MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Veterans and Military Affairs; Public Health and Welfare
By: Senator(s) Seymour
AN ACT TO AMEND SECTION 35-1-21, MISSISSIPPI CODE OF 1972, TO AUTHORIZE AND DIRECT THE ADMINISTRATOR OF EACH MISSISSIPPI STATE VETERANS HOME TO ENSURE THAT THE VOLUNTARY INFORMED CONSENT OF ANY RESIDENT IS GIVEN PRIOR TO ADMINISTERING VACCINATIONS FOR PREVENTABLE DISEASES ON THE PREMISES AND THAT THE RESIDENT SHALL HAVE THE LEGAL CAPACITY TO GIVE THE INFORMED CONSENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 35-1-21, Mississippi Code of 1972, is amended as follows:
35-1-21. (1) Upon the establishment of the Mississippi State Veterans Home, and any additional homes as may be established, the Mississippi State Veterans Affairs Board is hereby designated as the governing authority of any such facilities. The operation and maintenance of all veterans homes shall meet the standards of the United States Department of Veterans Affairs with regard to the operation of state veterans homes.
(2) The State Veterans Affairs Board may contract with nongovernmental entities or the United States Department of Veterans Affairs to operate and provide services to state veterans homes. The board may contract with the vendor whose proposal is most advantageous to the state and veterans, taking into consideration cost factors, program suitability factors, management plan, delivery of care and service to residents, excellence of program design, key personnel, corporate or company resources, financial condition of the vendor, corporate experience and past performance, and any other requirements deemed necessary by the board and expressed in its solicitation for proposals. Contract(s) awarded under this section may be for periods exceeding one (1) year. The board is not required to select the vendor offering the lowest cost proposal, but shall select the vendor who, in the board's discretion, offers the proposal most advantageous to the State of Mississippi and veterans. When any contract is awarded, the reason(s) for the awarding of the contract shall be entered on the minutes of the board. The provisions of this paragraph shall supersede any rule or regulation of the Public Procurement Review Board to the contrary.
(3) The State Veterans Affairs Board may, as permitted by federal laws or regulations, purchase from the United States Department of Veterans Affairs, from contracts established by the United States Department of Veterans Affairs, or through other sharing agreements between the board and the United States Department of Veterans Affairs, services, commodities, supplies and equipment for use in operation of, and provision of care to residents of, the state veterans homes when such purchases or agreements are advantageous to the veterans and the state.
(4) The State Veterans Affairs Board may operate and maintain the state veterans homes without entering into any contract for management purposes with any nongovernmental entity or the United States Department of Veterans Affairs to operate the homes. In such instances, the State Veterans Affairs Board shall be solely responsible for the operation and maintenance of the state veterans homes and shall hire the administrators and all other personnel for the veterans homes. The mission of the State Veterans Affairs Board in managing the state veterans homes shall be to provide domiciliary care and other related services for eligible veterans in the most cost-efficient manner.
(5) The State Department of
Health shall perform an initial certification survey of the State Veterans Home
in Collins, Mississippi, on or about July 1, 2000. The purpose of this initial
survey is to provide a baseline for measuring the quality of care during the
period for which this section applies. In addition to the initial
certification survey, the State Department of Health shall, * * * beginning
on or about July 1, 2022, conduct periodic follow-up certification surveys * * *
of the State Veterans Home in Collins, Mississippi.
(6) The State Veterans Affairs Board is hereby authorized and directed to require the administrator of each Mississippi State Veterans Home to ensure that the voluntary informed consent of any nursing home resident is given prior to the administration of any vaccination for preventable disease approved by the State Board of Health to such resident residing on the premises and that the resident shall have the legal capacity to give the informed consent. For purposes of this section, "informed consent" means that the resident shall be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, overreaching or other form of constraint or coercion, and should have sufficient knowledge and comprehension of the elements of the vaccination as to enable him or her to make an informed decision. During the course of the administration of the vaccination to the resident, the health care practitioner in charge shall be prepared to terminate the vaccination at any stage, if he has probable cause to believe, in the exercise of careful judgment required of him, that a continuation of the vaccination procedure is likely to result in physical or mental injury or disability.
SECTION 2. This act shall take effect and be in force from and after July 1, 2022.