Senate Bill 2759

AN ACT TO CREATE NEW SECTION 41-9-20, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A PATIENT OF A RURAL HOSPITAL SHALL BE ADMITTED TO A MAJOR HOSPITAL WHEN A DOCTOR OF SUCH RURAL HOSPITAL DEEMS IT IS MEDICALLY NECESSARY TO TRANSFER SUCH PATIENT TO THE EMERGENCY ROOM OF A MAJOR HOSPITAL; THE DEPARTMENT OF HEALTH SHALL PRESCRIBE RULES AND REGULATIONS THAT PROVIDE WHAT SITUATIONS SHALL BE CONSIDERED MEDICALLY NECESSARY IN COMPLIANCE WITH THIS ACT; TO PROVIDE CERTAIN PROVISIONS THAT THE DEPARTMENT MUST CONSIDER IN ADOPTING SUCH RULES; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 41-9-20, Mississippi Code of 1972:

41-9-20. (1) For purposes of this section, "Rural hospital" means a licensed Mississippi hospital that has fifty (50) or fewer licensed general acute, nonspecialty beds.

(2) For purposes of this section, "Major hospital" means a licensed Mississippi hospital that has fifty (50) or more licensed general acute, nonspecialty beds.

(3) A patient of a rural hospital shall be admitted to an emergency room of a major hospital when a doctor of such rural hospital deems it is medically necessary to transfer such patient to the major hospital.

(4) The Department of Health shall prescribe rules and regulations that provide what situations shall be considered medically necessary in compliance with this act. In adopting such rules, the Department shall consider the following:

(a) Disparities between a rural hospital and a major hospital that could increase the patient's likelihood of having an adverse health reaction if the patient stayed at the rural hospital;

(b) Chronic conditions that may be better treated in major hospitals;

(d) Procedures for transfer that ensure efficiency and the best possible health outcome for the patient.

SECTION 2. This act shall take effect and be in force from and after July 1, 2023.