MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Economic and Workforce Development; Appropriations

By: Senator(s) Parker

Senate Bill 2718

AN ACT TO AMEND SECTION 37-153-201, MISSISSIPPI CODE OF 1972, TO REMOVE THE MISSISSIPPI ALLIED HEALTH COLLEGE AND CAREER NAVIGATOR GRANT PROGRAM; TO AMEND SECTION 37-153-203, MISSISSIPPI CODE OF 1972, TO NOTE MAJOR WORKFORCE SHORTAGES WHICH IMPACT THE QUALITY OF PATIENT CARE AND AVAILABILITY OF HEALTH CARE, TO NOTE THE AVAILABILITY OF FEDERAL FUNDS TO MAXIMIZE THE USE OF TECHNOLOGY TO IMPROVE PATIENT CARE AND ADDRESS WORKFORCE SHORTAGES, AND TO NOTE THAT THE LEGISLATURE INTENDS TO PROVIDE FUNDING FOR EQUIPMENT AND TRAINING NECESSARY TO IMPLEMENT VIRTUAL NURSING AND OTHER PROGRAMS NECESSARY TO IMPROVING PATIENT CARE AND ADDRESSING WORKFORCE SHORTAGES; TO AMEND SECTION 37-153-205, MISSISSIPPI CODE OF 1972, TO ALLOW THE ACCELERATE MISSISSIPPI NURSING/ALLIED HEALTH GRANT PROGRAM TO PROVIDE GRANTS TO HOSPITALS FOR EQUIPMENT AND TRAINING NECESSARY TO IMPLEMENT VIRTUAL NURSING AND OTHER PROGRAMS, TO DEFINE TERMS, TO REMOVE CERTAIN DEFINITIONS, TO DESIGNATE SCHOLARSHIPS FOR TUITION AN ELIGIBLE EXPENSE, TO CLARIFY WHAT INFORMATION SHOULD BE INCLUDED ON AN APPLICATION FOR FUNDS, AND TO REMOVE THE STIPULATION THAT 75% OF THE FUNDS PROVIDED SHALL BE RESERVED FOR COMMUNITY AND JUNIOR COLLEGES; TO AMEND SECTION 37-153-207, MISSISSIPPI CODE OF 1972, TO REDEFINE THE ACCELERATE MISSISSIPPI PHYSICIAN RESIDENCY AND FELLOWSHIP START-UP GRANT PROGRAM AND ITS RESPONSIBILITIES AND TO STIPULATE THAT APPLICANTS AGREEING TO COMMIT A PORTION OF ANY FUNDS AS SUPPLEMENTAL MATCHING FUNDS TO OFFSET THE TOTAL COST OF THE APPROVED PROGRAM WILL BE PRIORITIZED FOR APPROVAL; TO REPEAL SECTION 37-153-209, MISSISSIPPI CODE OF 1972, WHICH ESTABLISHES THE MISSISSIPPI ALLIED HEALTH COLLEGE AND CAREER NAVIGATOR GRANT PROGRAM; TO AMEND SECTION 37-153-211, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT THE OFFICE MINIMIZE ANY EXPENSE OF ADMINISTRATIVE FUNDS BY ESTABLISHING POLICIES AND PROCEDURES MIRRORING PAST PROGRAMS UTILIZING OTHER FEDERAL AND STATE FUNDS; TO AMEND SECTION 37-153-217, MISSISSIPPI CODE OF 1972, TO NOTE THAT FEDERAL GRANT FUNDS THROUGH THE AMERICAN RESCUE PLAN ACT SHALL BE AVAILABLE THROUGH DECEMBER 31, 2026, OR ON THE DATE OF THE FUND EXPENDITURE DEADLINE PROVIDED BY THE FEDERAL GOVERNMENT; TO BRING FORWARD SECTION 37-153-215, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 37-153-201, Mississippi Code of 1972, is amended as follows:

     37-153-201.  (1)  This article shall be known and may be cited as the "American Rescue Plan Act (ARPA) Nurse/Allied Health Workforce Development and Retention Act."  Under this article, the Legislature creates the "Accelerate Mississippi Nursing/Allied Health Grant Program * * *," and the "Accelerate Mississippi Physician Residency and Fellowship Start-Up Grant Program * * *" and the "Mississippi Allied Health College and Career Navigator Grant Program."

     (2)  As used in this article, "office" means the Office of Workforce Development established in Section 37-153-7.

     SECTION 2.  Section 37-153-203, Mississippi Code of 1972, is amended as follows:

     37-153-203.  (1)  The Mississippi Legislature finds that:

          (a) * * *  The public health crisis related to COVID‑19 resulted in a general disruption in the Mississippi economy and workforce, particularly in  Mississippi hospitals, clinics, long-term care facilities and other health care facilities across the state are experiencing major workforce shortages which impact the quality of patient care and availability of healthcare generally in the state; and

 * * * (b)  Workforce shortages exist in the health care industry; and

          ( * * *cb)  The availability of * * * unprecedented federal funding * *  *to mitigate the impact of COVID‑19 on the and continued focus on workforce and economy has created a unique opportunity for the office, working with community colleges and other partners, to provide education and training to help Mississippians find employment in the nursing, allied health and other health care fields, including paramedics, and working with hospitals to maximize the use of technology to improve patient care and address workforce shortages.

     (2)  Therefore, the intent of the Mississippi Legislature is:

          (a)  To provide funding for outreach efforts to connect citizens seeking employment in nursing, allied health, and other health care fields, including paramedics, with the education and training required to obtain necessary skills for relevant employment in the state;

          (b)  To provide funding for new and increased capacity in existing nursing and allied health training programs, including accredited paramedic programs, or to help retain and graduate nursing and allied health students, including students in an accredited paramedic program, to include any required equipment or supplies, at community and junior colleges or through other entities facilitating healthcare-focused workforce training programs across the state;

          (c)  To provide funding for new and increased capacity in physician residency and fellowship programs in hospitals across the state; * * * and

          (d)  To provide funding for equipment and training necessary to implement virtual nursing and other programs necessary to improve patient care and addressing workforce shortages; and

          ( * * *de)  To gauge the effectiveness of these programs by gathering data related to participation and wage and employment outcomes in order to replicate successful efforts in future workforce development programs.

     SECTION 3.  Section 37-153-205, Mississippi Code of 1972, is amended as follows:

     37-153-205.  (1)  There is established the Accelerate Mississippi Nursing/Allied Health Grant Program, which shall be directed by the office for the purpose of increasing capacity in nursing and allied health training programs, including accredited paramedic programs, job sectors which were severely impacted by the disruption to the economy and workforce caused by COVID-19 and providing grants to hospitals for equipment and training necessary to implement virtual nursing and other programs aimed at improving patient care and addressing workforce shortages.

     (2)  For purposes of this section, the following words shall have the meanings ascribed herein unless the context requires otherwise:

          (a)  "Grant program" means the program established in this section, which provides funding, as determined by the office, * * * from federal COVID‑19 relief funds to sustain and increase capacity in nursing and allied health education and training programs, including accredited paramedic programs, or to help retain and graduate nursing and allied health students, at community and junior colleges or other entities facilitating healthcare-focused training programs as determined by the office, and to hospitals for equipment and training necessary to implement virtual nursing and other programs aimed at improving patient care and addressing workforce shortages.

          (b)  "Hospital" means general acute care hospitals in the State of Mississippi which are licensed by the Mississippi State Department of Health.

          ( * * *bc)  "Recipient" means a community or junior college or other entities facilitating healthcare-focused training programs as determined by the office or a hospital.

          ( * * *cd)  "Trainee" means an individual receiving training or other services through the grant program under this article with the goal of becoming employed in the nursing or allied health field, including as a licensed paramedic.

 * * * (d)  "COVID‑19" means the Coronavirus Disease 2019.

(e)  "Federal COVID‑19 relief funds" means funds allocated to the State of Mississippi from the Coronavirus State Fiscal Recovery Fund in Section 9901 of the American Rescue Plan Act of 2021 (Public Law No. 117‑2).

          ( * * *fe)  "High-wage, high-demand industry" means those nursing or allied health jobs, including paramedics, paying above Mississippi's median annual income and prioritized by the office.

          ( * * *gf)  "Eligible expenses" means a cost incurred by a recipient under this article, to include:

               (i)  Necessary equipment or other supplies to sustain or increase capacity in nursing or allied health training programs, including accredited paramedic programs, or to implement virtual nursing programs in hospitals;

               (ii)  Necessary infrastructure, including building renovation or construction, for increasing capacity in nursing or allied health training programs, including accredited paramedic programs;

               (iii)  Curricula or other academic or training materials to sustain or increase capacity in nursing or allied health training programs, including accredited paramedic programs, or to implement virtual nursing programs in hospitals;

               (iv)  Remote learning or other classroom technology to sustain or increase capacity in nursing or allied health training programs, including accredited paramedic programs;

               (v)  Job placement services for nursing or allied health students and graduates, including those in accredited paramedic programs;

               (vi)  Recruitment programs for nursing or allied health students and graduates, including those in accredited paramedic programs;

               (vii)  Scholarships for tuition for certification-based programs for which no other aid is available, as determined by the Office of Workforce Development, such as accredited paramedic programs; and

               ( * * *viiviii)  Other services aimed at helping retain and graduate current nursing and allied health students, including those in accredited paramedic programs.

     (3)  The Department of Employment Security shall serve as fiscal agent in administering the funds.

     (4)  Subject to appropriation by the Legislature, allocations to recipients shall be awarded by the office through an application process, which shall require the applicant to provide:

          (a)  A detailed explanation of the program the applicant intends to use awarded funds * * * to create or expand, to include, if applicable:

               (i)  A description of the nursing or allied health workforce shortage the program is intended to address, including specific information from hospitals, clinics, long-term care facilities or other health care providers in the region, or a description of the virtual nursing program grant funds will support;

               (ii)  Any relevant waitlist or other information demonstrating high demand for graduates from the relevant nursing or allied health program, or a description of workforce shortages experienced by the hospital;

               (iii)  The number of nursing * * * or students, allied health students, patients or others who will be served by the program; and

               (iv)  The average wage rate for nursing or allied health students receiving employment after completing the program;

          (b)  A proposed budget on how awarded funds will be expended, including a plan to consistently report expenditures to the office throughout the funding commitment;

          (c)  A plan to provide data on participation and outcomes of the program, including a plan to report outcomes to the office throughout the funding commitment; and

          (d)  Other relevant information as determined appropriate by the office.

     (5)  Applicants agreeing to commit a portion of * * * their federal COVID‑19 relief funds, if they received federal COVID‑19 relief funds directly, or other any state, federal or private funds as supplemental matching funds to offset the total cost of the approved program will be prioritized for approval.

     (6)  The office shall:

          (a)  Inform each recipient of its portion of the funds appropriated to the grant program;

          (b)  Develop regulations and procedures to govern the administration of the grant program;

          (c)  Prioritize jobs within the nursing or allied health fields, including the paramedic field, which are currently experiencing staffing shortages in hospitals, clinics, long-term care facilities and other health care providers across the state; and

          (d)  Prioritize jobs which are high-wage, high-demand jobs within the nursing and allied health fields, including the paramedic field.

 * * * (7)  Seventy‑five percent (75%) of the funds provided through the appropriations process for this program shall be reserved for community and junior colleges.  A maximum of twenty‑five percent (25%) of the funds provided through the appropriations process for this program may be awarded to recipients other than a community or junior college which facilitate healthcare‑focused training programs as determined by the office.

     SECTION 4.  Section 37-153-207, Mississippi Code of 1972, is amended as follows:

     37-153-207.  (1)  There is established the Accelerate Mississippi Physician Residency and Fellowship Start-Up Grant Program, which shall be directed by the office for the purpose of creating new or increasing capacity in existing physician residency and fellowship programs in hospitals, * * * which were severely impacted by the disruption to the economy and workforce caused by COVID‑19.

     (2)  For purposes of this section, the following words shall have the meanings ascribed herein unless the context requires otherwise:

          (a)  "Grant program" means the program established in this section, which provides funding, as determined by the office, * * * from federal COVID‑19 relief funds to create new or increase capacity in existing * * * physician residency and fellowship programs at general acute care hospitals in the State of Mississippi which are licensed by the Mississippi State Department of Health.

          (b)  "Recipient" means a general acute care hospital in the State of Mississippi which is licensed by the Mississippi State Department of Health.

          (c)  "Residency and fellowship programs" means advanced training programs in medical or surgical specialty areas, optometry, or psychiatry which are accredited by the Accreditation Council for Graduate Medical Education or a similar accreditation body.

          (d)  "COVID-19" means the Coronavirus Disease 2019.

          (e)  "Federal COVID-19 relief funds" means funds allocated to the State of Mississippi from the Coronavirus State Fiscal Recovery Fund in Section 9901 of the American Rescue Plan Act of 2021 (Public Law No. 117-2).

          (f)  "Eligible expenses" means a cost incurred by a recipient, pursuant to this article, to include:

               (i)  Equipment or other supplies necessary for accreditation;

               (ii)  Necessary infrastructure, including building, renovation or construction * * *, for accreditation;

               (iii)  Curricula or other academic or training materials necessary for accreditation;

               (iv)  Stipends for the recruitment, hiring and development of program directors, program coordinators, faculty and/or teaching staff and clinic staff necessary for accreditation; and

               (v)  Remote learning or other classroom technology.

     (3)  The Department of Employment Security shall serve as fiscal agent in administering the funds.

     (4)  Subject to appropriation by the Legislature, allocations to recipients shall be awarded by the office through an application process, which shall require the applicant to provide:

          (a)  Evidence that the applicant is in the process of preparing for accreditation, has applied for accreditation or has received accreditation for a new residency or fellowship program, or increased capacity in an existing residency or fellowship program;

          (b)  A detailed explanation of the residency or fellowship program the applicant intends to use awarded funds to create or expand, to include:

               (i)  A description of the workforce shortage the residency or fellowship program is intended to address, including specific information from health care providers in the region;

               (ii)  Any relevant waitlist or other information demonstrating high demand for * * * medical school graduates to enter the residency or fellowship program;

               (iii)  The number of residents who will be served by the residency or fellowship program;

               (iv)  The budget for the residency or fellowship program, including a plan showing sustainability after accreditation and any required federal approval of the program; and

               (v)  The average wage rate for residents or fellows receiving employment after completing the program;

          (c)  A proposed budget on how awarded funds will be expended, including a plan to consistently report expenditures to the office throughout the funding commitment;

          (d)  A plan to provide data on participation and outcomes of the residency or fellowship program, including a plan to report outcomes to the office throughout the funding commitment; and

          (e)  Other relevant information as determined appropriate by the office.

     (5) * * *  Applicants agreeing to commit a portion of their federal COVID‑19 relief funds, if they received federal COVID‑19 relief funds directly, or other state, federal or private funds as supplemental matching funds to offset the total cost of the approved program shall be prioritized for approval.  Applicants agreeing to commit a portion of any state, federal or private funds as supplemental matching funds to offset the total cost of the approved program will be prioritized for approval.

     (6)  The office shall:

          (a)  Inform each recipient of its portion of the funds appropriated to the grant program;

          (b)  Develop regulations and procedures to govern the administration of the grant program;

          (c)  Prioritize residency or fellowship programs within * * * medical or surgical specialties areas which are currently experiencing staffing shortages in hospitals, clinics, long-term care facilities and other health care providers across the state;

          (d)  Prioritize residency or fellowship programs which produce graduates in high-demand medical and surgical fields;

          (e)  Establish a schedule of application deadlines and a system for considering applications on a rotating basis; and

          (f)  Ensure that every effort be made, in accordance with the priorities in this subsection, to provide funds for the placement of one (1) resident with each recipient before considering awarding funds for the placement of additional residents in the same round of consideration.

     SECTION 5.  Section 37-153-209, which establishes the Mississippi Allied Health College and Career Navigator Grant program, is hereby repealed.

     SECTION 6.  Section 37-153-211, Mississippi Code of 1972, is amended as follows:

     37-153-211.  The office may use a maximum of two percent (2%) of funds appropriated for the administrative expenses of the grant programs authorized in Sections * * * 3, 4 and 5 of this act 37-153-205, 37-153-207 and 37-153-209, to the extent permissible under federal law.  The office shall try to minimize any expense of administrative funds by establishing policies and procedures mirroring past programs utilizing * * * federal COVID‑19 relief funds other federal and state funds.

     SECTION 7.  Section 37-153-217, Mississippi Code of 1972, is amended as follows:

     37-153-217.  Federal grant funds apportioned via the American Rescue Plan Act shall be available under this article through December 31, 2026, or on the date of the fund expenditure deadline provided by the federal government, whichever occurs later.  Each grant recipient shall certify, for any project for which a grant is awarded, that if the project is not completed by December 31, 2026, and the United States Congress does not enact an extension of the deadline on the availability of ARPA funds, then the grant recipient will complete the project through other funds.

     SECTION 8.  Section 37-153-215, Mississippi Code of 1972, is brought forward as follows:

     37-153-215.  The office shall provide a comprehensive report on the use and effectiveness of funds distributed under the grant programs created in this article, to include wage data and employment outcomes for residents, to the Governor, Lieutenant Governor, Speaker of the House, Chairs of the Senate and House Appropriations Committees, Chair of the Senate Economic and Workforce Development Committee, and Chair of the House Workforce Development Committee by October 1 of each year of the existence of the program and for at least three (3) years after the program ceases.

     SECTION 9.  This act shall take effect and be in force from and after July 1, 2024.