MISSISSIPPI LEGISLATURE
2020 Regular Session
To: Public Health and Welfare
By: Senator(s) Bryan
AN ACT TO ENACT THE "MISSISSIPPI PUBLIC HEALTH AND WELFARE EMERGENCY RELIEF ACT"; TO STATE LEGISLATIVE FINDINGS AND INTENT; TO DEFINE TERMS; TO REQUIRE THE STATE DEPARTMENT OF HEALTH TO PROMULGATE REGULATIONS AND DEVELOP PROCEDURES TO GOVERN THE ADMINISTRATION OF THE PROGRAMS CREATED BY THIS ACT; TO REQUIRE THE STATE DEPARTMENT OF HEALTH TO MAKE AN INITIAL DISBURSEMENT TO ELIGIBLE APPLICANTS BY AUGUST 15, 2020, SUBJECT TO APPROPRIATION BY THE LEGISLATURE; TO AUTHORIZE THE STATE DEPARTMENT OF HEALTH TO REQUEST PERSONNEL OR SYSTEMS SUPPORT OF ANY POLITICAL SUBDIVISION OF THE STATE; TO REQUIRE ANY POLITICAL SUBDIVISION OF THE STATE TO COMPLY WITH A REQUEST FROM THE STATE DEPARTMENT OF HEALTH; TO ALLOW THE STATE DEPARTMENT OF HEALTH TO RETAIN A CERTAIN PERCENTAGE OF THE FUNDS AVAILABLE UNDER THIS ACT; TO DESCRIBE THE QUALIFICATIONS FOR ELIGIBILITY UNDER THE PROGRAMS ESTABLISHED UNDER THIS ACT; TO REQUIRE AN APPLICANT TO PROVIDE A CERTIFIED APPLICATION TO THE STATE DEPARTMENT OF HEALTH AND THE ORIGINAL ITEMIZED RECEIPT AND/OR INVOICE OF PURCHASES AND SERVICES PAID IN ORDER TO RECEIVE REIMBURSEMENT; TO PROVIDE THAT NO APPLICANT SHALL RECEIVE REIMBURSEMENT FOR EXPENDITURES THAT HAVE BEEN REIMBURSED FROM ANOTHER SOURCE OF FUNDS; TO ESTABLISH THE HOSPITAL CARES ACT PROGRAM TO REIMBURSE HOSPITALS FOR ELIGIBLE EXPENDITURES; TO ESTABLISH THE INDEPENDENT PHYSICIAN CARES ACT PROGRAM TO REIMBURSE INDEPENDENT PHYSICIANS FOR ELIGIBLE EXPENDITURES; TO ESTABLISH THE INDEPENDENT DENTIST CARES ACT PROGRAM TO REIMBURSE INDEPENDENT DENTISTS FOR ELIGIBLE EXPENDITURES; TO MANDATE THAT THE STATE DEPARTMENT OF HEALTH SHALL NOT EXCEED A SET SUM IN REIMBURSEMENT FOR EACH INDEPENDENT PHYSICIAN OR DENTIST; TO ESTABLISH THE AMBULANCE CARES ACT PROGRAM TO REIMBURSE AMBULANCE PROVIDERS FOR ELIGIBLE EXPENDITURES; TO MANDATE THAT THE STATE DEPARTMENT OF HEALTH SHALL NOT EXCEED A SET SUM PER REGISTERED AMBULANCE IN REIMBURSEMENT TO AN AMBULANCE PROVIDER; TO ESTABLISH THE FOOD PANTRY CARES ACT PROGRAM TO REIMBURSE FOOD PANTRIES FOR ELIGIBLE EXPENDITURES; TO ALLOW THE STATE DEPARTMENT OF HEALTH TO REIMBURSE ENTITIES ACTING ON BEHALF OF THE FOOD PANTRY OR PROVIDING A SERVICE TO A FOOD PANTRY; TO ESTABLISH THE NONPROFIT CARES ACT PROGRAM TO REIMBURSE NONPROFITS FOR ELIGIBLE EXPENDITURES; TO REQUIRE THE STATE DEPARTMENT OF HEALTH TO DISTRIBUTE TO THE COMMUNITY FOUNDATIONS A PRO RATA SHARE OF THE FUNDS UNDER THIS PROGRAM BASED ON THE POPULATION SERVED BY THE FOUNDATION; TO REQUIRE THE COMMUNITY FOUNDATIONS TO DISBURSE THE FUNDS AS GRANTS FOR NONPROFITS WHICH HAVE INCURRED ELIGIBLE EXPENDITURES; TO MANDATE THAT THE GRANTS TO NONPROFITS SHALL NOT EXCEED A CERTAIN SUM; TO ESTABLISH THE MULTIAGENCY PROCUREMENT OF COVID-19-RELATED MATERIALS CARES ACT PROGRAM TO PROCURE A STATEWIDE STOCKPILE OF COVID-19-RELATED MATERIALS; TO REQUIRE THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY, THE MISSISSIPPI DEVELOPMENT AUTHORITY AND THE STATE DEPARTMENT OF HEALTH TO COOPERATE TO ENCOURAGE MANUFACTURERS OF COVID-19-RELATED MATERIALS IN MISSISSIPPI TO PROVIDE LONG-TERM ACCESS FOR MISSISSIPPI; TO REQUIRE THE MISSISSIPPI EMERGENCY MANAGEMENT AGENCY TO PURCHASE COVID-19-RELATED MATERIALS; TO ESTABLISH THE NURSING HOMES CARES ACT PROGRAM TO REIMBURSE NURSING HOMES FOR ELIGIBLE EXPENDITURES; TO ESTABLISH THE MEDICAL PROVIDER CARES ACT PROGRAM TO REIMBURSE THE MEDICAL PROVIDERS WHO ARE NOT PROVIDED FOR IN A SEPARATE PROGRAM IN THIS ACT FOR ELIGIBLE EXPENDITURES; TO ESTABLISH THE CHILD CARE FACILITIES CARES ACT PROGRAM TO REIMBURSE CHILD CARE FACILITIES FOR ELIGIBLE EXPENDITURES; TO ESTABLISH THE COMMUNITY MENTAL HEALTH CENTERS CARES ACT PROGRAM TO REIMBURSE COMMUNITY MENTAL HEALTH CENTERS FOR ELIGIBLE EXPENDITURES; TO ESTABLISH THE MISSISSIPPI HOME CORPORATION CARES ACT PROGRAM TO PROVIDE RENTAL ASSISTANCE TO PERSONS AFFECTED BY COVID-19; TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE KNOWN AS THE "PUBLIC HEALTH AND WELFARE EMERGENCY RELIEF FUND"; TO REQUIRE THE DEPARTMENT TO REPORT TO THE LEGISLATURE AND THE GOVERNOR ON THE UTILIZATION OF THE PROGRAMS CREATED BY THIS ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Mississippi Public Health and Welfare Emergency Relief Act."
SECTION 2. The Mississippi Legislature finds that the ongoing public health crisis related to COVID-19 has placed an unprecedented strain on Mississippi's healthcare system at a time when Mississippians have relied on our healthcare providers and public health workers to serve on the front lines of this pandemic;
Therefore, the intent of the Mississippi Legislature is to provide funding across Mississippi's public health system and social welfare system to reimburse providers for expenses incurred as a result of COVID-19. It is further intended to provide funds quickly to those who have incurred additional expenses due to COVID-19.
SECTION 3. As used in this act, the following words shall have the meanings ascribed herein unless the context otherwise requires:
(a) "Department" means the Mississippi Department of Health.
(b) "COVID-19" means the Coronavirus Disease 2019.
(c) "CARES Act" means the federal Coronavirus Aid, Relief, and Economic Security Act.
(d) "Coronavirus Relief Fund" means the fund created by the CARES Act.
(e) "Eligible expenditure" means a cost incurred that is reimbursable from funds received from the Coronavirus Relief Fund under the guidance and guidelines of the U.S. Department of Treasury, including, but not limited to:
(i) Medical expenses such as:
1. COVID-19-related expenses of public hospitals, clinics, and similar facilities.
2. Expenses of establishing temporary public medical facilities and other measures to increase COVID-19 treatment capacity, including related construction costs.
3. Costs of providing COVID-19 testing, including serological testing.
4. Emergency medical response expenses, including emergency medical transportation, related to COVID-19.
5. Expenses for establishing and operating public telemedicine capabilities for COVID-19-related treatment.
(ii) Public health expenses such as:
1. Expenses for communication and enforcement by state, territorial, local, and tribal governments of public health orders related to COVID-19.
2. Expenses for acquisition and distribution of medical and protective supplies, including sanitizing products and personal protective equipment, for medical personnel, police officers, social workers, child protection services, and child welfare officers, direct service providers for older adults and individuals with disabilities in community settings, and other public health or safety workers in connection with the COVID-19 public health emergency.
3. Expenses for disinfection of public areas and other facilities, e.g., nursing homes, in response to the COVID-19 public health emergency.
4. Expenses for technical assistance to local authorities or other entities on mitigation of COVID-19-related threats to public health and safety.
5. Expenses for public safety measures undertaken in response to COVID-19.
6. Expenses for quarantining individuals.
(iii) Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency.
(iv) Expenses of actions to facilitate compliance with COVID-19-related public health measures, such as:
1. Expenses for food delivery to residents, including, for example, senior citizens and other vulnerable populations, to enable compliance with COVID-19 public health precautions.
2. Expenses to facilitate distance learning, including technological improvements in connection with school closings to enable compliance with COVID-19 precautions.
3. Expenses to improve telework capabilities for public employees to enable compliance with COVID-19 public health precautions.
4. Expenses of providing paid sick and paid family and medical leave to public employees to enable compliance with COVID-19 public health precautions.
5. COVID-19-related expenses of maintaining state prisons and county jails, including as it relates to sanitation and improvement of social distancing measures, to enable compliance with COVID-19 public health precautions.
6. Expenses for care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 public health precautions.
(v) Expenses associated with the provision of economic support in connection with the COVID-19 public health emergency, such as:
1. Expenditures related to the provision of grants to small businesses to reimburse the costs of business interruption caused by required closures.
2. Expenditures related to a state, territorial, local, or tribal government payroll support program. 3. Unemployment insurance costs related to the COVID-19 public health emergency if such costs will not be reimbursed by the federal government pursuant to the CARES Act or otherwise.
(vi) Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Coronavirus Relief Fund's eligibility criteria.
"Eligible expenditure" does not include expenses for the state share of Medicaid, damages covered by insurance, payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency, expenses that have been or will be reimbursed under any federal program, such as the reimbursement by the federal government pursuant to the CARES Act of contributions by states to state unemployment funds, reimbursement to donors for donated items or services, workforce bonuses other than hazard pay or overtime, severance pay, legal settlements or any other expenditure determined to be ineligible by the department.
(f) "Hospital" means any hospital within the state.
(g) "Independent physician" means a licensed physician, including allopaths, osteopaths and podiatrists, who actively provides care to patients, owns a share of his or her practice, has key decision-making rights for his or her practice, and is not employed by a hospital or an organization associated with a hospital.
(h) "Independent dentist" means a licensed dentist who actively provides care to patients, owns a share of his or her practice, has key decision-making rights for his or her practice, and is not employed by a hospital or an organization associated with a hospital.
(i) "Ambulance" means a vehicle as defined in Section 41-59-3(a).
(j) "Nonprofit" means an entity that provides services to the public and in which no part of the assets, income or profit is distributed to or enures to the benefit of its members, directors or officers.
(k) "Community foundation" means the CREATE Foundation, the Community Foundation of Northwest Mississippi, the Community Foundation of Washington County, the Community Foundation for Mississippi, the Community Foundation of East Mississippi, the Greater Pinebelt Community Foundation or the Gulf Coast Community Foundation.
(l) "COVID-19-related materials" means personal protective equipment, which is used to protect the wearer from COVID-19 or the spread of COVID-19, and tests, which are used to diagnose a person with COVID-19, and medical devices, equipment and supplies, which are used to treat a person with COVID-19.
(m) "Minority business enterprise" means a socially and economically disadvantaged small business concern performing a commercially useful function which is owned and controlled by one or more minorities or minority business enterprises certified by the Mississippi Development Authority, at least fifty percent (50%) of whom are resident citizens of the State of Mississippi. Except as otherwise provided, for purposes of this act, the term "socially and economically disadvantaged small business concern" shall have the meaning ascribed to such term under the Small Business Act, 15 USC Section 637(a), and the term "owned and controlled" means a business in which one or more minorities or minority business enterprises certified by the Mississippi Development Authority own sixty percent (60%) or, in the case of a corporation, sixty percent (60%) of the voting stock, and control sixty percent (60%) of the management and daily business operations of the business.
(n) "Nursing home" means any institution for the aged or infirm or adult foster care facility in the state as defined by Section 43-11-1.
(o) "Medical provider" means any person or entity that provides medical care in the state and that is not provided for in a separate program within this act. "Medical provider" does include, but is not limited to, optometrists, pharmacists, chiropractors, organizations for organ donation, nonemergency, medical transportation and any personal care homes or assisted living homes not provided for in paragraph (n) of this section. "Medical provider" does not include a doctor or dentist who is employed by a hospital or associated with a hospital.
(p) "Child care facility" means any facility as defined by Section 43-20-5(a).
(q) "Community mental health center" means any facility authorized under Section 41-19-33.
SECTION 4. (1) The department shall:
(a) Promulgate regulations and develop procedures to govern the administration of the programs created by this act, including reimbursement processes with forms for applicants to submit eligible expenditures to the department and receive reimbursements from the department;
(b) Make an initial disbursement to eligible applicants by August 15, 2020, subject to appropriations by the Legislature;
(c) Continue to accept and reimburse rolling applications after August 15, 2020;
(d) Emphasize distributing funds without burdensome regulations in dealing with entities or persons that will receive small sums of money;
(e) Enforce more rigorous regulations in dealing with entities or persons that will receive larger sums of money; and
(f) Balance the desire to distribute funds quickly, particularly those amounts of funds less than Five Thousand Dollars ($5,000.00), and the desire for documentation and verification, particularly for those amounts of funds greater than Five Thousand Dollars ($5,000.00).
(2) (a) To effectuate the purposes of this act, any office, division, board, bureau, committee, institution or agency of the state, or any political subdivision thereof, shall, at the request of the department:
(i) Provide the employees, facilities, assistance, information and data needed to enable the department to carry out its duties; and
(ii) Transfer an employee on a temporary basis to the department.
(b) The department shall reimburse any entity that transfers an employee to the department under this subsection for the cost of the employee, including fringe benefits, from the funds retained for administration expenses.
(3) The department may retain up to five percent (5%) of the funds available under this act to administer these programs.
SECTION 5. (1) Unless otherwise provided in this act, to be eligible under the programs established in Sections 6 through 10 of this act and Sections 13 through 16 of this act, an applicant shall submit:
(a) A certified application to the department in which the applicant provides:
(i) A detailed list of each eligible expenditure; and
(ii) An affirmation that none of the eligible expenditures listed in the application have been reimbursed from another source of federal or state funds; and
(b) The original, itemized receipts and/or invoices of purchases and services paid by the applicant or the substantiated equivalent thereof as determined by the department.
(2) No applicant shall receive reimbursement for expenditures that have been reimbursed from another source of funds.
SECTION 6. (1) There is established the Hospital CARES Act Program which the department shall administer for the purpose of reimbursing hospitals for eligible expenditures.
(2) Under this program, the department shall not disburse more than One Hundred Million Dollars ($100,000,000.00).
SECTION 7. (1) There is established the Independent Physician CARES Act Program which the department shall administer for the purpose of reimbursing independent physicians for eligible expenditures.
(2) (a) Except as provided in paragraph (b) of this subsection, the department shall not exceed Three Thousand Dollars ($3,000.00) in reimbursement for each independent physician, and no group of physicians shall receive more than Thirty Thousand Dollars ($30,000.00) in total reimbursement.
(b) Subject to appropriation by the Legislature, the department, in addition to any disbursement under paragraph (a) of this subsection, shall disburse up to Two Thousand Dollars ($2,000.00) for eligible expenditures to each independent physician who has treated at least twenty-five (25) Medicaid patients in any twelve (12) consecutive months between July 1, 2018 and July 1, 2020.
(3) Under this program, the department shall not disburse more than Ten Million Dollars ($10,000,000.00).
SECTION 8. (1) There is established the Independent Dentist CARES Act Program which the department shall administer for the purpose of reimbursing independent dentists for eligible expenditures.
(2) (a) Except as provided in paragraph (b) of this subsection, the department shall not exceed Five Thousand Dollars ($5,000.00) in reimbursement for each independent dentist, and no group of dentists shall receive more than Fifteen Thousand Dollars ($15,000.00) in total reimbursement.
(b) Subject to appropriation by the Legislature, the department, in addition to any disbursement under paragraph (a) of this subsection, shall disburse up to Two Thousand Dollars ($2,000.00) for eligible expenditures to each independent dentist who has treated at least twenty-five (25) Medicaid patients in any twelve (12) consecutive months between July 1, 2018 and July 1, 2020.
(3) Under this program, the department shall not disburse more than Five Million Dollars ($5,000,000.00).
SECTION 9. (1) There is established the Ambulance CARES Act Program which the department shall administer for the purpose of reimbursing ambulance providers for eligible expenditures.
(2) (a) The department shall not exceed Three Thousand Dollars ($3,000.00) in reimbursement to an ambulance provider per registered ambulance that participates solely in nonemergency transportation.
(b) The department shall not exceed Seven Thousand Dollars ($7,000.00) in reimbursement to an ambulance provider per registered ambulance that responds to emergency medical calls.
(c) For the purposes of this subsection, "emergency medical call" means a call as defined in Section 41-59-3(q).
(3) Under this program, the department shall not disburse more than Five Million Dollars ($5,000,000.00).
SECTION 10. (1) There is established the Food Pantry CARES Act Program which the department shall administer for the purpose of reimbursing food pantries for eligible expenditures.
(2) In its discretion, the department may reimburse a food pantry directly under this program or may reimburse entities acting on behalf of a food pantry or providing a service to a food pantry.
(3) Under this program, the department shall not disburse more than Five Million Dollars ($5,000,000.00).
SECTION 11. (1) There is established the Nonprofit CARES Act Program which the department shall administer for the purpose of reimbursing nonprofits for eligible expenditures.
(2) The department shall distribute to the community foundations a pro rata share of the funds under this program based on the population served by the foundation.
(3) (a) The community foundations shall use the funds for grants for nonprofits which have incurred eligible expenditures.
(b) An individual grant in paragraph (a) of this subsection shall not exceed Five Thousand Dollars ($5,000.00).
(4) Under this program, the department shall not disburse more than Five Million Dollars ($5,000,000.00).
SECTION 12. (1) There is established the Multiagency Procurement of COVID-19-Related Materials CARES Act Program for the purposes of procuring a statewide stockpile of COVID-19-related materials and encouraging Mississippi manufacturers of COVID-19-related materials to provide long-term access for Mississippi.
(2) (a) The Mississippi Emergency Management Agency, the Mississippi Development Authority, and the department shall cooperate to:
(i) Solicit requests for proposals from Mississippi manufacturers for the purpose of creating a statewide stockpile;
(ii) Contract with Mississippi manufacturers to procure the amount and type of personal protection equipment and tests appropriate for a statewide stockpile; and
(iii) Make a special effort to contract at least five percent (5%) of the funds under this program with minority business enterprises.
(b) The department may disburse funds to the Mississippi Emergency Management Agency or the Mississippi Development Authority to effectuate the purposes of this program.
Under this program, the department shall not disburse more than Ten Million Dollars ($10,000,000.00).
(3) The Mississippi Emergency Management Agency shall purchase COVID-19-related materials. Under this subsection, subject to appropriations by the Legislature, the Mississippi Emergency Management Agency shall not disburse more than Thirty Million Dollars ($30,000,000.00).
SECTION 13. (1) There is established the Nursing Homes CARES Act Program which the department shall administer for the purpose of reimbursing nursing homes for eligible expenditures.
(2) The department shall not exceed Ten Thousand Dollars ($10,000.00) in reimbursement for each nursing home.
(3) Under this program, the department shall not disburse more than Ten Million Dollars ($10,000,000.00).
SECTION 14. (1) There is established the Medical Provider CARES Act Program which the department shall administer for the purpose of reimbursing medical providers who are not provided for in a separate program in this act for eligible expenditures.
(2) The department shall not exceed Three Thousand Dollars ($3,000.00) in reimbursement for each medical provider.
(3) Under this program, the department shall not disburse more than Twelve Million Dollars ($12,000,000.00).
SECTION 15. (1) There is established the Child Care Facility CARES Act Program which the department shall administer for the purpose of reimbursing child care facilities for eligible expenditures.
(2) The department may reimburse an entity that purchases in bulk for a facility or group of facilities.
(3) The department shall not exceed Three Thousand Dollars ($3,000.00) in reimbursement for each facility.
SECTION 16. (1) There is established the Community Mental Health Centers CARES Act Program which the department shall administer for the purpose of reimbursing the community mental health centers for eligible expenditures.
(2) Under this program, the department shall not disburse more than Five Million Dollars ($5,000,000.00).
SECTION 17. (1) There is established the Mississippi Home Corporation CARES Act Program which the Mississippi Home Corporation shall administer for the purpose of providing rental assistance to persons affected by COVID-19.
(2) Under this program, the Mississippi Home Corporation shall not disburse more than Ten Million Dollars ($10,000,000.00).
SECTION 18. (1) There is created a special fund in the State Treasury, to be known as the "Public Health and Welfare Emergency Relief Fund," from which the department shall disburse the funds as authorized by this act. All monies shall be disbursed from these funds in compliance with the guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies from the Coronavirus Relief Fund established by the CARES Act. If on November 30, 2020, there are unobligated monies in either fund, the Governor shall have the discretion to transfer monies to another state agency to be used for eligible expenditures pursuant to the CARES Act.
(2) The use of funds allocated under this program shall be subject to audit by the United State Department of Treasury's Office of Inspector General and the Mississippi Office of the State Auditor. Each entity or person receiving funds under this program, found to be fully or partially noncompliant with the requirements in this act, shall return to the state all or a portion of the funds received.
SECTION 19. The department shall report on the utilization of the program to the Chair of the Public Health and Welfare Committees of the Senate and the House of Representatives, the Lieutenant Governor, the Speaker of the House and the Governor by October 1, 2020. At a minimum, the report shall contain the following for each program established by the act:
(a) The total amount of funds awarded;
(b) A list of each recipient and the amount awarded to each recipient; and
(c) A list of the geographic distribution of the funds.
SECTION 20. If any section, paragraph, sentence, clause, phrase, or any part of this act is declared to be in conflict with federal law, or if for any reason is declared to be invalid or of no effect, the remaining sections, paragraphs, sentences, clauses, phrases or parts thereof shall be in no matter affected thereby but shall remain in full force and effect.
SECTION 21. This act shall take effect and be in force from and after its passage.