Mississippi 2023 Regular Session Status: Enacted 1 R cosponsors

SB 2323 — Community hospitals; allow consolidation and collaboration involving other hospitals.

Last action — Approved by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 16, 2023. Enacted.

Prognosis

Likely to advance 76% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

1191 added · 909 removed

Plain-language change summary

The latest version of SB 2323 expands the scope of immunity from liability under federal and state antitrust laws to include private hospitals, allowing them to negotiate cooperative agreements more freely. It also updates the Rural Health Availability Act to rename it the "Rural and Private Hospitals Health Availability Act," ensuring private hospitals can participate fully, regardless of their location. These changes are important because they aim to strengthen healthcare collaboration in Mississippi, potentially improving access to health services statewide while reducing legal risks for healthcare providers.

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2323 (As Passed the Senate) AN ACT TO AMEND SECTION 41-13-35, MISSISSIPPI CODE OF 1972, TO CLARIFY AND EXPAND THE POWERS AND DUTIES OF THE BOARDS OF TRUSTEES OF COMMUNITY HOSPITALS AND TO PROVIDE THAT ANY CONSOLIDATION OR COLLABORATION INVOLVING A COMMUNITY HOSPITAL AND OTHER PUBLIC, PRIVATE OR NONPROFIT HOSPITALS, HEALTH CARE FACILITIES OR PROVIDERS SHALL BE IMMUNE FROM LIABILITY UNDER THE FEDERAL AND STATE ANTITRUST OR COMPETITION LAWS TO THE FULLEST EXTENT ALLOWED BY LAW;
2323 (As Sent to Governor) AN ACT TO AMEND SECTION 41-13-35, MISSISSIPPI CODE OF 1972, TO CLARIFY AND EXPAND THE POWERS AND DUTIES OF THE BOARDS OF TRUSTEES OF COMMUNITY HOSPITALS AND TO PROVIDE THAT ANY CONSOLIDATION OR COLLABORATION INVOLVING A COMMUNITY HOSPITAL AND OTHER PUBLIC, PRIVATE OR NONPROFIT HOSPITALS, HEALTH CARE FACILITIES OR PROVIDERS SHALL BE IMMUNE FROM LIABILITY UNDER THE FEDERAL AND STATE ANTITRUST OR COMPETITION LAWS TO THE FULLEST EXTENT ALLOWED BY LAW;
TO AMEND SECTIONS 41-9-301, 41-9-303, 41-9-305 AND 41-9-307, MISSISSIPPI CODE OF 1972, TO INCLUDE PRIVATE HOSPITALS IN THE RURAL HEALTH AVAILABILITY ACT AND RENAME THE ACT AS THE "RURAL AND PRIVATE HOSPITALS HEALTH AVAILABILITY ACT;" TO PROVIDE THAT PRIVATE HOSPITALS, WHETHER IN A RURAL OR NONRURAL AREA, AND ANY OTHER ENTITY MAY NEGOTIATE AND ENTER INTO COOPERATIVE AGREEMENTS, SUBJECT TO RECEIPT OF A CERTIFICATE OF PUBLIC ADVANTAGE GOVERNING THE AGREEMENT THAT IS APPROVED BY THE STATE DEPARTMENT OF HEALTH;
SECTION 1.
S.
Section 41-13-35, Mississippi Code of 1972, is amended as follows:
41-13-35.
(1) The board of trustees of any community hospital shall have full authority to appoint an administrator, who shall not be a member of the board of trustees, and to S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ G1/2 23/SS08/R1094PS PAGE 1 delegate reasonable authority to such administrator for the operation and maintenance of such hospital and all property and facilities otherwise appertaining thereto.
2323 *SS26/R1094SG* ~ OFFICIAL ~ G1/2 23/SS26/R1094SG PAGE 1 SECTION 1.
Section 41-13-35, Mississippi Code of 1972, is amended as follows:
41-13-35.
(1) The board of trustees of any community hospital shall have full authority to appoint an administrator, who shall not be a member of the board of trustees, and to delegate reasonable authority to such administrator for the operation and maintenance of such hospital and all property and facilities otherwise appertaining thereto.
The board of trustees shall keep minutes of its official business and shall comply with Section 41-9-68.
The board of trustees shall keep S.
(4) The decisions of said board of trustees of the community hospital shall be valid and binding unless expressly prohibited by applicable statutory or constitutional provisions.
S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 2 (5) The * * * powers and duties of the board of trustees shall specifically include, but not be limited to, the following * * *:
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 2 minutes of its official business and shall comply with Section 41-9-68.
(4) The decisions of * * * the board of trustees of the community hospital shall be valid and binding unless expressly prohibited by applicable statutory or constitutional provisions.
(5) The * * * powers and duties of the board of trustees shall specifically include, but not be limited to, the following * * *:
(d) To enter into loan or scholarship agreements with employees or students to provide educational assistance where such student or employee agrees to work for a stipulated period of time for the hospital;
(e) To devise and implement employee incentive programs;
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 3 (f) To recruit and financially assist physicians and other health care practitioners in establishing, or relocating practices within the service area of the community hospital including, without limitation, direct and indirect financial assistance, loan agreements, agreements guaranteeing minimum incomes for a stipulated period from opening of the practice and providing free office space or reduced rental rates for office space where such recruitment would directly benefit the community hospital and/or the health and welfare of the citizens of the service area;
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 3 (d) To enter into loan or scholarship agreements with employees or students to provide educational assistance where such student or employee agrees to work for a stipulated period of time for the hospital;
(g) To contract by way of lease, lease-purchase or otherwise, with any agency, department or other office of government or any individual, partnership, corporation, owner, other board of trustees, or other health care facility, for the providing of property, equipment or services by or to the community hospital or other entity or regarding any facet of the construction, management, funding or operation of the community hospital or any division or department thereof, or any related activity, including, without limitation, shared management expertise or employee insurance and retirement programs, and to terminate said contracts when deemed in the best interests of the community hospital;
(e) To devise and implement employee incentive programs;
(h) To file suit on behalf of the community hospital to enforce any right or claims accruing to the hospital and to defend S.
(f) To recruit and financially assist physicians and other health care practitioners in establishing, or relocating practices within the service area of the community hospital including, without limitation, direct and indirect financial assistance, loan agreements, agreements guaranteeing minimum incomes for a stipulated period from opening of the practice and providing free office space or reduced rental rates for office space where such recruitment would directly benefit the community hospital and/or the health and welfare of the citizens of the service area;
(g) To contract by way of lease, lease-purchase or otherwise, with any agency, department or other office of government or any individual, partnership, corporation, owner, other board of trustees, or other health care facility, for the providing of property, equipment or services by or to the community hospital or other entity or regarding any facet of the construction, management, funding or operation of the community hospital or any division or department thereof, or any related activity, including, without limitation, shared management S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 4 and/or settle claims against the community hospital and/or its board of trustees;
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 4 expertise or employee insurance and retirement programs, and to terminate * * * those contracts when deemed in the best interests of the community hospital;
(h) To file suit on behalf of the community hospital to enforce any right or claims accruing to the hospital and to defend and/or settle claims against the community hospital and/or its board of trustees;
(j) To let contracts for the construction, remodeling, expansion or acquisition, by lease or purchase, of hospital or health care facilities, including real property, within the service area for community hospital purposes where such may be done with operational funds without encumbrancing the general funds of the county or municipality, provided that any contract for the purchase of real property must be ratified by the owner;
(j) To let contracts for the construction, remodeling, expansion or acquisition, by lease or purchase, of hospital or health care facilities, including real property, within the service area for community hospital purposes where such may be done with operational funds without encumbrancing the general funds of the county or municipality, provided that any contract for the purchase or lease of real property must * * * have the prior approval of the owner;
provided that the owner shall specify by resolution the maximum borrowing authority and maximum percent of revenue which may be pledged by the board of trustees during any given fiscal year;
provided that the owner shall S.
(l) To expend hospital funds for public relations or advertising programs;
S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 5 (m) To offer the following inpatient and outpatient services, after complying with applicable health planning, licensure statutes and regulations, whether or not heretofore offered by such hospital or other similar hospitals in this state and whether or not heretofore authorized to be offered, long-term care, extended care, home care, after-hours clinic services, ambulatory surgical clinic services, preventative health care services including wellness services, health education, rehabilitation and diagnostic and treatment services;
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 5 specify by resolution the maximum borrowing authority and maximum percent of revenue * * * that may be pledged by the board of trustees during any given fiscal year;
(l) To expend hospital funds for public relations or advertising programs;
(m) To offer the following inpatient and outpatient services, after complying with applicable health planning, licensure statutes and regulations, whether or not heretofore offered by such hospital or other similar hospitals in this state and whether or not heretofore authorized to be offered, long-term care, extended care, home care, after-hours clinic services, ambulatory surgical clinic services, preventative health care services including wellness services, health education, rehabilitation and diagnostic and treatment services;
(n) To promote, develop, acquire, operate and maintain on a nonprofit basis, or on a profit basis if the community hospital's share of profits is used solely for community hospital and related purposes in accordance with this chapter, either separately or jointly with one or more other hospitals or health-related organizations, facilities and equipment for providing goods, services and programs for hospitals, other health care providers, and other persons or entities in need of such goods, services and programs and, in doing so, to provide for contracts of employment or contracts for services and ownership of property on terms that will protect the public interest;
(n) To promote, develop, acquire, operate and maintain on a nonprofit basis, or on a profit basis if the community hospital's share of profits is used solely for community hospital and related purposes in accordance with this chapter, either separately or jointly with one or more other hospitals or health-related organizations, facilities and equipment for S.
S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 6 (o) To establish and operate medical offices, child care centers, wellness or fitness centers and other facilities and programs which the board determines are appropriate in the operation of a community hospital for the benefit of its employees, personnel and/or medical staff which shall be operated as an integral part of the hospital and which may, in the direction of the board of trustees, be offered to the general public.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 6 providing goods, services and programs for hospitals, other health care providers, and other persons or entities in need of such goods, services and programs and, in doing so, to provide for contracts of employment or contracts for services and ownership of property on terms that will protect the public interest;
(o) To establish and operate medical offices, child care centers, wellness or fitness centers and other facilities and programs which the board determines are appropriate in the operation of a community hospital for the benefit of its employees, personnel and/or medical staff which shall be operated as an integral part of the hospital and which may, in the direction of the board of trustees, be offered to the general public.
(p) Provide, at its discretion, ambulance service and/or to contract with any third party, public or private, for the providing of such service;
S.
(q) Establish a fair and equitable system for the billing of patients for care or users of services received through the community hospital, which in the exercise of the board of S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 7 trustees' prudent fiscal discretion, may allow for rates to be classified according to the potential usage by an identified group or groups of patients of the community hospital's services and may allow for standard discounts where the discount is designed to reduce the operating costs or increase the revenues of the community hospital.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 7 (p) Provide, at its discretion, ambulance service and/or to contract with any third party, public or private, for the providing of such service;
(q) Establish a fair and equitable system for the billing of patients for care or users of services received through the community hospital, which in the exercise of the board of trustees' prudent fiscal discretion, may allow for rates to be classified according to the potential usage by an identified group or groups of patients of the community hospital's services and may allow for standard discounts where the discount is designed to reduce the operating costs or increase the revenues of the community hospital.
* * * (s) To make any agreements or contracts with the federal government or any agency thereof, the State of Mississippi or any agency thereof, and any county, city, town, supervisors district or election district within this state, jointly or separately, for the maintenance of charity facilities * * *;
* * * (s) To make any agreements or contracts with the federal government or any agency thereof, the State of Mississippi S.
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(t) To acquire hospitals, health care facilities and other healthcare-related operations and assets, through direct purchase, merger, consolidation, lease or other means;
S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 8 (u) To enter into joint ventures, joint-operating agreements or similar arrangements with other public or private healthcare-related organizations, or with for-profit or nonprofit corporations, for-profit or nonprofit limited liability companies or other similar organizations, either directly or through a nonprofit corporation formed or owned by the community hospital, for the joint operation of all or part of the community hospital, or the joint operation of any healthcare facilities or healthcare services, and in doing so, to convey the community hospital's assets, service lines or facilities to the joint venture or to any other organization or entity for fair market value, and to provide for contracts of employment or contracts for services and ownership of property that will protect the public interest;
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 8 or any agency thereof, and any county, city, town, supervisors district or election district within this state, jointly or separately, for the maintenance of charity facilities * * *;
(v) To form, establish, fund and operate nonprofit corporations, nonprofit limited liability companies, state-sponsored entities or other similar organizations, either directly or through a nonprofit corporation formed by the community hospital, which are jointly owned with other public or private hospitals, for-profit or nonprofit corporations, or other healthcare-related organizations, for the purpose of conducting activities within or outside of the community hospital's service area for the benefit of the community hospital, including, but not limited to, joint-hospital acquisitions, group purchasing, clinically integrated networks, payor contracting, and joint requests for federal and state grants and funding;
(t) To acquire hospitals, health care facilities and other health care-related operations and assets, through direct purchase, merger, consolidation, lease or other means;
S.
(u) To enter into joint ventures, joint-operating agreements or similar arrangements with other public or private health care-related organizations, or with for-profit or nonprofit corporations, for-profit or nonprofit limited liability companies or other similar organizations, either directly or through a nonprofit corporation formed or owned by the community hospital, for the joint operation of all or part of the community hospital, or the joint operation of any health care facilities or health care services, and in doing so, to convey the community hospital's assets, service lines or facilities to the joint venture or to any other organization or entity for fair market value, and to provide for contracts of employment or contracts for services and ownership of property that will protect the public interest;
(v) To form, establish, fund and operate nonprofit corporations, nonprofit limited liability companies, state-sponsored entities or other similar organizations, either directly or through a nonprofit corporation formed by the community hospital, which are jointly owned with other public or private hospitals, for-profit or nonprofit corporations, or other S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 9 (w) To make capital contributions, loans, debt or equity financing to or for any joint venture or similar arrangement in which the community hospital, or any nonprofit corporation formed, leased or owned by the community hospital, has or acquires an ownership interest, and to guarantee loans and any other obligations for such purposes;
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 9 health care-related organizations, for the purpose of conducting activities within or outside of the community hospital's service area for the benefit of the community hospital, including, but not limited to, joint hospital acquisitions, group purchasing, clinically integrated networks, payor contracting, and joint requests for federal and state grants and funding;
(w) To make capital contributions, loans, debt or equity financing to or for any joint venture or similar arrangement in which the community hospital, or any nonprofit corporation formed, leased or owned by the community hospital, has or acquires an ownership interest, and to guarantee loans and any other obligations for such purposes;
(aa) To elect some, any or all of the members of the board of directors of any nonprofit corporation of which the community hospital is a member;
(bb) To create, establish, acquire, operate or support subsidiaries and affiliates, either for-profit or nonprofit or other similar entity, to assist the community hospital in fulfilling its purposes;
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 10 (cc) To create, establish or support nonaffiliated for-profit or nonprofit corporations or other similar lawful business organizations that operate and have as their purposes the furtherance of the community hospital's purposes;
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 10 (aa) To elect some, any or all of the members of the board of directors of any nonprofit corporation of which the community hospital is a member;
(bb) To create, establish, acquire, operate or support subsidiaries and affiliates, either for-profit or nonprofit or other similar entity, to assist the community hospital in fulfilling its purposes;
(cc) To create, establish or support nonaffiliated for-profit or nonprofit corporations or other similar lawful business organizations that operate and have as their purposes the furtherance of the community hospital's purposes;
(ee) To exercise all powers granted hereunder in such a manner as the community hospital, through its board of trustees, may determine to be consistent with the purposes of this act, including the state action immunity provided by this act from state and federal antitrust laws to the fullest extent possible, notwithstanding that as a consequence of such exercise of such powers it engages in activities that may be deemed "anticompetitive" or which displace competition within the meaning or contemplation of the antitrust laws of this state or of the United States.
(ee) To exercise all powers granted under this section in such a manner as the community hospital, through its board of trustees, may determine to be consistent with the purposes of this chapter, including the state action immunity provided by this section from state and federal antitrust laws to the fullest extent possible, notwithstanding that as a consequence of such S.
(ff) The board of trustees shall not sell real property described in this subsection without the approval of the owners of the real property.
S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 11 (6) No board of trustees of any community hospital may accept any grant of money or other thing of value from any not-for-profit or for-profit organization established for the purpose of supporting health care in the area served by the facility unless two-thirds (2/3) of the trustees vote to accept the grant.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 11 exercise of such powers it engages in activities that may be deemed "anticompetitive" or which displace competition within the meaning or contemplation of the antitrust laws of this state or of the United States;
(7) No board of trustees, individual trustee or any other person who is an agent or servant of the trustees of any community hospital shall have any personal financial interest in any not-for-profit or for-profit organization which, regardless of its stated purpose of incorporation, provides assistance in the form of grants of money or property to community hospitals or provides services to community hospitals in the form of performance of functions normally associated with the operations of a hospital.
and (ff) The board of trustees shall not sell, purchase, convey, lease, or enter into agreements that have the effect of selling, purchasing, conveying, or leasing any real property or enter into management agreements, merger agreements, joint ventures, joint-operating agreements or similar arrangements that transfer control of any real property or the operations of a community hospital described in this subsection without the prior approval of the owners of the real property.
(8) The Legislature hereby finds and declares as follows:
(6) No board of trustees of any community hospital may accept any grant of money or other thing of value from any not-for-profit or for-profit organization established for the purpose of supporting health care in the area served by the facility unless two-thirds (2/3) of the trustees vote to accept the grant.
(a) The needs of the residents of Mississippi can best be served by community hospitals having the legal, financial and operational flexibility to take full advantage of opportunities and challenges presented by the evolving health care environment and to take whatever actions are necessary to enable the community hospitals' continuation as healthcare systems which provides the finest possible quality of care consistent with reasonable costs.
(7) No board of trustees, individual trustee or any other person who is an agent or servant of the trustees of any community hospital shall have any personal financial interest in any not-for-profit or for-profit organization which, regardless of its stated purpose of incorporation, provides assistance in the form of grants of money or property to community hospitals or provides S.
(b) In this environment, the community hospitals must have the ability to respond to changing conditions by having the power to develop efficient and cost-effective methods and S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 12 structures to provide for health care needs, while maintaining a public mission and character.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 12 services to community hospitals in the form of performance of functions normally associated with the operations of a hospital.
Further, community hospitals in Mississippi are political subdivisions of the state.
(8) The Legislature finds and declares as follows:
(a) The needs of the residents of Mississippi can best be served by community hospitals having the legal, financial and operational flexibility to take full advantage of opportunities and challenges presented by the evolving health care environment and to take whatever actions are necessary to enable the community hospitals' continuation as health care systems that provide the finest possible quality of care consistent with reasonable costs.
(b) In this environment, the community hospitals must have the ability to respond to changing conditions by having the power to develop efficient and cost-effective methods and structures to provide for health care needs, while maintaining a public mission and character.
In addition, community hospitals in Mississippi are political subdivisions of the state.
The acquisition, operation and financing of hospitals and other health care facilities by the community hospitals are hereby declared to be for a public and governmental purpose and a matter of public necessity.
The acquisition, operation and financing of hospitals and other health care facilities by the community hospitals are declared to be for S.
(c) The geographic areas served by community hospitals include rural populations and other groups that experience significant health disparities.
Health disparities are differences in health status when compared to the population overall, often characterized by indicators such as higher incidence of disease and/or disability, increased mortality rates, and lower life expectancies.
Rural risk factors for health disparities include geographic isolation, lower socioeconomic status, higher rates of health risk behaviors and limited access to healthcare specialists and subspecialists.
As a result of these health disparities, the residents of areas served by S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 13 community hospitals have high rates of mortality and morbidity, heart disease, cancer, diabetes and other illnesses.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 13 a public and governmental purpose and a matter of public necessity.
(c) The geographic areas served by community hospitals include rural populations and other groups that experience significant health disparities.
Health disparities are differences in health status when compared to the population overall, often characterized by indicators such as higher incidence of disease and/or disability, increased mortality rates, and lower life expectancies.
Rural risk factors for health disparities include geographic isolation, lower socioeconomic status, higher rates of health risk behaviors and limited access to health care specialists and subspecialists.
As a result of these health disparities, the residents of areas served by community hospitals have high rates of mortality and morbidity, heart disease, cancer, diabetes and other illnesses.
Community hospitals have demonstrated their ability to provide high-quality healthcare and to improve health conditions and outcomes as well as access to care.
Community hospitals have demonstrated their ability to provide high-quality health care and to improve health conditions and outcomes as well as access to care.
(d) The community hospitals' investment of significant public assets and their efforts to provide high-quality health care services to medically underserved populations are jeopardized by potential limits on the ability of community hospitals to collaborate and consolidate with other public, private, for-profit and nonprofit health care facilities and providers.
(d) The community hospitals' investment of significant public assets and their efforts to provide high quality health care services to medically underserved populations are jeopardized S.
The Legislature expressly finds the benefits of collaboration and consolidation by the community hospitals outweigh any adverse impact on competition.
B.
No.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 14 by potential limits on the ability of community hospitals to collaborate and consolidate with other public, private, for-profit and nonprofit health care facilities and providers.
The Legislature expressly finds that the benefits of collaboration and consolidation by the community hospitals outweigh any adverse impact on competition.
Based on the findings S.
Based on the findings contained in this section, the Legislature affirmatively expresses a policy to allow community hospitals to consolidate with other public, private, for-profit or nonprofit hospitals, health care facilities and providers and to engage in collaborative activities consistent with their health care purposes, notwithstanding that those consolidations and collaborations may have the effect of displacing competition in the provision of hospital or other health care-related services.
In engaging in such consolidations and collaborations with other public, private, for-profit or nonprofit hospitals, health care facilities and providers, the community hospital shall be considered to be acting pursuant to clearly articulated state policy as established in this section S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 14 contained in this section, the Legislature hereby affirmatively expresses a policy to allow community hospitals to consolidate with other public, private, for-profit or nonprofit hospitals, health care facilities and providers and to engage in collaborative activities consistent with their health care purposes, notwithstanding that those consolidations and collaborations may have the effect of displacing competition in the provision of hospital or other healthcare-related services.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 15 and shall not be subject to federal or state antitrust laws while so acting.
In engaging in such consolidations and collaborations with other public, private, for-profit or nonprofit hospitals, health care facilities and providers, the community hospital shall be considered to be acting pursuant to clearly articulated state policy as established in this act and shall not be subject to federal or state antitrust laws while so acting.
With respect to the consolidations, collaborative activities and other activities contemplated in this section, the community hospital and the public, private, for-profit or nonprofit entities with which it consolidates, collaborates, or enters into any of the transactions set forth in this act, shall be immune from liability under the federal and state antitrust laws and those activities are provided with state action immunity from federal and state antitrust laws to the fullest extent possible.
With respect to the consolidations, collaborative activities and other activities contemplated in this act, the community hospital and the public, private, for-profit or nonprofit entities with which it consolidates, collaborates, or enters into any of the transactions set forth in this act, shall be immune from liability under the federal and state antitrust laws and those activities are provided with state action immunity from federal and state antitrust laws to the fullest extent possible.
S.
41-13-29.
B.
No.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 15 41-13-29.
The authority to appoint trustees shall not apply to leased facilities, unless specifically reserved by the owner in the applicable lease agreement.
The authority to appoint trustees S.
(b) The board of trustees shall consist of not more than seven (7) members nor less than five (5) members, except where specifically authorized by statute, and shall be appointed by the respective owners on a pro rata basis comparable to the ownership interests in the community hospital.
Where the community hospital is owned solely by a county, or any supervisors districts, judicial districts or election district of a county, or by a municipality, the trustees shall be residents of the owning entity.
S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 16 (c) Trustees for municipally owned community hospitals shall be appointed by the governing authority of the municipality.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 16 shall not apply to leased facilities, unless specifically reserved by the owner in the applicable lease agreement.
(b) The board of trustees shall consist of not more than seven (7) members nor less than five (5) members, except where specifically authorized by statute, and shall be appointed by the respective owners on a pro rata basis comparable to the ownership interests in the community hospital.
Where the community hospital is owned solely by a county, or any supervisors districts, judicial districts or election district of a county, or by a municipality, the trustees shall be residents of the owning entity.
(c) Trustees for municipally owned community hospitals shall be appointed by the governing authority of the municipality.
one (1) for a term of one (1) year, one (1) for a term of two (2) years, one (1) for a term of three (3) years, one (1) for a term of four (4) years, and one (1) for a term of five (5) years.
one (1) for a term of one (1) year, one (1) for a S.
B.
No.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 17 term of two (2) years, one (1) for a term of three (3) years, one (1) for a term of four (4) years, and one (1) for a term of five (5) years.
Any vacancy on the board of trustees shall be filled within ninety S.
Any vacancy on the board of trustees shall be filled within ninety (90) days by appointment by the applicable owner for the remainder of the unexpired term.
B.
No.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 17 (90) days by appointment by the applicable owner for the remainder of the unexpired term.
(3) (a) Any community hospital erected, owned, maintained and operated by any county located in the geographical center of the State of Mississippi and in which State Highways No.
(3) (a) Any community hospital erected, owned, maintained and operated by any county located in the geographical center of S.
B.
No.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 18 the State of Mississippi and in which State Highways No.
(b) Any community hospital erected, owned, maintained and operated by any county situated in the Yazoo-Mississippi Delta S.
(b) Any community hospital erected, owned, maintained and operated by any county situated in the Yazoo-Mississippi Delta Levee District and bordering on the Mississippi River and having a population of not less than forty-five thousand (45,000) and having an assessed valuation of not less than Thirty Million Dollars ($30,000,000.00) for the year 1954, shall be operated by a board of trustees which may consist of not more than eleven (11) members who have the qualifications set forth in this section.
B.
No.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 18 Levee District and bordering on the Mississippi River and having a population of not less than forty-five thousand (45,000) and having an assessed valuation of not less than Thirty Million Dollars ($30,000,000.00) for the year 1954, shall be operated by a board of trustees which may consist of not more than eleven (11) members who have the qualifications set forth in this section.
Each supervisor of Supervisors Districts One and Two shall nominate and the board of supervisors shall appoint one (1) person from each said beat for a one-year term.
S.
Each supervisor of Supervisors Districts Three and Four shall nominate and the board of supervisors shall appoint one (1) person from each beat for a two-year term.
The supervisor of Supervisors District Five shall nominate and the board of supervisors shall appoint one (1) person from the beat for a three-year term.
The medical staff at the hospital shall submit a list of four (4) nominees and the supervisors shall appoint two (2) trustees from the list of nominees, one (1) for a three-year term and one (1) for a one-year S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 19 term.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 19 Each supervisor of Supervisors Districts One and Two shall nominate and the board of supervisors shall appoint one (1) person from each * * * such beat for a one-year term.
Each supervisor of Supervisors Districts Three and Four shall nominate and the board of supervisors shall appoint one (1) person from each beat for a two-year term.
The supervisor of Supervisors District Five shall nominate and the board of supervisors shall appoint one (1) person from the beat for a three-year term.
The medical staff at the hospital shall submit a list of four (4) nominees and the supervisors shall appoint two (2) trustees from the list of nominees, one (1) for a three-year term and one (1) for a one-year term.
It is the intent of the Legislature that the board of trustees which existed prior to July 1, 1985, was abolished by amendment to this section under Section 5, Chapter 511, Laws of 1985, and the amendment authorized the appointment of a new board of trustees on or after July 1, 1985, in the manner provided in this paragraph.
It is the intent of the Legislature that the board of trustees which existed prior to July 1, 1985, was abolished by amendment to this section under Section 5, S.
Any member of the board of trustees which existed before July 1, 1985, who has the qualifications set forth in this section shall be eligible for reappointment subject to the provisions of this paragraph.
(d) Any community hospital erected, owned, maintained and operated by any county bordering on the Mississippi River having two (2) judicial districts, wherein U.S.
Highway 61 and Mississippi Highway 8 intersect, lying wholly within a levee district, shall be operated by a board of trustees which may S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 20 consist of not more than nine (9) members who have the qualifications set forth in this section.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 20 Chapter 511, Laws of 1985, and the amendment authorized the appointment of a new board of trustees on or after July 1, 1985, in the manner provided in this paragraph.
Any member of the board of trustees which existed before July 1, 1985, who has the qualifications set forth in this section shall be eligible for reappointment subject to the provisions of this paragraph.
(d) Any community hospital erected, owned, maintained and operated by any county bordering on the Mississippi River having two (2) judicial districts, wherein U.S.
Highway 61 and Mississippi Highway 8 intersect, lying wholly within a levee district, shall be operated by a board of trustees which may consist of not more than nine (9) members who have the qualifications set forth in this section.
(4) Any community hospital owned, maintained and operated by any county wherein Mississippi Highways 16 and 19 intersect, having a land area of five hundred sixty-eight (568) square miles, and having a population in excess of twenty-three thousand seven hundred (23,700) according to the 1980 federal decennial census, shall be operated by a board of trustees of five (5) members who have the qualifications set forth in this section, one (1) of whom shall be elected by the qualified electors of each supervisors district of the county in the manner provided herein.
(4) Any community hospital owned, maintained and operated by any county wherein Mississippi Highways 16 and 19 intersect, S.
Each member so elected shall be a resident and qualified elector of the district from which he is elected.
The first elected members of the board of trustees shall be elected at the regular general election held on November 4, 1986.
At the election, the members S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 21 of the board from Supervisors Districts One and Two shall be elected for a term of six (6) years;
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 21 having a land area of five hundred sixty-eight (568) square miles, and having a population in excess of twenty-three thousand seven hundred (23,700) according to the 1980 federal decennial census, shall be operated by a board of trustees of five (5) members who have the qualifications set forth in this section, one (1) of whom shall be elected by the qualified electors of each supervisors district of the county in the manner provided herein.
Each member so elected shall be a resident and qualified elector of the district from which he is elected.
The first elected members of the board of trustees shall be elected at the regular general election held on November 4, 1986.
At the election, the members of the board from Supervisors Districts One and Two shall be elected for a term of six (6) years;
The board of trustees provided for herein shall not lease or sell the community hospital property under its jurisdiction unless the board of supervisors of the county calls for an election on the proposition and a majority voting in the election shall approve the lease or sale.
The board of S.
The members of the board of trustees provided for in this subsection shall be compensated a per diem and reimbursed for their expenses and mileage in the same amount and subject to the same restrictions provided for members of the county board of education in Section 37-5-21 and may, at the discretion of the board, choose to participate in any hospital medical benefit plan S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 22 which may be in effect for hospital employees.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 22 trustees provided for herein shall not lease or sell the community hospital property under its jurisdiction unless the board of supervisors of the county calls for an election on the proposition and a majority voting in the election shall approve the lease or sale.
The members of the board of trustees provided for in this subsection shall be compensated a per diem and reimbursed for their expenses and mileage in the same amount and subject to the same restrictions provided for members of the county board of education in Section 37-5-21 and may, at the discretion of the board, choose to participate in any hospital medical benefit plan which may be in effect for hospital employees.
The candidate in each supervisors district who receives the highest number of votes cast in the district shall be declared elected.
The candidate in each supervisors district who receives S.
B.
No.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 23 the highest number of votes cast in the district shall be declared elected.
S.
(6) The owner which appointed a trustee may likewise remove him from office by majority vote for failure to attend at least fifty percent (50%) of the regularly scheduled meetings of the board during the twelve-month period preceding the vote, or for violation of any statute relating to the responsibilities of his office, based upon the recommendation of a majority of the remaining trustees.
(7) For community hospitals located in a county having a population of less than one hundred thousand (100,000) according to the most recent federal decennial census, the members of the board of trustees, administrator and any other officials of the community hospital as may be deemed necessary or proper by the board of trustees shall be under bond in an amount not less than S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 23 (6) The owner which appointed a trustee may likewise remove him from office by majority vote for failure to attend at least fifty percent (50%) of the regularly scheduled meetings of the board during the twelve-month period preceding the vote, or for violation of any statute relating to the responsibilities of his office, based upon the recommendation of a majority of the remaining trustees.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 24 Ten Thousand Dollars ($10,000.00) nor more than One Hundred Thousand Dollars ($100,000.00) with some surety company authorized to do business in the State of Mississippi to faithfully perform the duties of his office.
(7) For community hospitals located in a county having a population of less than one hundred thousand (100,000) according to the most recent federal decennial census, the members of the board of trustees, administrator and any other officials of the community hospital as may be deemed necessary or proper by the board of trustees shall be under bond in an amount not less than Ten Thousand Dollars ($10,000.00) nor more than One Hundred Thousand Dollars ($100,000.00) with some surety company authorized to do business in the State of Mississippi to faithfully perform the duties of his office.
(8) The members of the board of trustees of a community hospital may, at the discretion of the board, choose to S.
(8) The members of the board of trustees of a community hospital may, at the discretion of the board, choose to participate in any hospital medical benefit plan or health insurance plan, whether self-funded or otherwise, which may be in effect for hospital employees.
B.
No.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 24 participate in any hospital medical benefit plan or health insurance plan, whether self-funded or otherwise, which may be in effect for hospital employees.
For purposes of Sections 37-115-50 and 37-115-50.1, the following terms shall have the following meanings:
For purposes of Sections 37-115-50 * * * through 37-115-50.3, the following terms shall have the following meanings:
(a) "Academic medical center" means the teaching, research, and clinical facilities and services provided, established, or operated by a public university under Chapter 115, Title 37, Mississippi Code of 1972.
(b) "Health sciences school" means any school of medicine, dentistry, nursing, pharmacy and any other health care-related educational program operated or provided by an academic medical center in this state.
(c) "Health care collaborative" means any consolidation or collaboration involving the academic medical center and any other public, private, for-profit or nonprofit health care facilities and providers.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 25 SECTION 4.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 25 (a) "Academic medical center" means the teaching, research, and clinical facilities and services provided, established, or operated by a public university under Chapter 115, Title 37, Mississippi Code of 1972.
(b) "Health sciences school" means any school of medicine, dentistry, nursing, pharmacy and any other health care-related educational program operated or provided by an academic medical center in this state.
(c) "Health care collaborative" means any consolidation or collaboration involving the academic medical center and any other public, private, for-profit or nonprofit health care facilities and providers.
SECTION 4.
(b) The needs of the residents of Mississippi can best be served by the academic medical center and health care collaboratives having the legal, financial and operational flexibility to take full advantage of opportunities and challenges presented by the evolving health care environment and to take whatever actions are necessary to enable the academic medical center and health care collaboratives' continuation as a health system which provides the finest possible quality of care consistent with reasonable costs and which serves the health care needs of uninsured, underinsured residents in addition to its scientific and educational missions.
(b) The needs of the residents of Mississippi can best be served by the academic medical center and health care S.
(c) In this environment, the academic medical center and its health care collaboratives must have the ability to respond to changing conditions by having the power to develop S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 26 efficient and cost-effective methods and structures to provide for health care needs, while maintaining a public mission and character.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 26 collaboratives having the legal, financial and operational flexibility to take full advantage of opportunities and challenges presented by the evolving health care environment and to take whatever actions are necessary to enable the academic medical center and health care collaboratives' continuation as a health system that provides the finest possible quality of care consistent with reasonable costs and that serves the health care needs of uninsured, underinsured residents in addition to its scientific and educational missions.
Further, the academic medical center is a political subdivision of the state.
(c) In this environment, the academic medical center and its health care collaboratives must have the ability to respond to changing conditions by having the power to develop efficient and cost-effective methods and structures to provide for health care needs, while maintaining a public mission and character.
In addition, the academic medical center is an institution of the state.
The acquisition, operation and financing of hospitals and other health care facilities by the academic medical are hereby declared to be for a public and governmental purpose and a matter of public necessity.
The acquisition, operation and financing of hospitals and other health care facilities by the academic medical S.
(d) The geographic areas served by the academic medical center and its health care collaboratives include rural populations and other groups that experience significant health disparities.
Health disparities are differences in health status when compared to the population overall, often characterized by indicators such as higher incidence of disease and/or disability, increased mortality rates, and lower life expectancies.
Rural risk factors for health disparities include geographic isolation, lower socioeconomic status, higher rates of health risk behaviors, and limited access to healthcare specialists and subspecialists.
As a result of these health disparities, the residents of areas S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 27 served by the academic medical center and its health care collaboratives have high rates of mortality and morbidity, heart disease, cancer, and other illnesses.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 27 are declared to be for a public and governmental purpose and a matter of public necessity.
(d) The geographic areas served by the academic medical center and its health care collaboratives include rural populations and other groups that experience significant health disparities.
Health disparities are differences in health status when compared to the population overall, often characterized by indicators such as higher incidence of disease and/or disability, increased mortality rates, and lower life expectancies.
Rural risk factors for health disparities include geographic isolation, lower socioeconomic status, higher rates of health risk behaviors, and limited access to health care specialists and subspecialists.
As a result of these health disparities, the residents of areas served by the academic medical center and its health care collaboratives have high rates of mortality and morbidity, heart disease, cancer, and other illnesses.
The academic medical center and its health care collaboratives have demonstrated their ability to provide high-quality healthcare and to improve health conditions and outcomes as well as access to care.
The academic medical center and its health care collaboratives have demonstrated their ability to provide high quality health care and to improve health conditions and outcomes as well as access to care.
This act will significantly strengthen the ability of the academic medical center and its health care collaboratives to serve the health care needs of the residents of their service areas.
This section and Section 37-115-50.3 will significantly strengthen the ability of the academic medical center and its health care collaboratives to serve the health care needs of the residents of their service areas.
(e) The investment of significant public assets by the academic medical center, the academic medical center's investment in health care collaboratives and their collective efforts to provide high quality health care services to medically underserved populations are jeopardized by potential limits on the ability of the academic medical center and its health care collaboratives to collaborate and consolidate with other public, private and nonprofit health care facilities and providers.
S.
The Legislature expressly finds that the benefits of collaboration and consolidation by the academic medical center and its health care collaboratives outweigh any adverse impact on competition.
The benefits of the academic medical center and its health care collaboratives efforts to collaborate and consolidate include, but are not limited to, preserving and expanding needed health care S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 28 services in its service areas;
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 28 (e) The investment of significant public assets by the academic medical center, the academic medical center's investment in health care collaboratives and their collective efforts to provide high quality health care services to medically underserved populations are jeopardized by potential limits on the ability of the academic medical center and its health care collaboratives to collaborate and consolidate with other public, private and nonprofit health care facilities and providers.
The Legislature expressly finds that the benefits of collaboration and consolidation by the academic medical center and its health care collaboratives outweigh any adverse impact on competition.
The benefits of the academic medical center and its health care collaboratives efforts to collaborate and consolidate include, but are not limited to, preserving and expanding needed health care services in its service areas;
Based on the findings contained in this section, the Legislature hereby affirmatively expresses a policy to allow the academic medical center and health care collaboratives to consolidate with hospitals, health care facilities and other health care providers and to engage in collaborative activities consistent with their health care purposes, notwithstanding that those consolidations and collaborations may have the effect of displacing competition in the provision of hospital or other health care related services.
Based on the findings contained in this section, the Legislature affirmatively expresses a policy to allow the academic medical center and health care collaboratives to consolidate with hospitals, health care facilities and other health care providers and to engage in collaborative activities consistent with their health care purposes, notwithstanding that those consolidations S.
In engaging in such consolidations and collaborations with other hospitals, health care facilities and providers, the academic medical center and its health care collaboratives (acting individually or collectively) shall be considered to be acting pursuant to clearly articulated state policy as established in this act and shall not be subject to federal or state antitrust laws while so acting.
With respect to the consolidations, collaborative activities and other activities contemplated in this act, the academic medical center and its health care collaboratives (acting individually or collectively) and the public, private or nonprofit entities with which it (or they) consolidate(s), collaborate(s), or enter(s) into any of the S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 29 transactions set forth in this act, shall be immune from liability under the federal and state antitrust laws and those activities are provided with state action immunity from federal and state antitrust laws to the fullest extent possible.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 29 and collaborations may have the effect of displacing competition in the provision of hospital or other health care related services.
(f) In furtherance of the findings and authorizations contained in paragraph (e) above, if a court of competent jurisdiction were to find that any of the activities of the academic medical center and its health care collaboratives (acting individually or collectively) authorized hereunder would be immune from the application of state and federal antitrust laws under the state action antitrust immunity doctrine pursuant to applicable jurisprudence only if such activities were subject to what has come to be known in relevant antitrust jurisprudence as "active supervision" by the state, the Legislatures finds that the academic medical center and its health care collaboratives are subject to direct and indirect supervision of the Board of Trustees of State Institutions of Higher Learning, which supervision has been, is currently, and is required to continue to be actively exercised by such constitutional body of state government such that, even if such judicial requirement were applied to the academic medical center and its health care collaboratives with respect to application of the state action antitrust immunity doctrine, the academic medical center and each of its health care collaboratives (acting individually or collectively), when exercising its powers under this act, shall S.
In engaging in such consolidations and collaborations with other hospitals, health care facilities and providers, the academic medical center and its health care collaboratives (acting individually or collectively) shall be considered to be acting pursuant to clearly articulated state policy as established in this section and shall not be subject to federal or state antitrust laws while so acting.
With respect to the consolidations, collaborative activities and other activities contemplated in this section and Section 37-115-50.3, the academic medical center and its health care collaboratives (acting individually or collectively) and the public, private or nonprofit entities with which it (or they) consolidate(s), collaborate(s), or enter(s) into any of the transactions set forth in this section and Section 37-115-50.3, shall be immune from liability under the federal and state antitrust laws and those activities are provided with state action immunity from federal and state antitrust laws to the fullest extent possible.
(f) In furtherance of the findings and authorizations contained in paragraph (e) of this section, if a court of competent jurisdiction were to find that any of the activities of the academic medical center and its health care collaboratives (acting individually or collectively) authorized under this section or Section 37-115-50.3 would be immune from the S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 30 enjoy immunity from the application of state and federal antitrust laws.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 30 application of state and federal antitrust laws under the state action antitrust immunity doctrine pursuant to applicable jurisprudence only if such activities were subject to what has come to be known in relevant antitrust jurisprudence as "active supervision" by the state, the Legislatures finds that the academic medical center and its health care collaboratives are subject to direct and indirect supervision of the Board of Trustees of State Institutions of Higher Learning, which supervision has been, is currently, and is required to continue to be actively exercised by such constitutional body of state government such that, even if such judicial requirement were applied to the academic medical center and its health care collaboratives with respect to application of the state action antitrust immunity doctrine, the academic medical center and each of its health care collaboratives (acting individually or collectively), when exercising its powers under this section and Section 37-115-50.3, shall enjoy immunity from the application of state and federal antitrust laws.
37-115-50.3 (1) In addition to all powers granted in Section 37-115-50.1, subject to any required approval of the Board of Trustees of State Institutions of Higher Learning, the academic medical center and its health care collaboratives (acting individually or collectively) shall be empowered hereunder:
37-115-50.3 (1) In addition to all powers granted in Section 37-115-50.1, subject to any required approval of the Board of Trustees of State Institutions of Higher Learning, the academic medical center and its health care collaboratives (acting S.
(a) To acquire hospitals, health care facilities and other healthcare-related operations and assets, through direct purchase, merger, consolidation, lease or other means;
(b) To form, establish, fund and operate nonprofit corporations, nonprofit limited liability companies, state-sponsored entities or other similar organizations, either directly or through a nonprofit corporation formed by the academic medical center and its health care collaboratives (acting individually or collectively), which are jointly owned with other public or private hospitals, for-profit or nonprofit corporations, or other healthcare-related organizations, for the purpose of conducting activities within or outside of the service area the academic medical center or its health care collaboratives for the benefit of the academic medical center and its health care collaboratives including, but not limited to, joint hospital acquisitions, group purchasing, clinically integrated networks, S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 31 payor contracting, and joint requests for federal and state grants and funding;
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 31 individually or collectively) shall be empowered under this section:
(c) To make capital contributions, loans, debt or equity financing to or for any joint venture or similar arrangement in which the academic medical center and its health care collaboratives (acting individually or collectively), or any nonprofit corporation formed or owned by the academic medical center or one of its health care collaboratives, has or acquires an ownership interest, and to guarantee loans and any other obligations for such purposes;
(a) To acquire hospitals, health care facilities and other health care-related operations and assets, through direct purchase, merger, consolidation, lease or other means;
(b) To form, establish, fund and operate nonprofit corporations, nonprofit limited liability companies, state-sponsored entities or other similar organizations, either directly or through a nonprofit corporation formed by the academic medical center and its health care collaboratives (acting individually or collectively), which are jointly owned with other public or private hospitals, for-profit or nonprofit corporations, or other health care-related organizations, for the purpose of conducting activities within or outside of the service area the academic medical center or its health care collaboratives for the benefit of the academic medical center and its health care collaboratives including, but not limited to, joint hospital acquisitions, group purchasing, clinically integrated networks, payor contracting, and joint requests for federal and state grants and funding;
(c) To make capital contributions, loans, debt or equity financing to or for any joint venture or similar arrangement in which the academic medical center and its health care collaboratives (acting individually or collectively), or any nonprofit corporation formed or owned by the academic medical S.
B.
No.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 32 center or one of its health care collaboratives, has or acquires an ownership interest, and to guarantee loans and any other obligations for such purposes;
(g) To create, establish or support nonaffiliated for-profit or nonprofit corporations or other lawful business organizations that operate and have as their purposes the S.
(g) To create, establish or support nonaffiliated for-profit or nonprofit corporations or other lawful business organizations that operate and have as their purposes the furtherance of the purposes of the academic medical center and its health care collaboratives (acting individually or collectively);
(h) Without limiting the generality of any provisions of this section, to accomplish and facilitate the creation, establishment, acquisition, operation or support of any such subsidiary, affiliate, nonaffiliated corporation or other lawful business organization, by means of loans of funds, acquisition or S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 32 furtherance of the purposes of the academic medical center and its health care collaboratives (acting individually or collectively);
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 33 transfer of assets, leases of real or personal property, gifts and grants of funds or guarantees of indebtedness of such subsidiaries, affiliates and nonaffiliated corporations;
(h) Without limiting the generality of any provisions of this section, to accomplish and facilitate the creation, establishment, acquisition, operation or support of any such subsidiary, affiliate, nonaffiliated corporation or other lawful business organization, by means of loans of funds, acquisition or transfer of assets, leases of real or personal property, gifts and grants of funds or guarantees of indebtedness of such subsidiaries, affiliates and nonaffiliated corporations;
and (i) Subject to the approval of the Board of Trustees of State Institutions of Higher Learning (where applicable), to exercise all powers granted under this section in such a manner as the academic medical center and its health care collaboratives (acting individually or collectively) may determine to be consistent with the purposes of Sections 37-115-50 through 37-115-50.3, including the state action immunity provided by Section 37-115-50.2 from state and federal antitrust laws to the fullest extent possible, notwithstanding that as a consequence of such exercise of such powers it engages in activities that may be deemed "anticompetitive" or which displace competition within the meaning or contemplation of the antitrust laws of this state or of the United States.
(i) Subject to the approval of the Board of Trustees of State Institutions of Higher Learning (where applicable), to exercise all powers granted hereunder in such a manner as the academic medical center and its health care collaboratives (acting individually or collectively) may determine to be consistent with the purposes of this act, including the state action immunity provided by this act from state and federal antitrust laws to the fullest extent possible, notwithstanding that as a consequence of such exercise of such powers it engages in activities that may be deemed "anticompetitive" or which displace competition within the meaning or contemplation of the antitrust laws of this state or of the United States.
It is the intent of the Legislature that this act be liberally construed so as to give effect to the intent, purposes and findings described in this act, and insofar as the S.
It is the intent of the Legislature that this act be liberally construed so as to give effect to the intent, purposes and findings described in this act.
B.
No.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 33 provisions of this act may be inconsistent with the provisions of any other law, the provisions of this act shall be controlling.
(1) No corporation shall acquire directly or indirectly, the whole or any part of the capital stock of any competing corporation doing business in this state, nor directly or indirectly acquire the franchise, plant or equipment of any other competing corporation doing business in this state if such other corporation be engaged in the same kind of business and be a competitor therein, where the effect of such acquisition of stock, franchise, plant or equipment may be to substantially lessen competition or to restrain trade or competition in the state, or any community thereof, or tend to create a monopoly of any line of commerce and will be inimical to public welfare.
(1) No corporation shall acquire directly or indirectly, the whole or any part of the capital stock of any competing corporation doing business in this state, nor directly or indirectly acquire the franchise, plant or equipment of any S.
This section shall not apply to corporations purchasing such stock in payment of an indebtedness, and not using the same by voting, or otherwise, to bring about or attempting to bring about, the substantial lessening of competition.
Provided, however, that fire and marine insurance corporations may own stock in other insurance companies and may be licensed to do business in this state, or authorized to continue business in this state, but the state insurance commissioner may refuse permission to any company to be licensed in the first instance or he may subsequently revoke the license of any company if it appears after notice and hearing S.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS PAGE 34 that to permit one (1) insurance corporation owning stock in a competing corporation to continue to do business in this state would be injurious to, or contrary to the public interest.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 34 other competing corporation doing business in this state if such other corporation be engaged in the same kind of business and be a competitor therein, where the effect of such acquisition of stock, franchise, plant or equipment may be to substantially lessen competition or to restrain trade or competition in the state, or any community thereof, or tend to create a monopoly of any line of commerce and will be inimical to public welfare.
This section shall not apply to corporations purchasing such stock in payment of an indebtedness, and not using the same by voting, or otherwise, to bring about or attempting to bring about, the substantial lessening of competition.
Provided, however, that fire and marine insurance corporations may own stock in other insurance companies and may be licensed to do business in this state, or authorized to continue business in this state, but the state insurance commissioner may refuse permission to any company to be licensed in the first instance or he may subsequently revoke the license of any company if it appears after notice and hearing that to permit one (1) insurance corporation owning stock in a competing corporation to continue to do business in this state would be injurious to, or contrary to the public interest.
(a) A board of trustees of a community hospital acting in accordance with Section 41-13-35(5)(t) through (ee);
(a) Any action taken by a board of trustees of a community hospital if acting in accordance with Section 41-13-35(5)(t) through (ff), including, but not limited to, entering into agreements, collaboratives, mergers and other S.
or (b) The academic medical center and its health care collaboratives acting in accordance with Sections 37-115-50.2 and 37-115-50.3.
B.
No.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 35 similar arrangements with other public or private health care-related organizations, or with for-profit or nonprofit corporations, or other similar organizations;
(b) Any action taken by the academic medical center and its health care collaboratives if acting in accordance with Sections 37-115-50 through 37-115-50.3, including, but not limited to, entering into agreements, collaboratives, mergers and other similar arrangements with other public or private health care-related organizations, or with for-profit or nonprofit corporations, or other similar organizations;
or (c) Any action taken by a private hospital as defined in Section 41-9-305 if acting in accordance with Sections 41-9-301 through 41-9-311.
Section 41-9-301, Mississippi Code of 1972, is amended as follows:
41-9-301.
Sections 41-9-301 through 41-9-311 shall be known and may be cited as the "Rural and Private Hospitals Health Availability Act." SECTION 9.
Section 41-9-303, Mississippi Code of 1972, is amended as follows:
41-9-303.
The Legislature finds and declares the following:
(a) In rural areas, access to health care is limited and the quality of health care is adversely affected by inadequate reimbursement and collection rates and difficulty in recruiting and retaining skilled health professionals.
S.
B.
No.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 36 (b) There is limited, if any, overlap in the geographic service areas of Mississippi rural hospitals.
(c) Rural hospitals' financial stability is threatened by patient migration to general acute care and specialty hospitals in urban areas.
(d) The availability of quality health care in rural areas is essential to the economic and social viability of rural communities.
(e) Cooperative agreements among rural hospitals would improve the availability and quality of health care for Mississippians in rural areas and enhance the likelihood that rural hospitals can remain open.
(f) Cooperative agreements among private hospitals can improve the availability and quality of health care for Mississippians and enhance the overall likelihood that hospitals in the state remain operational and continue to serve their communities.
SECTION 10.
Section 41-9-305, Mississippi Code of 1972, is amended as follows:
41-9-305.
For the purposes of Sections 41-9-301 through 41-9-311, the following terms shall have the following meanings:
(a) "Act" means the Rural and Private Hospitals Health Availability Act.
(b) "Affected person," with respect to any application for a certificate of public advantage, means:
S.
B.
No.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 37 (i) The applicant(s);
(ii) Any person residing within the geographic service area of an applicant;
(iii) Health care purchasers who reimburse health care facilities located in the geographic service area of an applicant;
(iv) Any other person furnishing goods or services to, or in competition with, an applicant;
or (v) Any other person who has notified the department in writing of his interest in applications for certificates of public advantage and has a direct economic interest in the decision.
Notwithstanding the foregoing, persons from other states who would otherwise be considered "affected persons" are not included, unless that other state provides for similar involvement of persons from Mississippi in a similar process in that state.
(c) "Board" means the State Board of Health established under Section * * * 41-3-1.1.
(d) "Certificate of public advantage" means the formal written approval, including any conditions or modifications of a cooperative agreement by the department.
(e) "Cooperative agreement" means a contract, business or financial arrangement, or any other activities or practices among two (2) or more rural hospitals, or involving any private hospital in a rural or nonrural area, for the sharing, allocation, S.
B.
No.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 38 or referral of patients;
the sharing or allocation of personnel, instructional programs, support services and facilities, medical, diagnostic or laboratory facilities, procedures, equipment or other health care services;
the acquisition or merger of assets among or by two (2) or more rural hospitals, or involving any private hospital in a rural or nonrural area, including agreements to negotiate jointly with respect to price or other competitive terms with suppliers.
The term "cooperative agreement" includes any amendments thereto with respect to which a certificate of public advantage has been issued or applied for or with respect to which a certificate of public advantage is not required, unless the context clearly requires otherwise.
(f) "Department" means the State Department of Health created under Section 41-3-15.
(g) "Hospital" has the meaning set forth in Section 41-9-3.
(h) "Private hospital" means any for-profit or nonprofit hospital or hospital system controlled by private parties or in which private parties hold a majority interest.
( * * *i) "Rural area" means an area with a population density of less than one hundred (100) individuals per square mile;
a municipality or county with a population of less than seven thousand five hundred (7,500) individuals;
or an area defined by the most recent United States Census as rural.
S.
B.
No.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 39 ( * * *j) "Rural hospital" means a private or community hospital having at least one (1) but no more than seventy-five (75) licensed acute-care beds that is located in a rural area.
( * * *k) "State" means the State of Mississippi.
( * * *l) "State Health Officer" means the State Health Officer elected by the State Board of Health under Section * * * 41-3-5.1.
The use of a singular term in this section includes the plural of that term, and the use of a plural term in this section includes the singular of that term, unless the context clearly requires another connotation.
SECTION 11.
Section 41-9-307, Mississippi Code of 1972, is amended as follows:
41-9-307.
(1) A rural hospital and any corporation, partnership, joint venture or any other entity, all of whose principals are rural hospitals, may negotiate and enter into cooperative agreements with other such persons in the state, subject to receipt of a certificate of public advantage governing the agreement as provided in this act.
(2) Any private hospital, whether in a rural or nonrural area, and any other corporation, partnership, joint venture or any other entity may negotiate and enter into cooperative agreements with other such persons in the state, subject to receipt of a certificate of public advantage governing the agreement as provided in this act.
S.
B.
No.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 40 ( * * *3) Parties to a cooperative agreement may apply to the department for a certificate of public advantage governing that cooperative agreement.
The application must include an executed written copy of the cooperative agreement and describe the nature and scope of the cooperation in the agreement and any consideration passing to any party under the agreement.
Within thirty (30) days of receipt of the application, the department may request additional information as may be necessary to complete the application.
The applicant has thirty (30) days from the date of the request to submit the additional information.
If the applicant fails to submit the requested information within the thirty-day period, or any extension of time granted by the department, the application is deemed withdrawn.
The department may require an application fee from the submitting parties sufficient to cover the cost of processing the application.
( * * *4) The department shall review the application in accordance with the standards set forth in subsection ( * * *5) of this section.
The department shall give notice of the application to members of the public who reside in the service areas of the applicant hospitals, which may be provided through newspapers of general circulation or public information channels.
If requested by an affected person within thirty (30) days of the giving of the public notice, the department may hold a public hearing in accordance with the rules adopted by the board.
The department shall grant or deny the application within sixty (60) days after S.
B.
No.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 41 receipt of a completed application or from the date of the public hearing, if one is held, and that decision, along with any conditions of approval, must be in writing and must set forth the basis for the decision.
The department may establish conditions for approval that are reasonably necessary to ensure that the cooperative agreement and the activities engaged under it are consistent with the intent of this act and to ensure that the activity is appropriately supervised and regulated by the state.
The department shall furnish a copy of the decision to the applicants and any affected persons who have asked in writing to be notified.
( * * *5) The department shall issue a certificate of public advantage for a cooperative agreement if it determines that:
(a) Each of the parties to the cooperative agreement is a rural hospital or is a corporation, partnership, joint venture or other entity all of whose principals are rural hospitals, or a private hospital is a party to the cooperative agreement;
(b) The geographic service area of the rural hospitals or private hospitals who are parties to the agreement do not overlap significantly;
and (c) The cooperative agreement is likely to result in one or more of the following benefits:
(i) Enhancement of the quality of hospital and hospital-related care provided to Mississippi citizens;
S.
B.
No.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 42 (ii) Preservation of hospital facilities and health care in rural and nonrural areas;
(iii) Gains in the cost-efficiency of services provided by the hospitals involved;
(iv) Encouragement of cost-sharing among the hospitals involved;
(v) Improvements in the utilization of hospital resources and equipment;
or (vi) Avoidance or reduction of duplication of hospital resources or expenses, including administrative expenses.
( * * *6) The department shall actively monitor and regulate agreements approved under this act, and may do so through conditions of approval of a certificate of public advantage, and may request information whenever necessary to ensure that the agreements remain in compliance with the conditions of approval.
The department may charge an annual fee to cover the cost of monitoring and regulating these agreements.
During the time the certificate is in effect, a report on the activities under the cooperative agreement must be filed with the department every two (2) years.
The department shall review the report in order to determine that the cooperative agreement continues to comply with the terms of the certificate of public advantage.
( * * *7) The department shall revoke a certificate of public advantage by giving written notice to each party to a S.
B.
No.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 43 cooperative agreement with respect to which the certificate is being revoked, if it finds that:
(a) The cooperative agreement or activities undertaken by it are not in substantial compliance with the terms of the application or the conditions of approval;
(b) The likely benefits resulting from the cooperative agreement no longer exist;
or (c) The department's approval was obtained as a result of intentional material misrepresentation to the department or as the result of coercion, threats or intimidation toward any party to the cooperative agreement.
( * * *8) The department shall maintain on file all cooperative agreements for which certificates of public advantage remain in effect.
A party to a cooperative agreement who terminates or withdraws from the agreement shall notify the department within fifteen (15) days of the termination or withdrawal.
If all parties terminate their participation in the cooperative agreement, the department shall revoke the certificate of public advantage for the agreement.
( * * *9) The parties to a cooperative agreement with respect to which a certificate of advantage is in effect must notify the department of any proposed amendment to the cooperative agreement, including an amendment to add an additional party but excluding an amendment to remove or to reflect the withdrawal of a party, before the amendment takes effect.
The parties must apply S.
B.
No.
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG PAGE 44 to the department for a certificate of public advantage governing the amendment and the department shall consider and rule on the application in accordance with the procedures applicable to cooperative agreements generally.
( * * *10) The department may promulgate rules and regulations in accordance with the Administrative Procedures Law as in effect from time to time to implement the provisions of this act, including any fees and application costs associated with the monitoring and oversight of cooperative agreements approved under this act.
( * * *11) A dispute among the parties to a cooperative agreement concerning its meaning or terms is governed by the principles of contract law or any other applicable law.
SECTION 12.
2323 *SS08/R1094PS* ~ OFFICIAL ~ 23/SS08/R1094PS ST:
2323 *SS26/R1094SG* ~ OFFICIAL ~ 23/SS26/R1094SG ST:
allow consolidation PAGE 35 and collaboration involving other hospitals.
allow consolidation PAGE 45 and collaboration involving other hospitals.
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Amendments

4 amendments

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Action History

  1. Approved by Governor

  2. Enrolled Bill Signed

  3. Enrolled Bill Signed

  4. Concurred in Amend From House

  5. Returned For Concurrence

  6. Motion to Reconsider Tabled

  7. Motion to Reconsider Entered (Owen, Mims, McGee)

  8. Passed As Amended

  9. Amended

  10. Title Suff Do Pass As Amended

  11. Referred To Public Health and Human Services

  12. Transmitted To House

  13. Passed As Amended

  14. Amended

  15. Committee Substitute Adopted

  16. Title Suff Do Pass Comm Sub

  17. Referred To Public Health and Welfare

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 172 not signed on · 16 voted No

Sponsors (1)

Co-sponsors (2)

  • Branning
  • Jordan

Not signed on (172)

172 members have not signed on to this bill.

Show all 172 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence in Amendment From House

Passed 51 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 17000
Republican 26001
Democrat 8000
Total 51001
% of votes cast 98%0%0%2%
How each member voted (52)
Member Party Vote
Barnett — Yea
Blackmon — Yea
Branning — Yea
Butler A. (36th) — Yea
Butler K. (38th) — Yea
Caughman — Yea
Horhn — Yea
Jackson — Yea
Johnson — Yea
Jordan — Yea
McDaniel — Yea
Moran — Yea
Parker — Yea
Polk — Yea
Sojourner — Yea
Thompson — Yea
Turner-Ford — Yea
David Blount Democrat Yea
Derrick T. Simmons Democrat Yea
Hillman Terome Frazier Democrat Yea
Hob Bryan Democrat Yea
Joseph Thomas Democrat Yea
Rod Hickman Democrat Yea
Sarita Simmons Democrat Yea
Sollie B. Norwood Democrat Yea
Angela Burks Hill Republican Yea
Bart Williams Republican Yea
Benjamin Suber Republican Yea
Brice Wiggins Republican Yea
Briggs Hopson Republican Yea
Chad McMahan Republican Yea
Chuck Younger Republican Yea
Daniel H. Sparks Republican Yea
Dean Kirby Republican Yea
Dennis DeBar, Jr. Republican Yea
J. Walter Michel Republican Yea
Jason Barrett Republican Yea
Jeff Tate Republican Not Voting
Jeremy England Republican Yea
Joel R. Carter, Jr. Republican Yea
Joey Fillingane Republican Yea
Joseph M. Seymour Republican Yea
Josh Harkins Republican Yea
Kathy L. Chism Republican Yea
Kevin Blackwell Republican Yea
Lydia Graves Chassaniol Republican Yea
Michael McLendon Republican Yea
Neil S. Whaley Republican Yea
Nicole Boyd Republican Yea
Rita Potts Parks Republican Yea
Scott DeLano Republican Yea
Tyler McCaughn Republican Yea

Official roll call →

Passage as Amended

Passed 90 Yea · 22 Nay · 9 Other
Party YeaNayPresentNot Voting
Republican 371406
Democrat 27200
Unaffiliated 24603
Independent 2000
Total 902209
% of votes cast 74%18%0%7%
How each member voted (121)
Member Party Vote
Bailey (23rd) — Yea
Bailey — Yea
Bain — Yea
Blackmon — Yea
Boyd (19th) — Yea
Boyd (37th) — Yea
Busby — Yea
Clarke — Yea
Gibbs — Yea
Goodin — Yea
Jackson — Yea
Johnson — Yea
Lancaster — Yea
McLeod — Yea
Paden — Yea
Patterson — Yea
Reynolds — Yea
Robinson — Yea
Stamps — Yea
Straughter — Yea
Thompson — Yea
Walker — Yea
Weathersby — Yea
Mr. Speaker — Yea
Barnett — Nay
Bomgar — Nay
Criswell — Nay
Darnell — Nay
Hopkins — Nay
Miles — Nay
Huddleston — Not Voting
Williamson — Not Voting
Young — Not Voting
Bo Brown Democrat Yea
Bo Brown Democrat Nay
Bob Evans Democrat Yea
Bob Evans Democrat Yea
Bryant W. Clark Democrat Yea
Carl Mickens Democrat Yea
Cedric Burnett Democrat Yea
Cheikh Taylor Democrat Yea
Christopher M. Bell Democrat Yea
Daryl Porter Democrat Yea
Earle S. Banks Democrat Yea
Gregory Holloway, Sr. Democrat Yea
Hester Jackson McCray Democrat Yea
Jeffery Harness Democrat Yea
Jeffrey Hulum III Democrat Yea
Jeramey Anderson Democrat Nay
John G. Faulkner Democrat Yea
John W. Hines, Sr. Democrat Yea
Kabir Karriem Democrat Yea
Omeria Scott Democrat Yea
Oscar Denton Democrat Yea
Otis Anthony Democrat Yea
Percy W. Watson Democrat Yea
Robert L. Sanders Democrat Yea
Ronnie C. Crudup Democrat Yea
Solomon C. Osborne Democrat Yea
Stephanie Foster Democrat Yea
Tracey T. Rosebud Democrat Yea
Zakiya Summers Democrat Yea
Angela Cockerham Independent Yea
Shanda Yates Independent Yea
Becky Currie Republican Nay
Bill Kinkade Republican Yea
Bill Pigott Republican Nay
Billy Adam Calvert Republican Yea
Brent Anderson Republican Yea
Brent Powell Republican Yea
C. Scott Bounds Republican Yea
Carolyn Crawford Republican Nay
Casey Eure Republican Yea
Clay Deweese Republican Yea
Dan Eubanks Republican Nay
Dana McLean Republican Nay
Donnie Bell Republican Yea
Donnie Scoggin Republican Yea
Fred Shanks Republican Yea
Gene Newman Republican Yea
Greg Haney Republican Yea
Henry Zuber III Republican Yea
Jansen Owen Republican Nay
Jason White Republican Yea
Jay McKnight Republican Nay
Jeff Hale Republican Yea
Jeffrey S. Guice Republican Yea
Jerry R. Turner Republican Not Voting
Jill Ford Republican Nay
Jody Steverson Republican Yea
Joey Hood Republican Yea
John Read Republican Yea
John Thomas "Trey" Lamar, III Republican Yea
Joseph Tubb Republican Nay
Karl Oliver Republican Yea
Ken Morgan Republican Nay
Kent McCarty Republican Nay
Kevin Felsher Republican Nay
Kevin Ford Republican Yea
Kevin Horan Republican Yea
Larry Byrd Republican Yea
Lee Yancey Republican Yea
Lester Carpenter Republican Yea
Manly Barton Republican Yea
Mark Tullos Republican Not Voting
Missy McGee Republican Yea
Noah Sanford Republican Not Voting
Price Wallace Republican Yea
Randy Rushing Republican Yea
Richard Bennett Republican Nay
Rob Roberson Republican Yea
Sam C. Mims, V Republican Not Voting
Sam Creekmore IV Republican Yea
Shane Aguirre Republican Yea
Stacey Hobgood-Wilkes Republican Not Voting
Stephen A. Horne Republican Yea
Steve Massengill Republican Yea
Timmy Ladner Republican Yea
Troy Smith Republican Nay
Vince Mangold Republican Yea
William Tracy Arnold Republican Not Voting

Official roll call →

Passage as Amended

Passed 48 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 15002
Republican 25002
Democrat 8000
Total 48004
% of votes cast 92%0%0%8%
How each member voted (52)
Member Party Vote
Barnett — Yea
Blackmon — Yea
Branning — Yea
Butler A. (36th) — Yea
Butler K. (38th) — Yea
Caughman — Yea
Horhn — Yea
Jackson — Yea
Johnson — Yea
Jordan — Yea
McDaniel — Yea
Polk — Yea
Sojourner — Yea
Thompson — Yea
Turner-Ford — Yea
Moran — Not Voting
Parker — Not Voting
David Blount Democrat Yea
Derrick T. Simmons Democrat Yea
Hillman Terome Frazier Democrat Yea
Hob Bryan Democrat Yea
Joseph Thomas Democrat Yea
Rod Hickman Democrat Yea
Sarita Simmons Democrat Yea
Sollie B. Norwood Democrat Yea
Angela Burks Hill Republican Yea
Bart Williams Republican Yea
Benjamin Suber Republican Yea
Brice Wiggins Republican Yea
Briggs Hopson Republican Yea
Chad McMahan Republican Yea
Chuck Younger Republican Yea
Daniel H. Sparks Republican Yea
Dean Kirby Republican Yea
Dennis DeBar, Jr. Republican Yea
J. Walter Michel Republican Yea
Jason Barrett Republican Yea
Jeff Tate Republican Not Voting
Jeremy England Republican Yea
Joel R. Carter, Jr. Republican Yea
Joey Fillingane Republican Yea
Joseph M. Seymour Republican Yea
Josh Harkins Republican Yea
Kathy L. Chism Republican Not Voting
Kevin Blackwell Republican Yea
Lydia Graves Chassaniol Republican Yea
Michael McLendon Republican Yea
Neil S. Whaley Republican Yea
Nicole Boyd Republican Yea
Rita Potts Parks Republican Yea
Scott DeLano Republican Yea
Tyler McCaughn Republican Yea

Official roll call →

Subjects

public-safety healthcare
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Frequently asked questions

Who sponsors SB 2323?
SB 2323 is sponsored by Joey Fillingane (Republican), Branning, and Jordan.
What is the current status of SB 2323?
This bill has been enacted into law. Introduced January 16, 2023. Enacted.
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