HB 679 — State Board of Health; extend repealer on authority to charge fees for services based on cost of service.

HB 679 (As Introduced)Passed the House) - 2020 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Representative Turner House Bill 679 (As Passed the House) AN ACT TO REENACT SECTIONS 21-27-207, 41-3-15, 41-3-18, 41-3-65, 41-9-9, 41-26-23, 41-26-101, 41-58-3, 41-59-11, 41-59-17, 41-59-23, 41-59-33, 41-59-35, 41-59-65, 41-59-79, 41-67-12, 41-67-25, 41-67-37, 41-67-39, 41-71-5, 41-71-7, 41-75-7, 41-75-9, 41-77-9, 41-77-25, 41-85-7, 41-125-7, 43-11-7, 43-11-8, 43-11-9, 43-11-13, 43-16-25, 43-20-8, 43-20-11, 43-20-13, 43-20-59, 45-14-31, 45-23-23, 45-23-41, 45-23-45, 45-23-53, 73-7-71, 73-10-9, 73-10-11, 73-10-21, 73-14-17, 73-14-19, 73-14-27, 73-14-31, 73-24-29, 73-38-31, 73-55-13, 73-57-19, 73-57-21, 73-57-27, 73-57-29, 73-61-1, 73-61-3, 73-65-5, 73-65-9, 73-65-11, 75-29-805, 75-31-65 AND 75-74-11, MISSISSIPPI CODE OF 1972, WHICH REQUIRE INCREASES IN FEES CHARGED BY THE STATE BOARD OF HEALTH OR THE STATE DEPARTMENT OF HEALTH TO BE IN ACCORDANCE WITH CERTAIN STATUTORY REQUIREMENTS;

TO AMEND REENACTED SECTION 41-3-65, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT;

     41-3-15. 41-3-15. (1)  (a)  There shall be a State Department of Health.

 (1)  (a)  There shall be a State Department of Health.

                            (vii)  Accidental deaths and injuries;

                            (xvi)  Registration of births and deaths and other vital events;

                   (b)  The State Board of Health shall have authority:

$ 10.00      The board may develop such reasonable standards, rules and regulations to clearly define each assessment category.category.  Assessment categories shall be based upon the factors to the public health implications of the category and type of food preparation being utilized by the food establishment, utilizing the model Food Code of 1995, or as may be amended by the federal Food and Drug Administration.

 Assessment categories shall be based upon the factors to the public health implications of the category and type of food preparation being utilized by the food establishment, utilizing the model Food Code of 1995, or as may be amended by the federal Food and Drug Administration.

     SECTION 4.  Section 41-3-65, Mississippi Code of 1972, is reenacted and amended as follows:

     41-3-65.  Except as otherwise provided by law, the State Board of Health or the State Department of Health may increase the amount of any fee charged by the board or the department for providing a service, including the issuance and renewal of licenses and registrations, not more than two (2) times during the period from July 1, 2016, through June 30, * * *202030, 2023,2020, with the percentage of each increase being not more than fifteen percent (15%) of the amount of the fee in effect at the time of the increase.

                   (g)  One (1) radiation physicist;

and in compliance with the provisions of this chapter, such license shall be issued.  A license, unless suspended or revoked, shall be renewable annually upon payment by the licensee of a renewal fee of One Thousand Dollars ($1,000.00) and upon approval by the licensing agency of an annual report, required to be submitted by the licensee, containing such information in such form and at such time as the licensing agency prescribes by rule or regulation.  Any increase in the fee charged by the licensing agency under this section shall be in accordance with the provisions of Section 41-3-65.  Each license shall be issued only for the home health agency and person or persons or other legal entity or entities named in the application and shall not be transferable or assignable except with the written approval of the licensing agency.  Licenses shall be posted in a conspicuous place in the designated business office of the licensee.  Each licensee shall designate, in writing, one (1) individual person as the responsible party for the conducting of the business of the home health agency with the licensing agency.

 Licenses shall be posted in a conspicuous place in the designated business office of the licensee.  Each licensee shall designate, in writing, one (1) individual person as the responsible party for the conducting of the business of the home health agency with the licensing agency.

where determined by the licensing agency to be applicable.  A license, unless suspended or revoked, shall be renewable annually upon payment of a renewal fee of Three Thousand Dollars ($3,000.00), which shall be paid to the licensing agency, and upon filing by the licensee and approval by the licensing agency of an annual report upon such uniform dates and containing such information in such form as the licensing agency requires.  Any increase in the fee charged by the licensing agency under this section shall be in accordance with the provisions of Section 41-3-65. 41-3-65. Each license shall be issued only for the premises and person or persons named in the application and shall not be transferable or assignable.  Licenses shall be posted in a conspicuous place on the licensed premises.

 Each license shall be issued only for the premises and person or persons named in the application and shall not be transferable or assignable.  Licenses shall be posted in a conspicuous place on the licensed premises.

     41-77-25. 41-77-25. Upon receipt of an application for license and the license fee, the licensing agency shall issue a license if the applicant and the institutional facilities meet the requirements established under this chapter and the requirements of Section 41-7-173 et seq., where determined by the licensing agency to be applicable.  A license, unless suspended or revoked, shall be renewable annually upon payment of a renewal fee of Three Hundred Dollars ($300.00), which shall be paid to the licensing agency, and upon filing by the licensee and approval by the licensing agency of an annual report upon such uniform dates and containing such information in such form as the licensing agency requires.  Any increase in the fee charged by the licensing agency under this section shall be in accordance with the provisions of Section 41-3-65.  Each license shall be issued only for the premises and person or persons named in the application and shall not be transferable or assignable.  Licenses shall be posted in a conspicuous place on the licensed premises.

 Upon receipt of an application for license and the license fee, the licensing agency shall issue a license if the applicant and the institutional facilities meet the requirements established under this chapter and the requirements of Section 41-7-173 et seq., where determined by the licensing agency to be applicable.  A license, unless suspended or revoked, shall be renewable annually upon payment of a renewal fee of Three Hundred Dollars ($300.00), which shall be paid to the licensing agency, and upon filing by the licensee and approval by the licensing agency of an annual report upon such uniform dates and containing such information in such form as the licensing agency requires.  Any increase in the fee charged by the licensing agency under this section shall be in accordance with the provisions of Section 41-3-65.  Each license shall be issued only for the premises and person or persons named in the application and shall not be transferable or assignable.  Licenses shall be posted in a conspicuous place on the licensed premises.

     Except as otherwise provided in paragraph (c) of this subsection (5), no such employee hired on or after July 1, 2003, shall be permitted to provide direct patient care until the results of the criminal history record check have revealed no disqualifying record or the employee has been granted a waiver. waiver. In order to determine the employee applicant's suitability for employment, the applicant shall be fingerprinted.  Fingerprints shall be submitted to the licensing agency from scanning, with the results processed through the Department of Public Safety's Criminal Information Center.  The fingerprints shall then be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check.  The licensing agency shall notify the covered entity of the results of an employee applicant's criminal history record check.  If the criminal history record check discloses a felony conviction, guilty plea or plea of nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed in Section 45-33-23(h), child abuse, arson, grand larceny, burglary, gratification of lust or aggravated assault, or felonious abuse and/or battery of a vulnerable adult that has not been reversed on appeal or for which a pardon has not been granted, the employee applicant shall not be eligible to be employed by the covered entity.

 In order to determine the employee applicant's suitability for employment, the applicant shall be fingerprinted.  Fingerprints shall be submitted to the licensing agency from scanning, with the results processed through the Department of Public Safety's Criminal Information Center.  The fingerprints shall then be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check.  The licensing agency shall notify the covered entity of the results of an employee applicant's criminal history record check.  If the criminal history record check discloses a felony conviction, guilty plea or plea of nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed in Section 45-33-23(h), child abuse, arson, grand larceny, burglary, gratification of lust or aggravated assault, or felonious abuse and/or battery of a vulnerable adult that has not been reversed on appeal or for which a pardon has not been granted, the employee applicant shall not be eligible to be employed by the covered entity.

          (g)  If the results of an employee applicant's criminal history record check reveals no disqualifying event, then the covered entity shall, within two (2) weeks of the notification of no disqualifying event, provide the employee applicant with a notarized letter signed by the chief executive officer of the covered entity, or his or her authorized designee, confirming the employee applicant's suitability for employment based on his or her criminal history record check. check. An employee applicant may use that letter for a period of two (2) years from the date of the letter to seek employment with any covered entity without the necessity of an additional criminal history record check.  Any covered entity presented with the letter may rely on the letter with respect to an employee applicant's criminal background and is not required for a period of two (2) years from the date of the letter to conduct or have conducted a criminal history record check as required in this subsection (5).

 An employee applicant may use that letter for a period of two (2) years from the date of the letter to seek employment with any covered entity without the necessity of an additional criminal history record check.  Any covered entity presented with the letter may rely on the letter with respect to an employee applicant's criminal background and is not required for a period of two (2) years from the date of the letter to conduct or have conducted a criminal history record check as required in this subsection (5).

     (6)(6)   TheThe State Board of Health shall promulgate rules, regulations and standards regarding the operation of adult foster care facilities.

          (b) (b) For For statements covering more than twenty-five (25) but less than one hundred one (101) vessels - Seventy-five Dollars ($75.00).

          (b)  Such denial, refusal to renew, suspension, revocation, order to cease and desist from designated conduct, or warning or reprimand may be ordered by the board in a decision made after a hearing in the manner provided by the rules and regulations adopted by the board.  One (1) year from the date of the revocation of a license, application may be made to the board for reinstatement.  The board shall have discretion to accept or reject an application for reinstatement and may, but shall not be required to, hold a hearing to consider such reinstatement.

 The board shall have discretion to accept or reject an application for reinstatement and may, but shall not be required to, hold a hearing to consider such reinstatement.

     73-57-29.  All fees established by the board under this chapter shall be set in such an amount as is necessary to reimburse the state for the cost of services rendered, not to exceed a biennial sum of Two Hundred Fifty Dollars ($250.00) to be paid by any individual. individual. Any increase in the fees charged by the board under this chapter shall be in accordance with the provisions of Section 41-3-65.  Fees received by the board and monies collected under this chapter shall be deposited in the State Treasury to the credit of the Respiratory Care Fund.  Expenses incurred in the performance of this chapter shall be paid in accordance with the accounting laws of the state.

 Any increase in the fees charged by the board under this chapter shall be in accordance with the provisions of Section 41-3-65.  Fees received by the board and monies collected under this chapter shall be deposited in the State Treasury to the credit of the Respiratory Care Fund.  Expenses incurred in the performance of this chapter shall be paid in accordance with the accounting laws of the state.

     (7) (7) This This section shall not apply to physicians licensed to practice medicine in Mississippi in the performance of their professional duties.