HB 95 — Nursing home administrators; delete repealer on licensure requirements for and authorize board to conduct background checks.

HB 95 (As PassedSent theto House)Governor) - 2021 Regular Session MISSISSIPPI LEGISLATURE Regular Session To:

Representative Turner House Bill 95 (As PassedSent theto House)Governor) AN ACT TO AMEND SECTION 73-17-11, MISSISSIPPI CODE OF 1972, TO AUTHORIZEINCREASE MAXIMUM AMOUNT OF THE FEE THAT THE STATE BOARD OF NURSING HOME ADMINISTRATORS TOMAY CONDUCTCHARGE CRIMINALFOR HISTORYINITIAL RECORDSLICENSES CHECKSAND ONBIENNIAL APPLICANTSRENEWAL FOROF LICENSURE;LICENSES;

TO PROVIDE THAT THE APPLICANT SHALL NOT BE CHARGED ANY OF THE COSTS OF OBTAINING THAT INFORMATION;

TO AUTHORIZE THE STATE BOARD OF NURSING HOME ADMINISTRATORS TO CONDUCT CRIMINAL HISTORY RECORD CHECKS ON APPLICANTS FOR LICENSURE;

TO EXEMPT FROM CONTINUING EDUCATION REQUIREMENTS FOR LICENSE RENEWAL MEMBERS OF THE LEGISLATURE WHO SERVE ON THE PUBLIC HEALTH AND/OR MEDICAID COMMITTEE;

and           (g)(g)   HasHas met all of the requirements established by federal law.

     (2)  The board is authorized to conduct a criminal history records check on applicants for licensure.licensure.  In order to determine the applicant's suitability for licensing, the applicant shall be fingerprinted.  The board shall submit the fingerprints to the Department of Public Safety for a check of the state criminal records and forward to the Federal Bureau of Investigation for a check of the national criminal records.  The Department of Public Safety shall disseminate the results of the state check and the national check to the board for a suitability determination.  The applicant shall not be charged any of the costs of requesting and obtaining the state and national criminal history records information on the applicant.

 In order to determine the applicant's suitability for licensing, the applicant shall be fingerprinted.  The board shall submit the fingerprints to the Department of Public Safety for a check of the state criminal records and forward to the Federal Bureau of Investigation for a check of the national criminal records.  The Department of Public Safety shall disseminate the results of the state check and the national check to the board for a suitability determination.  The applicant shall not be charged any of the costs of requesting and obtaining the state and national criminal history records information on the applicant.

     ( * * *34)  The board may prescribe appropriate fees for the taking of those examinations and for the issuance of licenses.  Those fees shall be not more than the cost of the examinations andand * * * Five Hundred Dollars ($500.00) Five Hundred Fifty Dollars ($550.00) for the issuance of a license.  However, the fee for an initial license may be prorated in proportion to the period of time from the date of issuance and the date of biennial license renewal prescribed in subsection (4). ( * * *45).  All licenses issued under this chapter shall be for a maximum period of two (2) years.

     ( * * *45)  Except as provided in Section 33-1-39, the board may renew licenses biennially upon the payment of a fee to be established by the board, which shall be not more thanthan * * * Five Hundred Dollars ($500.00),($500.00) Five Hundred Fifty Dollars ($550.00), plus any administrative costs for late payment.

 * * *     (5) ( * * *56)  Any person who is not licensed under this chapter on July 1, 2011, who makes application with the board on or before June 30, 2012, may qualify for a license under this chapter provided that on or before January 31, 2014, he or she demonstrates to the satisfaction of the board that he or she (a) meets the eligibility requirements for a nursing home administrator's license prescribed in this section as those requirements existed on June 30, 2011;

(b) has successfully completed the Administrator‑in‑TrainingAdministrator-in-Training Program requirements existing on June 30, 2011;

     (6) ( * * *67)  Current licensure by the Department of Mental Health under Section 41-4-7(r) as a mental health/intellectual disability program administrator shall exempt the licensee from the requirement of licensure as a nursing home administrator if the licensee is employed in the state mental health system as Administrator of Intermediate Care Facility or Facilities for Persons with Intellectual Disabilities (ICF/ID) no larger than sixteen (16) beds.

 * * *     (7) ( * * *78) * * *   This section shall stand repealed on July 1, * * *20211, 2024.2021.  Any member of the Legislature who serves on the Public Health and/or Medicaid Committee who is a licensed nursing home administrator shall be exempt from continuing education requirements for license renewal.

     AnySECTION member2.  ofThis theact Legislatureshall whotake serveseffect onand thebe Publicin Healthforce and/orfrom Medicaidand Committeeafter whoits ispassage. a licensed administrator shall be exempt from continuous education.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2021.