MISSISSIPPI LEGISLATURE
2024 Regular Session
To: Judiciary, Division A
By: Senator(s) Boyd, England, DeLano, Wiggins
AN ACT TO AMEND SECTION 41-4-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE DEPARTMENT OF MENTAL HEALTH SHALL PROMULGATE A RATING SCALE WITH PERFORMANCE INDICATORS FOR COMMUNITY MENTAL HEALTH AUTHORITIES; TO REQUIRE THE DEPARTMENT TO PERFORM A PERFORMANCE REVIEW AUDIT AT LEAST ONCE EVERY TWO YEARS; TO PROVIDE THAT THE DEPARTMENT MAY PLACE REGIONAL COMMISSIONS OR COMMUNITY MENTAL HEALTH CENTERS ON PROBATIONARY STATUS; TO PROVIDE THAT IF THE COMMUNITY MENTAL HEALTH CENTER DOES NOT ACHIEVE A PASSING SCORE ON THE PERFORMANCE AUDIT AFTER THE PROBATIONARY PERIOD, THE REGIONAL COMMISSION SHALL REPLACE THE COMMUNITY MENTAL HEALTH CENTER'S EXECUTIVE DIRECTOR AND ANY OTHER OFFICERS IDENTIFIED BY THE DEPARTMENT WITH CONTRACTORS; TO PROVIDE THAT THE CONTRACTOR SHALL REMAIN IN PLACE UNTIL THE DEPARTMENT DETERMINES THAT THE COMMUNITY MENTAL HEALTH CENTERS HAS ATTAINED SUSTAINED COMPLIANCE WITH THE PERFORMANCE STANDARD; TO PROVIDE THAT NO RULES, REGULATIONS, OPERATIONAL STANDARDS, PERFORMANCE STANDARDS, OR OTHER STANDARDS PROMULGATED BY THE STATE BOARD OF MENTAL HEALTH OR THE STATE DEPARTMENT OF MENTAL HEALTH SHALL BE CONSTRUED TO CREATE A CAUSE OF ACTION; TO AMEND SECTION 41-19-33, MISSISSIPPI CODE OF 1972, TO SET CERTAIN REQUIREMENTS OF REGIONAL COMMISSIONS ESTABLISHING COMMUNITY MENTAL HEALTH CENTERS; TO REQUIRE COMMUNITY MENTAL HEALTH CENTERS TO PROVIDE A REPORT TO THE BOARD OF SUPERVISORS OF EACH COUNTY IN ITS REGION; TO REQUIRE COMMUNITY MENTAL HEALTH CENTERS TO PROVIDE CERTAIN MENTAL HEALTH SERVICES; TO ESTABLISH PROCEDURES RELATED TO PRE-AFFIDAVIT SCREENINGS FOR CIVIL COMMITMENTS; TO SET CERTAIN REPORTING REQUIREMENTS OF COMMUNITY MENTAL HEALTH CENTERS TO THE DEPARTMENT OF MENTAL HEALTH, INCLUDING SALARY DATA AND CASH BALANCES; TO PROVIDE THAT THE DEPARTMENT MAY DIRECT CONTROL OF THE COMMUNITY MENTAL HEALTH CENTER'S EXCESS CASH BALANCE IN CERTAIN CIRCUMSTANCES WHERE THE AUTHORITY IS NOT IN COMPLIANCE; TO AMEND SECTION 41-21-65, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT AN INTERESTED PERSON SHALL BE DIRECTED TO THE COMMUNITY MENTAL HEALTH CENTER FOR A PRE-AFFIDAVIT SCREENING PRIOR TO FILING AN AFFIDAVIT FOR COMMITMENT OF AN INDIVIDUAL; TO REQUIRE AN AFFIDAVIT FOR COMMITMENT OF AN INDIVIDUAL TO STATE THAT LESS RESTRICTIVE ALTERNATIVE TREATMENT WAS CONSIDERED AND SPECIFY WHY TREATMENT LESS RESTRICTIVE THAN INVOLUNTARY COMMITMENT IS NOT APPROPRIATE; TO AMEND SECTION 41-21-67, MISSISSIPPI CODE OF 1972, TO ESTABLISH A REQUIRED PRE-AFFIDAVIT SCREENING TO BE CONDUCTED BY THE COMMUNITY MENTAL HEALTH CENTER IN THE COUNTY OF FINANCIAL RESPONSIBILITY; TO REQUIRE THE INVESTIGATION TO INCLUDE CERTAIN COMPONENTS; TO PROVIDE THAT THE SCREENING TEAM SHALL HAVE ACCESS TO ALL RELEVANT MEDICAL RECORDS OF THE PROPOSED PATIENT; TO REQUIRE THE PRE-AFFIDAVIT SCREENER TO PROVIDE WRITTEN NOTICE TO CERTAIN ENTITIES, INCLUDING THE PROPOSED PATIENT; TO AUTHORIZE AN INTERESTED PERSON TO MAKE DIRECT PETITION TO A CHANCELLOR WHERE THE PRE-AFFIDAVIT SCREENER DOES NOT RECOMMEND COMMITMENT; TO PROVIDE THAT A JAIL OR OTHER DETENTION CENTER MAY NOT BE USED FOR CUSTODY UNLESS CERTAIN CONDITIONS ARE MET; TO PROHIBIT LAW ENFORCEMENT OR ANY OTHER PERSON FROM BRINGING CRIMINAL CHARGES AGAINST A PERSON WHO IS MENTALLY ILL AND IN NEED OF TREATMENT PURSUANT TO THIS CHAPTER SOLELY OR PRIMARILY BECAUSE THE PERSON IS MENTALLY ILL OR BECAUSE OF THE UNAVAILABILITY OF A STATE HOSPITAL BED; TO AMEND SECTION 41-21-73, MISSISSIPPI CODE OF 1972, TO LIMIT COMMITMENT IN A STATE-OPERATED FACILITY; TO PROVIDE THAT IF A PERSON IS RECEIVING TREATMENT FOR A MENTAL ILLNESS OR AN INTELLECTUAL DISABILITY IN A TREATMENT FACILITY AT THE TIME OF THE HEARING, THE PERSON MAY NOT BE COMMITTED TO A STATE-OPERATED FACILITY UNLESS CERTAIN FACTS ARE ESTABLISHED BY CLEAR AND CONVINCING EVIDENCE; TO PROHIBIT A PERSON WHO HAS BEEN JUDICIALLY COMMITTED UNDER THIS SECTION FROM BEING HELD IN A JAIL OR OTHER DETENTION FACILITY WHILE AWAITING ADMISSION TO A STATE-OPERATED FACILITY; TO PROVIDE THAT THE COUNTY OF RESIDENCE OF ANY SUCH PERSON SHALL PAY THE COST OF INTERIM TREATMENT; TO AMEND SECTION 41-21-68, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PROVISIONS OF THE ACT; TO AMEND SECTION 41-21-77, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT A JAIL OR DETENTION CENTER MAY NOT BE USED FOR PERSONS WHO ARE AWAITING ADMISSION UNLESS THE COMMUNITY MENTAL HEALTH CENTER HAS EXHAUSTED THE AVAILABILITY OF OTHER APPROPRIATE FACILITIES, THE CHANCELLOR SPECIFICALLY AUTHORIZES IT, AND THE RESPONDENT IS ACTIVELY VIOLENT; TO AMEND SECTION 27-104-7, MISSISSIPPI CODE OF 1972, TO SECTION 41-21-68, MISSISSIPPI CODE OF 1972, WHICH ALLOWS REGIONAL MENTAL HEALTH COMMISSIONS TO ESTABLISH REGIONAL HOLDING FACILITIES FOR THOSE HELD BY CIVIL COMMITMENT; TO AMEND SECTION 27-104-7, MISSISSIPPI CODE OF 1972, TO EXEMPT FROM THE PUBLIC PROCUREMENT REVIEW BOARD ANY PERSONAL OR PROFESSIONAL SERVICES CONTRACT ENTERED INTO BY THE MISSISSIPPI DEPARTMENT OF MENTAL HEALTH IN CONTRACTING FOR STAFF OF COMMUNITY MENTAL HEALTH CENTERS THAT IT IS REPLACING IN ACCORDANCE WITH THIS ACT; TO REQUIRE PEER AND THE DEPARTMENT OF MENTAL HEALTH TO REPORT CERTAIN INFORMATION TO THE LEGISLATURE EACH YEAR; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-4-7, Mississippi Code of 1972, is amended as follows:
41-4-7. The State Board of Mental Health shall have the following powers and duties:
(a) To appoint a full-time Executive Director of the Department of Mental Health, who shall be employed by the board and shall serve as executive secretary to the board. The first director shall be a duly licensed physician with special interest and competence in psychiatry, and shall possess a minimum of three (3) years' experience in clinical and administrative psychiatry. Subsequent directors shall possess at least a master's degree or its equivalent, and shall possess at least ten (10) years' administrative experience in the field of mental health. The salary of the executive director shall be determined by the board;
(b) To appoint a Medical Director for the Department of Mental Health. The medical director shall provide clinical oversight in the implementation of evidence-based and best practices; provide clinical leadership in the integration of mental health, intellectual disability and addiction services with community partners in the public and private sectors; and provide oversight regarding standards of care. The medical director shall serve at the will and pleasure of the board, and will undergo an annual review of job performance and future service to the department;
(c) To establish and implement its state strategic plan;
(d) To develop a strategic plan for the development of services for persons with mental illness, persons with developmental disabilities and other clients of the public mental health system. Such strategic planning program shall require that the board, acting through the Strategic Planning and Best Practices Committee, perform the following functions respecting the delivery of services:
(i) Establish measures for determining the efficiency and effectiveness of the services specified in Section 41-4-1(2);
(ii) Conducting studies of community-based care in other jurisdictions to determine which services offered in these jurisdictions have the potential to provide the citizens of Mississippi with more effective and efficient community-based care;
(iii) Evaluating the efficiency and effectiveness of the services specified in Section 41-4-1(2);
(iv) Recommending to the Legislature by January 1, 2014, any necessary additions, deletions or other changes necessary to the services specified in Section 41-4-1(2);
(v) Implementing by July 1, 2012, a system of performance measures for the services specified in Section 41-4-1(2);
(vi) Recommending to the Legislature any changes that the department believes are necessary to the current laws addressing civil commitment;
(vii) Conducting any other activities necessary to the evaluation and study of the services specified in Section 41-4-1(2);
(viii) Assisting in conducting all necessary strategic planning for the delivery of all other services of the department. Such planning shall be conducted so as to produce a single strategic plan for the services delivered by the public mental health system and shall establish appropriate mission statements, goals, objectives and performance indicators for all programs and services of the public mental health system. For services other than those specified in Section 41-4-1(2), the committee shall recommend to the State Board of Mental Health a strategic plan that the board may adopt or modify;
(e) To set up state plans for the purpose of controlling and treating any and all forms of mental and emotional illness, alcoholism, drug misuse and developmental disabilities;
(f) [Repealed]
(g) To enter into contracts with any other state or federal agency, or with any private person, organization or group capable of contracting, if it finds such action to be in the public interest;
(h) To collect reasonable fees for its services; however, if it is determined that a person receiving services is unable to pay the total fee, the department shall collect no more than the amount such person is able to pay;
(i) To certify, coordinate and establish minimum standards and establish minimum required services, as specified in Section 41-4-1(2), for regional mental health and intellectual disability commissions and other community service providers for community or regional programs and services in adult mental health, children and youth mental health, intellectual disabilities, alcoholism, drug misuse, developmental disabilities, compulsive gambling, addictive disorders and related programs throughout the state. Such regional mental health and intellectual disability commissions and other community service providers shall, on or before July 1 of each year, submit an annual operational plan to the State Department of Mental Health for approval or disapproval based on the minimum standards and minimum required services established by the department for certification and itemize the services specified in Section 41-4-1(2), including financial statements. As part of the annual operation plan required by this paragraph (i) submitted by any regional community mental health center or by any other reasonable certification deemed acceptable by the department, the community mental health center shall state those services specified in Section 41-4-1(2) that it will provide and also those services that it will not provide. If the department finds deficiencies in the plan of any regional commission or community service provider based on the minimum standards and minimum required services established for certification, the department shall give the regional commission or community service provider a six-month probationary period to bring its standards and services up to the established minimum standards and minimum required services. The regional commission or community service provider shall develop a sustainability business plan within thirty (30) days of being placed on probation, which shall be signed by all commissioners and shall include policies to address one or more of the following: the deficiencies in programmatic services, clinical service staff expectations, timely and appropriate billing, processes to obtain credentialing for staff, monthly reporting processes, third-party financial reporting and any other required documentation as determined by the department. After the six-month probationary period, if the department determines that the regional commission or community service provider still does not meet the minimum standards and minimum required services established for certification, the department may remove the certification of the commission or provider and from and after July 1, 2011, the commission or provider shall be ineligible for state funds from Medicaid reimbursement or other funding sources for those services. However, the department shall not mandate a standard or service, or decertify a regional commission or community service provider for not meeting a standard or service, if the standard or service does not have funding appropriated by the Legislature or have a state, federal or local funding source identified by the department. No county shall be required to levy millage to provide a mandated standard or service above the minimum rate required by Section 41-19-39. After the six-month probationary period, the department may identify an appropriate community service provider to provide any core services in that county that are not provided by a community mental health center. However, the department shall not offer reimbursement or other accommodations to a community service provider of core services that were not offered to the decertified community mental health center for the same or similar services. The State Board of Mental Health shall promulgate rules and regulations necessary to implement the provisions of this paragraph (i), in accordance with the Administrative Procedures Law (Section 25-43-1.101 et seq.);
(j) To establish and promulgate reasonable minimum standards for the construction and operation of state and all Department of Mental Health certified facilities, including reasonable minimum standards for the admission, diagnosis, care, treatment, transfer of patients and their records, and also including reasonable minimum standards for providing day care, outpatient care, emergency care, inpatient care and follow-up care, when such care is provided for persons with mental or emotional illness, an intellectual disability, alcoholism, drug misuse and developmental disabilities;
(k) To implement best practices for all services specified in Section 41-4-1(2), and to establish and implement all other services delivered by the Department of Mental Health. To carry out this responsibility, the board shall require the department to establish a division responsible for developing best practices based on a comprehensive analysis of the mental health environment to determine what the best practices for each service are. In developing best practices, the board shall consider the cost and benefits associated with each practice with a goal of implementing only those practices that are cost-effective practices for service delivery. Such best practices shall be utilized by the board in establishing performance standards and evaluations of the community mental health centers' services required by paragraph (d) of this section;
(l) To assist community or regional programs consistent with the purposes of this chapter by making grants and contracts from available funds;
(m) To establish and collect reasonable fees for necessary inspection services incidental to certification or compliance;
(n) To accept gifts, trusts, bequests, grants, endowments or transfers of property of any kind;
(o) To receive monies coming to it by way of fees for services or by appropriations;
(p) To serve as the single state agency in receiving and administering any and all funds available from any source for the purpose of service delivery, training, research and education in regard to all forms of mental illness, intellectual disabilities, alcoholism, drug misuse and developmental disabilities, unless such funds are specifically designated to a particular agency or institution by the federal government, the Mississippi Legislature or any other grantor;
(q) To establish mental health holding centers for the purpose of providing short-term emergency mental health treatment, places for holding persons awaiting commitment proceedings or awaiting placement in a state mental health facility following commitment, and for diverting placement in a state mental health facility. These mental health holding facilities shall be readily accessible, available statewide, and be in compliance with emergency services' minimum standards. They shall be comprehensive and available to triage and make appropriate clinical disposition, including the capability to access inpatient services or less restrictive alternatives, as needed, as determined by medical staff. Such facility shall have medical, nursing and behavioral services available on a twenty-four-hour-a-day basis. The board may provide for all or part of the costs of establishing and operating the holding centers in each district from such funds as may be appropriated to the board for such use, and may participate in any plan or agreement with any public or private entity under which the entity will provide all or part of the costs of establishing and operating a holding center in any district;
(r) To certify/license case managers, mental health therapists, intellectual disability therapists, mental health/intellectual disability program administrators, addiction counselors and others as deemed appropriate by the board. Persons already professionally licensed by another state board or agency are not required to be certified/licensed under this section by the Department of Mental Health. The department shall not use professional titles in its certification/licensure process for which there is an independent licensing procedure. Such certification/licensure shall be valid only in the state mental health system, in programs funded and/or certified by the Department of Mental Health, and/or in programs certified/licensed by the State Department of Health that are operated by the state mental health system serving persons with mental illness, an intellectual disability, a developmental disability or addictions, and shall not be transferable;
(s) To develop formal mental health worker qualifications for regional mental health and intellectual disability commissions and other community service providers. The State Personnel Board shall develop and promulgate a recommended salary scale and career ladder for all regional mental health/intellectual disability center therapists and case managers who work directly with clients. The State Personnel Board shall also develop and promulgate a career ladder for all direct care workers employed by the State Department of Mental Health;
(t) The employees of the department shall be governed by personnel merit system rules and regulations, the same as other employees in state services;
(u) To establish such rules and regulations as may be necessary in carrying out the provisions of this chapter, including the establishment of a formal grievance procedure to investigate and attempt to resolve consumer complaints;
(v) To grant easements for roads, utilities and any other purpose it finds to be in the public interest;
(w) To survey statutory designations, building markers and the names given to mental health/intellectual disability facilities and proceedings in order to recommend deletion of obsolete and offensive terminology relative to the mental health/intellectual disability system. Based upon a recommendation of the executive director, the board shall have the authority to name/rename any facility operated under the auspices of the Department of Mental Health for the sole purpose of deleting such terminology;
(x) To ensure an effective case management system directed at persons who have been discharged from state and private psychiatric hospitals to ensure their continued well-being in the community;
(y) To develop formal service delivery standards designed to measure the quality of services delivered to community clients, as well as the timeliness of services to community clients provided by regional mental health/intellectual disability commissions and other community services providers;
(z) To establish regional state offices to provide mental health crisis intervention centers and services available throughout the state to be utilized on a case-by-case emergency basis. The regional services director, other staff and delivery systems shall meet the minimum standards of the Department of Mental Health;
(aa) To require performance contracts with community mental health/intellectual disability service providers to contain performance indicators to measure successful outcomes, including diversion of persons from inpatient psychiatric hospitals, rapid/timely response to emergency cases, client satisfaction with services and other relevant performance measures;
(bb) To enter into interagency agreements with other state agencies, school districts and other local entities as determined necessary by the department to ensure that local mental health service entities are fulfilling their responsibilities to the overall state plan for behavioral services;
(cc) To establish and maintain a toll-free grievance reporting telephone system for the receipt and referral for investigation of all complaints by clients of state and community mental health/intellectual disability facilities;
(dd) To establish a peer review/quality assurance evaluation system that assures that appropriate assessment, diagnosis and treatment is provided according to established professional criteria and guidelines;
(ee) To develop and implement state plans for the purpose of assisting with the care and treatment of persons with Alzheimer's disease and other dementia. This plan shall include education and training of service providers, caregivers in the home setting and others who deal with persons with Alzheimer's disease and other dementia, and development of adult day care, family respite care and counseling programs to assist families who maintain persons with Alzheimer's disease and other dementia in the home setting. No agency shall be required to provide any services under this section until such time as sufficient funds have been appropriated or otherwise made available by the Legislature specifically for the purposes of the treatment of persons with Alzheimer's and other dementia;
(ff) Working with the advice and consent of the administration of Ellisville State School, to enter into negotiations with the Economic Development Authority of Jones County for the purpose of negotiating the possible exchange, lease or sale of lands owned by Ellisville State School to the Economic Development Authority of Jones County. It is the intent of the Mississippi Legislature that such negotiations shall ensure that the financial interest of the persons with an intellectual disability served by Ellisville State School will be held paramount in the course of these negotiations. The Legislature also recognizes the importance of economic development to the citizens of the State of Mississippi and Jones County, and encourages fairness to the Economic Development Authority of Jones County. Any negotiations proposed which would result in the recommendation for exchange, lease or sale of lands owned by Ellisville State School must have the approval of the State Board of Mental Health. The State Board of Mental Health may and has the final authority as to whether or not these negotiations result in the exchange, lease or sale of the properties it currently holds in trust for persons with an intellectual disability served at Ellisville State School.
If the State Board of Mental Health authorizes the sale of lands owned by Ellisville State School, as provided for under this paragraph (ff), the monies derived from the sale shall be placed into a special fund that is created in the State Treasury to be known as the "Ellisville State School Client's Trust Fund." The principal of the trust fund shall remain inviolate and shall never be expended. Any interest earned on the principal may be expended solely for the benefits of clients served at Ellisville State School. The State Treasurer shall invest the monies of the trust fund in any of the investments authorized for the Mississippi Prepaid Affordable College Tuition Program under Section 37-155-9, and those investments shall be subject to the limitations prescribed by Section 37-155-9. Unexpended amounts remaining in the trust fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the trust fund shall be deposited to the credit of the trust fund. The administration of Ellisville State School may use any interest earned on the principal of the trust fund, upon appropriation by the Legislature, as needed for services or facilities by the clients of Ellisville State School. Ellisville State School shall make known to the Legislature, through the Legislative Budget Committee and the respective Appropriations Committees of the House and Senate, its proposed use of interest earned on the principal of the trust fund for any fiscal year in which it proposes to make expenditures thereof. The State Treasurer shall provide Ellisville State School with an annual report on the Ellisville State School Client's Trust Fund to indicate the total monies in the trust fund, interest earned during the year, expenses paid from the trust fund and such other related information.
Nothing in this section shall be construed as applying to or affecting mental health/intellectual disability services provided by hospitals as defined in Section 41-9-3(a), and/or their subsidiaries and divisions, which hospitals, subsidiaries and divisions are licensed and regulated by the Mississippi State Department of Health unless such hospitals, subsidiaries or divisions voluntarily request certification by the Mississippi State Department of Mental Health.
All new programs authorized under this section shall be subject to the availability of funds appropriated therefor by the Legislature;
(gg) Working with the advice and consent of the administration of Boswell Regional Center, to enter into negotiations with the Economic Development Authority of Simpson County for the purpose of negotiating the possible exchange, lease or sale of lands owned by Boswell Regional Center to the Economic Development Authority of Simpson County. It is the intent of the Mississippi Legislature that such negotiations shall ensure that the financial interest of the persons with an intellectual disability served by Boswell Regional Center will be held paramount in the course of these negotiations. The Legislature also recognizes the importance of economic development to the citizens of the State of Mississippi and Simpson County, and encourages fairness to the Economic Development Authority of Simpson County. Any negotiations proposed which would result in the recommendation for exchange, lease or sale of lands owned by Boswell Regional Center must have the approval of the State Board of Mental Health. The State Board of Mental Health may and has the final authority as to whether or not these negotiations result in the exchange, lease or sale of the properties it currently holds in trust for persons with an intellectual disability served at Boswell Regional Center. In any such exchange, lease or sale of such lands owned by Boswell Regional Center, title to all minerals, oil and gas on such lands shall be reserved, together with the right of ingress and egress to remove same, whether such provisions be included in the terms of any such exchange, lease or sale or not.
If the State Board of Mental Health authorizes the sale of lands owned by Boswell Regional Center, as provided for under this paragraph (gg), the monies derived from the sale shall be placed into a special fund that is created in the State Treasury to be known as the "Boswell Regional Center Client's Trust Fund." The principal of the trust fund shall remain inviolate and shall never be expended. Any earnings on the principal may be expended solely for the benefits of clients served at Boswell Regional Center. The State Treasurer shall invest the monies of the trust fund in any of the investments authorized for the Mississippi Prepaid Affordable College Tuition Program under Section 37-155-9, and those investments shall be subject to the limitations prescribed by Section 37-155-9. Unexpended amounts remaining in the trust fund at the end of a fiscal year shall not lapse into the State General Fund, and any earnings on amounts in the trust fund shall be deposited to the credit of the trust fund. The administration of Boswell Regional Center may use any earnings on the principal of the trust fund, upon appropriation by the Legislature, as needed for services or facilities by the clients of Boswell Regional Center. Boswell Regional Center shall make known to the Legislature, through the Legislative Budget Committee and the respective Appropriations Committees of the House and Senate, its proposed use of the earnings on the principal of the trust fund for any fiscal year in which it proposes to make expenditures thereof. The State Treasurer shall provide Boswell Regional Center with an annual report on the Boswell Regional Center Client's Trust Fund to indicate the total monies in the trust fund, interest and other income earned during the year, expenses paid from the trust fund and such other related information.
Nothing in this section shall be construed as applying to or affecting mental health/intellectual disability services provided by hospitals as defined in Section 41-9-3(a), and/or their subsidiaries and divisions, which hospitals, subsidiaries and divisions are licensed and regulated by the Mississippi State Department of Health unless such hospitals, subsidiaries or divisions voluntarily request certification by the Mississippi State Department of Mental Health.
All new programs authorized under this section shall be subject to the availability of funds appropriated therefor by the Legislature;
(hh) Notwithstanding any other section of the code, the Board of Mental Health shall be authorized to fingerprint and perform a criminal history record check on every employee or volunteer. Every employee and volunteer shall provide a valid current social security number and/or driver's license number which shall be furnished to conduct the criminal history record check. If no disqualifying record is identified at the state level, fingerprints shall be forwarded to the Federal Bureau of Investigation for a national criminal history record check;
(ii) The Department of Mental Health shall have the authority for the development of a consumer friendly single point of intake and referral system within its service areas for persons with mental illness, an intellectual disability, developmental disabilities or alcohol or substance abuse who need assistance identifying or accessing appropriate services. The department will develop and implement a comprehensive evaluation procedure ensuring that, where appropriate, the affected person or their parent or legal guardian will be involved in the assessment and planning process. The department, as the point of intake and as service provider, shall have the authority to determine the appropriate institutional, hospital or community care setting for persons who have been diagnosed with mental illness, an intellectual disability, developmental disabilities and/or alcohol or substance abuse, and may provide for the least restrictive placement if the treating professional believes such a setting is appropriate, if the person affected or their parent or legal guardian wants such services, and if the department can do so with a reasonable modification of the program without creating a fundamental alteration of the program. The least restrictive setting could be an institution, hospital or community setting, based upon the needs of the affected person or their parent or legal guardian;
(jj) To have the sole power and discretion to enter into, sign, execute and deliver long-term or multiyear leases of real and personal property owned by the Department of Mental Health to and from other state and federal agencies and private entities deemed to be in the public's best interest. Any monies derived from such leases shall be deposited into the funds of the Department of Mental Health for its exclusive use. Leases to private entities shall be approved by the Department of Finance and Administration and all leases shall be filed with the Secretary of State;
(kk) To certify and establish
minimum standards and minimum required services for county facilities used for housing,
feeding and providing medical treatment for any person who has been involuntarily
ordered admitted to a treatment center by a court of competent jurisdiction. The
minimum standard for the initial assessment of those persons being housed in county
facilities is for the assessment to be performed by a physician, preferably a psychiatrist,
or by a nurse practitioner, preferably a psychiatric nurse practitioner. If the
department finds deficiencies in any such county facility or its provider based
on the minimum standards and minimum required services established for certification,
the department shall give the county or its provider a six-month probationary period
to bring its standards and services up to the established minimum standards and
minimum required services. After the six-month probationary period, if the department
determines that the county or its provider still does not meet the minimum standards
and minimum required services, the department may remove the certification of the
county or provider and require the county to contract with another county having
a certified facility to hold those persons for that period of time pending transportation
and admission to a state treatment facility. Any cost incurred by a county receiving
an involuntarily committed person from a county with a decertified holding facility
shall be reimbursed by the home county to the receiving county; * * *
(ll) To provide orientation
training to all new commissioners of regional commissions and annual training for
all commissioners with continuing education regarding the Mississippi mental health
system and services as developed by the State Department of Mental Health. Training
shall be provided at the expense of the department except for travel expenses which
shall be paid by the regional commission * * *;
(mm) To assess the performance of the community mental health centers, the State Department of Mental Health shall promulgate a rating scale with performance indicators and a scorecard. The performance standards shall identify the data that the community mental health centers must provide to the department to enable the department to assess their performance. The department shall conduct a performance review audit of each community mental health center at least once every two (2) years. If the community mental health center does not achieve a passing score on a performance audit, the department shall give the regional commission or community mental health center a six-month probationary period to achieve a passing score. If the community mental health center does not achieve a passing score on the performance audit after the six-month probationary period, the regional commission shall replace the community mental health center's executive director and any other officers identified by the department with contractors selected by the department to operate the community mental health center. The department shall be the party that contracts with the contractors and the contractors shall report to the department. The department has the authority to override a regional commission, community mental health center, or both, concerning the management and operation of such community mental health center or initiate and make decisions concerning the management and operation of the community mental health center.
The contractor(s) selected by the department shall have the full powers and authority possessed by the officer he or she replaces. The contractor(s) shall remain in place until the department determines in its reasonable judgment that the community mental health center has attained sustained compliance with the performance standards; and
SECTION 2. Section 41-19-33, Mississippi Code of 1972, is amended as follows:
41-19-33. (1) Each region so designated or established under Section 41-19-31 shall establish a regional commission to be composed of members appointed by the boards of supervisors of the various counties in the region. Each regional commission shall employ or contract with an accountant for the purpose of managing the finances of the commission. The accountant shall provide an annual audit to the commission in addition to his or her other duties. It shall be the duty of such regional commission to administer mental health/intellectual disability programs certified and required by the State Board of Mental Health and as specified in Section 41-4-1(2). In addition, once designated and established as provided hereinabove, a regional commission shall have the following authority and shall pursue and promote the following general purposes:
(a) To establish, own,
lease, acquire, construct, build, operate and maintain mental illness, mental health,
intellectual disability, alcoholism and general rehabilitative facilities and services
designed to serve the needs of the people of the region so designated, provided
that the services supplied by the regional commissions shall include those services
determined by the Department of Mental Health to be necessary and may include, in
addition to the above, services for persons with developmental and learning disabilities;
for persons suffering from narcotic addiction and problems of drug abuse and drug
dependence; and for the aging as designated and certified by the Department of Mental
Health. Such regional mental health and intellectual disability commissions and
other community service providers shall, on or before July 1 of each year, submit
an annual operational plan to the Department of Mental Health for approval or disapproval
based on the minimum standards and minimum required services established by the
department for certification and itemize the services as specified in Section 41-4-1(2),
including financial statements. * * *
(b) (i) Each regional commission shall establish a community mental health center to provide mental health services in its region. The regional commissions may establish a community mental health center that did not exist as of July 1, 2024, only with the express written permission of the State Board of Mental Health or the Department of Mental Health.
(ii) At a meeting of the board of supervisors each quarter, the community mental health center shall provide a report to the board of supervisors, sheriff and Chancery Court judges of each county in its region. The report shall include the following information for the prior month:
1. The occupancy percentage reported by the crisis stabilization unit;
2. The number of individuals held in jail after the commitment process has been initiated and the number of individuals who the community mental health center provided treatment to while they were in jail, as required by Section 41-21-67(5).
3. The number of pre-affidavit screenings conducted;
4. The number of individuals diverted to a lesser restrictive alternative from commitment;
5. The number of crisis stabilization unit denials and the reason for denial;
6. Medicaid billing statement; and
7. Cash balance as of the date of the report.
(c) If the Department
of Mental Health finds deficiencies in the * * * performance audit required by Section
41-4-7(i) based on the minimum standards and minimum required services established
for certification, the department shall give the regional commission, community
mental health center or community service provider a six-month probationary
period to bring its standards and services up to the established minimum standards
and minimum required services. The regional commission or community service provider
shall develop a sustainability business plan within thirty (30) days of being placed
on probation, which shall be signed by all commissioners and shall include policies
to address one or more of the following: the deficiencies in programmatic services,
clinical service staff expectations, timely and appropriate billing, processes to
obtain credentialing for staff, monthly reporting processes, third-party financial
reporting and any other required documentation as determined by the department.
After the six-month probationary period, if the department determines that the regional
commission or community service provider still does not meet the minimum standards
and minimum required services established for certification, the department may
remove the certification of the commission or provider, and from and after July
1, 2011, the commission or provider shall be ineligible for state funds from Medicaid
reimbursement or other funding sources for those services. After the six-month
probationary period, the Department of Mental Health may identify an appropriate
community service provider to provide any * * * mental
health services in * * * the region or county that
are not provided by a community mental health center. However, the department
shall not offer reimbursement or other accommodations to a community service provider
of * * * mental health services that were not
offered to the decertified community mental health center for the same or
similar services.
( * * *d) To provide facilities and services for
the prevention of mental illness, mental disorders, developmental and learning disabilities,
alcoholism, narcotic addiction, drug abuse, drug dependence and other related handicaps
or problems (including the problems of the aging) among the people of the region
so designated, and for the rehabilitation of persons suffering from such illnesses,
disorders, handicaps or problems as designated and certified by the Department of
Mental Health.
( * * *e) To promote increased understanding of
the problems of mental illness, intellectual disabilities, alcoholism, developmental
and learning disabilities, narcotic addiction, drug abuse and drug dependence and
other related problems (including the problems of the aging) by the people of the
region, and also to promote increased understanding of the purposes and methods
of the rehabilitation of persons suffering from such illnesses, disorders, handicaps
or problems as designated and certified by the Department of Mental Health.
( * * *f) To enter into contracts and to make
such other arrangements as may be necessary, from time to time, with the United
States government, the government of the State of Mississippi and such other agencies
or governmental bodies as may be approved by and acceptable to the regional commission
for the purpose of establishing, funding, constructing, operating and maintaining
facilities and services for the care, treatment and rehabilitation of persons suffering
from mental illness, an intellectual disability, alcoholism, developmental and learning
disabilities, narcotic addiction, drug abuse, drug dependence and other illnesses,
disorders, handicaps and problems (including the problems of the aging) as designated
and certified by the Department of Mental Health.
( * * *g) To enter into contracts and make such
other arrangements as may be necessary with any and all private businesses, corporations,
partnerships, proprietorships or other private agencies, whether organized for profit
or otherwise, as may be approved by and acceptable to the regional commission for
the purpose of establishing, funding, constructing, operating and maintaining facilities
and services for the care, treatment and rehabilitation of persons suffering from
mental illness, an intellectual disability, alcoholism, developmental and learning
disabilities, narcotic addiction, drug abuse, drug dependence and other illnesses,
disorders, handicaps and problems (including the problems of the aging) relating
to minimum services established by the Department of Mental Health.
( * * *h) To promote the general mental health
of the people of the region.
( * * *i) To pay the administrative costs of the
operation of the regional commissions, including per diem for the members of the
commission and its employees, attorney's fees, if and when such are required in
the opinion of the commission, and such other expenses of the commission as may
be necessary. The Department of Mental Health standards and audit rules shall determine
what administrative cost figures shall consist of for the purposes of this paragraph.
Each regional commission shall submit a cost report annually to the Department
of Mental Health in accordance with guidelines promulgated by the department.
( * * *j) To employ and compensate any personnel
that may be necessary to effectively carry out the programs and services established
under the provisions of the aforesaid act, provided such person meets the standards
established by the State Board of Mental Health or the Department of Mental
Health.
( * * *k) To acquire whatever hazard, casualty
or workers' compensation insurance that may be necessary for any property, real
or personal, owned, leased or rented by the commissions, or any employees or personnel
hired by the commissions.
( * * *l) To acquire professional liability insurance
on all employees as may be deemed necessary and proper by the commission, and to
pay, out of the funds of the commission, all premiums due and payable on account
thereof.
( * * *m) To provide and finance within their
own facilities, or through agreements or contracts with other local, state or federal
agencies or institutions, nonprofit corporations, or political subdivisions or representatives
thereof, programs and services for persons with mental illness, including treatment
for alcoholics, and promulgating and administering of programs to combat drug abuse
and programs for services for persons with an intellectual disability.
( * * *n) To borrow money from private lending
institutions in order to promote any of the foregoing purposes. A commission may
pledge collateral, including real estate, to secure the repayment of money borrowed
under the authority of this paragraph. Any such borrowing undertaken by a commission
shall be on terms and conditions that are prudent in the sound judgment of the members
of the commission, and the interest on any such loan shall not exceed the amount
specified in Section 75-17-105. Any money borrowed, debts incurred or other obligations
undertaken by a commission, regardless of whether borrowed, incurred or undertaken
before or after March 15, 1995, shall be valid, binding and enforceable if it or
they are borrowed, incurred or undertaken for any purpose specified in this section
and otherwise conform to the requirements of this paragraph.
( * * *o) To acquire, own and dispose of real
and personal property. Any real and personal property paid for with state and/or
county appropriated funds must have the written approval of the Department of Mental
Health and/or the county board of supervisors, depending on the original source
of funding, before being disposed of under this paragraph.
( * * *p) To enter into managed care contracts
and make such other arrangements as may be deemed necessary or appropriate by the
regional commission in order to participate in any managed care program. Any such
contract or arrangement affecting more than one (1) region must have prior written
approval of the Department of Mental Health before being initiated and annually
thereafter.
( * * *q) To provide facilities and services on
a discounted or capitated basis. Any such action when affecting more than one (1)
region must have prior written approval of the Department of Mental Health before
being initiated and annually thereafter.
( * * *r) To enter into contracts, agreements
or other arrangements with any person, payor, provider or other entity, under which
the regional commission assumes financial risk for the provision or delivery of
any services, when deemed to be necessary or appropriate by the regional commission.
Any action under this paragraph affecting more than one (1) region must have prior
written approval of the Department of Mental Health before being initiated and annually
thereafter.
( * * *s) To provide direct or indirect funding,
grants, financial support and assistance for any health maintenance organization,
preferred provider organization or other managed care entity or contractor, where
such organization, entity or contractor is operated on a nonprofit basis. Any action
under this paragraph affecting more than one (1) region must have prior written
approval of the Department of Mental Health before being initiated and annually
thereafter.
( * * *t) To form, establish, operate, and/or
be a member of or participant in, either individually or with one or more other
regional commissions, any managed care entity as defined in Section 83-41-403(c).
Any action under this paragraph affecting more than one (1) region must have prior
written approval of the Department of Mental Health before being initiated and annually
thereafter.
( * * *u) To meet at least annually with the board
of supervisors of each county in its region for the purpose of presenting its total
annual budget and total mental health/intellectual disability services system.
The commission shall submit an annual report on the adult mental health services,
children mental health services and intellectual disability services required by
the State Board of Mental Health.
( * * *v) To provide alternative living arrangements
for persons with serious mental illness, including, but not limited to, group homes
for persons with chronic mental illness.
( * * *w) To make purchases and enter into contracts
for purchasing in compliance with the public purchasing law, Sections 31-7-12 and
31-7-13, with compliance with the public purchasing law subject to audit by the
State Department of Audit.
( * * *x) To ensure that all available funds are
used for the benefit of persons with mental illness, persons with an intellectual
disability, substance abusers and persons with developmental disabilities with maximum
efficiency and minimum administrative cost. At any time a regional commission,
and/or other related organization whatever it may be, accumulates surplus funds
in excess of one-half (1/2) of its annual operating budget, the entity must submit
a plan to the Department of Mental Health stating the capital improvements or other
projects that require such surplus accumulation. If the required plan is not submitted
within forty-five (45) days of the end of the applicable fiscal year, the Department
of Mental Health shall withhold all state appropriated funds from such regional
commission until such time as the capital improvement plan is submitted. If the
submitted capital improvement plan is not accepted by the department, the surplus
funds shall be expended by the regional commission in the local mental health region
on group homes for persons with mental illness, persons with an intellectual disability,
substance abusers, children or other mental health/intellectual disability services
approved by the Department of Mental Health.
( * * *y) Notwithstanding any other provision
of law, to fingerprint and perform a criminal history record check on every employee
or volunteer. Every employee or volunteer shall provide a valid current social
security number and/or driver's license number that will be furnished to conduct
the criminal history record check. If no disqualifying record is identified at
the state level, fingerprints shall be forwarded to the Federal Bureau of Investigation
for a national criminal history record check.
( * * *z) Notwithstanding any other provisions
of law, each regional commission shall have the authority to create and operate
a primary care health clinic to treat (i) its patients; and (ii) its patients' family
members related within the third degree; and (iii) its patients' household members
or caregivers, subject to the following requirements:
(i) The regional commission may employ and compensate any personnel necessary and must satisfy applicable state and federal laws and regulations regarding the administration and operation of a primary care health clinic.
(ii) A Mississippi licensed physician must be employed or under agreement with the regional commission to provide medical direction and/or to carry out the physician responsibilities as described under applicable state and/or federal law and regulations.
(iii) The physician providing medical direction for the primary care clinic shall not be certified solely in psychiatry.
(iv) A sliding fee scale may be used by the regional commission when no other payer source is identified.
(v) The regional commission must ensure services will be available and accessible promptly and in a manner that preserves human dignity and assures continuity of care.
(vi) The regional commission must provide a semiannual report to the Chairmen of the Public Health Committees in both the House of Representatives and Senate. At a minimum, for each reporting period, these reports shall describe the number of patients provided primary care services, the types of services provided, and the payer source for the patients. Except for patient information and any other information that may be exempt from disclosure under the Health Information Portability and Accountability Act (HIPAA) and the Mississippi Public Records Act, the reports shall be considered public records.
(vii) The regional commission must employ or contract with a core clinical staff that is multidisciplinary and culturally and linguistically competent.
(viii) The regional
commission must ensure that its physician as described in subparagraph (ii) of this
paragraph ( * * *z)
has admitting privileges at one or more local hospitals or has an agreement with
a physician who has admitting privileges at one or more local hospitals to ensure
continuity of care.
(ix) The regional commission must provide an independent financial audit report to the State Department of Mental Health and, except for patient information and any other information that may be exempt from disclosure under HIPAA and the Mississippi Public Records Act, the audit report shall be considered a public record.
For the purposes of this paragraph
( * * *z),
the term "caregiver" means an individual who has the principal and primary
responsibility for caring for a child or dependent adult, especially in the home
setting.
( * * *aa) In general to take any action which
will promote, either directly or indirectly, any and all of the foregoing purposes.
( * * *bb) All regional commissioners shall receive
new orientation training and annual training with continuing education regarding
the Mississippi mental health system and services as developed by the State Department
of Mental Health. Training shall be provided at the expense of the department except
for travel expenses which shall be paid by the regional commission.
(2) The types of services established by the State Department of Mental Health that must be provided by the regional mental health/intellectual disability centers for certification by the department, and the minimum levels and standards for those services established by the department, shall be provided by the regional mental health/intellectual disability centers to children when such services are appropriate for children, in the determination of the department.
(3) Each regional commission shall compile quarterly financial statements and status reports from each individual community health center. The compiled reports shall be submitted to the coordinator quarterly. The reports shall contain a:
(a) Balance sheet;
(b) Statement of operations;
(c) Statement of cash flows; and
(d) Description of the status of individual community health center's actions taken to increase access to and availability of community mental health services.
(4) Each community mental health center shall be the entity in its region responsible for delivering mental health services. Each community mental health center shall deliver mental health services in accordance with the rules, regulations, operational standards, performance standards and other standards promulgated by the State Board of Mental Health or the Department of Mental Health.
(a) During the pre-affidavit screening process of persons in its region, the community mental health center shall determine, in accordance with the standards promulgated by the State Board of Mental Health or the State Department of Mental Health, whether the person meets the criteria for the intensive community services available in its region and shall make those services available to the persons as appropriate under the standards promulgated by the department. During the pre-affidavit screening process, the community mental health center shall consider all persons who are civilly committed in its region for treatment in a crisis stabilization unit to attempt to divert the person from placement in a state hospital. The community mental health center shall provide temporary care and maintenance, as specified in Section 19-5-43, to persons during the civil commitment process.
(b) Prior to a person's discharge from a state hospital, staff of the community mental health center that will be serving the person upon discharge shall meet with the person, either in person or via videoconference, to conduct assertive engagement and enroll the person in appropriate services.
(5) On or before July 1 of each year, each community mental health center shall report the annual salary and fringe benefits of its executive director and any other officer with an annual salary of more than One Hundred Thousand Dollars ($100,000.00) to the State Department of Mental Health. As of July 1, 2024, no community mental health center's executive director shall be paid an annual salary greater than one hundred twenty percent (120%) of the salary received by the Executive Director of the Department of Mental Health.
(6) On or before August 1 of each year, each community mental health center shall report its cash balance as of the preceding June 30 to the State Department of Mental Health and shall include in its annual operational plan a detailed proposal for how it intends to utilize its excess cash balance in the fiscal year commencing on the applicable July 1 of each year. The proposal shall describe how the community mental health center will utilize its cash balance to provide treatment to individuals with a serious mental illness, a serious emotional disturbance, a substance-use disorder or an intellectual or developmental disability. If after six (6) months, the community mental health center is not on course to meet its expenditure goal, the department shall give the regional commission or community mental health center a six-week probationary period to come into compliance with its expenditure goal. If the community mental health center does not come into compliance with its expenditure proposal after the six-week probationary period, the department may direct control of the community mental health center's excess cash balance to implement the expenditures toward providing community mental health services. The department shall remain in control of the community mental health center's cash balance until it determines in reasonable judgement that the community mental health center has attained sustained compliance with its expenditure plan. For the purposes of this subsection, the term "cash balance" means the amount of cash or cash equivalents that a community mental health center has in its account(s) in any bank or other financial institution of any kind or on hand as of June 30 of the applicable year. For the purpose of this subsection, the term "excess cash" means the cash balance exceeding fifty percent (50%) of operating revenue for the related year cash is being reported. No community mental health center shall expend more than fifty percent (50%) of its excess cash balance in any fiscal year without the express written permission of the department. To the fullest extent reasonably feasible, each community mental health center shall utilize its cash balance to provide community mental health services.
SECTION 3. Section 41-21-65, Mississippi Code of 1972, is amended as follows:
41-21-65. (1) It is the intention of the Legislature that the filing of an affidavit under this section be a simple, inexpensive, uniform, and streamlined process for the purpose of facilitating and expediting the care of individuals in need of treatment.
(2) The Uniform Civil Commitment Affidavit developed by the Department of Mental Health under this section must be provided by the clerk of the chancery court to any party or affiant seeking a civil commitment under this section, and must be utilized in all counties to commence civil commitment proceedings under this section. The affidavit must be made available to the public on the website of the Mississippi Department of Mental Health.
(3) The Department of Mental Health, in consultation with the Mississippi Chancery Clerks Association, the Mississippi Conference of Chancery Court Judges and the Mississippi Association of Community Mental Health Centers, must develop a written guide setting out the steps in the commitment process no later than January 1, 2020. The guide shall be designated as the "Uniform Civil Commitment Guide" and must include, but not be limited to, the following:
(a) Steps in the civil commitment process from affidavit to commitment, written in easily understandable layman's terms;
(b) A schedule of fees and assessments that will be charged to commence a commitment proceeding under this section;
(c) Eligibility requirements and instructions for filing a pauper's affidavit; and
(d) A statement on the front cover of the guide advising that persons wishing to pursue a civil commitment under this section are not required to retain an attorney for any portion of the commitment process.
(4) Immediately upon availability, but no later than January 1, 2020, the Uniform Civil Commitment Guide must be provided by the clerk of the chancery court to any party or affiant seeking a civil commitment under this section and also must be made available to the public on the website of the Mississippi Department of Mental Health.
(5) If any person is
alleged to be in need of treatment, any relative of the person, or any
interested person, may make affidavit of that fact and shall file the Uniform
Civil Commitment Affidavit with the clerk of the chancery court of the county
in which the person alleged to be in need of treatment resides, but the chancellor
or duly appointed special master may, in his or her discretion, hear the matter
in the county in which the person may be found. Prior to filing an affidavit for commitment of an individual,
the interested person shall be directed to the community mental health center for
a pre-affidavit screening as set forth in Section 41-21-67. Pre-affidavit screening
is mandatory and must be completed before any affidavit for commencement is filed.
The affidavit shall set forth the name and address of the proposed patient's
nearest relatives and whether the proposed patient resides or has visitation
rights with any minor children, if known, and the reasons for the affidavit.
The affidavit must contain factual descriptions of the proposed patient's recent
behavior, including a description of the behavior, where it occurred, and over
what period of time it occurred, if known. The affidavit shall state that less restrictive alternative treatment was
considered and specify why treatment less restrictive than involuntary commitment
is not appropriate. Each factual allegation may be supported by observations
of witnesses and the pre-affidavit certified screener named in the
affidavit. The Department of Mental Health, in consultation with the
Mississippi Chancery Clerks' Association, shall develop a simple, one-page
affidavit form for the use of affiants as provided in this section. The affidavit
also must state whether the affiant has * * * received notice of the pre-affidavit screening from
the community mental health center determining whether the alleged acts by
the proposed respondent warrant civil commitment in lieu of other less-restrictive
treatment options. No chancery clerk shall require an affiant to retain an
attorney for the filing of an affidavit under this section.
(6) The chancery clerk may charge a total filing fee for all services equal to the amount set out in Section 25-7-9(o), and the appropriate state and county assessments as required by law which include, but are not limited to, assessments for the Judicial Operation Fund (Section 25-7-9(3)(b)); the Electronic Court System Fund (Section 25-7-9(3)(a)); the Civil Legal Assistance Fund (Section 25-7-9(1)(k)); the Court Education and Training Fund (Section 37-26-3); State Court Constituent's Fund (Section 37-26-9(4)); and reasonable court reporter's fee. Costs incidental to the court proceedings as set forth in Section 41-21-79 may not be included in the assessments permitted by this subsection. The total of the fees and assessments permitted by this subsection may not exceed One Hundred Fifty Dollars ($150.00).
(7) The prohibition against charging the affiant other fees, expenses, or costs shall not preclude the imposition of monetary criminal penalties under Section 41-21-107 or any other criminal statute, or the imposition by the chancellor or duly appointed special master of monetary penalties for contempt if the affiant is found to have filed an intentionally false affidavit or filed the affidavit in bad faith for a malicious purpose.
(8) Nothing in this section shall be construed so as to conflict with Section 41-21-63.
SECTION 4. Section 41-21-67, Mississippi Code of 1972, is amended as follows:
41-21-67. (1) (a) Prior to filing an affidavit for commitment of an individual, the interested person shall be directed to the community mental health center in the county of financial responsibility or the county where the proposed patient is present for the conduct of a preliminary investigation to determine the need to file an affidavit of involuntary commitment. The pre-affidavit screening must be completed within twenty-four (24) hours of the community mental health center being notified. The community mental health center shall appoint a pre-affidavit certified screener to conduct an investigation. Any physician, psychologist, nurse practitioner or physician assistant conducting a screening or examination shall immediately report back to the community mental health center. Once a community mental health center receives such report, it is responsible for further action.
If the community mental health center is unavailable, any reputable licensed physician, psychologist, nurse practitioner or physician assistant, as allowed in the discretion of the court, may conduct the pre-affidavit screening and examination as set forth in Section 41-21-69. The prospective petitioner may not also serve as the screener. The investigation must include:
(i) An interview with the proposed patient and other individuals who appear to have knowledge of the condition of the proposed patient, if practicable. In-person interviews with the proposed patient are preferred. If the proposed patient is not interviewed, specific reasons why the patient was not interviewed must be documented;
(ii) Identification and investigation of specific alleged conduct which is the basis for application;
(iii) Identification, exploration, and listing of the specific reasons for rejecting or recommending alternatives to involuntary commitment; and
(iv) In the case of a commitment based on mental illness, information listed in paragraph (d) of this subsection for other purposes relevant to treatment.
(b) In conducting the investigation required by this subsection, the screener shall have access to all relevant medical records of proposed patients currently in treatment facilities, state-operated treatment programs, or community-based treatment programs. The interviewer shall inform the proposed patient that any information provided by the proposed patient may be included in the pre-affidavit screening report and may be considered in the commitment proceedings. Data collected pursuant to this paragraph shall be considered private data on individuals. The pre-affidavit screening report is not admissible as evidence except by agreement of counsel or as permitted by the rules of court and is not admissible in any court proceedings unrelated to the commitment proceedings.
(c) The pre-affidavit certified screener shall provide a notice, written in easily understood language, to the proposed patient, the prospective petitioner, the court, and, with the proposed patient's consent, other interested parties. The screener shall ask the patient if the patient wants the notice read and shall read the notice to the patient upon request. The notice must contain information regarding the process, purpose, and legal effects of civil commitment. The notice must inform the proposed patient that:
(i) If an affidavit for involuntary commitment is filed, the patient has certain rights, including the right to a court-appointed attorney, the right to attend hearings, and the right to oppose the proceeding and to present and contest evidence; and
(ii) If the proposed patient is committed to a state-operated program, the patient may be billed for the cost of treatment and the state has a right to make a claim against the patient's estate for this cost.
(d) When the pre-affidavit certified screener recommends commitment, a written report shall be sent to the chancery clerk for the county in which the petition is to be filed. The statement of facts contained in the written report must meet the requirements of Section 41-21-65(5), including a certification that less restrictive alternative treatment was considered and specific enumerated reasons why treatment less restrictive than involuntary commitment is not appropriate.
(e) The pre-affidavit certified screener shall refuse to support the filing of an affidavit if the investigation does not disclose evidence sufficient to support commitment. Notice of the pre-affidavit certified screener's decision shall be provided to the prospective petitioner, the court, any specific individuals identified in the examiner's statement, and to the proposed patient.
(f) If the interested person wishes to proceed with a petition contrary to the recommendation of the pre-affidavit certified screener, application may be made directly to the chancellor or duly appointed special master, who shall determine whether or not to proceed with the petition. Notice of the chancellor's, or duly appointed special master's determination shall be provided to the interested party.
( * * *2) * * * The authority of the chancellor may
be exercised by a duly appointed special master within the chancery district. After
a pre-affidavit screener has attempted to complete the screening, if the person
is actively violent or refuses to participate in the pre-affidavit screening
and the screening cannot be completed, then upon recommendation of the community
mental health center, the affidavit can be filed and a writ issued for a
sheriff to intervene. After completing the pre-affidavit screening required by
subsection (1) of this section, receiving the written report from the pre-affidavit
certified screener, and upon filing of the affidavit provided for in
Section 41-21-65 * * *, the chancery clerk, upon
direction of the chancellor or duly appointed special master of the
court, shall issue a writ directed to the sheriff of the proper county to take
into custody the person alleged to be in need of treatment and to take the
person for * * * mental and physical examination and treatment by
the appropriate community mental health center established under Section 41-19-31.
The community mental health center will be designated as the first point of
entry for * * *
pre-affidavit screening and treatment. * * *
The * * * writ may provide where the person
shall be held before being taken for * * * evaluation
and treatment, which can include any licensed medical facility or crisis stabilization
unit. * * * Reapplication may be made to the chancellor or
duly appointed special master. If a pauper's affidavit is filed by an affiant
who is a guardian or conservator of a person in need of treatment, the court
shall determine if either the affiant or the person in need of treatment is a
pauper and if * * *
the affiant or the person in need of treatment is determined to be a pauper,
the county of the residence of the respondent shall bear the costs of
commitment, unless funds for those purposes are made available by the state.
In any county in which a Crisis Intervention Team has been established under the provisions of Sections 41-21-131 through 41-21-143, the clerk, upon the direction of the chancellor or duly appointed special master, may require that the person be referred to the Crisis Intervention Team for appropriate psychiatric or other medical services before the issuance of the writ.
( * * *3) Upon * * * receiving the written report
from the pre-affidavit screening and a filed affidavit of commitment, the
chancellor or duly appointed special master shall immediately appoint
and summon two (2) reputable, licensed physicians or one (1) reputable,
licensed physician and either one (1) psychologist, nurse practitioner or physician
assistant to conduct a physical and mental examination of the person at a place
to be designated by the clerk * * *, chancellor or duly appointed
special master and to report their findings to the clerk * * *, chancellor or duly appointed
special master. However, if the pre-affidavit screening recommends
against commitment, the chancellor or duly appointed special master may refuse
to appoint two (2) physicians to conduct a physical and mental examination.
However, any nurse practitioner or physician assistant conducting the
examination shall be independent from, and not under the supervision of, the
other physician conducting the examination. A nurse practitioner or psychiatric
nurse practitioner conducting an examination under this chapter must be
functioning within a collaborative or consultative relationship with a physician
as required under Section 73-15-20(3). In all counties in which there is a county
health officer, the county health officer, if available, may be one (1) of the
physicians so appointed. If a licensed physician is not available to conduct
the physical and mental examination within forty-eight (48) hours of the * * * pre-affidavit screening,
the court, in its discretion and upon good cause shown, may permit the
examination to be conducted by the following: (a) two (2) nurse practitioners,
one (1) of whom must be a psychiatric nurse practitioner; or (b) one (1) psychiatric
nurse practitioner and one (1) psychologist or physician assistant. Neither of
the physicians nor the psychologist, nurse practitioner or physician assistant
selected shall be related to that person in any way, nor have any direct or
indirect interest in the estate of that person nor shall any full-time staff of
residential treatment facilities operated directly by the State Department of
Mental Health serve as examiner.
( * * *4) The clerk shall ascertain whether
the respondent is represented by an attorney, and if it is determined that the
respondent does not have an attorney, the clerk shall immediately notify the
chancellor or duly appointed special master of that fact. If the
chancellor or duly appointed special master determines that the
respondent for any reason does not have the services of an attorney, the chancellor
or duly appointed special master shall immediately appoint an attorney
for the respondent at the time the examiners are appointed.
( * * *5) (a) If the chancellor or
duly appointed special master determines that there is probable cause to
believe that the respondent is mentally ill and that there is no reasonable alternative
to detention, the chancellor or duly appointed special master may order that
the respondent be retained as an emergency patient at any licensed medical
facility, crisis stabilization unit or any other available suitable location
for evaluation by a physician, nurse practitioner or physician assistant and
that a peace officer transport the respondent to the specified facility. If
the community mental health center serving the county has partnered with Crisis
Intervention Teams under the provisions of Sections 41-21-131 through 41-21-143,
the order may specify that the licensed medical facility be a designated single
point of entry within the county or within an adjacent county served by the community
mental health center. If the person evaluating the respondent finds that the
respondent is mentally ill and in need of treatment, the chancellor or duly
appointed special master may order that the respondent be retained at the
licensed medical facility, crisis stabilization unit or any other available
suitable location as the court may so designate pending an admission hearing.
If necessary, the chancellor or duly appointed special master may order
a peace officer or other person to transport the respondent to that facility or
suitable location. Any respondent so retained may be given such treatment as
is indicated by standard medical practice. However, the respondent shall not
be held in a hospital operated directly by the State Department of Mental
Health * * *.
(b) A jail or other detention center may not be used for custody unless:
(i) The community mental health center has explored and exhausted the availability of other appropriate facilities, including local crisis stabilization units and hospitals, and any Department of Mental Health certified location;
(ii) The chancellor or properly-appointed family master specifically authorizes it; and
(iii) The respondent is actively violent.
(c) The community mental health center shall provide documentation of the person's violent behavior and that no other appropriate facilities are available to the chancellor or duly appointed special master. The county of residence of any such person shall pay the cost of such interim treatment. No person may remain in a jail for longer than twenty-four (24) hours under the authority of this paragraph. The responsible community mental health center shall provide treatment during this timeframe pending placement at an appropriate facility.
(d) No law enforcement officer or any other person shall bring criminal charges against a person who is mentally ill and in need of treatment pursuant to this chapter solely or primarily because the person is mentally ill or because of the unavailability of a state hospital bed.
(e) For the purposes of this subsection (5), "actively violent" means that the behavior presents an immediate and serious danger to the safety of the individual or another, the individual has inflicted or attempted to inflict serious bodily harm on another, or has acted in such a way as to create a substantial risk of serious bodily harm to another, or has engaged in extreme destruction of property; and that there is a reasonable probability that this conduct will be repeated.
( * * *6) (a) Whenever a licensed psychologist,
nurse practitioner or physician assistant who is certified to complete examinations
for the purpose of commitment or a licensed physician has reason to believe
that a person poses an immediate substantial likelihood of physical harm to himself
or others or is gravely disabled and unable to care for himself by virtue of mental
illness, as defined in Section 41-21-61(e), then the physician, psychologist, nurse
practitioner or physician assistant may hold the person or may admit the person
to and treat the person in a licensed medical facility, without a civil order
or warrant for a period not to exceed seventy-two (72) hours. However, if the
seventy-two-hour period begins or ends when the chancery clerk's office is closed,
or within three (3) hours of closing, and the chancery clerk's office will be
continuously closed for a time that exceeds seventy-two (72) hours, then the
seventy-two-hour period is extended until the end of the next business day that
the chancery clerk's office is open. The person may be held and treated as an
emergency patient at any licensed medical facility, available regional mental
health facility, or crisis * * * stabilization unit.
The physician or psychologist, nurse practitioner or physician assistant who
holds the person shall certify in writing the reasons for the need for holding.
If a person is being held and treated in a licensed medical facility, and that person decides to continue treatment by voluntarily signing consent for admission and treatment, the seventy-two-hour hold may be discontinued without filing an affidavit for commitment. Any respondent so held may be given such treatment as indicated by standard medical practice. Persons acting in good faith in connection with the detention and reporting of a person believed to be mentally ill shall incur no liability, civil or criminal, for those acts.
(b) Whenever an individual is held for purposes of receiving treatment as prescribed under paragraph (a) of this subsection, and it is communicated to the mental health professional holding the individual that the individual resides or has visitation rights with a minor child, and if the individual is considered to be a danger to the minor child, the mental health professional shall notify the Department of Child Protection Services prior to discharge if the threat of harm continues to exist, as is required under Section 43-21-353.
This paragraph (b) shall be known and may be cited as the "Andrew Lloyd Law."
SECTION 5. Section 41-21-68, Mississippi Code of 1972, is amended as follows:
41-21-68. (1) Regional commissions established under Section 41-19-31 et seq. are authorized to establish regional holding facilities for the treatment and holding of any person eighteen (18) years of age or older being held for the purpose of civil commitment. If a regional commission has not established a regional holding facility in accordance with this section, the regional commission shall otherwise comply with the provisions of this chapter regarding treatment facilities.
(2) For the purpose of establishing regional holding facilities, each regional commission is authorized to create a holding facility fund and enter into holding facility cooperative agreements with counties both inside and outside the regional commission's designated region. Each county electing to use a regional holding facility may contribute to the regional commission's holding facility fund. The State of Mississippi may match the county's contribution by paying not more than Two Dollars ($2.00) into the holding facility fund for each One Dollar ($1.00) received from the counties, if sufficient funds are available.
(3) Crisis stabilization units operating and receiving state funds from the Department of Mental Health as of January 1, 2015, shall not be eligible for the holding facility state matching contributions provided for in this section. The matching funds provided for in this section shall only be allocated to holding facilities established under this section. Regional commissions requesting decertification of any such crisis stabilization unit to reestablish the unit as a regional holding facility under this section in order to be eligible for state matching contributions may do so only with the approval of the Department of Mental Health.
(4) Counties not contributing to a regional commission holding facility fund shall not be entitled to use of a holding facility. No patient shall be ordered by any court to a holding facility established under this section if the county in which the commitment action is pending has not entered into a cooperative agreement with a regional commission and has not made a contribution to a regional commission holding facility fund.
(5) Holding facilities established under this section shall at a minimum comply with the operational standards for holding facilities established by the Department of Mental Health. Holding facilities may also seek designation and certification as a crisis stabilization unit, single point of entry, and other type of treatment facility so that they may receive reimbursement from the Division of Medicaid for eligible patients.
(6) Holding facilities and committing courts shall not remove persons from the holding facility unless the removal is for clinical purposes. Persons taken to a holding facility established under this section and any treatment professionals called as witnesses shall not be required to appear at the court's location for commitment proceedings, except when extraordinary circumstances are found and determined as reflected by a written order of the chancellor or duly appointed special master. For the purpose of civil commitment hearings, persons being committed and treatment professionals may participate through videoconferencing. Holding facilities established under this section shall have the capacity and ability to provide videoconferencing between the person being held, the committing court, and treatment professionals. Any attorney for the person being held shall be present at the location of the person during videoconferenced hearings and shall have the ability to consult in private with the person.
(7) Holding facilities are authorized to provide any necessary treatment in person or through the use of videoconferencing between the person and the treatment professional.
(8) For purposes of public participation, jurisdiction and venue, the location of the commitment actions for persons being held at holding facilities established under this section shall be deemed to be the county of the committing court, even though the individual being committed and treatment professionals may be physically located in other jurisdictions when participating in any hearing through videoconference. The jurisdiction of the committing court and law enforcement officials transporting persons to holding facilities shall extend to other jurisdictions for the purpose of conducting hearings held by videoconferencing, and for the purpose of holding and transporting individuals to holding facilities established under this section.
(9) Persons being held or detained for the purpose of civil commitment shall not have a jail photograph or "mug shot" published, except as permitted under Section 41-21-97. Persons and businesses who publish those photographs shall immediately remove the photographs from publication, and destroy any and all copies of those photographs in their possession.
SECTION 6. Section 41-21-73, Mississippi Code of 1972, is amended as follows:
41-21-73. (1) The hearing shall be conducted before the chancellor or duly appointed special master. However, the hearing may be held at the location where the respondent is being held. Within a reasonable period of time before the hearing, notice of same shall be provided the respondent and his attorney, which shall include: (a) notice of the date, time and place of the hearing; (b) a clear statement of the purpose of the hearing; (c) the possible consequences or outcome of the hearing; (d) the facts that have been alleged in support of the need for commitment; (e) the names, addresses and telephone numbers of the examiner(s); and (f) other witnesses expected to testify.
(2) The respondent must be present at the hearing unless the chancellor or duly appointed special master determines that the respondent is unable to attend and makes that determination and the reasons therefor part of the record. At the time of the hearing, the respondent shall not be so under the influence or suffering from the effects of drugs, medication or other treatment so as to be hampered in participating in the proceedings. The court, at the time of the hearing, shall be presented a record of all drugs, medication or other treatment that the respondent has received pending the hearing, unless the court determines that such a record would be impractical and documents the reasons for that determination.
(3) The respondent shall have the right to offer evidence, to be confronted with the witnesses against him and to cross-examine them and shall have the privilege against self-incrimination. The rules of evidence applicable in other judicial proceedings in this state shall be followed.
(4) If the court finds by clear and convincing evidence that the proposed patient is a person with mental illness or a person with an intellectual disability and, if after careful consideration of reasonable alternative dispositions, including, but not limited to, dismissal of the proceedings, the court finds that there is no suitable alternative to judicial commitment, the court shall commit the patient for treatment in the least restrictive treatment facility that can meet the patient's treatment needs. However, if the person is receiving acute psychiatric treatment for a mental illness or an intellectual disability in a treatment facility at the time of the hearing, the person may not be committed to a state-operated facility unless, in addition to all other requirements of this subsection, the affiant for commitment shows by clear and convincing evidence that the treatment the person requires is not available in the facility the person is being treated in at the time of the hearing, and that the treatment the person requires is available only in the state-operated facility whose catchment area includes the person's county of residence. If treatment is only available at a state-operated facility, the patient shall be discharged from the treating facility. For the purposes of this subsection (4), transfers of inpatients from any treatment facility are considered discharges for documentation and statistical purposes. Treatment before admission to a state-operated facility shall be located as closely as possible to the patient's county of residence and the county of residence shall be responsible for that cost. Admissions to state-operated facilities shall be in compliance with the catchment areas established by the State Department of Mental Health. A nonresident of the state may be committed for treatment or confinement in the county where the person was found. A person who has been judicially committed under this section shall not be held in a jail or other detention facility while that person is awaiting admission to a state-operated facility. In all instances where admission to a state-operated facility is not available at the time a person is judicially committed under this section, the community mental health center whose catchment area includes the county from which the commitment order was issued must place the person in a treatment facility to receive interim treatment until admission to a state-operated facility is available. The county of residence of any such person shall pay the cost of such interim treatment.
Alternatives to commitment to inpatient care may include, but shall not be limited to: voluntary or court-ordered outpatient commitment for treatment with specific reference to a treatment regimen, day treatment in a hospital, night treatment in a hospital, placement in the custody of a friend or relative, or the provision of home health services.
For persons committed as having mental illness or having an intellectual disability, the initial commitment shall not exceed three (3) months.
(5) No person shall be committed to a treatment facility whose primary problems are the physical disabilities associated with old age or birth defects of infancy.
(6) The court shall state the findings of fact and conclusions of law that constitute the basis for the order of commitment. The findings shall include a listing of less restrictive alternatives considered by the court and the reasons that each was found not suitable.
(7) A stenographic transcription shall be recorded by a stenographer or electronic recording device and retained by the court.
(8) Notwithstanding any other provision of law to the contrary, neither the State Board of Mental Health or its members, nor the State Department of Mental Health or its related facilities, nor any employee of the State Department of Mental Health or its related facilities, unless related to the respondent by blood or marriage, shall be assigned or adjudicated custody, guardianship, or conservatorship of the respondent.
(9) The county where a person in need of treatment is found is authorized to charge the county of the person's residence for the costs incurred while the person is confined in the county where such person was found.
SECTION 7. Section 41-21-77, Mississippi Code of 1972, is amended as follows:
41-21-77. (1) If admission
is ordered at a treatment facility, the sheriff, his or her deputy or any other
person appointed or authorized by the court shall immediately deliver the respondent
to the director of the appropriate facility. Neither the Board of Mental Health
or its members, nor the Department of Mental Health or its related facilities, nor
any employee of the Department of Mental Health or its related facilities, shall
be appointed, authorized or ordered to deliver the respondent for treatment, and
no person shall be so delivered or admitted until the director of the admitting
institution determines that facilities and services are available. Persons who
have been ordered committed and are awaiting admission may be given any such treatment
in the facility by a licensed physician as is indicated by standard medical practice. * * * However,
a jail or detention center may not be used for persons who are awaiting admission
unless the community mental health center has explored and exhausted the availability
of other appropriate facilities, such as the crisis stabilization unit and the
local hospital; the chancellor or duly appointed special master specifically
authorizes it; and the respondent is actively violent. The community
mental health center shall provide documentation of the person's violent
behavior and that no other appropriate facilities are available to the
chancellor or duly appointed special master. Under these circumstances, no
person may remain in a jail for longer than twenty-four (24) hours, and the community
mental health center shall provide treatment during this timeframe pending
placement at an appropriate facility. No peace officer or any other person shall
place criminal charges against a person who is mentally ill and in need of
treatment pursuant to this chapter solely or primarily because the person is
mentally ill or because of the unavailability of a state hospital bed. For the
purposes of this subsection, "actively violent" means that the
behavior presents an immediate and serious danger to the safety of the
individual or another, the individual has inflicted or attempted to inflict
serious bodily harm on another, or has acted in such a way as to create a
substantial risk of serious bodily harm to another, or has engaged in extreme
destruction of property; and there is a reasonable probability that this
conduct will be repeated. No person shall be delivered or admitted to any non-Department
of Mental Health treatment facility unless the treatment facility is licensed and/or
certified to provide the appropriate level of psychiatric care for persons with
mental illness. It is the intent of this Legislature that county-owned hospitals
work with regional community mental health/intellectual disability centers in providing
care to local patients. The clerk shall provide the director of the admitting institution
with a certified copy of the court order, a certified copy of the appointed examiners'
certificates, a certified copy of the affidavit, and any other information available
concerning the physical and mental condition of the respondent. Upon notification
from the United States Veterans Administration or other agency of the United States
government, that facilities are available and the respondent is eligible for care
and treatment in those facilities, the court may enter an order for delivery of
the respondent to or retention by the Veterans Administration or other agency of
the United States government, and, in those cases the chief officer to whom the
respondent is so delivered or by whom he is retained shall, with respect to the
respondent, be vested with the same powers as the director of the Mississippi State
Hospital at Whitfield, or the East Mississippi State Hospital at Meridian, with
respect to retention and discharge of the respondent.
(2) (a) When admission to a
treatment facility is ordered by the court, the chancery clerk shall make record
of the admission. Each chancery clerk shall maintain a record of the number of
persons ordered by the court to be admitted to a treatment facility, the number
of hearings held by the court to determine whether a person should be admitted to
a treatment facility and the number of affidavits filed to admit a person to a treatment
facility under Section 41-21-61 * * * et seq.
(b) The chancery clerk shall maintain a record each time such clerk receives a denial for admission to a community mental health center crisis stabilization bed, the reason provided to the clerk for such denial, and the subsequent action taken by the clerk upon receiving the denial.
(c) Each chancery clerk shall provide the records required by paragraphs (a) and (b) of this subsection (2) to the Department of Mental Health within thirty (30) days of the end of each calendar quarter. Within sixty (60) days of receipt of the chancery clerk records, the Department of Mental Health shall provide a summary to the Chairpersons of the Appropriations, Public Health and Judiciary A and B Committees for the Mississippi House of Representatives and the Mississippi Senate, the Coordinator of Mental Health and the President of the Mississippi Association of Community Mental Health Centers.
SECTION 8. Section 27-104-7, Mississippi Code of 1972, is amended as follows:
27-104-7. (1) (a) There is created the Public Procurement Review Board, which shall be reconstituted on January 1, 2018, and shall be composed of the following members:
(i) Three (3) individuals appointed by the Governor with the advice and consent of the Senate;
(ii) Two (2) individuals appointed by the Lieutenant Governor with the advice and consent of the Senate; and
(iii) The Executive Director of the Department of Finance and Administration, serving as an ex officio and nonvoting member.
(b) The initial terms of each appointee shall be as follows:
(i) One (1) member appointed by the Governor to serve for a term ending on June 30, 2019;
(ii) One (1) member appointed by the Governor to serve for a term ending on June 30, 2020;
(iii) One (1) member appointed by the Governor to serve for a term ending on June 30, 2021;
(iv) One (1) member appointed by the Lieutenant Governor to serve for a term ending on June 30, 2019; and
(v) One (1) member appointed by the Lieutenant Governor to serve for a term ending on June 30, 2020.
After the expiration of the initial terms, all appointed members' terms shall be for a period of four (4) years from the expiration date of the previous term, and until such time as the member's successor is duly appointed and qualified.
(c) When appointing members to the Public Procurement Review Board, the Governor and Lieutenant Governor shall take into consideration persons who possess at least five (5) years of management experience in general business, health care or finance for an organization, corporation or other public or private entity. Any person, or any employee or owner of a company, who receives any grants, procurements or contracts that are subject to approval under this section shall not be appointed to the Public Procurement Review Board. Any person, or any employee or owner of a company, who is a principal of the source providing a personal or professional service shall not be appointed to the Public Procurement Review Board if the principal owns or controls a greater than five percent (5%) interest or has an ownership value of One Million Dollars ($1,000,000.00) in the source's business, whichever is smaller. No member shall be an officer or employee of the State of Mississippi while serving as a voting member on the Public Procurement Review Board.
(d) Members of the Public Procurement Review Board shall be entitled to per diem as authorized by Section 25-3-69 and travel reimbursement as authorized by Section 25-3-41.
(e) The members of the Public Procurement Review Board shall elect a chair from among the membership, and he or she shall preside over the meetings of the board. The board shall annually elect a vice chair, who shall serve in the absence of the chair. No business shall be transacted, including adoption of rules of procedure, without the presence of a quorum of the board. Three (3) members shall be a quorum. No action shall be valid unless approved by a majority of the members present and voting, entered upon the minutes of the board and signed by the chair. Necessary clerical and administrative support for the board shall be provided by the Department of Finance and Administration. Minutes shall be kept of the proceedings of each meeting, copies of which shall be filed on a monthly basis with the chairs of the Accountability, Efficiency and Transparency Committees of the Senate and House of Representatives and the chairs of the Appropriations Committees of the Senate and House of Representatives.
(2) The Public Procurement Review Board shall have the following powers and responsibilities:
(a) Approve all purchasing regulations governing the purchase or lease by any agency, as defined in Section 31-7-1, of commodities and equipment, except computer equipment acquired pursuant to Sections 25-53-1 through 25-53-29;
(b) Adopt regulations governing the approval of contracts let for the construction and maintenance of state buildings and other state facilities as well as related contracts for architectural and engineering services.
The provisions of this paragraph (b) shall not apply to such contracts involving buildings and other facilities of state institutions of higher learning which are self-administered as provided under this paragraph (b) or Section 37-101-15(m);
(c) Adopt regulations governing any lease or rental agreement by any state agency or department, including any state agency financed entirely by federal funds, for space outside the buildings under the jurisdiction of the Department of Finance and Administration. These regulations shall require each agency requesting to lease such space to provide the following information that shall be published by the Department of Finance and Administration on its website: the agency to lease the space; the terms of the lease; the approximate square feet to be leased; the use for the space; a description of a suitable space; the general location desired for the leased space; the contact information for a person from the agency; the deadline date for the agency to have received a lease proposal; any other specific terms or conditions of the agency; and any other information deemed appropriate by the Division of Real Property Management of the Department of Finance and Administration or the Public Procurement Review Board. The information shall be provided sufficiently in advance of the time the space is needed to allow the Division of Real Property Management of the Department of Finance and Administration to review and preapprove the lease before the time for advertisement begins;
(d) Adopt, in its discretion, regulations to set aside at least five percent (5%) of anticipated annual expenditures for the purchase of commodities from minority businesses; however, all such set-aside purchases shall comply with all purchasing regulations promulgated by the department and shall be subject to all bid requirements. Set-aside purchases for which competitive bids are required shall be made from the lowest and best minority business bidder; however, if no minority bid is available or if the minority bid is more than two percent (2%) higher than the lowest bid, then bids shall be accepted and awarded to the lowest and best bidder. However, the provisions in this paragraph shall not be construed to prohibit the rejection of a bid when only one (1) bid is received. Such rejection shall be placed in the minutes. For the purposes of this paragraph, the term "minority business" means a business which is owned by a person who is a citizen or lawful permanent resident of the United States and who is:
(i) Black: having origins in any of the black racial groups of Africa;
(ii) Hispanic: of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin regardless of race;
(iii) Asian-American: having origins in any of the original people of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands;
(iv) American Indian or Alaskan Native: having origins in any of the original people of North America; or
(v) Female;
(e) In consultation with and approval by the Chairs of the Senate and House Public Property Committees, approve leases, for a term not to exceed eighteen (18) months, entered into by state agencies for the purpose of providing parking arrangements for state employees who work in the Woolfolk Building, the Carroll Gartin Justice Building or the Walter Sillers Office Building;
(f) (i) Except as otherwise provided in subparagraph (ii) of this paragraph, promulgate rules and regulations governing the solicitation and selection of contractual services personnel, including personal and professional services contracts for any form of consulting, policy analysis, public relations, marketing, public affairs, legislative advocacy services or any other contract that the board deems appropriate for oversight, with the exception of:
1. Any personal service contracts entered into by any agency that employs only nonstate service employees as defined in Section 25-9-107(c);
2. Any personal service contracts entered into for computer or information technology-related services governed by the Mississippi Department of Information Technology Services;
3. Any personal service contracts entered into by the individual state institutions of higher learning;
4. Any personal service contracts entered into by the Mississippi Department of Transportation;
5. Any personal service contracts entered into by the Department of Human Services through June 30, 2019, which the Executive Director of the Department of Human Services determines would be useful in establishing and operating the Department of Child Protection Services;
6. Any personal service contracts entered into by the Department of Child Protection Services through June 30, 2019;
7. Any contracts for entertainers and/or performers at the Mississippi State Fairgrounds entered into by the Mississippi Fair Commission;
8. Any contracts entered into by the Department of Finance and Administration when procuring aircraft maintenance, parts, equipment and/or services;
9. Any contract entered into by the Department of Public Safety for service on specialized equipment and/or software required for the operation of such specialized equipment for use by the Office of Forensics Laboratories;
10. Any personal or professional service contract entered into by the Mississippi Department of Health or the Department of Revenue solely in connection with their respective responsibilities under the Mississippi Medical Cannabis Act from February 2, 2022, through June 30, 2026;
11. Any contract for attorney, accountant, actuary auditor, architect, engineer, anatomical pathologist, or utility rate expert services;
12. Any personal service contracts approved by the Executive Director of the Department of Finance and Administration and entered into by the Coordinator of Mental Health Accessibility through June 30, 2022;
13. Any personal or professional services contract entered into by the State Department of Health in carrying out its responsibilities under the ARPA Rural Water Associations Infrastructure Grant Program through June 30, 2026;
14. * * * Any personal
or professional services contract entered into by the Mississippi Department of
Environmental Quality in carrying out its responsibilities under the Mississippi
Municipality and County Water Infrastructure Grant Program Act of 2022, through
June 30, 2026 * * *;
and
15. Any personal or professional services contract entered into by the Mississippi Department of Mental Health in carrying out its responsibilities under Section 41-4-7(ll).
Any such rules and regulations shall provide for maintaining continuous internal audit covering the activities of such agency affecting its revenue and expenditures as required under Section 7-7-3(6)(d). Any rules and regulation changes related to personal and professional services contracts that the Public Procurement Review Board may propose shall be submitted to the Chairs of the Accountability, Efficiency and Transparency Committees of the Senate and House of Representatives and the Chairs of the Appropriation Committees of the Senate and House of Representatives at least fifteen (15) days before the board votes on the proposed changes, and those rules and regulation changes, if adopted, shall be promulgated in accordance with the Mississippi Administrative Procedures Act.
(ii) From and after July 1, 2024, the Public Procurement Review Board shall promulgate rules and regulations that require the Department of Finance and Administration to conduct personal and professional services solicitations as provided in subparagraph (i) of this paragraph for those services in excess of Seventy-five Thousand Dollars ($75,000.00) for the Department of Marine Resources, the Department of Wildlife, Fisheries and Parks, the Mississippi Emergency Management Agency and the Mississippi Development Authority, with assistance to be provided from these entities. Any powers that have been conferred upon agencies in order to comply with the provisions of this section for personal and professional services solicitations shall be conferred upon the Department of Finance and Administration to conduct personal and professional services solicitations for the Department of Marine Resources, the Department of Wildlife, Fisheries and Parks, the Mississippi Emergency Management Agency and the Mississippi Development Authority for those services in excess of Seventy-five Thousand Dollars ($75,000.00). The Department of Finance and Administration shall make any submissions that are required to be made by other agencies to the Public Procurement Review Board for the Department of Marine Resources, the Department of Wildlife, Fisheries and Parks, the Mississippi Emergency Management Agency and the Mississippi Development Authority.
The provisions of this subparagraph (ii) shall stand repealed on June 30, 2027;
(g) Approve all personal and professional services contracts involving the expenditures of funds in excess of Seventy-five Thousand Dollars ($75,000.00), except as provided in paragraph (f) of this subsection (2) and in subsection (8);
(h) Develop mandatory standards with respect to contractual services personnel that require invitations for public bid, requests for proposals, record keeping and financial responsibility of contractors. The Public Procurement Review Board shall, unless exempted under this paragraph (h) or under paragraph (i) or (o) of this subsection (2), require the agency involved to submit the procurement to a competitive procurement process, and may reserve the right to reject any or all resulting procurements;
(i) Prescribe certain circumstances by which agency heads may enter into contracts for personal and professional services without receiving prior approval from the Public Procurement Review Board. The Public Procurement Review Board may establish a preapproved list of providers of various personal and professional services for set prices with which state agencies may contract without bidding or prior approval from the board;
(i) Agency requirements may be fulfilled by procuring services performed incident to the state's own programs. The agency head shall determine in writing whether the price represents a fair market value for the services. When the procurements are made from other governmental entities, the private sector need not be solicited; however, these contracts shall still be submitted for approval to the Public Procurement Review Board.
(ii) Contracts between two (2) state agencies, both under Public Procurement Review Board purview, shall not require Public Procurement Review Board approval. However, the contracts shall still be entered into the enterprise resource planning system;
(j) Provide standards for the issuance of requests for proposals, the evaluation of proposals received, consideration of costs and quality of services proposed, contract negotiations, the administrative monitoring of contract performance by the agency and successful steps in terminating a contract;
(k) Present recommendations for governmental privatization and to evaluate privatization proposals submitted by any state agency;
(l) Authorize personal and professional service contracts to be effective for more than one (1) year provided a funding condition is included in any such multiple year contract, except the State Board of Education, which shall have the authority to enter into contractual agreements for student assessment for a period up to ten (10) years. The State Board of Education shall procure these services in accordance with the Public Procurement Review Board procurement regulations;
(m) Request the State Auditor to conduct a performance audit on any personal or professional service contract;
(n) Prepare an annual report to the Legislature concerning the issuance of personal and professional services contracts during the previous year, collecting any necessary information from state agencies in making such report;
(o) Develop and implement the following standards and procedures for the approval of any sole source contract for personal and professional services regardless of the value of the procurement:
(i) For the purposes of this paragraph (o), the term "sole source" means only one (1) source is available that can provide the required personal or professional service.
(ii) An agency that has been issued a binding, valid court order mandating that a particular source or provider must be used for the required service must include a copy of the applicable court order in all future sole source contract reviews for the particular personal or professional service referenced in the court order.
(iii) Any agency alleging to have a sole source for any personal or professional service, other than those exempted under paragraph (f) of this subsection (2) and subsection (8), shall publish on the procurement portal website established by Sections 25-53-151 and 27-104-165, for at least fourteen (14) days, the terms of the proposed contract for those services. In addition, the publication shall include, but is not limited to, the following information:
1. The personal or professional service offered in the contract;
2. An explanation of why the personal or professional service is the only one that can meet the needs of the agency;
3. An explanation of why the source is the only person or entity that can provide the required personal or professional service;
4. An explanation of why the amount to be expended for the personal or professional service is reasonable; and
5. The efforts that the agency went through to obtain the best possible price for the personal or professional service.
(iv) If any person or entity objects and proposes that the personal or professional service published under subparagraph (iii) of this paragraph (o) is not a sole source service and can be provided by another person or entity, then the objecting person or entity shall notify the Public Procurement Review Board and the agency that published the proposed sole source contract with a detailed explanation of why the personal or professional service is not a sole source service.
(v) 1. If the agency determines after review that the personal or professional service in the proposed sole source contract can be provided by another person or entity, then the agency must withdraw the sole source contract publication from the procurement portal website and submit the procurement of the personal or professional service to an advertised competitive bid or selection process.
2. If the agency determines after review that there is only one (1) source for the required personal or professional service, then the agency may appeal to the Public Procurement Review Board. The agency has the burden of proving that the personal or professional service is only provided by one (1) source.
3. If the Public Procurement Review Board has any reasonable doubt as to whether the personal or professional service can only be provided by one (1) source, then the agency must submit the procurement of the personal or professional service to an advertised competitive bid or selection process. No action taken by the Public Procurement Review Board in this appeal process shall be valid unless approved by a majority of the members of the Public Procurement Review Board present and voting.
(vi) The Public Procurement Review Board shall prepare and submit a quarterly report to the House of Representatives and Senate Accountability, Efficiency and Transparency Committees that details the sole source contracts presented to the Public Procurement Review Board and the reasons that the Public Procurement Review Board approved or rejected each contract. These quarterly reports shall also include the documentation and memoranda required in subsection (4) of this section. An agency that submitted a sole source contract shall be prepared to explain the sole source contract to each committee by December 15 of each year upon request by the committee;
(p) Assess any fines and administrative penalties provided for in Sections 31-7-401 through 31-7-423.
(3) All submissions shall be made sufficiently in advance of each monthly meeting of the Public Procurement Review Board as prescribed by the Public Procurement Review Board. If the Public Procurement Review Board rejects any contract submitted for review or approval, the Public Procurement Review Board shall clearly set out the reasons for its action, including, but not limited to, the policy that the agency has violated in its submitted contract and any corrective actions that the agency may take to amend the contract to comply with the rules and regulations of the Public Procurement Review Board.
(4) All sole source contracts for personal and professional services awarded by state agencies, other than those exempted under Section 27-104-7(2)(f) and (8), whether approved by an agency head or the Public Procurement Review Board, shall contain in the procurement file a written determination for the approval, using a request form furnished by the Public Procurement Review Board. The written determination shall document the basis for the determination, including any market analysis conducted in order to ensure that the service required was practicably available from only one (1) source. A memorandum shall accompany the request form and address the following four (4) points:
(a) Explanation of why this service is the only service that can meet the needs of the purchasing agency;
(b) Explanation of why this vendor is the only practicably available source from which to obtain this service;
(c) Explanation of why the price is considered reasonable; and
(d) Description of the efforts that were made to conduct a noncompetitive negotiation to get the best possible price for the taxpayers.
(5) In conjunction with the State Personnel Board, the Public Procurement Review Board shall develop and promulgate rules and regulations to define the allowable legal relationship between contract employees and the contracting departments, agencies and institutions of state government under the jurisdiction of the State Personnel Board, in compliance with the applicable rules and regulations of the federal Internal Revenue Service (IRS) for federal employment tax purposes. Under these regulations, the usual common law rules are applicable to determine and require that such worker is an independent contractor and not an employee, requiring evidence of lawful behavioral control, lawful financial control and lawful relationship of the parties. Any state department, agency or institution shall only be authorized to contract for personnel services in compliance with those regulations.
(6) No member of the Public Procurement Review Board shall use his or her official authority or influence to coerce, by threat of discharge from employment, or otherwise, the purchase of commodities, the contracting for personal or professional services, or the contracting for public construction under this chapter.
(7) Notwithstanding any other laws or rules to the contrary, the provisions of subsection (2) of this section shall not be applicable to the Mississippi State Port Authority at Gulfport.
(8) Nothing in this section shall impair or limit the authority of the Board of Trustees of the Public Employees' Retirement System to enter into any personal or professional services contracts directly related to their constitutional obligation to manage the trust funds, including, but not limited to, actuarial, custodial banks, cash management, investment consultant and investment management contracts. Nothing in this section shall impair or limit the authority of the State Treasurer to enter into any personal or professional services contracts involving the management of trust funds, including, but not limited to, actuarial, custodial banks, cash management, investment consultant and investment management contracts.
(9) Through December 31, 2024, the provisions of this section related to rental agreements or leasing of real property for the purpose of conducting agency business shall not apply to the Office of Workforce Development created in Section 37-153-7.
SECTION 9. By December 2024 and every year thereafter, PEER and the Department of Mental Health shall provide a report to the House and Senate Public Health Committees on information related to this act.
SECTION 10. This act shall take effect and be in force from and after July 1, 2024.