House Bill 539

AN ACT TO REQUIRE FACILITIES THAT PROVIDE DIALYSIS TREATMENT TO PERSONS DIAGNOSED WITH END STAGE RENAL DISEASE TO MAINTAIN A BACKUP POWER SUPPLY OR SYSTEM FOR THE DIALYSIS MACHINES THAT ARE OF SUFFICIENT CAPACITY TO CONTINUE THE OPERATION OF THE MACHINES DURING A FULL POWER FAILURE; TO PROVIDE THAT THE STATE DEPARTMENT OF HEALTH SHALL MONITOR THE FACILITIES AND ENFORCE COMPLIANCE WITH THIS ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) As used in this section:

(a) "Dialysis" means a process by which dissolved substances are removed from a person's body by diffusion, osmosis, and convection (ultrafiltration) from one (1) fluid compartment to another across a semipermeable membrane.

(b) "End stage renal disease" means that stage of renal impairment that appears irreversible and permanent and that requires a regular course of dialysis or kidney transplantation to maintain life.

(c) "End stage renal disease facility" means a facility that provides dialysis treatment to persons diagnosed with end stage renal disease.

(d) "Limited care facility" means an off-hospital-premises facility that is engaged primarily in furnishing maintenance dialysis services to stabilized patients.

(e) "Excluded facility" means a patient's home or other location where the primary purpose of the overall location is not to provide health care, including a training location that trains patients on dialysis therapies intended to be conducted primarily by the patient in his own home or other location.

(2) Any facility that provides dialysis treatment to persons diagnosed with end stage renal disease, whether the facility is an end stage renal disease facility, freestanding dialysis unit or limited care facility, but not including an excluded facility, shall at all times maintain a backup power supply or system for the dialysis machines that are of sufficient capacity to continue the operation of the machines during a full power failure. The State Department of Health shall monitor the facilities and enforce compliance with this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2013.