Senate Bill 2342

(As Passed the Senate)

AN ACT TO CODIFY SECTION 41-4-18, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE DEPARTMENT OF MENTAL HEALTH TO CONTRACT FOR THE TRANSFER OF BEDS TO OTHER PRIVATE OR PUBLIC ENTITY SETTINGS MORE APPROPRIATE FOR CLIENTS, AND TO SPECIFY THAT THE LICENSE SHALL REMAIN IN THE NAME OF THE DEPARTMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 41-4-18, Mississippi Code of 1972:

41-4-18. (1) Notwithstanding Section 41-7-191(11) and Section 41-7-171 et seq., Mississippi Code of 1972, or any other section of law, the Department of Mental Health shall have the authority to contract with private and/or public entities to transfer beds within Intermediate Care Facilities for the Mentally Retarded owned and operated by the Department of Mental Health to locations owned and operated by private and/or public entities for the purpose of serving individuals with intellectual disabilities in the settings most appropriate to meet their needs.

(2) Any license granted to the Department of Mental Health by the Department of Health for the operation of transferred Intermediate Care Facility for the Mentally Retarded beds shall remain in the name of the Department of Mental Health and shall not be transferred into the name of the contractor unless the contractor has received the appropriate certificates of need.

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