Senate Bill 2673

(COMMITTEE SUBSTITUTE)

AN ACT TO CREATE THE "MISSISSIPPI FRONTLINE NURSES AND HEALTH CARE WORKERS RETENTION ACT"; TO PROVIDE THE LEGISLATIVE FINDINGS AND DETERMINATIONS REGARDING THE IMPORTANCE AND URGENCY OF THE ACT; TO ESTABLISH THE "MISSISSIPPI FRONTLINE NURSES AND HEALTH CARE WORKERS RETENTION GRANT PROGRAM" IN THE MISSISSIPPI DEPARTMENT OF HEALTH AND PRESCRIBE ITS COMPONENTS; TO PROVIDE THAT A PORTION OF THE FUNDS SHALL BE EXPENDED BY THE DEPARTMENT FOR PROVIDING FUNDS TO MISSISSIPPI LICENSED HOSPITALS TO PROVIDE PREMIUM PAY TO THEIR MISSISSIPPI FRONTLINE NURSES AND LICENSED/CERTIFIED HEALTH CARE WORKERS PROVIDING BEDSIDE CARE WHO ARE PRIMARILY DEVOTED TO MITIGATING OR RESPONDING TO THE CURRENT COVID-19 PUBLIC HEALTH EMERGENCY; TO PROVIDE THAT A PORTION OF THE FUNDS SHALL BE EXPENDED BY THE DEPARTMENT FOR PROVIDING FUNDS TO MISSISSIPPI LICENSED LONG-TERM CARE FACILITIES TO PROVIDE PREMIUM PAY TO THEIR MISSISSIPPI FRONTLINE NURSES AND LICENSED/CERTIFIED HEALTH CARE WORKERS PROVIDING BEDSIDE CARE WHO ARE PRIMARILY DEVOTED TO MITIGATING OR RESPONDING TO THE CURRENT COVID-19 PUBLIC HEALTH EMERGENCY; TO PROVIDE THAT A PORTION OF THE FUNDS SHALL BE EXPENDED BY THE DEPARTMENT FOR PROVIDING FUNDS TO MISSISSIPPI LICENSED AMBULANCE SERVICES TO PROVIDE PREMIUM PAY TO THEIR MISSISSIPPI FRONTLINE NURSES AND LICENSED/CERTIFIED HEALTH CARE WORKERS PROVIDING BEDSIDE CARE WHO ARE PRIMARILY DEVOTED TO MITIGATING OR RESPONDING TO THE CURRENT COVID-19 PUBLIC HEALTH EMERGENCY; TO PROVIDE THAT A PORTION OF THE FUNDS SHALL BE EXPENDED BY THE STATE DEPARTMENT OF HEALTH FOR PROVIDING FUNDS TO ELIGIBLE ENTITIES UNDER THIS ACT TO PROVIDE PREMIUM PAY TO THEIR MISSISSIPPI FRONTLINE NURSES AND LICENSED/CERTIFIED HEALTH CARE WORKERS WHO ARE PRIMARILY DEVOTED TO MITIGATING OR RESPONDING TO THE CURRENT COVID-19 PUBLIC HEALTH EMERGENCY TO BE DISTRIBUTED IN THE MANNER THAT THE DEPARTMENT DETERMINES IS THE MOST EQUITABLE AND EFFICIENT TO SUPPLEMENT THE FUNDS OTHERWISE PROVIDED AND TO EFFECTUATE THE PURPOSES OF THIS ACT; TO PROVIDE THAT MISSISSIPPI FRONTLINE NURSES AND LICENSED/CERTIFIED HEALTH CARE WORKERS WHO QUALIFY FOR PREMIUM PAY UNDER THIS SECTION SHALL RECEIVE PREMIUM PAY NOT TO EXCEED A CERTAIN AMOUNT WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THIS ACT IN RECOGNITION OF THE RECIPIENT'S CURRENT AND FUTURE WORK PRIMARILY DEVOTED TO MITIGATING OR RESPONDING TO THE CURRENT COVID-19 PUBLIC HEALTH EMERGENCY AND SUBJECT TO THE RECIPIENT'S WRITTEN AGREEMENT WITH THE DEPARTMENT TO CONTINUE EMPLOYMENT WITH THE RECIPIENT'S PRIMARY CURRENT EMPLOYER FOR FIVE MONTHS FOLLOWING THE RECEIPT OF SUCH PREMIUM PAY; TO FURTHER PROVIDE THAT THE WRITTEN AGREEMENT SHALL BE DEVELOPED BY THE DEPARTMENT AND INCLUDE A PROVISION THAT THE MISSISSIPPI FRONTLINE NURSE OR LICENSED/CERTIFIED HEALTH CARE WORKER MAY BE REQUIRED TO REPAY TO THE STATE OF MISSISSIPPI THE AMOUNT OF THEIR PREMIUM PAY FUNDS IF THE TERMS OF THE AGREEMENT ARE NOT MET; TO PROVIDE CERTAIN REPORTING AND APPROVAL REQUIREMENTS UNDER THIS ACT; TO PROVIDE THAT NONE OF THE FUNDS PROVIDED UNDER THIS SECTION MAY BE USED TO PROVIDE PREMIUM PAY TO ANY FRONTLINE NURSES OR LICENSED/CERTIFIED HEALTH CARE WORKERS WHO ARE WORKING UNDER A CONTRACT WITH A STAFFING AGENCY TO PROVIDE SERVICES IN THE STATE OF MISSISSIPPI FOR A LIMITED DURATION OF LESS THAN ONE YEAR, SUCH AS TRAVEL NURSES, AS DETERMINED BY THE DEPARTMENT; 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 Frontline Nurses and Health Care Workers Retention Act."

SECTION 2. The Legislature finds and determines that:

(a) Frontline nurses and licensed/certified health care workers who are primarily devoted to mitigating or responding to the current COVID-19 public health emergency in Mississippi have faced and continue to face elevated health risks during the current public health emergency;

(b) There is a vital need to provide these Mississippi frontline nurses and licensed/certified health care workers with premium pay from the Coronavirus State Fiscal Recovery Fund established by the American Rescue Plan Act of 2021, with the goal of retaining Mississippi frontline nurses and licensed/certified health care workers who are primarily devoted to mitigating or responding to the current COVID-19 public health emergency;

(c) Having cared for thousands of COVID-19 patients, these Mississippi frontline nurses and licensed/certified health care workers are now part of a hyper-competitive labor market and in extreme demand across the country;

(d) These Mississippi frontline nurses and licensed/certified health care workers who are primarily devoted to mitigating or responding to the current COVID-19 public health emergency are heroes to their patients and to all the citizens of this state, and providing this premium pay to them is of utmost urgency to retain these heroes fighting the pandemic on the front lines in the months to come.

SECTION 3. (1) There is created at the Mississippi Department of Health, the Mississippi Frontline Nurses and Health Care Workers Retention Grant Program.

(2) The purpose of this program is to provide Mississippi licensed hospitals and Mississippi licensed long-term care facilities with grants to provide premium pay to their frontline nurses and licensed/certified health care workers providing bedside care who are primarily devoted to mitigating or responding to the current COVID-19 public health emergency. This grant program shall be subject to the availability of funds appropriated by the Legislature utilizing Coronavirus State Fiscal Recovery Funds made available under the federal American Rescue Plan Act of 2021 (ARPA) or any other funds appropriated by the Legislature.

(3) Definitions. For purposes of this section, unless the context requires otherwise, the following terms shall have the meanings ascribed:

(a) "ARPA" shall mean the federal American Rescue Plan Act of 2021, Public Law 117-2, which amends Title VI of the Social Security Act.

(b) "State Recovery Funds" shall mean Coronavirus State Fiscal Recovery Funds awarded through Section 602, Title VI of the Social Security Act amended by Section 9901 of the federal American Rescue Plan Act of 2021, Public Law 117-2.

(d) "Hospital" shall mean any Mississippi licensed hospital and Mississippi licensed long-term care facility.

(4) On or before July 1, 2022, the Mississippi Department of Health shall promulgate interim rules and regulations necessary to administer the Frontline Nurses and Health Care Workers Retention Grant Program prescribed under this act, including application procedures and deadlines.

(5) In providing the funds to Mississippi licensed hospitals under this act, the department shall determine the maximum possible amount available to each Mississippi licensed hospital using a formula based on the total number of hospitalized COVID-19 patients that the Mississippi licensed hospital treated from January 1, 2021, through September 17, 2021, and the number of Mississippi licensed hospital beds in the hospital as of the most recent date known by the department. The formula should provide double the weight to the total number of hospitalized COVID-19 patients that the Mississippi licensed hospital treated from January 1, 2021, through September 17, 2021, as compared to the weight given to the number of Mississippi licensed hospital beds in the hospital as of the most recent date known by the department.

(6) In providing the funds to Mississippi licensed long-term care facilities under this act, the department shall determine the maximum possible amount available to each Mississippi licensed long-term care facility using a formula based on the total number of COVID-19 positive residents at the Mississippi licensed long-term care facility from January 1, 2021, through September 17, 2021, and the number of Mississippi licensed and staffed long-term care beds in the long-term care facility as of the most recent date known by the department. The formula should provide double the weight to the total number of COVID-19 positive residents that the Mississippi licensed long-term care facility treated from January 1, 2021, through September 17, 2021, as compared to the weight given to the number of Mississippi licensed and staffed long-term care beds in the long-term care facility as of the most recent date known by the department.

(7) In providing the funds to Mississippi licensed ambulance services under this act, the department shall determine the maximum possible amount available to each Mississippi licensed ambulance service based on the total number of ambulance runs, including transfers, as reported to the Mississippi EMS information system on September 30, 2021, for the period January 1, 2021, through September 17, 2021.

(8) As a condition of receiving premium pay under this section, the recipient must execute a written agreement with the department to continue employment with his or her primary current employer for five (5) months following the receipt of such premium pay. The written agreement shall be developed by the department and shall include a provision that the recipient may be required to repay to the State of Mississippi, to be deposited into the Coronavirus State Fiscal Recovery Fund, the amount of premium pay funds that he or she received if the terms of the agreement are not met. The written agreement with the department shall not create, revise or otherwise affect any contractual relationship between the employer and employee.

(9) As a condition of receiving funds under this act, each employer shall provide a report to the department of the number and type of frontline nurses and licensed/certified health care workers and premium pay amounts they intend to distribute, and must receive approval from the department that the requirements of this act, the American Rescue Plan Act of 2021 and any federal guidance regarding the Coronavirus State Fiscal Recovery Fund are met before the employer may distribute the premium pay to their frontline nurses or licensed/certified health care workers who are primarily devoted to mitigating or responding to the current COVID-19 public health emergency.

(10) None of the funds provided under this act may be used to provide premium pay to any frontline nurses or licensed/certified health care workers who are working under a contract with a staffing agency to provide services for a limited duration of less than one (1) year in the State of Mississippi, such as travel nurses, as determined by the department.

(11) None of the funds provided under this act may be used to provide premium pay to any frontline nurses or licensed/certified health care workers who have gross annual wages or salary from their primary current employer equal to or greater than One Hundred Fifty Thousand Dollars ($150,000.00).

(12) If there are any unused or otherwise unspent funds under this section, the department shall reallocate those funds to eligible entities under this section, notwithstanding the maximum possible amount available to each eligible entity as determined under this section, to provide premium pay to their eligible frontline nurses and licensed/certified health care workers who are primarily devoted to mitigating or responding to the current COVID-19 public health emergency. The department shall reallocate such funds in a manner that the department determines is the most equitable and efficient to effectuate the purposes of this act.

(13) For purposes of the Public Employees' Retirement System of Mississippi, the premium pay provided under this section shall not be considered earned compensation, as defined in Section 25-11-103(k).

(14) The department shall certify to the Department of Finance and Administration that each expenditure of the funds appropriated to the department under this act is 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.

(15) 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 4. This act shall take effect and be in force from and after July 1, 2022, and shall stand repealed on June 30, 2022.