredited institution of higher learning and five (5) years' experience in management, public administration, finance or accounting.
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(3) There shall be a Joint Oversight Committee of the Department of Human Services composed of the respective chairmen of the Senate Public Health and Welfare Committee, the Senate Appropriations Committee, the House Public Health and Human Services Committee and the House Appropriations Committee, three (3) members of the Senate appointed by the Lieutenant Governor to serve at the will and pleasure of the Lieutenant Governor, and three (3) members of the House of Representatives appointed by the Speaker of the House to serve at the will and pleasure of the Speaker. The chairmanship of the committee shall alternate for twelve-month periods between the Senate members and the House members, on May 1 of each year, with the Chairman of the Senate Public Health and Welfare Committee serving as chairman beginning in even-numbered years, and the Chairman of the House Public Health and Human Services Committee serving as chairman beginning in odd-numbered years. The committee shall meet once each quarter, or upon the call of the chairman at such times as he deems necessary or advisable, and may make recommendations to the Legislature pertaining to any matter within the jurisdiction of the Mississippi Department of Human Services. The appointing authorities may designate an alternate member from their respective houses to serve when the regular designee is unable to attend such meetings of the oversight committee. For attending meetings of the oversight committee, such legislators shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem and expenses for attending meetings of the committee will be paid while the Legislature is in session. No per diem and expenses will be paid except for attending meetings of the oversight committee without prior approval of the proper committee in their respective houses.
(4) The Commission on Health, Human Services and Economic Security shall provide the services authorized by law to every individual determined to be eligible therefor, and in carrying out the purposes assigned to it by this chapter, and any other provision of law, the commission is empowered with the following:
(a) To formulate the policy of the department regarding human services within the jurisdiction of the department;
(b) To adopt, modify, repeal and promulgate, after due notice and hearing, and where not otherwise prohibited by federal or state law, to make exceptions to and grant exemptions and variances from, and to enforce rules and regulations implementing or effectuating the powers and duties of the department under any and all statutes within the department's jurisdiction, all of which shall be binding upon the county departments of human services;
(c) To apply for, receive and expend any federal or state funds or contributions, gifts, devises, bequests or funds from any other source;
(d) Except as limited by Section 43-1-3, to enter into and execute contracts, grants and cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the programs of the department; and
(e) To discharge such other duties, responsibilities and powers as are necessary to implement the programs of the Department of Health, Human Services and Economic Security.
(5) The executive director shall establish the organizational structure of the Office of Human Services which shall include the creation of any units necessary to implement the duties assigned to the department and consistent with specific requirements of law.
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(6) The Executive Director of the Department of Health, Human Services and Economic Security may delegate, subject to the approval of the commission, the authority to organize the Office of Human Services and employ and appoint heads of offices, bureaus and divisions, as defined in Section 7-17-11, who shall serve at the pleasure of the executive director. The salary and compensation of such office, bureau and division heads shall be subject to the rules and regulations adopted and promulgated by the State Personnel Board as created under Section 25-9-101 et seq. The executive director shall have the authority to organize offices as deemed appropriate to carry out the responsibilities of the department. The organization charts of the department shall be presented annually with the budget request of the Governor for review by the Legislature.
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SECTION 12. Section 43-1-4, Mississippi Code of 1972, is amended as follows:
43-1-4. The Commission on Health, Human Services and Economic Security, acting through the Department of Health, Human Services and Economic Security shall have the following powers and duties:
(a) To provide basic services and assistance statewide to needy and disadvantaged individuals and families.
(b) To promote integration of the many services and programs within its jurisdiction at the client level thus improving the efficiency and effectiveness of service delivery and providing easier access to clients.
(c) To develop a statewide comprehensive service delivery plan in coordination with the Board of Health, the Board of Mental Health, and the Department of Finance and Administration. Such plan shall be developed and presented to the Governor by January 1, 1990.
(d) To employ personnel and expend funds appropriated to the department to carry out the duties and responsibilities assigned to the department by law.
(e) To fingerprint and perform a criminal history record check on every employee or volunteer (i) who has direct access to clients of the department who are children or vulnerable adults, or (ii) who is in a position of fiduciary responsibility. Every such employee and volunteer shall provide a valid current social security number and/or driver's license number which shall be furnished to conduct the criminal history record check. If no disqualifying record is identified at the state level, fingerprints shall be forwarded to the Federal Bureau of Investigation for a national criminal history record check.
SECTION 13. Section 43-1-5, Mississippi Code of 1972, is amended as follows:
43-1-5. It shall be the duty of the Department of Human Services to:
(1) Establish and maintain programs not inconsistent with the terms of this chapter and the rules, regulations and policies of the Department of Human Services, and publish the rules and regulations of the department pertaining to such programs.
(2) Make such reports in such form and containing such information as the federal government may, from time to time, require, and comply with such provisions as the federal government may, from time to time, find necessary to assure the correctness and verification of such reports.
(3) Within ninety (90) days after the end of each fiscal year, and at each regular session of the Legislature, make and publish one (1) report to the Governor and to the Legislature, showing for the period of time covered, in each county and for the state as a whole:
(a) The total number of recipients;
(b) The total amount paid to them in cash;
(c) The maximum and the minimum amount paid to any recipients in any one (1) month;
(d) The total number of applications;
(e) The number granted;
(f) The number denied;
(g) The number cancelled;
(h) The amount expended for administration of the provisions of this chapter;
(i) The amount of money received from the federal government, if any;
(j) The amount of money received from recipients of assistance and from their estates and the disposition of same;
(k) Such other information and recommendations as the Governor may require or the department shall deem advisable;
(l) The number of state-owned automobiles purchased and operated during the year by the department, the number purchased and operated out of funds appropriated by the Legislature, the number purchased and operated out of any other public funds, the miles traveled per automobile, the total miles traveled, the average cost per mile and depreciation estimate on each automobile;
(m) The cost per mile and total number of miles traveled by department employees in privately owned automobiles, for which reimbursement is made out of state funds;
(n) Each association, convention or meeting attended by any department employees, the purposes thereof, the names of the employees attending and the total cost to the state of such convention, association or meeting;
(o) How the money appropriated to the institutions under the jurisdiction of the department has been expended during the preceding year, beginning and ending with the fiscal year of each institution, exhibiting the salaries paid to officers and employees of the institutions, and each and every item of receipt and expenditure;
(p) The activities of each office within the Department of Human Services and recommendations for improvement of the services to be performed by each division;
(q) In order of authority, the twenty (20) highest paid employees in the department receiving an annual salary in excess of Forty Thousand Dollars ($40,000.00), by P.I.N. number, job title, job description and annual salary.
Each report shall be balanced and shall begin with the balance at the end of the preceding fiscal year, and if any property belonging to the state or the institution is used for profit, such report shall show the expenses incurred in managing the property and the amount received from the same. Such reports shall also show a summary of the gross receipts and gross disbursements for each fiscal year and shall show the money on hand at the beginning of the fiscal period of each division and institution of the department.
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SECTION 14. Section 43-1-6, Mississippi Code of 1972, is amended as follows:
43-1-6. The following programs within the Division of Federal-State Programs, Office of the Governor, shall be transferred to the Commission on Health, Human Services and Economic Security:
(a) Office of Energy and Community Services;
(b) Juvenile Justice Advisory Committee; and
(c) Mississippi Council on Aging.
All authority to implement those programs shall be vested in the Commission on Health, Human Services and Economic Security.
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SECTION 15. Section 71-5-101, Mississippi Code of 1972, is amended as follows:
71-5-101. (1) The Commission on Health, Human Services and Economic Security shall be the Department of Employment Security. Any reference to the Department of Employment Security or the Employment Security Commission in this chapter, or any other provision of law, shall be the Commission on Health, Human Services and Economic Security. On July 1, 2011, all funds, positions, property and other assets of the Department of Employment Security shall be transferred to the Commission on Health, Human Services and Economic Security.
(2) There is established in the Department of Health, Human Services and Economic Security and Office of Economic Security. The Executive Director of the Department of Health, Human Services and Security, with the concurrence of the Commission on Health, Human Services and Security may assign to the appropriate subdivisions within the office such powers and duties deemed appropriate to carry out the lawful functions of the department.
SECTION 16. Section 71-5-107, Mississippi Code of 1972, is amended as follows:
71-5-107. The Commission on Health, Human Services and Economic Security shall administer the programs of the former Department of Employment Security through the Department of Health, Human Services and Economic Security. The Executive Director of the Department of Health, Human Services and Economic Security shall administer this chapter through the Office of Economic Security. The Executive Director of the Department of Health, Human Services and Economic Security shall appoint the director of the Office of Economic Security, who shall serve at the will and pleasure of the executive director.
SECTION 17. Section 71-5-115, Mississippi Code of 1972, is amended as follows:
71-5-115. (1) It shall be the duty of the Department of Health, Human Services and Economic Security to administer this chapter; * * * to employ such persons, make such expenditures, require such reports, make such investigations, and take such other action as he deems necessary or suitable to that end. * * * The Executive Director of the Department of Health, Human Services and Economic Security shall determine the department's own organization and methods of procedure in accordance with the provisions of this chapter, and shall have an official seal which shall be judicially noticed. * * *
(2) The Commission on Health, Human Services and Economic Security shall have the authority to adopt, amend, rescind and repeal rules and regulations necessary to carry out the purposes of this chapter. Such rules shall be effective upon publication and shall not be inconsistent with the provisions of this chapter. The commission, upon recommendation of the Executive Director of the Department of Health, Human Services and Economic Security, may make changes in the contribution or benefit rates necessary to protect the solvency of the fund. Whenever any section provides that the Executive Director of the Department of Employment Security or the Department of Employment Security shall have the authority to adopt, amend, rescind or repeal rules, it shall mean the Commission on Health, Human Services and Economic Security. Any rules of the Department of Employment Security in force and in effect on June 30, 2011, shall remain in force and effect until such time as they are amended, rescinded or repealed.
SECTION 18. Section 71-5-117, Mississippi Code of 1972, is amended as follows:
71-5-117. General rules may be adopted, amended or rescinded by the Commission on Health, Human Services and Economic Security only after public hearing or opportunity to be heard thereon, of which proper notice has been given. General rules shall become effective ten (10) days after filing with the Secretary of State and publication in one or more newspapers of general circulation in this state. Regulations may be adopted, amended or rescinded by the Commission on Health, Human Services, and Economic Security and shall become effective in the manner and at the time prescribed by the Commission on Health, Human Services and Economic Security.
SECTION 19. Section 71-5-119, Mississippi Code of 1972, is amended as follows:
71-5-119. The Commission on Health, Human Services and Economic Security shall cause to be available for distribution to the public the text of this chapter, its regulations and general rules, its reports to the Governor, and any other material it deems relevant and suitable, and shall furnish the same to any person upon application therefor.
SECTION 20. Section 60, Chapter 572, Laws of 2004, as amended by Section 58, Chapter 30, 2008 First Extraordinary Session, as amended by Section 58, Chapter 559, Laws of 2010, which extended the repealer on those statutes that establish and prescribe the membership of the Mississippi Workforce Investment Board and transferred the Mississippi Employment Security Commission to the Mississippi Department of Employment Security, are repealed.
SECTION 21. This act shall take effect and be in force from and after July 1, 2011.