MISSISSIPPI LEGISLATURE
2012 Regular Session
To: Appropriations
By: Representatives Mims, Hamilton, Banks, Barker, Clarke, Currie, Dickson, Howell, Mettetal, Read, Warren, Watson
AN ACT MAKING AN APPROPRIATION FOR THE PURPOSE OF DEFRAYING THE EXPENSES OF THE STATE DEPARTMENT OF HEALTH FOR THE FISCAL YEAR 2013.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the State Department of Health for the fiscal year beginning July 1, 2012, and ending June 30, 2013...........................................
............................................ $ 32,417,216.00.
SECTION 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in any special fund in the State Treasury to the credit of the State Department of Health which is comprised of special source funds collected by or otherwise available to the department, for the purpose of defraying the expenses of the department for the fiscal year beginning July 1, 2012, and ending June 30, 2013..................................................
............................................ $ 355,637,819.00.
SECTION 3. Of the funds appropriated under the provisions of Sections 1 and 2, Two Hundred Seventy-seven Thousand Three Hundred Sixty-nine Dollars ($277,369.00) shall be derived from the State General Fund and Seven Million One Hundred Fifty-eight Thousand Three Hundred Thirty-seven Dollars ($7,158,337.00) shall be derived from the Health Care Expendable Fund, created in Section 43-13-407, Mississippi Code of 1972, for the support and maintenance of the State Department of Health. The funds provided in this section shall be allocated as follows:
Maternal and Child Health Care
Program................................. $1,242,943.00
Early Intervention Program and/or
Child Therapeutic Services.............. $ 221,954.00
Health Department Programs................... $2,219,542.00
Mississippi Qualified Health
Center Grant Program.................... $3,751,267.00
SECTION 4. Of the funds appropriated in Section 2, Forty Million Dollars ($40,000,000.00) are allocated to the Trauma Care System. The State Department of Health may transfer a portion of Trauma Care System funds to the Division of Medicaid for the development and implementation of an enhanced reimbursement fee program related to trauma care and services, used to match federal funds, under a cooperative agreement between the State Department of Health and the Division of Medicaid.
It is the intention of the Legislature that none of the funds
authorized herein for the Trauma Care System shall be expended to the benefit of any hospital located outside the boundaries of the State of Mississippi, unless otherwise excepted in this paragraph. Funds shall be expended by the Mississippi Department of Health for distribution to the Regional Medical Center at Memphis, located in Memphis, Tennessee, or the University of South Alabama Medical Center located in Mobile, Alabama, or the Joseph M. Still Burn Centers, Inc., located in Augusta, Georgia, or the Joseph M. Still Burn Center at Crossgates River Oaks Hospital, located in Brandon, Mississippi, or any affiliates or any other Level 1 Trauma Center that participates in the Mississippi Trauma Care System, as determined by the Mississippi Department of Health.
SECTION 5. Of the funds appropriated in Section 2, Twenty Million Dollars ($20,000,000.00) shall be derived from the Tobacco Control Program Fund, created in Section 41-113-11, Mississippi Code of 1972, and shall be allocated as follows:
University of Mississippi Medical Center Cancer
Institute.............................. $ 5,000,000.00
Department of Education – Mary Kirkpatrick
Haskell – Mary Sprayberry Public
School Nurse Program................... $ 3,600,000.00
Attorney General's Office - Alcohol and
Tobacco Enforcement Unit............... $ 800,000.00
University of Mississippi Medical Center –
A Comprehensive Tobacco
Center................................. $ 700,000.00
Mississippi Health Care Alliance - ST Elevated
Myocardial Infarction Program (STEMI)..... $200,000.00
Health Department Programs.................. $ 9,700,000.00
Of the funds appropriated in this section, the State Department of Health is authorized to expend funds to create and administer the Office of Tobacco Control within the department as outlined and created in Section 41-113-3, Mississippi Code of 1972.
SECTION 6. Of the funds appropriated under the provisions of this act, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time........... 1,636
Part Time........... 16
Time-Limited: Full Time........... 871
Part Time........... 9
Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law or allowable under the terms set forth within this act. The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration. The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.
No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.
SECTION 7. It is the intention of the Legislature that the State Department of Health shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2012. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2014 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2013 budget request process.
SECTION 8. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:
FY2013
Performance Measures Target
Health Services
Women who Received Prenatal Care
in First Trimester (%) 84.00
Potentially Eligible Population
Served in WIC Program (%) 78.50
Newborns with Positive/Inconclusive
Genetic Screens who Received
Follow-up (%) 100.00
MS Population Receiving Fluoridated
Water (%) 61.00
Health Protection
Food Facilities Inspected at the Frequency
Required by FDA Food Code Category (%) 96.00
Public Water Systems Surveyed (%) 100.00
ICF/MR Surveys Conducted in Accordance
with Medicaid/CMS Requirements (%) 100.00
Certified Nursing Home Surveys conducted
within 15.99 Mo. of Last Survey (%) 96.00
Transfer Time of Level IV Trauma
Centers to Appropriate Facilities
for Treatment (Minutes) 130
Communicable Disease
Primary & Secondary Syphilis Cases 200
Case Rate (per 100,000) 6.80
Number of Tuberculosis Cases 100
Case Rate (per 100,000) 3.37
Children Fully Immunized by 2 Years
of Age (%) 80.00
Tobacco Control
Current Smokers among Public Middle
School Students (Prevalence) 5.70
Current Smokers among Public High
School Students (Prevalence) 19.20
Current Smokers among Adults 18
Years & Older (Prevalence) 22.00
Pub Health Emerg Prep/response
Score on CDC Review of MS Strategic Nat
Stockpile Plan (Out of Possible 100) 65
Admin & Support Services
Average Processing for Vital Records
Requests (Days) 1.50
Patients Served through MS Qualified
Health Center Grant Program (Number of) 55,000
Syphilis Serology Tests Performed within
5 Working Days of Sample Receipt (%) 90.00
Bacteriological Tests on Drinking Water
Performed within 30 Hours of Sample
Receipt (%) 90.00
A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2014.
SECTION 9. It is the intent of the Legislature that the Mississippi Department of Health shall have authority to escalate the various budgets in both funds and positions, with the approval of the State Fiscal Officer, from any special funds collected or available, in the current fiscal year or any prior fiscal year, not to exceed Five Million Dollars ($5,000,000.00), to the agency for expenditure. Upon such approval, the Mississippi Department of Health may expend such funds in the manner authorized by law.
The Executive Director of the Mississippi Department of Health shall submit to the Department of Finance and Administration a certified statement providing a detailed explanation for any escalation, including a justification for the establishment of any new positions or reclassification of existing positions and the existence of any required matching funds for those positions, and an assessment of the impact on the agency's General Fund Budget for the three (3) fiscal years following the fiscal year in which the escalation is requested.
SECTION 10. It is the intention of the Legislature that with the funds provided herein, the State Department of Health may provide and administer without charge, Hepatitis B vaccinations to Emergency Medical Services (EMS) personnel who are in need of such vaccinations through job related exposure.
SECTION 11. In addition to all other sums heretofore appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Local Governments and Rural Water Systems Emergency Loan Fund, and the Local Governments and Rural Water System Improvements Revolving Loan Fund as authorized in Chapter 521, Laws of 1995, to the State Department of Health for the purpose of defraying the expenses of the Local Governments and Rural Water Systems Improvements Board, for the fiscal year beginning July 1, 2012, and ending June 30, 2013.........................
......................................... $ 40,000,000.00.
SECTION 12. Of the funds appropriated in Section 2, One Million Dollars ($1,000,000.00) shall come from the Department of Human Services, Child Care Development Fund or other appropriate special funds for the purpose of child care licensure. These funds are to be transferred to the State Department of Health no later than July 31, 2012. The State Department of Health shall make a complete accounting of the uses of these funds to the Department of Human Services.
SECTION 13. It is the intention of the Legislature that the State Department of Health shall expend not more than Fifty Thousand Dollars ($50,000.00) of the funds appropriated herein for providing the oil known as "Lorenzo's Oil" for the treatment of the genetic disorder adrenoleukodystrophy (ALD), to children and Mississippi residents over the age of twenty-one (21) who have the genetic disorder adrenoleukodystrophy and for whom Medicaid does not reimburse the cost of providing the oil. The department may also provide needed pathology and biannual MRI exams.
SECTION 14. Of the funds appropriated in Section 1, Seven Hundred Thousand Dollars ($700,000.00) are provided for the purpose of purchasing AIDS drugs and other necessary AIDS related medical services.
SECTION 15. Of the funds appropriated herein, Twenty-five Thousand Dollars ($25,000.00) shall be provided to the Southern AIDS Commission, Inc., for the purpose of providing technical assistance, and providing for the expansion of education on causes and prevention of HIV/AIDS, and providing delivery services to persons infected with HIV. The Southern AIDS Commission, Inc., shall report by February 1, 2013, to the Board of Health and the Chairmen of the House and Senate Public Health Committees the status of the project and all services provided.
SECTION 16. Of the funds appropriated herein, Twenty-five Thousand Dollars ($25,000.00) shall be provided to the North Mississippi Health Care Foundation Restricted Fund, for the purpose of providing technical assistance, providing for the expansion of education on causes and prevention of HIV/AIDS, and providing delivery services to persons infected with HIV. The North Mississippi Health Care Foundation shall report by February 1, 2013, to the Board of Health and the Chairmen of the House and Senate Public Health Committees the status of the project and all services provided.
SECTION 17. Of the funds appropriated herein, the amounts of One Hundred Ten Thousand Nine Hundred Seventy-seven Dollars ($110,977.00) shall be allocated to the T.K. Martin Center at Mississippi State University and One Hundred Ten Thousand Nine Hundred Seventy-seven Dollars ($110,977.00) shall be allocated to the Regional Rehabilitation Center in Tupelo for the Early Intervention Program and/or Child Therapeutic Services.
SECTION 18. Of the funds appropriated herein, Two Hundred Thousand Dollars ($200,000.00) is provided for the Breast and Cervical Cancer Program.
SECTION 19. In addition to all other funds heretofore appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Mississippi Burn Care Fund which is comprised of special source funds collected by or otherwise available to the department, for the purpose of funding reimbursement for uncompensated medical care to Mississippi burn victims through the trauma care system at in-state burn facilities including the Joseph M. Still Burn Center at Crossgates River Oaks Hospital in Brandon, Mississippi, or for uncompensated aero medical transportation to out-of-state qualified United States Burn Care facilities, and such other provisions necessary to provide burn care for Mississippi residents, including reimbursement for travel, lodgings, meals and other reasonable travel-related expenses incurred by burn victims, family members and/or caregivers, for the fiscal year beginning July 1, 2012, and ending June 30, 2013........... $3,000,000.00.
The State Department of Health shall issue any certificates of need necessary to any person proposing the construction of, addition of, or conversion of any beds or the expansion of any health care facility for use exclusively for the treatment of burn victims, and such beds shall be classified and limited to use for such treatment of burn victims and may not be converted to any other use and are not to be classified or included in the acute care bed inventory of the state for health planning purposes. Any such beds shall participate in the statewide trauma care system as provided by Section 41-59-5 and be entitled to an allocation of funds from the Mississippi Burn Care Fund as established by Section 7-9-70. For purposes of this subsection, the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan are waived.
SECTION 20. Of the funds appropriated in Section 19, the Mississippi Department of Health may provide upon mutual agreement Twenty-five Thousand Dollars ($25,000.00) for the Mississippi Firefighters Memorial Burn Association. These funds are to be used for monetary support of Mississippi burn victims for travel and other expenses to the Joseph M. Still Burn Center in Georgia, or the Joseph M. Still Burn Center at Crossgates River Oaks Hospital in Brandon, Mississippi.
SECTION 21. It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference. A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids.
SECTION 22. It is the intention of the Legislature that the Mississippi Department of Health shall implement same day service to receive birth and death certificates.
SECTION 23. It is the intention of the Legislature that the Mississippi State Department of Health shall provide the Joint Legislative Budget Committee a report of all grants received by September 15, 2012. This notification will consist of the name of the grant and agency or nonprofit making the award, the award amount, and a short list of goals to be achieved.
SECTION 24. It is the intention of the Legislature that the Mississippi State Department of Health shall be the fiscal agent in all allowable grants awarded.
SECTION 25. Of the funds deposited into the Tobacco Control Fund, created in Section 41-113-11, Mississippi Code of 1972, the Mississippi State Department of Health shall have the authority to escalate and expend at the State Health Officer's discretion any funds that carry forward. These escalations shall be treated separately and differently from any and all other escalations authorized herein.
SECTION 26. There shall be created a fund in the State Treasury for any funds collected by the Department for the support of the Alexander Milne Home for Women. Any funds deposited into the fund for the Alexander Milne Home for Women shall not be used for any other purpose other than the support of the Milne Home. The Department may bill the Milne Home for said support.
SECTION 27. Of the funds deposited into the Health Care Expendable Fund, created in Section 43-13-407, Mississippi Code of 1972, for the support and maintenance of the State Department of Health, the State Department of Health shall have the authority to escalate and expend at the State Health Officer's discretion any funds that carry forward. These escalations shall be treated separately and differently from any and all other escalations authorized herein.
SECTION 28. Of the funds appropriated in Section 2, Seven Hundred Thousand Dollars ($700,000.00) shall come from the Department of Education for the purpose of maintenance of effort for the Early Intervention Program. These funds are to be transferred to the State Department of Health no later than December 31, 2012. The State Department of Health shall make a complete accounting of the uses of these funds to the Department of Education.
SECTION 29. In addition to all other funds herein appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the purpose of defraying the expenses of the Mississippi Health Information Network for the fiscal year beginning July 1, 2012, and ending June 30, 2013............................... $ 700,000.00.
In addition to all other funds herein appropriated, the following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in any special fund in the State Treasury to the credit of the Mississippi Health Information Network, for the purpose of defraying the expenses for the fiscal year beginning July 1, 2012, and ending June 30, 2013..........
............................................$ 6,000,000.00.
Of the funds appropriated under the provisions of this Section, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time............... 0
Part Time............ 0
Time-Limited: Full Time............. 3
Part Time........... 0
The Mississippi Health Information Network is hereby authorized to escalate federal funds and other special funds in accordance with the rules and regulations of the Department of Finance and Administration, in order to provide services prescribed by Section 41-119-1 through 41-119-21, Mississippi Code of 1972.
SECTION 30. The Mississippi Department of Health is authorized to obtain a line of credit through the State Treasurer from the Working Cash-Stabilization Fund or any other special source funds maintained in the State Treasury in an amount not exceeding Five Million Dollars ($5,000,000.00) to fund shortfalls which, from time to time, may occur due to insufficient working cash spent in anticipation of receiving federal reimbursement. The length of indebtedness under this provision shall not carry past the end of the quarter following the loan origination. Loan proceeds shall be received by the State Treasurer and shall be placed in a Mississippi Department of Health designated special fund account. The division may pledge as security for such interim financing future funds that will be received by the division. Any such loans shall be repaid from the first available funds received by the department in the manner of and subject to the same terms provided in this section.
SECTION 31. The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers, in the manner provided by law.
SECTION 32. This act shall take effect and be in force from and after July 1, 2012.