House Bill 1679

AN ACT TO MAKE AN APPROPRIATION FROM THE CORONAVIRUS STATE FISCAL RECOVERY FUND TO THE MISSISSIPPI DEPARTMENT OF HEALTH; TO UTILIZE SUCH FUNDS TO ESTABLISH A "HAZARD PAY FOR ESSENTIAL HEALTH CARE WORKERS" GRANT PROGRAM TO BE ADMINISTERED BY THE MISSISSIPPI STATE DEPARTMENT OF HEALTH TO PROVIDE $1,500 IN PREMIUM PAY TO COMPENSATE HEALTH CARE WORKERS WHO PERFORM JOBS IN PUBLIC SETTINGS AT HEIGHTENED RISK OF EXPOSURE TO COVID-19; TO DEFINE CERTAIN TERMS; TO PROVIDE A PROCEDURE FOR EMPLOYERS OF ESSENTIAL HEALTH CARE WORKERS TO APPLY FOR SUCH GRANT FUNDS; TO PROVIDE THAT THE GRANT SHALL ONLY BE APPLICABLE DURING THE COVID-19 PUBLIC HEALTH EMERGENCY; TO AMEND SECTION 41-3-15, MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES.

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

SECTION 1. The following sum, or so much of it as may be necessary, is appropriated out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the Mississippi State Department of Health for the purposes described in Section 2 of this act, for the period beginning July 1, 2022, and ending June 30, 2023..........................$ 60,000,000.00.

SECTION 2. (1) With the funds appropriated under Section 1 of this act, the department shall establish a "Hazard Pay for Essential Health Care Workers" Grant Program to be administered by the department to provide premium pay of One Thousand Five Hundred Dollars ($1,500.00) to compensate essential health care workers who perform jobs in public settings at heightened risk of exposure to COVID-19. To qualify for the premium pay, essential health care workers must have an annual income of Seventy-five Thousand Dollars ($75,000.00) or less, and shall have performed essential services during the period beginning January 31, 2020, and ending February 1, 2022.

(2) As used in this act the following terms shall have the meaning ascribed herein:

(a) "Health care workers" includes licensed social workers, clinical workers, certified nurse assistants, aides, technicians, janitorial staff, housekeeping staff, security guards, food service workers, laundry workers, nonmanagerial administrative staff and any other employee who performs work in a job or environment that subjects the employee to an elevated risk of being exposed to or contracting COVID-19.

(b) "COVID-19 public health emergency" means the public health emergency first declared on January 31, 2020, by the Secretary of Health and Human Services with respect to COVID-19.

(c) "Essential health care workers" means all paid and unpaid persons serving in health care settings who have the potential for direct or indirect exposure to patients or infectious materials. This term includes agents while working in a health care setting. The term "essential work" means any work that:

(i) Is performed during the period that begins on January 27, 2020, and ends sixty (60) days after the last day of the COVID-19 Public Health Emergency;

(ii) Is not performed while teleworking from a residence;

(iii) Involves regular in-person interactions with patients, the public or coworkers of the individual performing the work; or

(iv) Regular physical handling of items that were handled by, or are to be handled by, patients, the public or coworkers of the individual performing the work.

(d) "Essential work employer" means an employer who employs, or provides remuneration for services or labor to, an essential health care worker.

(e) "Department" means the Mississippi State Department of Health.

(3) With the funds appropriated under Section 1 of this act, the department shall administer the grant program and review grant applications from employers of essential workers. The department shall determine whether or not requirements are met, and certify the applications as necessary. If an employer is eligible to receive funds, not more than seven (7) days after making a certification with respect to such employer, the department shall allocate to the employer the amount of the grant. The department may set aside three percent (3%) of the grant funds for administrative costs.

SECTION 3. The department shall not disburse any funds appropriated under this act to any recipient without first: (a) making an individualized determination that the reimbursement sought is, in the department's independent judgment, for necessary expenditures eligible under Section 602 of the federal Social Security Act as added by Section 9901 of the federal American Rescue Plan Act of 2021 (ARPA) and its implementing guidelines, guidance, rules, regulations and/or other criteria, as may be amended or supplemented from time to time, by the United States Department of the Treasury; and (b) determining that the recipient has not received and will not receive reimbursement for the expense in question from any source of funds, including insurance proceeds, other than those funds provided under Section 602 of the federal Social Security Act as added by Section 9901 of (ARPA). In addition, the department shall ensure that all funds appropriated under this act are disbursed in compliance with the Single Audit Act (31 USC Sections 7501-7507) and the related provisions of the Uniform Guidance, 2 CFR Section 200.303 regarding internal controls, Sections 200.330 through 200.332 regarding sub-recipient monitoring and management, and subpart F regarding audit requirements.

SECTION 4. (1) As a condition of receiving and expending the funds appropriated to the department under this act, the department shall certify to the Department of Finance and Administration that each expenditure of the funds appropriated to the department under this act complies 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 State Fiscal Recovery Fund established by the American Rescue Plan Act 223 of 2021.

(2) If the Office of Inspector General of the United States Department of the Treasury, or the Office of Inspector General of any other federal agency having oversight over the use of monies from the Coronavirus State Fiscal Recovery Fund established by the American Rescue Plan Act of 2021 (a) determines that the department or recipient has expended or otherwise used any of the funds appropriated to the department under this act for any purpose that is not 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 State Fiscal Recovery Fund established by the American Rescue Plan Act of 2021, and (b) the State of Mississippi is required to repay the federal government for any of those funds that the Office of the Inspector General determined were expended or otherwise used improperly by the department or recipient, then the department or recipient that expended or otherwise used those funds improperly shall be required to pay the amount of those funds to the State of Mississippi for repayment to the federal government.

SECTION 5. The money appropriated by this act shall be paid by the State Treasurer out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his or her warrants upon requisitions signed by the proper person, officer or officers in the manner provided by law.

SECTION 6. This act shall take effect and be in force from and after July 1, 2022.