MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Public Health and Welfare
By: Senator(s) Kirby
AN ACT TO AMEND SECTION 41-85-7, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE STATE DEPARTMENT OF HEALTH TO ISSUE HOSPICE LICENSES TO CERTAIN APPLICANTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-85-7, Mississippi Code of 1972, is amended as follows:
41-85-7. (1) The administration of this chapter is vested in the Mississippi Department of Health, which shall:
(a) Prepare and furnish all forms necessary under the provisions of this chapter in relation to applications for licensure or renewals thereof;
(b) Collect in advance at the time of filing an application for a license or at the time of renewal of a license a fee of One Thousand Dollars ($1,000.00) for each site or location of the licensee; any increase in the fee charged by the department under this paragraph shall be in accordance with the provisions of Section 41-3-65;
(c) Levy a fee of Eighteen Dollars ($18.00) per bed for the review of inpatient hospice care; any increase in the fee charged by the department under this paragraph shall be in accordance with the provisions of Section 41-3-65;
(d) Conduct annual licensure inspections of all licensees which may be the same inspection as the annual Medicare certification inspection; and
(e) Promulgate applicable rules and standards in furtherance of the purpose of this chapter and may amend such rules as may be necessary. The rules shall include, but not be limited to, the following:
(i) The qualifications of professional and ancillary personnel in order to adequately furnish hospice care;
(ii) Standards for the organization and quality of patient care;
(iii) Procedures for maintaining records; and
(iv) Provision for the inpatient component of hospice care and for other professional and ancillary hospice services.
(2) All fees collected by the department under this section shall be used by the department exclusively for the purposes of licensure, regulation, inspection, investigations and discipline of hospices under this chapter.
(3) The State Department of
Health shall not process any new applications for hospice licensure or issue
any new hospice licenses, except renewals * * * provided, however,
that the department shall process applications for new hospice licenses filed
during the period from and including the date of effectiveness of this
subsection through and until July 1, 2017, and shall issue new hospice license
in accordance with this chapter so long as the related applicant (i) at the
time of filing holds one or more licenses to operate a hospice program issued
pursuant to this chapter, (ii) is then in good standing with the department and
(iii) can show good cause for the issuance of the additional hospice license(s)
for which application is made. This subsection (3) shall stand repealed on
July 1, * * *
2020
SECTION 2. This act shall take effect and be in force from and after its passage.