MISSISSIPPI LEGISLATURE

2012 Regular Session

To: Public Health and Human Services

By: Representatives Weathersby, Bailey, Baker, Burnett, Byrd, Cockerham, Eaton, Gibbs, Gipson, Hamilton, Holland, Jennings, McGee, Mettetal, Moore, Morgan, Pigott, Rogers (61st), Snowden, Young

House Bill 1

AN ACT TO AMEND SECTION 41-9-17, MISSISSIPPI CODE OF 1972, TO DIRECT THE STATE DEPARTMENT OF HEALTH TO ADOPT RULES, REGULATIONS AND STANDARDS THAT AUTHORIZE HOSPITALS TO ESTABLISH AND OPERATE OFF-CAMPUS EMERGENCY DEPARTMENTS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 41-9-17, Mississippi Code of 1972, is amended as follows:

     41-9-17.  (1)  The licensing agency shall adopt, amend, promulgate and enforce such rules, regulations and standards with respect to all hospitals to be licensed under Section 41-9-11 as may be designed to further the accomplishment of the purposes of Sections 41-9-1 through 41-9-35 in promoting safe and adequate treatment of individuals in hospitals in the interest of public health, safety and welfare.  Any rule, regulation or standard adopted under this section shall be considered as promulgated and effective from and after the time the same is recorded and indexed in a book to be maintained by the licensing agency in its main office in the State of Mississippi, entitled "Minimum Standards of Operation for Mississippi Hospitals."  The book shall be open and available to all hospitals and the public generally at all reasonable times. Upon the adoption of any such rule, regulation or standard, the licensing agency shall mail copies thereof to all hospitals in the state which have filed with the agency their names and addresses for this purpose, but the failure to mail the same or the failure of the hospital to receive the same shall in nowise affect the validity thereof.  No such rules, regulations or standards shall be adopted or enforced which would have the effect of denying a license to a hospital or other institution required to be licensed, solely by reason of the school or system of practice employed or permitted to be employed therein.

(2)  The licensing agency shall adopt, amend, promulgate and enforce rules, regulations and standards that authorize hospitals to establish and operate off-campus emergency departments, provided that the off-campus emergency department shall:
(a)  Operate as a provider-based unit of a licensed Mississippi acute care hospital;
(b)  Implement procedures and protocols for patient triage and transfer;
(c)  Be staffed with board-certified or board-eligible emergency medicine physicians;
(d)  Comply with all applicable Medicare provider-based regulations;
(e)  Comply with the same regulations that apply to clinical services and staffing for emergency services or departments, as set forth in the Minimum Standards of Operation for Mississippi Hospitals;
(f)  Comply with the same physical environment regulations that apply to hospital emergency departments, as set forth in the Minimum Standards of Operation for Mississippi Hospitals; and
(g)  Be located within thirty-five (35) miles of the licensed hospital with which it is affiliated, and at least five (5) miles away from any other licensed hospital.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2012.

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