Chapter 1. Mississippi Department of Public Health [Repealed]

§§ 41-1-1 through 41-1-17. Repealed.

Repealed by Laws 1982, ch. 494, § 16, eff from and after July 1, 1982.

[Codes, 1906, §§ 1640-1647; Hemingway’s 1917, §§ 4818-4824; 1930, §§ 4860-4867; 1942, §§ 7016-7023.5; Laws, 1897, ch. 15; Laws, 1970, ch. 363, § 4]

Editor’s Notes —

Former §§41-1-1 through41-1-17 created the Mississippi Department of Public Health.

Chapter 3. State Board of Health; Local Health Boards and Officers

In General

§ 41-3-1. Repealed.

Repealed by Laws, 2007, ch. 514, § 1, eff March 30, 2007.

§41-3-1. [Codes, 1892, § 2267; 1906, § 2482; Hemingway’s 1917, § 4831; 1930, § 4868; 1942, § 7024; Laws, 1926, ch. 310; Laws, 1960, ch. 351, § 1; Laws, 1966, ch. 456, § 1; Laws, 1972, ch. 336, § 1; Laws, 1977, ch. 377; Laws, 1980, ch. 465, § 1; reenacted without change, Laws, 1982, ch. 494, § 1; reenacted, Laws, 1990, ch. 568, § 1; reenacted without change, Laws, 1994, ch. 462, § 1; reenacted, Laws, 1995, ch. 363, § 1; reenacted without change, Laws, 2001, ch. 420, § 1; Laws, 2003, ch. 542, § 1, eff from and after July 1, 2003.]

Editor’s Notes —

Former §41-3-1 provided for the organization of the State Board of Health. For reconstitution of the State Board of Health, see §41-3-1.1.

RESEARCH REFERENCES

Am. Jur.

39 Am. Jur. 2d, Health §§ 1 et seq.

CJS.

39A C.J.S., Health and Environment §§ 9 et seq.

Practice References.

Health Care Administration Library (CD-ROM) (Matthew Bender).

Foley and Lardner, Health Care Law Sourcebook: A Compendium of Federal Laws, Regulatory and Documents Relating to Health Care (Matthew Bender).

§ 41-3-1.1. Reconstitution of State Board of Health; qualifications, appointment, and terms of members; statement of economic interest; recusal from participation in certain matters [Repealed effective July 1, 2021].

  1. The State Board of Health is continued and reconstituted as follows:

    There is created the State Board of Health which, from and after March 30, 2007, shall consist of eleven (11) members appointed with the advice and consent of the Senate, as follows:

    1. Five (5) members of the board shall be currently licensed physicians of good professional standing who have had at least seven (7) years’ experience in the practice of medicine in this state. Three (3) members shall be appointed by the Governor, one (1) member shall be appointed by the Lieutenant Governor, and one (1) member shall be appointed by the Attorney General, in the manner provided in paragraph (d) of this subsection (1).
    2. Six (6) members of the board shall be individuals who have a background in public health or an interest in public health who are not currently or formerly licensed physicians. Four (4) of those members shall be appointed by the Governor, one (1) of those members shall be appointed by the Lieutenant Governor, and one (1) of those members shall be appointed by the Attorney General, in the manner provided in paragraph (d) of this subsection (1).
    3. The Governor, Lieutenant Governor and Attorney General shall give due regard to geographic distribution, race and gender in making their appointments to the board. It is the intent of the Legislature that the membership of the board reflect the population of the State of Mississippi. Of the Governor’s appointments, one (1) member of the board shall be appointed from each of the four (4) congressional districts as constituted on June 30, 2007, and one (1) member of the board shall be appointed from each of the three (3) Supreme Court districts as constituted on June 30, 2007. Of the Lieutenant Governor’s appointments, one (1) member of the board shall be appointed from the First Congressional District and one (1) member of the board shall be appointed from the Fourth Congressional District as constituted on June 30, 2007. Of the Attorney General’s appointments, one (1) member of the board shall be appointed from the Second Congressional District and one (1) member of the board shall be appointed from the Third Congressional District as constituted on June 30, 2007.
    4. The initial members of the board shall be appointed for staggered terms, as follows: Of the Governor’s appointments, two (2) members shall be appointed for terms that end on June 30, 2009; two (2) members shall be appointed for terms that end on June 30, 2011; and three (3) members shall be appointed for terms that end on June 30, 2013. Of the Lieutenant Governor’s appointments, one (1) member shall be appointed for a term that ends on June 30, 2009; and one (1) member shall be appointed for a term that ends on June 30, 2013. Of the Attorney General’s appointments, one (1) member shall be appointed for a term that ends on June 30, 2009; and one (1) member shall be appointed for a term that ends on June 30, 2011.

      A member of the board serving before January 1, 2007, shall be eligible for reappointment to the reconstituted board unless the person is disqualified under subsection (4) of this section.

  2. At the expiration of the terms of the initial members, all members of the board shall be appointed by the Governor, in the same manner and from the same districts prescribed in subsection (1) of this section, for terms of six (6) years from the expiration of the previous term and thereafter until his or her successor is duly appointed. Vacancies in office shall be filled by appointment in the same manner as the appointment to the position that becomes vacant, subject to the advice and consent of the Senate at the next regular session of the Legislature. An appointment to fill a vacancy other than by expiration of a term of office shall be for the balance of the unexpired term and thereafter until his or her successor is duly appointed.
  3. The Lieutenant Governor may designate one (1) Senator and the Speaker of the House of Representatives may designate one (1) Representative to attend any meeting of the State Board of Health. The appointing authorities may designate alternate members from their respective houses to serve when the regular designees are unable to attend the meetings of the board. Those legislative designees shall have no jurisdiction or vote on any matter within the jurisdiction of the board. For attending meetings of the board, the legislators shall receive per diem and expenses, which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem and expenses for attending meetings of the board will be paid while the Legislature is in session. No per diem and expenses will be paid except for attending meetings of the board without prior approval of the proper committee in their respective houses.
    1. All members of the State Board of Health shall file with the Mississippi Ethics Commission, before the first day of May each year, the statement of economic interest as required by Sections 25-4-25 through 25-4-29.
    2. No member of the board shall participate in any action by the board or department if that action could have any monetary effect on any business with which that member is associated, as defined in Section 25-4-103.
    3. When any matter in which a member may not participate comes before the board or department, that member must fully recuse himself or herself from the entire matter. The member shall avoid debating, discussing or taking action on the subject matter during official meetings or deliberations by leaving the meeting room before the matter comes before the board and by returning only after the discussion, vote or other action is completed. The member shall not discuss the matter with other members, department staff or any other person. Any minutes or other record of the meeting shall accurately reflect the recusal. If a member is uncertain whether recusal is required, the member shall follow the determination of the Mississippi Ethics Commission. The commission may delegate that determination to its executive director.
    4. Upon a determination by the board or by any court of competent jurisdiction that a member of the board has violated the provisions of this subsection (4) regarding recusal, the member shall be removed from office. Any member of the board who violates the provisions of this section regarding recusal also shall be subject to the penalties set forth in Sections 25-4-109 through 25-4-117. After removal from office, the member shall not be eligible for appointment to any agency, board or commission of the state for a period of two (2) years. Nothing in this section shall be construed to limit the restrictions codified in Section 25-4-105.

HISTORY: Laws, 2007, ch. 514, § 2; reenacted without change, Laws, 2010, ch. 505, § 1; reenacted without change, Laws, 2014, ch. 352, § 1; reenacted without change, Laws, 2017, ch. 374, § 1, eff from and after July 1, 2017.

Editor’s Notes —

For repeal date of this section, see §41-3-20.

Laws of 2007, ch. 514, § 22 provides as follows:

“SECTION 22. This act shall take effect and be in force from and after June 30, 2007, except for Sections 1 and 2 and Sections 13 through 18, which shall take effect and be in force from and after the passage of this act.” Laws of 2007, ch. 514 was approved on March 30, 2007.

Laws of 2010, ch. 556, § 1, provides:

“SECTION 1. Section 18 of House Bill No. 211 (Regular Session) [Chapter 505] is amended to read:

“Section 18. This act shall take effect and be in force from and after May 1, 2010.”

Amendment Notes —

The 2010 amendment reenacted the section without change.

The 2014 amendment reenacted this section without change.

The 2017 amendment reenacted the section without change.

Cross References —

Mississippi Ethics Commission generally, see §§25-4-1 et seq.

Conflicts of interest generally, see §§25-4-101 et seq.

Executive officer to head State Board of Health, see §41-3-5.1.

General powers and duties of executive officer, see §41-3-15.

General powers and duties of the State Board of Health, see §41-3-15.

Duties of department as lead agency for Early Intervention Act for Infants and Toddlers, see §§41-87-1 et seq.

Duties and responsibilities of state board of health in the regulation of hearing aid dealers, see §§73-14-1 et seq.

Powers and duties of the State Board of Health with respect to the Mississippi Occupational Therapy Practice Act, see §73-24-1 et. seq.

§ 41-3-3. Oath of members [Repealed effective July 1, 2021].

Each person appointed as a member of the State Board of Health shall immediately take the oath prescribed by Section 268 of the Constitution and file a certificate thereof in the Office of the Secretary of State. Thereupon a commission shall be issued to him under the terms as specified in Section 41-3-1.

HISTORY: Codes, 1892, § 2268; 1906, § 2483; Hemingway’s 1917, § 4832; 1930, § 4869; 1942, § 7025; Laws, 1924, ch. 313; reenacted without change, Laws, 1982, ch. 494, § 2; reenacted, Laws, 1990, ch. 568, § 2; reenacted without change, Laws, 1994, ch. 462, § 2; reenacted, Laws, 1995, ch. 363, § 2; reenacted without change, Laws, 2001, ch. 420, § 2; reenacted without change, Laws, 2007, ch. 514, § 3; reenacted without change, Laws, 2010, ch. 505, § 2; reenacted without change, Laws, 2014, ch. 352, § 2; reenacted without change, Laws, 2017, ch. 374, § 2, eff from and after July 1, 2017.

Editor’s Notes —

For repeal date of this section, see §41-3-20.

Laws of 2007, ch. 514, § 22 provides as follows:

“SECTION 22. This act shall take effect and be in force from and after June 30, 2007, except for Sections 1 and 2 and Sections 13 through 18, which shall take effect and be in force from and after the passage of this act.” Laws of 2007, ch. 514 was approved on March 30, 2007.

Laws of 2010, ch. 556, § 1, provides:

“SECTION 1. Section 18 of House Bill No. 211 (Regular Session) [Chapter 505] is amended to read:

“Section 18. This act shall take effect and be in force from and after May 1, 2010.”

Section 41-3-1 referred to in the last sentence was repealed by Laws, 2007, ch. 514, § 1, effective March 30, 2007. For reconstitution of the State Board of Health, see § 41–3–1.1.

Amendment Notes —

The 2007 amendment reenacted the section without change.

The 2010 amendment reenacted the section without change.

The 2014 amendment reenacted this section without change.

The 2017 amendment reenacted the section without change.

Cross References —

Official oath, generally, see §§25-1-9,25-1-11.

§ 41-3-4. Chairman and vice-chairman; meetings; automatic termination of members’ terms of office for nonattendance; compensation [Repealed effective July 1, 2021].

  1. There shall be a Chairman and Vice Chairman of the State Board of Health elected by and from its membership at the first meeting of the board; and the chairman shall be the presiding officer of the board. The chairman shall always be a physician member of the board. The board shall adopt rules and regulations governing times and places for meetings, and governing the manner of conducting its business. The board shall meet not less frequently than once each quarter, and at such other times as determined to be necessary. The term of office of any member who does not attend three (3) consecutive regular meetings of the board shall be automatically terminated, and the position shall be considered as vacant, except in cases of the serious illness of a board member or of his or her immediate family member. All meetings of the board shall be called by the chairman or by a majority of the members of the board, except the first meeting of the initial members of the reconstituted board, which shall be called by the Governor.
  2. The members of the board shall receive no annual salary but shall receive per diem compensation as is authorized by law for each day devoted to the discharge of official board duties and shall be entitled to reimbursement for all actual and necessary expenses incurred in the discharge of their duties, including mileage as authorized by Section 25-3-41.

HISTORY: Laws, 1980, ch. 465, § 2; Laws, 1980, ch. 560, § 31; reenacted without change, Laws, 1982, ch. 494, § 3; reenacted, Laws, 1990, ch. 568, § 3; reenacted without change, Laws, 1994, ch. 462, § 3; reenacted, Laws, 1995, ch. 363, § 3; reenacted without change, Laws, 2001, ch. 420, § 3; reenacted and amended, Laws, 2007, ch. 514, § 4; reenacted without change, Laws, 2010, ch. 505, § 3; reenacted without change, Laws, 2014, ch. 352, § 3; reenacted without change, Laws, 2017, ch. 374, § 3, eff from and after July 1, 2017.

Editor’s Notes —

For repeal date of this section, see §41-3-20.

Laws of 2007, ch. 514, § 22 provides as follows:

“SECTION 22. This act shall take effect and be in force from and after June 30, 2007, except for Sections 1 and 2 and Sections 13 through 18, which shall take effect and be in force from and after the passage of this act.” Laws of 2007, ch. 514 was approved on March 30, 2007.

Laws of 2010, ch. 556, § 1, provides:

“SECTION 1. Section 18 of House Bill No. 211 (Regular Session) [Chapter 505] is amended to read:

“Section 18. This act shall take effect and be in force from and after May 1, 2010.”

Amendment Notes —

The 2007 amendment reenacted and amended the section by, in (1), adding the second and fourth sentences, rewriting the fifth sentence, and substituting “initial members of the reconstituted board” for “original appointees” in the last sentence.

The 2010 amendment reenacted the section without change.

The 2014 amendment reenacted this section without change.

The 2017 amendment reenacted the section without change.

Cross References —

For provision authorizing uniform per diem compensation of officers and employees of state boards, commissions and the like, see §25-3-69.

§ 41-3-5. Repealed.

Repealed by Laws of 2007, ch. 514, § 1, eff June 30, 2007.

§41-3-5. [Codes, 1892, § 2269; 1906, § 2484; Hemingway’s 1917, § 4833; 1930, § 4870; 1942, § 7026; Laws, 1924, ch. 313; Laws, 1944, ch. 270; Laws, 1948, ch. 395, § 1; Laws, 1958, ch. 360; Laws, 1966, ch. 445, § 19; Laws, 1977, ch. 404; Laws, 1978, ch. 520, § 10; Laws, 1980, ch. 465, § 3; reenacted and amended, Laws, 1982, ch. 494, § 4; reenacted, Laws, 1990, ch. 568, § 4; reenacted without change, Laws, 1994, ch. 462, § 4; reenacted, Laws, 1995, ch. 363, § 4; reenacted without change, Laws, 2001, ch. 420, § 4, eff from and after June 30, 2001.]

Editor’s Notes —

Former §41-3-5 related to the election, qualifications, authority and responsibilities of the executive officer of the State Board of Health.

§ 41-3-5.1. Executive officer; qualifications; term of office; removal [Repealed effective July 1, 2021].

The State Department of Health shall be headed by an executive officer who shall be appointed by the State Board of Health. The executive officer shall be either a physician who has earned a graduate degree in public health or health care administration, or a physician who in the opinion of the board is fitted and equipped to execute the duties incumbent upon him or her by law. The executive officer shall not engage in the private practice of medicine. The term of office of the executive officer shall be six (6) years, and the executive officer may be removed for cause by majority vote of the members of the board. The executive officer shall be subject to such rules and regulations as may be prescribed by the State Board of Health. The executive officer shall be the State Health Officer with such authority and responsibility as is prescribed by law.

HISTORY: Laws, 2007, ch. 514, § 5; reenacted without change, Laws, 2010, ch. 505, § 4; reenacted without change, Laws, 2014, ch. 352, § 4; reenacted without change, Laws, 2017, ch. 374, § 4, eff from and after July 1, 2017.

Editor’s Notes —

For repeal date of this section, see §41-3-20.

Laws of 2007, ch. 514, § 22 provides as follows:

“SECTION 22. This act shall take effect and be in force from and after June 30, 2007, except for Sections 1 and 2 and Sections 13 through 18, which shall take effect and be in force from and after the passage of this act.” Laws of 2007, ch. 514 was approved on March 30, 2007.

Laws of 2010, ch. 556, § 1, provides:

“SECTION 1. Section 18 of House Bill No. 211 (Regular Session) [Chapter 505] is amended to read:

“Section 18. This act shall take effect and be in force from and after May 1, 2010.”

Amendment Notes —

The 2010 amendment reenacted the section without change.

The 2014 amendment reenacted this section without change.

The 2017 amendment reenacted the section without change.

Cross References —

General powers and duties of executive officer of the state department of health, see §41-3-15.

Power of the executive officer of the board of health to appoint a county health officer, see §41-3-37.

Reports of communicable and infectious diseases, see §41-23-1.

General powers of director under Safe Drinking Water Law of 1976, see §41-26-19.

Tuberculosis control, see §§41-33-1 et seq.

§ 41-3-6. State Board of Health to review existing legislation pertaining to public health and to submit new legislation [Repealed effective July 1, 2021].

It shall be the duty of the State Board of Health to review the statutes of the State of Mississippi affecting public health and submit at least thirty (30) days prior to each regular session of the Legislature any proposed legislation as may be necessary to enhance the effective and efficient delivery of public health services and to bring existing statutes into compliance with modern technology and terminology. The board shall formulate a plan for consolidating and reorganizing existing state agencies having responsibilities in the field of public health to eliminate any needless duplication in services which may be found to exist. In carrying out the provisions of this section, the State Board of Health shall cooperate with and may utilize the services, facilities and personnel of any department or agency of the state, any private citizen task force and the committees on public health of both houses of the Legislature. The State Board of Health is authorized to apply for and expend funds made available to it by grant from any source in order to perform its responsibilities under this section.

HISTORY: Laws, 1980, ch. 465, § 4; reenacted without change, 1982, ch. 494, § 5; reenacted, Laws, 1990, ch. 568, § 5; reenacted without change, Laws, 1994, ch. 462, § 5; reenacted, Laws, 1995, ch. 363, § 5; reenacted without change, Laws, 2001, ch. 420, § 5; reenacted without change, Laws, 2007, ch. 514, § 6; reenacted without change, Laws, 2010, ch. 505, § 5; reenacted without change, Laws, 2014, ch. 352, § 5; reenacted without change, Laws, 2017, ch. 374, § 5, eff from and after July 1, 2017.

Editor’s Notes —

For repeal date of this section, see §41-3-20.

Laws of 2007, ch. 514, § 22 provides as follows:

“SECTION 22. This act shall take effect and be in force from and after June 30, 2007, except for Sections 1 and 2 and Sections 13 through 18, which shall take effect and be in force from and after the passage of this act.” Laws of 2007, ch. 514 was approved on March 30, 2007.

Laws of 2010, ch. 556, § 1, provides:

“SECTION 1. Section 18 of House Bill No. 211 (Regular Session) [Chapter 505] is amended to read:

“Section 18. This act shall take effect and be in force from and after May 1, 2010.”

Amendment Notes —

The 2007 amendment reenacted the section without change.

The 2010 amendment reenacted the section without change.

The 2014 amendment reenacted this section without change.

The 2017 amendment reenacted the section without change.

§ 41-3-7. Repealed.

Repealed by Laws 1982, ch. 494, § 16, eff from and after July 1, 1982.

[Codes, 1892, § 2279; 1906, §§ 2485, 2497; Hemingway’s 1917, §§ 4834, 4846; 1930, §§ 4871, 4883; 1942, §§ 7027, 7039; Laws, 1896, ch. 68; Laws, 1898, p. 93; Laws, 1976, ch. 388; Laws, 1980, ch. 458, § 4]

Editor’s Notes —

Former §41-3-7 authorized the establishment of a state board of medical licensure executive committee.

§§ 41-3-9 and 41-3-11. Repealed.

Repealed by Laws, 1980, ch. 465, § 6, eff from and after July 1, 1980.

§41-3-9. [Laws, 1960, ch. 351, § 1; Laws, 1966, 456, § 1]

§41-3-11. [Codes 1892, § 2270; 1906, § 2486; Hemingway’s 1917, § 4835; 1930, § 4872; 1942, § 7028]

Editor’s Notes —

Former §41-3-9 required the Governor to appoint a milk advisory committee to advise with the State Board of Health on regulations for the production, handling and processing of milk and milk products.

Former §41-3-11 related to meetings of the State Board of Health.

§ 41-3-13. Findings; WISEWOMAN and WISEMAN pilot programs established to reduce the incidences of certain chronic diseases among Mississippians through education, prevention and early screening and detection.

  1. The Legislature makes the following findings:
    1. Chronic diseases are among the most prevalent, costly and preventable of all health problems.
    2. Screening tests are currently available that can detect heart disease, breast cancer, cervical cancer, colorectal cancer, prostate cancer and other chronic diseases early, when they can be most effectively treated, managed or controlled.
    3. The risk factors for many chronic diseases can be addressed and reduced through education about those risk factors and the importance of actions that can be taken for prevention of chronic diseases.
    4. People should partner with their health care providers to have their risk factors assessed, monitored and managed in accordance with national guidelines, and should be educated about the signs and symptoms of heart attack and stroke and the importance of getting help quickly at the onset of those symptoms.
    5. Mississippi should have programs that are specifically designed to reduce the incidences of chronic diseases among our population.
  2. The State Department of Health is authorized in its discretion to establish the WISEWOMAN pilot program and the WISEMAN pilot program, the purposes and goals of which are to reduce the incidences of certain chronic diseases among Mississippians through education, prevention and early screening and detection. The pilot program shall be conditioned upon the availability of funds obtained for such purpose from public or private sources. The focus of the WISEWOMAN pilot program shall be heart disease, stroke, breast cancer, cervical cancer and colorectal cancer in women, and the focus of the WISEMAN pilot program shall be heart disease, stroke, prostate cancer, colorectal cancer and diabetes in men. At a minimum, the WISEWOMAN and WISEMAN pilot programs shall:
    1. Provide for education about healthy behaviors and how to reduce the risk factors for those chronic diseases;
    2. Provide for screening and testing to detect those chronic diseases early when they can be effectively treated, managed or controlled; and
    3. Be directed toward those populations at greatest need and be based on a foundation of scientific evidence.
  3. In implementing the WISEWOMAN and WISEMAN pilot programs, the department shall contract with public or private clinics or agencies that have demonstrated success in reducing incidences of those chronic diseases through education, prevention and early screening and detection.
  4. The department shall seek and apply for grants from the Centers for Disease Control and Prevention and other public or private entities to obtain funding for the WISEWOMAN and WISEMAN pilot programs.

HISTORY: Laws, 2010, ch. 505, § 14, eff from and after May 1, 2010. See Editor’s Note.

Editor’s Notes —

This section was added by Laws of 2010, ch. 505, effective from and after July 1, 2010. The effective date of Laws of 2010, ch. 505, was subsequently amended by Laws of 2010, ch. 556, § 1, which provides:

“SECTION 1. Section 18 of House Bill No. 211 (Regular Session) [Chapter 505] is amended to read:

“Section 18. This act shall take effect and be in force from and after May 1, 2010.”

A former §41-3-13 [Codes, 1892, §§ 2282-2284; 1906, §§ 2506-2508; Hemingway’s 1917, §§ 4855-4857; 1930, §§ 4892-4894; 1942, §§ 7048-7050; Laws, 1960, ch. 351, §§ 2, 3], which related to the compensation and expenses of members of the State Board of Health and the milk advisory committee and provided for the method of payment, was repealed by Laws of 1980, ch. 465, § 6, effective from and after July 1, 1980.

Laws of 2011, ch. 543, § 1, effective April 26, 2011, provides:

“SECTION 1. (1) There is created an advisory committee to study and provide recommendations to the Legislature regarding the areas of this state that are underserved in the retail availability of fresh fruits and vegetables and other healthy foods and the impact of the limited retail availability of such foods on proper nutrition and on obesity and related chronic illnesses, including heart attacks and diabetes.

“(2) The advisory committee shall consist of the following fifteen (15) members:

“(a) The State Health Officer, or his designee;

“(b) The Executive Director of the Division of Medicaid, or his designee;

“(c) One (1) person who is a member of a county board of supervisors, to be appointed by the Lieutenant Governor;

“(d) One (1) person who is a mayor of a municipality, to be appointed by the Speaker of the House of Representatives;

“(e) The Commissioner of Agriculture and Commerce, or his designee;

“(f) The Executive Director of the Department of Human Services, or his designee;

“(g) The Chairman of the House Public Health and Human Services Committee;

“(h) The Chairman of the Senate Public Health and Welfare Committee;

“(i) The Chairman of the House Agriculture Committee;

“(j) The Chairman of the Senate Agriculture Committee;

“(k) Two (2) other members of the House of Representatives, to be appointed by the Speaker of the House of Representatives;

“( l ) Two (2) other members of the Senate, to be appointed by the Lieutenant Governor; and

“(m) A registered dietitian or nutritionist, appointed by the Governor.

“(3) In appointing members of the advisory committee, an appointing authority shall ensure that the members reflect the diversity of this state, with members representing:

“(a) Rural areas;

“(b) Urban areas; and

“(c) Different geographical regions of the state.

“(4) An advisory committee member is not entitled to reimbursement of expenses or to compensation.

“(5) The advisory committee shall meet not later than sixty (60) days after the effective date of this act and shall select a chairman. The committee shall meet regularly as necessary at the call of the chairman.

“(6) The advisory committee shall:

“(a) Investigate the retail availability of fresh fruits and vegetables and other healthy foods in this state;

“(b) Develop recommendations for creating and a plan for implementing a statewide financing program to bring fresh food retailers into areas of this state that are underserved in regard to the retail availability of fresh fruits and vegetables and other healthy foods; and

“(c) Perform other advisory duties regarding the availability of fresh fruits and vegetables and other healthy foods in this state.

“(7) The advisory committee shall submit a report to the Legislature not later than December 1, 2011, providing information relating to:

“(a) The costs, benefits, and feasibility of a statewide financing program to bring fresh food retailers into areas of this state that are underserved in regard to the retail availability of fresh fruits and vegetables and other healthy foods; and

“(b) A plan for implementing the program.

“(8) To effectuate the work of the advisory committee, any department, division, board, bureau, commission or agency of the state or of any political subdivision thereof, at the request of the chair of the committee, shall provide to the committee the facilities, staff assistance and data as will enable it to properly carry out its task.

“(9) The advisory committee shall be dissolved upon the presentation of its report to the Legislature.”

§ 41-3-15. General powers, duties and authority of State Board of Health; certain specific powers of State Department of Health; general powers and duties of executive director; establishment of office of rural health [Repealed effective July 1, 2020; Repealed effective July 1, 2021; see Editor’s note].

    1. There shall be a State Department of Health.
    2. The State Board of Health shall have the following powers and duties:
      1. To formulate the policy of the State Department of Health regarding public health matters within the jurisdiction of the department;
      2. To adopt, modify, repeal and promulgate, after due notice and hearing, and enforce rules and regulations implementing or effectuating the powers and duties of the department under any and all statutes within the department’s jurisdiction, and as the board may deem necessary;
      3. To apply for, receive, accept and expend any federal or state funds or contributions, gifts, trusts, devises, bequests, grants, endowments or funds from any other source or transfers of property of any kind;
      4. To enter into, and to authorize the executive officer to execute contracts, grants and cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the provisions of this chapter, if it finds those actions to be in the public interest and the contracts or agreements do not have a financial cost that exceeds the amounts appropriated for those purposes by the Legislature;
      5. To appoint, upon recommendation of the Executive Officer of the State Department of Health, a Director of Internal Audit who shall be either a Certified Public Accountant or Certified Internal Auditor, and whose employment shall be continued at the discretion of the board, and who shall report directly to the board, or its designee; and
      6. To discharge such other duties, responsibilities and powers as are necessary to implement the provisions of this chapter.
    3. The Executive Officer of the State Department of Health shall have the following powers and duties:
      1. To administer the policies of the State Board of Health within the authority granted by the board;
      2. To supervise and direct all administrative and technical activities of the department, except that the department’s internal auditor shall be subject to the sole supervision and direction of the board;
      3. To organize the administrative units of the department in accordance with the plan adopted by the board and, with board approval, alter the organizational plan and reassign responsibilities as he or she may deem necessary to carry out the policies of the board;
      4. To coordinate the activities of the various offices of the department;
      5. To employ, subject to regulations of the State Personnel Board, qualified professional personnel in the subject matter or fields of each office, and such other technical and clerical staff as may be required for the operation of the department. The executive officer shall be the appointing authority for the department, and shall have the power to delegate the authority to appoint or dismiss employees to appropriate subordinates, subject to the rules and regulations of the State Personnel Board;
      6. To recommend to the board such studies and investigations as he or she may deem appropriate, and to carry out the approved recommendations in conjunction with the various offices;
      7. To prepare and deliver to the Legislature and the Governor on or before January 1 of each year, and at such other times as may be required by the Legislature or Governor, a full report of the work of the department and the offices thereof, including a detailed statement of expenditures of the department and any recommendations the board may have;
      8. To prepare and deliver to the Chairmen of the Public Health and Welfare/Human Services Committees of the Senate and House on or before January 1 of each year, a plan for monitoring infant mortality in Mississippi and a full report of the work of the department on reducing Mississippi’s infant mortality and morbidity rates and improving the status of maternal and infant health; and
      9. To enter into contracts, grants and cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the provisions of this chapter, if he or she finds those actions to be in the public interest and the contracts or agreements do not have a financial cost that exceeds the amounts appropriated for those purposes by the Legislature. Each contract or agreement entered into by the executive officer shall be submitted to the board before its next meeting.
  1. The State Board of Health shall have the authority to establish an Office of Rural Health within the department. The duties and responsibilities of this office shall include the following:
    1. To collect and evaluate data on rural health conditions and needs;
    2. To engage in policy analysis, policy development and economic impact studies with regard to rural health issues;
    3. To develop and implement plans and provide technical assistance to enable community health systems to respond to various changes in their circumstances;
    4. To plan and assist in professional recruitment and retention of medical professionals and assistants; and
    5. To establish information clearinghouses to improve access to and sharing of rural health care information.
  2. The State Board of Health shall have general supervision of the health interests of the people of the state and to exercise the rights, powers and duties of those acts which it is authorized by law to enforce.
  3. The State Board of Health shall have authority:
    1. To make investigations and inquiries with respect to the causes of disease and death, and to investigate the effect of environment, including conditions of employment and other conditions that may affect health, and to make such other investigations as it may deem necessary for the preservation and improvement of health.
    2. To make such sanitary investigations as it may, from time to time, deem necessary for the protection and improvement of health and to investigate nuisance questions that affect the security of life and health within the state.
    3. To direct and control sanitary and quarantine measures for dealing with all diseases within the state possible to suppress same and prevent their spread.
    4. To obtain, collect and preserve such information relative to mortality, morbidity, disease and health as may be useful in the discharge of its duties or may contribute to the prevention of disease or the promotion of health in this state.
    5. To charge and collect reasonable fees for health services, including immunizations, inspections and related activities, and the board shall charge fees for those services; however, if it is determined that a person receiving services is unable to pay the total fee, the board shall collect any amount that the person is able to pay. Any increase in the fees charged by the board under this paragraph shall be in accordance with the provisions of Section 41-3-65.
      1. To establish standards for, issue permits and exercise control over, any cafes, restaurants, food or drink stands, sandwich manufacturing establishments, and all other establishments, other than churches, church-related and private schools, and other nonprofit or charitable organizations, where food or drink is regularly prepared, handled and served for pay; and
      2. To require that a permit be obtained from the Department of Health before those persons begin operation. If any such person fails to obtain the permit required in this subparagraph (ii), the State Board of Health, after due notice and opportunity for a hearing, may impose a monetary penalty not to exceed One Thousand Dollars ($1,000.00) for each violation. However, the department is not authorized to impose a monetary penalty against any person whose gross annual prepared food sales are less than Five Thousand Dollars ($5,000.00). Money collected by the board under this subparagraph (ii) shall be deposited to the credit of the State General Fund of the State Treasury.
    6. To promulgate rules and regulations and exercise control over the production and sale of milk pursuant to the provisions of Sections 75-31-41 through 75-31-49.
    7. On presentation of proper authority, to enter into and inspect any public place or building where the State Health Officer or his representative deems it necessary and proper to enter for the discovery and suppression of disease and for the enforcement of any health or sanitary laws and regulations in the state.
    8. To conduct investigations, inquiries and hearings, and to issue subpoenas for the attendance of witnesses and the production of books and records at any hearing when authorized and required by statute to be conducted by the State Health Officer or the State Board of Health.
    9. To promulgate rules and regulations, and to collect data and information, on (i) the delivery of services through the practice of telemedicine; and (ii) the use of electronic records for the delivery of telemedicine services.
    10. To enforce and regulate domestic and imported fish as authorized under Section 69-7-601 et seq.
    1. The State Board of Health shall have the authority, in its discretion, to establish programs to promote the public health, to be administered by the State Department of Health. Specifically, those programs may include, but shall not be limited to, programs in the following areas:
      1. Maternal and child health;
      2. Family planning;
      3. Pediatric services;
      4. Services to crippled and disabled children;
      5. Control of communicable and noncommunicable disease;
      6. Chronic disease;
      7. Accidental deaths and injuries;
      8. Child care licensure;
      9. Radiological health;
      10. Dental health;
      11. Milk sanitation;
      12. Occupational safety and health;
      13. Food, vector control and general sanitation;
      14. Protection of drinking water;
      15. Sanitation in food handling establishments open to the public;
      16. Registration of births and deaths and other vital events;
      17. Such public health programs and services as may be assigned to the State Board of Health by the Legislature or by executive order; and
      18. Regulation of domestic and imported fish for human consumption.
    2. The State Board of Health and State Department of Health shall not be authorized to sell, transfer, alienate or otherwise dispose of any of the home health agencies owned and operated by the department on January 1, 1995, and shall not be authorized to sell, transfer, assign, alienate or otherwise dispose of the license of any of those home health agencies, except upon the specific authorization of the Legislature by an amendment to this section. However, this paragraph (b) shall not prevent the board or the department from closing or terminating the operation of any home health agency owned and operated by the department, or closing or terminating any office, branch office or clinic of any such home health agency, or otherwise discontinuing the providing of home health services through any such home health agency, office, branch office or clinic, if the board first demonstrates that there are other providers of home health services in the area being served by the department’s home health agency, office, branch office or clinic that will be able to provide adequate home health services to the residents of the area if the department’s home health agency, office, branch office or clinic is closed or otherwise discontinues the providing of home health services. This demonstration by the board that there are other providers of adequate home health services in the area shall be spread at length upon the minutes of the board at a regular or special meeting of the board at least thirty (30) days before a home health agency, office, branch office or clinic is proposed to be closed or otherwise discontinue the providing of home health services.
    3. The State Department of Health may undertake such technical programs and activities as may be required for the support and operation of those programs, including maintaining physical, chemical, bacteriological and radiological laboratories, and may make such diagnostic tests for diseases and tests for the evaluation of health hazards as may be deemed necessary for the protection of the people of the state.
    1. The State Board of Health shall administer the local governments and rural water systems improvements loan program in accordance with the provisions of Section 41-3-16.
    2. The State Board of Health shall have authority:
      1. To enter into capitalization grant agreements with the United States Environmental Protection Agency, or any successor agency thereto;
      2. To accept capitalization grant awards made under the federal Safe Drinking Water Act, as amended;
      3. To provide annual reports and audits to the United States Environmental Protection Agency, as may be required by federal capitalization grant agreements; and
      4. To establish and collect fees to defray the reasonable costs of administering the revolving fund or emergency fund if the State Board of Health determines that those costs will exceed the limitations established in the federal Safe Drinking Water Act, as amended. The administration fees may be included in loan amounts to loan recipients for the purpose of facilitating payment to the board; however, those fees may not exceed five percent (5%) of the loan amount.
  4. Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The department shall issue a license to Alexander Milne Home for Women, Inc., a 501(c) (3) nonprofit corporation, for the construction, conversion, expansion and operation of not more than forty-five (45) beds for developmentally disabled adults who have been displaced from New Orleans, Louisiana, with the beds to be located in a certified ICF-MR facility in the City of Laurel, Mississippi. There shall be no prohibition or restrictions on participation in the Medicaid program for the person receiving the license under this subsection (7). The license described in this subsection shall expire five (5) years from the date of its issue. The license authorized by this subsection shall be issued upon the initial payment by the licensee of an application fee of Sixty-seven Thousand Dollars ($67,000.00) and a monthly fee of Sixty-seven Thousand Dollars ($67,000.00) after the issuance of the license, to be paid as long as the licensee continues to operate. The initial and monthly licensing fees shall be deposited by the State Department of Health into the special fund created under Section 41-7-188.
  5. Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The State Department of Health is authorized to issue a license to an existing home health agency for the transfer of a county from that agency to another existing home health agency, and to charge a fee for reviewing and making a determination on the application for such transfer not to exceed one-half (1/2) of the authorized fee assessed for the original application for the home health agency, with the revenue to be deposited by the State Department of Health into the special fund created under Section 41-7-188.
  6. Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: For the period beginning July 1, 2010, through July 1, 2017, the State Department of Health is authorized and empowered to assess a fee in addition to the fee prescribed in Section 41-7-188 for reviewing applications for certificates of need in an amount not to exceed twenty-five one-hundredths of one percent (.25 of 1%) of the amount of a proposed capital expenditure, but shall be not less than Two Hundred Fifty Dollars ($250.00) regardless of the amount of the proposed capital expenditure, and the maximum additional fee permitted shall not exceed Fifty Thousand Dollars ($50,000.00). Provided that the total assessments of fees for certificate of need applications under Section 41-7-188 and this section shall not exceed the actual cost of operating the certificate of need program.
  7. Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The State Department of Health is authorized to extend and renew any certificate of need that has expired, and to charge a fee for reviewing and making a determination on the application for such action not to exceed one-half (1/2) of the authorized fee assessed for the original application for the certificate of need, with the revenue to be deposited by the State Department of Health into the special fund created under Section 41-7-188.
  8. Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The State Department of Health is authorized and empowered, to revoke, immediately, the license and require closure of any institution for the aged or infirm, including any other remedy less than closure to protect the health and safety of the residents of said institution or the health and safety of the general public.
  9. Notwithstanding any other provision to the contrary, the State Department of Health shall have the following specific powers: The State Department of Health is authorized and empowered, to require the temporary detainment of individuals for disease control purposes based upon violation of any order of the State Health Officer, as provided in Section 41-23-5. For the purpose of enforcing such orders of the State Health Officer, persons employed by the department as investigators shall have general arrest powers. All law enforcement officers are authorized and directed to assist in the enforcement of such orders of the State Health Officer.

HISTORY: Codes, 1892, § 2271; 1906, § 2487; Hemingway’s 1917, § 4836; 1930, § 4873; 1942, § 7029; Laws, 1968, ch. 441, § 2; Laws, 1971, ch. 378, § 1; reenacted and amended, Laws, 1982, ch. 494, § 6; Laws, 1983, ch. 522, § 1; Laws, 1986, ch. 371, § 1; Laws, 1986, ch. 500, § 22; Laws, 1987, ch. 512, § 5; Laws, 1988, ch. 395, § 4; Laws, 1988, ch. 573; reenacted and amended, Laws, 1990, ch. 568, § 6; Laws, 1992, ch. 495, § 1; reenacted and amended, Laws, 1994, ch. 462, § 6; reenacted and amended, Laws, 1995, ch. 363, § 6; Laws, 1995, ch. 521, § 21; Laws, 1997, ch. 523, § 2; Laws, 1998, ch. 332, § 1; reenacted without change, Laws, 2001, ch. 420, § 6; Laws, 2002, ch. 506, § 8; Laws, 2006, ch. 489, § 1; Laws, 2007, ch. 342, § 1; reenacted and amended, Laws, 2007, ch. 514, § 7; reenacted and amended, Laws, 2010, ch. 505, § 6; reenacted and amended, Laws, 2014, ch. 352, § 6; Laws, 2016, ch. 510, § 3, eff from and after July 1, 2016.

Joint Legislative Committee Note —

Section 1 of ch. 342, Laws of 2007, effective July 1, 2007 (approved March 14, 2007), amended this section. Section 7 of ch. 514, Laws of 2007, effective June 30, 2007 (approved March 30, 2007), also amended this section. As set out above, this section reflects the language of Section 7 of ch. 514, Laws of 2007, which contains language that specifically provides that it supersedes §41-3-15 as amended by Laws of 2007, ch. 342.

Editor's Notes —

This section was amended by § 3 of Chapter 510 (HB 289), Laws of 2016, and was subject to the repealer contained in § 65 of that act, effective July 1, 2020. The section is also included within the span of sections repealed by §41-3-20, which was amended by Chapter 374, Laws of 2017, to extend the date of the repealer to July 1, 2021. The section is subject to both repealers.

Sections 75-31-41 through 75-31-49, referred to in (4)(g), were repealed by Laws of 1999, ch. 439, § 2, eff from and after July 1, 1999.

Laws of 2007, ch. 514, § 22 provides as follows:

“SECTION 22. This act shall take effect and be in force from and after June 30, 2007, except for Sections 1 and 2 and Sections 13 through 18, which shall take effect and be in force from and after the passage of this act.” Laws of 2007, ch. 514 was approved on March 30, 2007.

This section was reenacted and amended by Laws of 2010, ch. 505, § 6, effective from and after July 1, 2010. The effective date of Laws of 2010, ch. 505, was subsequently amended by Laws of 2010, ch. 556, § 1, which provides:

“SECTION 1. Section 18 of House Bill No. 211 (Regular Session) [Chapter 505] is amended to read:

“Section 18. This act shall take effect and be in force from and after May 1, 2010.”

Laws of 2010, ch. 505, § 17, provides:

“SECTION 17. (1) The State Board of Health shall develop and make a report to the Public Health and Welfare Committees of the Senate and House of Representatives prior to the 2011 Regular Session of the Legislature with any necessary legislative recommendations on the following:

“(a) The definitions and standards relating to the licensure of 'personal care home,' 'assisted living facilities,' 'adult day care facilities' and 'psychiatric supervised housing facility' for the purposes of licensure purposes for institutions for the aged or infirm;

“(b) A determination as to whether the rules, regulations and standards adopted by the State Board of Health for personal care homes should be uniform for each of the classifications of personal care homes, but may vary based on the differences between the types of facilities in each classification.

“(2) Nothing in this section shall prohibit the State Board of Health from promulgating and implementing necessary rules and regulations.”

Laws of 2011, ch. 543, § 1, effective April 26, 2011, provides:

“SECTION 1. (1) There is created an advisory committee to study and provide recommendations to the Legislature regarding the areas of this state that are underserved in the retail availability of fresh fruits and vegetables and other healthy foods and the impact of the limited retail availability of such foods on proper nutrition and on obesity and related chronic illnesses, including heart attacks and diabetes.

“(2) The advisory committee shall consist of the following fifteen (15) members:

“(a) The State Health Officer, or his designee;

“(b) The Executive Director of the Division of Medicaid, or his designee;

“(c) One (1) person who is a member of a county board of supervisors, to be appointed by the Lieutenant Governor;

“(d) One (1) person who is a mayor of a municipality, to be appointed by the Speaker of the House of Representatives;

“(e) The Commissioner of Agriculture and Commerce, or his designee;

“(f) The Executive Director of the Department of Human Services, or his designee;

“(g) The Chairman of the House Public Health and Human Services Committee;

“(h) The Chairman of the Senate Public Health and Welfare Committee;

“(i) The Chairman of the House Agriculture Committee;

“(j) The Chairman of the Senate Agriculture Committee;

“(k) Two (2) other members of the House of Representatives, to be appointed by the Speaker of the House of Representatives;

“( l ) Two (2) other members of the Senate, to be appointed by the Lieutenant Governor; and

“(m) A registered dietitian or nutritionist, appointed by the Governor.

“(3) In appointing members of the advisory committee, an appointing authority shall ensure that the members reflect the diversity of this state, with members representing:

“(a) Rural areas;

“(b) Urban areas; and

“(c) Different geographical regions of the state.

“(4) An advisory committee member is not entitled to reimbursement of expenses or to compensation.

“(5) The advisory committee shall meet not later than sixty (60) days after the effective date of this act and shall select a chairman. The committee shall meet regularly as necessary at the call of the chairman.

“(6) The advisory committee shall:

“(a) Investigate the retail availability of fresh fruits and vegetables and other healthy foods in this state;

“(b) Develop recommendations for creating and a plan for implementing a statewide financing program to bring fresh food retailers into areas of this state that are underserved in regard to the retail availability of fresh fruits and vegetables and other healthy foods; and

“(c) Perform other advisory duties regarding the availability of fresh fruits and vegetables and other healthy foods in this state.

“(7) The advisory committee shall submit a report to the Legislature not later than December 1, 2011, providing information relating to:

“(a) The costs, benefits, and feasibility of a statewide financing program to bring fresh food retailers into areas of this state that are underserved in regard to the retail availability of fresh fruits and vegetables and other healthy foods; and

“(b) A plan for implementing the program.

“(8) To effectuate the work of the advisory committee, any department, division, board, bureau, commission or agency of the state or of any political subdivision thereof, at the request of the chair of the committee, shall provide to the committee the facilities, staff assistance and data as will enable it to properly carry out its task.

“(9) The advisory committee shall be dissolved upon the presentation of its report to the Legislature.”

Laws of 2016, ch. 510, § 65 provides:

“SECTION 65. This act shall stand repealed on July 1, 2020.”

Laws of 2018, ch. 400, § 1, effective March 19, 2018, provides:

“SECTION 1: The Legislature finds and declares:

“(a) A rare disease is defined as a disease that affects fewer than two hundred thousand (200,000) people in the United States. Rare diseases are sometimes called orphan diseases. There are seven thousand (7,000) known rare diseases affecting approximately thirty million (30,000,000) men, women and children in the United States;

“(b) The exact cause for many rare diseases remains unknown. However, eighty percent (80%) of rare diseases are genetic in origin and can be linked to mutations in a single gene or in multiple genes. Those diseases are referred to as genetic diseases. Genetic disease can be passed down from generation to generation, explaining why certain rare diseases run in families. It is also estimated that about half of all rare diseases affect children;

“(c) A person suffering with a rare disease in Mississippi faces a wide range of challenges, including, but not limited to: delays in obtaining a diagnosis; misdiagnosis; shortage of medical specialists who are familiar with, and can provide treatment for, rare diseases; prohibitive cost of treatment; and the inability to access therapies and medication that are used by doctors to treat rare diseases but have not been approved by the federal Food and Drug Administration (FDA) for that specific purpose;

“(d) In recent years, researchers have made considerable progress in developing diagnostic tools and treatment protocols for, and in discovering ways to prevent a variety of, rare diseases. However, much more remains to be done in the areas of rare disease research and the search for and development of new therapeutics; and

“(e) It would be very beneficial to persons in Mississippi with rare diseases and to researchers who are trying to find ways to treat or prevent the occurrence of rare diseases to examine the existing data on rare diseases in Mississippi and compile it in a detailed report, which then could be analyzed and used to educate medical professionals, government agencies and the public about rare diseases as an important public health issue, and to encourage and fund research in the development of new treatments for rare diseases.”

Laws of 2018, ch. 400, § 2, effective March 19, 2018, provides:

“SECTION 2. The University of Mississippi Medical Center (UMMC) as the lead agency, together with the State Department of Health, the Division of Medicaid and the Mississippi Health Information Network (MS-HIN), shall cooperate with each other in preparing a comprehensive report on the state of rare diseases in Mississippi, including the incidence of rare diseases in the state, the status of the rare disease community, and treatment and services provided to persons with rare diseases in the state. The State Department of Health, the Division of Medicaid and the MS-HIN shall provide to UMMC and each other all claims data and patient encounter data relating to the diagnosis and treatment of rare diseases and all related research and documentation relating to rare diseases, which shall be compiled, examined and analyzed in the report. The report shall be presented to the Chairs of the House Public Health and Human Services Committee, Senate Public Health and Welfare Committee, and the House and Senate Medicaid Committees not later than December 1, 2019.”

Amendment Notes —

The 2006 amendment added the last four sentences of (4)(i)(ii).

The first 2007 amendment (ch. 342) extended the date of the repealer in (4)(i)(ii) from “July 1, 2007” to “July 1, 2009.”

The second 2007 amendment (ch. 514) rewrote the section to clarify the general authority of the State Board of Health and the State Board of Health executive officer.

The 2010 amendment reenacted and amended the section by adding (7) through (12).

The 2014 amendment reenacted and amended this section by substituting “July 1, 2017” for “June 30, 2014” in (9).

The 2016 amendment added the last sentence of (4)(e).

Cross References —

Implied waiver of the medical privilege of patients regarding the release of medical information required to be reported by this section, see §13-1-21.

Duties in connection with solid waste disposal pursuant to joint agreements between counties and municipalities, see §§17-17-1 et seq.

Powers and duties of the state board of health with regard to the Municipal and Domestic Water and Wastewater System Operator’s Certification Act of 1986, see §21-27-207.

State Administrative Procedures Law, see §§25-43-1.101 et seq.

Power of state board of health to require physical examinations of school employees, see §37-11-17.

County health officer, see §41-3-37.

County departments of health, see §§41-3-43,41-3-45,41-3-49 through41-3-53.

Municipal health boards, see §41-3-57.

Provision that, for purposes of §§41-7-171 et seq., “State Department of Health” shall mean the state agency created under this section, which shall be considered to be the State Health Planning and Development Agency, see §41-7-173.

Role of State Department of Health in granting of certificate of need required to be obtained by certain health care service providers, see §41-7-191.

Provision making hospital records the property of the hospital subject to access by health officials in the discharge of their duties pursuant to this section, see §41-9-65.

Disinfection and sanitation of buildings, see §§41-25-1 et seq.

Promulgation of Primary Drinking Water Regulations by state board of health, see §41-26-5.

Bureau of drug enforcement under Uniform Controlled Substances Law, see §§41-29-101 et seq.

Regulation of hotels and innkeepers by state board of health, see §§41-49-1 et seq.

Animal and poultry byproducts disposal or rendering plants, see §§41-51-1 et seq.

Rabies inoculation of dogs and cats, see §§41-53-1 et seq.

Establishment and administration of program of emergency medical services, see §41-59-5.

Powers and duties of the state board of health to administer disbursements from the emergency medical services operating fund, see §§41-59-5 and41-59-61.

Role of State Department of Health in regulating onsite wastewater disposal systems, see §§41-67-3 et seq.

Duties of department with respect to Mississippi Hospice Law of 1990, see §41-85-7.

State Department of Health to provide administrative support for the Child Death Review Panel, see §41-111-1.

Regulation of institutions for aged and infirm, see §§43-11-1 et seq.

Designation of state board of health as agency to administer state-wide radiation protection program, see §45-14-7.

Powers and duties of the board with regard to transportation of radioactive waste, see §§45-14-51 et seq.

Health and safety regulations for rock festivals, see §45-21-11.

Powers and duties of the board under the Mississippi Boiler and Pressure Vessel Safety Law of 1974, see §§45-23-1 et seq.

Authorization for State Board of Health to limit sale of oysters for human consumption, see §49-15-15.

Membership on board of directors of Pearl River Valley Water Supply District, see §51-9-107.

Assistance by State Board of Health in making relevant information available to Cooperative Extension Service for information clearinghouse assisting farmers, see §69-2-5.

Sanitary regulations for barber shops, see §73-5-7.

Review by State Board of Health of rules and regulations relating to sanitation promulgated by state board of cosmetology, see §73-7-7.

Powers and duties of the State Board of Health with respect to the Mississippi Occupational Therapy Practice Act, see §73-24-1 et seq.

Powers and duties of state board with regard to restrictions on license to practice of physicians under disabled physician law, see §§73-25-51 et seq.

Duties of the board of health with respect to anhydrous ammonia storage facilities, see §75-57-31.

Duties of state board of health under Mississippi Youth Camp Safety and Health Law, see §§75-74-1 et seq.

Regulation of nonprofit dental service associations, see §§83-43-1 et seq.

Federal Aspects—

Federal Safe Drinking Water Act, see 42 USCS §§ 300f et seq.

OPINIONS OF THE ATTORNEY GENERAL

Based on the requirement set forth in Section 41-67-23 that the Department of Health inspect wastewater systems at the behest of the property owner, or his lender, coupled with the authority to charge and collect reasonable fees for health services as set out in Section 41-3-15(4)(f), the Department of Health may recoup actual costs associated with its obligations imposed in Section 41-67-23. 1995 Miss. Op. Att'y Gen. 240.

RESEARCH REFERENCES

ALR.

Liability for retaliation against at-will employee for public complaints or efforts relating to health or safety. 75 A.L.R.4th 13.

Propriety of prophylactic availability programs. 52 A.L.R.5th 477.

Am. Jur.

39 Am. Jur. 2d, Health §§ 1 et seq.

CJS.

39A C.J.S., Health and Environment §§ 20 et seq.

JUDICIAL DECISIONS

I. Under Current Law.

1. In general.

2.-5. [Reserved for future use].

II. Under Former §41-3-21.

6. Constitutionality.

I. Under Current Law.

1. In general.

Mississippi Board of Health Regulation, excluding milk from another state unless such other state accepted Mississippi milk on a reciprocal basis, unduly burdened interstate commerce and could not be justified either as a permissible exercise of state power in maintaining health standards, particularly since such milk was excluded regardless of whether it met health standards, or as a free trade provision promoting trade between the states. Great Atlantic & Pacific Tea Co. v. Cottrell, 424 U.S. 366, 96 S. Ct. 923, 47 L. Ed. 2d 55, 1976 U.S. LEXIS 91 (U.S. 1976).

Contents of the records of the director of the state hygienic laboratory as to the result of a blood test were admissible in a suit for damages for negligent burns of X-ray machine where it was not shown that proffered evidence pertained to a blood specimen of plaintiff. Unger v. Grimsley, 138 Miss. 591, 103 So. 341, 1925 Miss. LEXIS 68 (Miss. 1925).

The law creating the state board of health held to be constitutional under the police power of the state. Hawkins v. Hoye, 108 Miss. 282, 66 So. 741, 1914 Miss. LEXIS 201 (Miss. 1914).

An ordinance of the board of health requiring that milk cows used in the dairy business be examined is valid; it does not violate either the federal or state constitution. Hawkins v. Hoye, 108 Miss. 282, 66 So. 741, 1914 Miss. LEXIS 201 (Miss. 1914).

2.-5. [Reserved for future use].

II. Under Former § 41-3-21.

6. Constitutionality.

A case holding that this section [Code 1942, § 7032] as it appeared as Hemingway Code 1927, § 5517 with reference to removal of county health officer without notice or cause was unconstitutional. Mississippi State Board of Health v. Matthews, 113 Miss. 510, 74 So. 417, 1917 Miss. LEXIS 128 (Miss. 1917).

The county health officer is a public officer and cannot be removed by the state board of health without cause, notice or hearing. Ware v. State, 111 Miss. 599, 71 So. 868, 1916 Miss. LEXIS 345 (Miss. 1916).

§ 41-3-16. Local governments and rural water systems improvements revolving loan and grant program [Repealed effective July 1, 2021].

    1. There is established a local governments and rural water systems improvements revolving loan and grant program to be administered by the State Department of Health, referred to in this section as “department,” for the purpose of assisting counties, incorporated municipalities, districts or other water organizations that have been granted tax-exempt status under either federal or state law, in making improvements to their water systems, including construction of new water systems or expansion or repair of existing water systems. Loan and grant proceeds may be used by the recipient for planning, professional services, acquisition of interests in land, acquisition of personal property, construction, construction-related services, maintenance, and any other reasonable use which the board, in its discretion, may allow. For purposes of this section, “water systems” has the same meaning as the term “public water system” under Section 41-26-3.
    2. The Governor shall appoint a manager of a rural water system from a list of candidates provided by the Executive Director of the Mississippi Rural Water Association. The Executive Director of the Mississippi Rural Water Association shall provide the Governor a list of candidates which shall contain a minimum of three (3) candidates for each appointment.

      1. There is created a board to be known as the “Local Governments and Rural Water Systems Improvements Board,” referred to in this section as “board,” to be composed of the following nine (9) members: the State Health Officer, or his designee, who shall serve as chairman of the board; the Executive Director of the Mississippi Development Authority, or his designee; the Executive Director of the Department of Environmental Quality, or his designee; the Executive Director of the Department of Finance and Administration, or his designee; the Executive Director of the Mississippi Association of Supervisors, or his designee; the Executive Director of the Mississippi Municipal League, or his designee; the Executive Director of the American Council of Engineering Companies of Mississippi, or his designee; the State Director of the United States Department of Agriculture, Rural Development, or his designee; and a manager of a rural water system.
      2. Nonappointed members of the board may designate another representative of their agency or association to serve as an alternate.
      3. The gubernatorial appointee shall serve a term concurrent with the term of the Governor and until a successor is appointed and qualified. No member, officer or employee of the Board of Directors of the Mississippi Rural Water Association shall be eligible for appointment.
    3. The department, if requested by the board, shall furnish the board with facilities and staff as needed to administer this section. The department may contract, upon approval by the board, for those facilities and staff needed to administer this section, including routine management, as it deems necessary. The board may advertise for or solicit proposals from public or private sources, or both, for administration of this section or any services required for administration of this section or any portion thereof. It is the intent of the Legislature that the board endeavor to ensure that the costs of administration of this section are as low as possible in order to provide the water consumers of Mississippi safe drinking water at affordable prices.
    4. Members of the board may not receive any salary, compensation or per diem for the performance of their duties under this section.
    1. There is created a special fund in the State Treasury to be designated as the “Local Governments and Rural Water Systems Improvements Revolving Loan Fund,” referred to in this section as “revolving fund,” which fund shall consist of those monies as provided in Sections 6 and 13 of Chapter 521, Laws of 1995. The revolving fund may receive appropriations, bond proceeds, grants, gifts, donations or funds from any source, public or private. Except as otherwise provided in this section, the revolving fund shall be credited with all repayments of principal and interest derived from loans made from the revolving fund. Except as otherwise provided in this section, the monies in the revolving fund may be expended only in amounts appropriated by the Legislature, and the different amounts specifically provided for the loan program and the grant program shall be so designated. Except as otherwise provided in this section, monies in the fund may only be expended for the grant program from the amount designated for such program. The revolving fund shall be maintained in perpetuity for the purposes established in this section and Sections 6 through 20 of Chapter 521, Laws of 1995. Unexpended amounts remaining in the revolving fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the revolving fund shall be deposited to the credit of the fund. Monies in the revolving fund may not be used or expended for any purpose except as authorized under this section and Sections 6 through 20 of Chapter 521, Laws of 1995. Any monies in the fund may be used to match any federal funds that are available for the same or related purposes for which funds are used and expended under this section and Sections 6 through 20 of Chapter 521, Laws of 1995. Any federal funds shall be used and expended only in accordance with federal laws, rules and regulations governing the expenditure of those funds. No person shall use any monies from the revolving fund for the acquisition of real property or any interest in real property unless that property is integral to the project funded under this section and the purchase is made from a willing seller. No county, incorporated municipality or district shall acquire any real property or any interest in any real property for a project funded through the revolving fund by condemnation. The board’s application of Sections 43-37-1 through 43-37-13 shall be no more stringent or extensive in scope, coverage and effect than federal property acquisition laws and regulations.
    2. There is created a special fund in the State Treasury to be designated as the “Local Governments and Rural Water Systems Emergency Loan Fund,” hereinafter referred to as “emergency fund,” which fund shall consist of those monies as provided in Sections 6 and 13 of Chapter 521, Laws of 1995. The emergency fund may receive appropriations, bond proceeds, grants, gifts, donations or funds from any source, public or private. Except as otherwise provided in this section, the emergency fund shall be credited with all repayments of principal and interest derived from loans made from the emergency fund. Except as otherwise provided in this section, the monies in the emergency fund may be expended only in amounts appropriated by the Legislature. The emergency fund shall be maintained in perpetuity for the purposes established in this section and Section 6 of Chapter 521, Laws of 1995. Unexpended amounts remaining in the emergency fund at the end of a fiscal year shall not lapse into the State General Fund. Any interest earned on amounts in the emergency fund shall be deposited to the credit of the fund. Monies in the emergency fund may not be used or expended for any purpose except as authorized under this section and Section 6 of Chapter 521, Laws of 1995.
    3. The board created in subsection (1) shall establish loan and grant programs by which loans and grants may be made available to counties, incorporated municipalities, districts or other water organizations that have been granted tax-exempt status under either federal or state law, to assist those counties, incorporated municipalities, districts or water organizations in making water systems improvements, including the construction of new water systems or expansion or repair of existing water systems. Any entity eligible under this section may receive either a loan or a grant, or both. No grant awarded under the program established in this section may be made using funds from the loan program. Grants may be awarded only when the Legislature specifically appropriates funds for that particular purpose. The interest rate on those loans may vary from time to time and from loan to loan, and will be at or below market interest rates as determined by the board. The board shall act as quickly as is practicable and prudent in deciding on any loan request that it receives. Loans from the revolving fund or emergency fund may be made to counties, incorporated municipalities, districts or other water organizations that have been granted tax-exempt status under either federal or state law, as set forth in a loan agreement in amounts not to exceed one hundred percent (100%) of eligible project costs as established by the board. The board may require county, municipal, district or other water organization participation or funding from other sources, or otherwise limit the percentage of costs covered by loans from the revolving fund or the emergency fund. The board may establish a maximum amount for any loan from the revolving fund or emergency fund in order to provide for broad and equitable participation in the programs.
    4. A county that receives a loan from the revolving fund or the emergency fund shall pledge for repayment of the loan any part of the homestead exemption annual tax loss reimbursement to which it may be entitled under Section 27-33-77, as may be required to meet the repayment schedule contained in the loan agreement. An incorporated municipality that receives a loan from the revolving fund or the emergency fund shall pledge for repayment of the loan any part of the sales tax revenue distribution to which it may be entitled under Section 27-65-75, as may be required to meet the repayment schedule contained in the loan agreement. All recipients of such loans shall establish a dedicated source of revenue for repayment of the loan. Before any county or incorporated municipality shall receive any loan, it shall have executed with the Department of Revenue and the board a loan agreement evidencing that loan. The loan agreement shall not be construed to prohibit any recipient from prepaying any part or all of the funds received. The repayment schedule in each loan agreement shall provide for (i) monthly payments, (ii) semiannual payments, or (iii) other periodic payments, the annual total of which shall not exceed the annual total for any other year of the loan by more than fifteen percent (15%). Except as otherwise provided in subsection (4) of this section, the loan agreement shall provide for the repayment of all funds received from the revolving fund within not more than fifteen (15) years or a term as otherwise allowed by the federal Safe Drinking Water Act, and all funds received from the emergency fund within not more than five (5) years from the date of project completion, and any repayment shall commence not later than one (1) year after project completion. The Department of Revenue shall withhold semiannually from counties and monthly from incorporated municipalities from the amount to be remitted to the county or municipality, a sum equal to the next repayment as provided in the loan agreement.
    5. Any county, incorporated municipality, district or other water organization desiring to construct a project approved by the board which receives a loan from the state for that purpose but which is not eligible to pledge for repayment under the provisions of paragraph (d) of this subsection shall repay that loan by making payments each month to the State Treasurer through the Department of Finance and Administration for and on behalf of the board according to Section 7-7-15, to be credited to either the revolving fund or the emergency fund, whichever is appropriate, in lieu of pledging homestead exemption annual tax loss reimbursement or sales tax revenue distribution.

      Loan repayments shall be according to a repayment schedule contained in each loan agreement as provided in paragraph (d) of this subsection.

    6. Any district created pursuant to Sections 19-5-151 through 19-5-207 that receives a loan from the revolving fund or the emergency fund shall pledge for repayment of the loan any part of the revenues received by that district pursuant to Sections 19-5-151 through 19-5-207, as may be required to meet the repayment schedule contained in the loan agreement.
    7. The State Auditor, upon request of the board, shall audit the receipts and expenditures of a county, an incorporated municipality, district or other water organization whose loan repayments appear to be in arrears, and if the Auditor finds that the county, incorporated municipality, district or other water organization is in arrears in those repayments, the Auditor shall immediately notify the chairman of the board who may take any action as may be necessary to enforce the terms of the loan agreement, including liquidation and enforcement of the security given for repayment of the loan, and the Executive Director of the Department of Finance and Administration who shall withhold all future payments to the county of homestead exemption annual tax loss reimbursements under Section 27-33-77 and all sums allocated to the county or the incorporated municipality under Section 27-65-75 until such time as the county or the incorporated municipality is again current in its loan repayments as certified by the board.
    8. Except as otherwise provided in this section, all monies deposited in the revolving fund or the emergency fund, including loan repayments and interest earned on those repayments, shall be used only for providing loans or other financial assistance to water systems as the board deems appropriate. In addition, any amounts in the revolving fund or the emergency fund may be used to defray the reasonable costs of administering the revolving fund or the emergency fund and conducting activities under this section and Sections 6 through 20 of Chapter 521, Laws of 1995, subject to any limitations established in the federal Safe Drinking Water Act, as amended and subject to annual appropriation by the Legislature. The department is authorized, upon approval by the board, to use amounts available to it from the revolving fund or the emergency fund to contract for those facilities and staff needed to administer and provide routine management for the funds and loan program. However, notwithstanding any other provision of law to the contrary, all or any portion of repayments of principal and interest derived from the fund uses described in this section may be designated or pledged for repayment of a loan as provided for in Section 31-25-28 in connection with a loan from the Mississippi Development Bank.
  1. In administering this section and Sections 6 through 20 of Chapter 521, Laws of 1995, the board created in subsection (1) of this section shall have the following powers and duties:
    1. To supervise the use of all funds made available under this section and Sections 6 through 20 of Chapter 521, Laws of 1995, for local governments and rural water systems improvements;
    2. To promulgate rules and regulations, to make variances and exceptions thereto, and to establish procedures in accordance with this section and Sections 6 through 20 of Chapter 521, Laws of 1995, for the implementation of the local governments and rural water systems improvements revolving loan program;
    3. To require, at the board’s discretion, any loan or grant recipient to impose a per connection fee or surcharge or amended water rate schedule or tariff on each customer or any class of customers, benefiting from an improvement financed by a loan or grant made under this section, for repayment of any loan funds provided under this section and Sections 6 through 20 of Chapter 521, Laws of 1995. The board may require any loan or grant recipient to undergo a water system viability analysis and may require a loan or grant recipient to implement any result of the viability analysis. If the loan recipient fails to implement any result of a viability analysis as required by the board, the board may impose a monetary penalty or increase the interest rate on the loan, or both. If the grant recipient fails to implement any result of a viability analysis as required by the board, the board may impose a monetary penalty on the grant;
    4. To review and certify all projects for which funds are authorized to be made available under this section and Sections 6 through 20 of Chapter 521, Laws of 1995, for local governments and rural water systems improvements;
    5. To requisition monies in the Local Governments and Rural Water Systems Improvements Revolving Loan Fund and the Local Governments and Rural Water Systems Emergency Loan Fund and distribute those monies on a project-by-project basis in accordance with this section;
    6. To ensure that the funds made available under this section and Sections 6 through 20 of Chapter 521, Laws of 1995, to a county, an incorporated municipality, a district or a water organization that has been granted tax-exempt status under either federal or state law provide for a distribution of projects and funds among the entities under a priority system established by the board;
    7. To maintain in accordance with generally accepted government accounting standards an accurate record of all monies in the revolving fund and the emergency fund made available to counties, incorporated municipalities, districts or other water organizations under this section and Sections 6 through 20 of Chapter 521, Laws of 1995, and the costs for each project;
    8. To establish policies, procedures and requirements concerning viability and financial capability to repay loans that may be used in approving loans available under this section, including a requirement that all loan recipients have a rate structure which will be sufficient to cover the costs of operation, maintenance, major equipment replacement and repayment of any loans made under this section; and
    9. To file annually with the Legislature a report detailing how monies in the Local Governments and Rural Water Systems Improvements Revolving Loan Fund and the Local Governments and Rural Water Systems Emergency Loan Fund were spent during the preceding fiscal year in each county, incorporated municipality, district or other water organization, the number of projects approved and constructed, and the cost of each project.

      For efficient and effective administration of the loan program, revolving fund and emergency fund, the board may authorize the department or the State Health Officer to carry out any or all of the powers and duties enumerated above.

  2. The board may, on a case-by-case basis and to the extent allowed by federal law, renegotiate the payment of principal and interest on loans made under this section to the six (6) most southern counties of the state covered by the Presidential Declaration of Major Disaster for the State of Mississippi (FEMA-1604-DR) dated August 29, 2005, and to incorporated municipalities, districts or other water organizations located in such counties; however, the interest on the loans shall not be forgiven for a period of more than twenty-four (24) months and the maturity of the loans shall not be extended for a period of more than forty-eight (48) months.

HISTORY: Laws, 1995, ch. 521, §§ 1-3; Laws, 1996, ch. 542, § 1; Laws, 1998, ch. 375, § 1; Laws, 2000, ch. 595, § 1; reenacted without change, Laws, 2001, ch. 420, § 7; Laws, 2002, ch. 399, § 1; Laws, 2006, ch. 545, § 1; Laws, 2007, ch. 514, § 8; Laws, 2007, ch. 583, § 1; reenacted without change, Laws, 2010, ch. 494, § 3; reenacted without change, Laws, 2010, ch. 505, § 7; reenacted and amended, Laws, 2014, ch. 352, § 7; reenacted without change, Laws, 2017, ch. 374, § 6, eff from and after July 1, 2017.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a publishing error in the first sentence of subsection (3)(c). The words “this act” were changed to “this section”. The Joint Committee ratified the correction at its June 3, 2003, meeting.

Section 8 of ch. 514, Laws of 2007, effective June 30, 2007 (approved March 30, 2007), amended this section. Section 1 of ch. 583, Laws of 2007, effective July 1, 2007 (approved April 21, 2007), also amended this section. As set out above, this section reflects the language of Section 1 of ch. 583, Laws of 2007, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section effective on an earlier date.

Section 3 of ch. 494, Laws of 2010, effective from and after passages (approved April 7, 2010), amended this section. Section 7 of ch. 505, Laws of 2010, effective July 1, 2010 (approved April 8, 2010) but amended by ch. 556, § 1, to be effective from and after May 1, 2010, reenacted the section without change. As set out above, this section reflects the language of both amendments pursuant to Section 1-1-109, which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the July 22, 2010, meeting of the Committee.

Editor’s Notes —

For repeal date of this section, see §41-3-20.

Laws of 2007, ch. 514, § 22 provides as follows:

“SECTION 22. This act shall take effect and be in force from and after June 30, 2007, except for Sections 1 and 2 and Sections 13 through 18, which shall take effect and be in force from and after the passage of this act.” Laws of 2007, ch. 514 was approved on March 30, 2007.

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor” and “Auditor” appearing in the laws of this state in connection with the performance of the Auditor’s functions shall mean the State Fiscal Officer whenever they appear. Section 27-104-6 provides that wherever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration.”

Laws of 2010, ch. 556, § 1, provides:

“SECTION 1. Section 18 of House Bill No. 211 (Regular Session) [Chapter 505] is amended to read:

“Section 18. This act shall take effect and be in force from and after May 1, 2010.”

Amendment Notes —

The 2006 amendment added “Except as otherwise provided in subsection (4) of this section,” at the beginning of the next-to-last sentence in (2)(d); and added (4).

The first 2007 amendment (ch. 514) reenacted the section without change.

The second 2007 amendment (ch. 583) substituted “American Council of Engineering Companies of Mississippi” for “Consulting Engineers Council” near the end of the first paragraph of (1)(b)(i); and substituted the present last sentence of (2)(c) for the former last sentence, which read: “The maximum amount for any loan from the emergency fund shall be Five Hundred Thousand Dollars ($500,000.00), and the maximum amount for any loan from the revolving fund shall be One Million Five Hundred Thousand Dollars ($1,500,000.00).”

The first 2010 amendment (ch. 494), in (2)(a), in the third through fifth sentences, added the exception; in (2)(b), in the third and fourth sentences, added the exception; and in (2)(h), added the exception in the first sentence, and added the last sentence.

The second 2010 amendment (ch. 505) reenacted the section without change.

The 2014 amendment reenacted and amended this section by inserting a hyphen in between the words “tax exempt” in (1)(a), (2)(c), and (3)(f), and substituting “Department of Revenue” for “State Tax Commission” twice in (2)(d).

The 2017 amendment reenacted the section without change.

Cross References —

Revenue from certain taxes may be used as security for loan, see §27-65-75.

Executive officer of the State Health Department to be State Health Officer, see §41-3-5.1.

General powers and duties of executive officer, see §41-3-15.

Federal Aspects—

Safe Drinking Water Act, see 42 USCS §§ 300f et seq.

RESEARCH REFERENCES

Am. Jur.

78 Am. Jur. 2d, Waters § 147, 155.

§ 41-3-17. Power to make and publish rules and regulations [Repealed effective July 1, 2021].

The State Board of Health is authorized to make and publish all reasonable rules and regulations necessary to enable it to discharge its duties and powers and to carry out the purposes and objectives of its creation. It is further authorized to make reasonable sanitary rules and regulations, to be enforced in the several counties by the county health officer under the supervision and control of the State Board of Health. The State Board of Health shall not make or enforce any rule or regulation that prohibits consumers from providing their own containers for the purpose of purchasing or accepting water from any vending machine or device which filters or treats water that has already been tested and determined to meet or exceed the minimum health protection standards prescribed for drinking water under the Mississippi Safe Drinking Water Law, if that vending machine or device meets or exceeds United States Environmental Protection Agency or national automatic merchandising standards.

HISTORY: Codes, 1892, § 2273; 1906, § 2489; Hemingway’s 1917, § 4838; 1930, § 4875; 1942, § 7031; Laws, 1968, ch. 441, § 3; reenacted without change, Laws, 1982, ch. 494, § 7; reenacted and amended, Laws, 1990, ch. 568, § 7; reenacted without change, Laws, 1994, ch. 462, § 7; reenacted, Laws, 1995, ch. 363, § 7; Laws, 1996, ch. 516, § 22; reenacted without change, Laws, 2001, ch. 420, § 8; reenacted without change, Laws, 2007, ch. 514, § 9; reenacted without change, Laws, 2010, ch. 505, § 8; reenacted without change, Laws, 2014, ch. 352, § 8; reenacted without change, Laws, 2017, ch. 374, § 7, eff from and after July 1, 2017.

Editor’s Notes —

For repeal date of this section, see §41-3-20.

Laws of 2007, ch. 514, § 22 provides as follows:

“SECTION 22. This act shall take effect and be in force from and after June 30, 2007, except for Sections 1 and 2 and Sections 13 through 18, which shall take effect and be in force from and after the passage of this act.” Laws of 2007, ch. 514 was approved on March 30, 2007.

Laws of 2010, ch. 556, § 1, provides:

“SECTION 1. Section 18 of House Bill No. 211 (Regular Session) [Chapter 505] is amended to read:

“Section 18. This act shall take effect and be in force from and after May 1, 2010.”

Amendment Notes —

The 2007 amendment reenacted the section without change.

The 2010 amendment reenacted the section without change.

The 2014 amendment reenacted this section without change.

The 2017 amendment reenacted the section without change.

Cross References —

Powers and duties of the state board of health with regard to the Municipal and Domestic Water and Wastewater System Operator’s Certification Act of 1986, see §21-27-207.

Penalty for violation of rules, see §41-3-59.

Mississippi Safe Drinking Water Law, see §§41-26-1 et seq.

Regulation of drugs, see §§41-29-101 et seq.

Powers and duties of the State Board of Health with respect to the Mississippi Occupational Therapy Practice Act, see §§73-24-1 et seq.

JUDICIAL DECISIONS

1. In general.

A regulation requiring every licensed physician practicing in the state to file a morbidity report on the first day of each month as provided by the rules of the state board of health is not unreasonable. Smythe v. State, 124 Miss. 454, 86 So. 870, 1920 Miss. LEXIS 529 (Miss. 1921).

Where the evidence in the trial of a physician for knowingly violating a rule of the state board of health does not show that the defendant had knowledge of such regulation, or that publication of such regulation had been made, the defendant is entitled to peremptory instructions. Smythe v. State, 124 Miss. 454, 86 So. 870, 1920 Miss. LEXIS 529 (Miss. 1921).

§ 41-3-18. Assessment of fees [Repealed effective July 1, 2020; Repealed effective July 1, 2021; See Editor’s note].

  1. The board shall assess fees in the following amounts and for the following purposes:
    1. Food establishment annual permit fee, based on the assessment factors of the establishment as follows:

      Assessment Category 1. . . . .$ 30.00

      Assessment Category 2. . . . .100.00

      Assessment Category 3. . . . .150.00

      Assessment Category 4. . . . .200.00

    2. Private water supply approval fee. . . . .$ 10.00

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

      Any increase in the fees charged by the board under this subsection shall be in accordance with the provisions of Section 41-3-65.

  2. The fee authorized under subsection (1)(a) of this section shall not be assessed for:
    1. Food establishments operated by public schools, public junior and community colleges, or state agencies or institutions, including, without limitation, the state institutions of higher learning and the State Penitentiary; and
    2. Persons who make infrequent casual sales of honey and who pack or sell less than five hundred (500) gallons of honey per year, and those persons shall not be inspected by the State Department of Health unless requested by the producer.
  3. The fee authorized under subsection (1)(b) of this section shall not be assessed for private water supplies used by foster homes licensed by the Department of Human Services.

HISTORY: Laws, 1986, ch. 371, § 2; Laws, 1988, ch. 395, § 5; Laws, 1989, ch. 313, § 1; Laws, 1989, ch. 547, § 1; reenacted, Laws, 1990, ch. 568, § 8; Laws, 1991, ch. 606, § 1; reenacted without change, Laws, 1994, ch. 462, § 8; reenacted, Laws, 1995, ch. 363, § 8; Laws, 1997, ch. 427, § 1; reenacted without change, Laws, 2001, ch. 420, § 9; reenacted and amended, Laws, 2007, ch. 514, § 10; Laws, 2008, ch. 315, § 1; Laws, 2009, ch. 331, § 1; reenacted without change, Laws, 2010, ch. 505, § 9; reenacted without change, Laws, 2014, ch. 352, § 9; Laws, 2016, ch. 510, § 4, eff from and after July 1, 2016.

Editor’s Notes —

This section was amended by § 4 of Chapter 510 (HB 289), Laws of 2016, and was subject to the repealer contained in § 65 of that act, effective July 1, 2020. The section is also included within the span of sections repealed by §41-3-20, which was amended by Chapter 374, Laws of 2017, to extend the date of the repealer to July 1, 2021. The section is subject to both repealers.

Laws of 2007, ch. 514, § 22 provides as follows:

“SECTION 22. This act shall take effect and be in force from and after June 30, 2007, except for Sections 1 and 2 and Sections 13 through 18, which shall take effect and be in force from and after the passage of this act.” Laws of 2007, ch. 514 was approved on March 30, 2007.

Laws of 2010, ch. 556, § 1, provides:

“SECTION 1. Section 18 of House Bill No. 211 (Regular Session) [Chapter 505] is amended to read:

“Section 18. This act shall take effect and be in force from and after May 1, 2010.”

Laws of 2016, ch. 510, § 65 provides:

“SECTION 65. This act shall stand repealed on July 1, 2020.”

Amendment Notes —

The 2007 amendment in (a), substituted the permit fee of “$30.00” for “$15.00” in Category 1, “100.00” for “30.00” in Category 2, “150.00” for “70.00” in Category 3, “200.00” for “150.00” in Category 4 and deleted “Assessment Category 5...$150.00.”

The 2008 amendment added the last paragraph.

The 2009 amendment rewrote the section to exempt certain persons from inspection by the State Department of Health unless requested by the producer.

The 2010 amendment reenacted the section without change.

The 2014 amendment reenacted this section without change.

The 2016 amendment added the last paragraph of (1).

RESEARCH REFERENCES

Am. Jur.

39 Am. Jur. 2d, Health §§ 109, 110.

CJS.

39A C.J.S., Health & Environment §§ 91, 92.

§ 41-3-19. Report to the Governor [Repealed effective July 1, 2021].

It is the duty of the State Board of Health to make a report, in writing, to the Governor, on or before the first day of December next preceding each session, not an extraordinary session of the Legislature, upon the sanitary condition, prospect, and needs of the state, setting forth the action of said board, of its officers and agents, the names thereof, and all its expenditures since the last preceding report, and such other matters as it may deem proper for the promotion of health or the prevention of disease. The report shall be laid before the Legislature by the Governor at its ensuing term.

HISTORY: Codes, 1892, § 2272; 1906, § 2488; Hemingway’s 1917, § 4837; 1930, § 4874; 1942, § 7030; reenacted and amended, Laws, 1982, ch. 494, § 8; reenacted, Laws, 1990, ch. 568, § 9; reenacted without change, Laws, 1994, ch. 462, § 9; reenacted, Laws, 1995, ch. 363, § 9; reenacted without change, Laws, 2001, ch. 420, § 10; reenacted without change, Laws, 2007, ch. 514, § 11; reenacted without change, Laws, 2010, ch. 505, § 10; reenacted without change, Laws, 2014, ch. 352, § 10; reenacted without change, Laws, 2017, ch. 374, § 8, eff from and after July 1, 2017.

Editor’s Notes —

For repeal date of this section, see §41-3-20.

Laws of 2007, ch. 514, § 22 provides as follows:

“SECTION 22. This act shall take effect and be in force from and after June 30, 2007, except for Sections 1 and 2 and Sections 13 through 18, which shall take effect and be in force from and after the passage of this act.” Laws of 2007, ch. 514 was approved on March 30, 2007.

Laws of 2010, ch. 556, § 1, provides:

“SECTION 1. Section 18 of House Bill No. 211 (Regular Session) [Chapter 505] is amended to read:

“Section 18. This act shall take effect and be in force from and after May 1, 2010.”

Amendment Notes —

The 2007 amendment reenacted the section without change.

The 2010 amendment reenacted the section without change.

The 2014 amendment reenacted this section without change.

The 2017 amendment reenacted the section without change.

Cross References —

Reports of local health officers to state board of health, see §41-3-51.

§ 41-3-20. Repeal of Sections 41-3-1.1 through 41-3-19.

Sections 41-3-1.1, 41-3-3, 41-3-4, 41-3-5.1, 41-3-6, 41-3-15, 41-3-16, 41-3-17, 41-3-18 and 41-3-19, which create the reconstituted State Board of Health, establish the position of Executive Officer of the State Department of Health and establish the State Department of Health and prescribe its powers and duties, shall stand repealed on July 1, 2021.

HISTORY: Laws, 1994, ch. 462, § 11; Laws, 1995, ch. 363, § 10; Laws, 2001, ch. 420, § 11; Laws, 2007, ch. 514, § 1; Laws, 2010, ch. 505, § 11; Laws, 2014, ch. 352, § 13; Laws, 2017, ch. 374, § 9, eff from and after July 1, 2017.

Editor’s Notes —

Laws of 2007, ch. 514, § 22 provides as follows:

“SECTION 22. This act shall take effect and be in force from and after June 30, 2007, except for Sections 1 and 2 and Sections 13 through 18, which shall take effect and be in force from and after the passage of this act.” Laws of 2007, ch. 514 was approved on March 30, 2007.

This section was amended by Laws of 2010, ch. 505, § 11, effective from and after July 1, 2010. The effective date of Laws of 2010, ch. 505, was subsequently amended by Laws of 2010, ch. 556, § 1, which provides:

“SECTION 1. Section 18 of House Bill No. 211 (Regular Session) [Chapter 505] is amended to read:

“Section 18. This act shall take effect and be in force from and after May 1, 2010.”

Amendment Notes —

The 2007 amendment rewrote the section to provide that §41-3-1 is repealed on March 30, 2007, §41-3-5 is repealed on June 30, 2007, and §§41-3-1.1,41-3-3,41-3-4,41-3-5.1,41-3-6 and41-3-15 through41-3-19 are repealed on June 30, 2010.

The 2010 amendment deleted (1) and (2), which were the repealers for Sections41-3-1 and41-3-5, and the (3) designation; and extended the date of the repealer for §§41-3-1.1,41-3-3,41-3-4,41-3-5.1,41-3-6,41-3-15,41-3-16,41-3-17,41-3-18 and41-3-19 by substituting “June 30, 2014” for “June 30, 2010.”

The 2014 amendment extended the repealer provision by substituting “July 1, 2017” for “June 30, 2014” at the end of the section.

The 2017 amendment extended the date of the repealer for §§41-3-1.1,41-3-3,41-3-4,41-3-5.1,41-3-6,41-3-15,41-3-16,41-3-17,41-3-18 and41-3-19 by substituting “July 1, 2021” for “July 1, 2017.”

§ 41-3-21. Mississippi Public Health Laboratory created; powers and duties.

  1. There is hereby established the Mississippi Public Health Laboratory in the Mississippi State Department of Health.
  2. The Mississippi Public Health Laboratory shall have the following powers and duties:
    1. To perform such laboratory tests and procedures as shall be determined beneficial to the health of the people of Mississippi;
    2. To apply for and maintain any and all necessary federal or other certifications and/or licenses for the performance of its duties, unless such authority shall be otherwise assigned by official action of the State Board of Health;
    3. The Mississippi Public Health Laboratory shall be under the management of a director, who shall be appointed by the State Health Officer. The responsibility for the laboratory shall be vested in the director. The director shall be the administrative officer of the Mississippi Public Health Laboratory and shall perform the duties as may be assigned to him or her by the State Board of Health. The director shall receive compensation as may be fixed by the State Board of Health, subject to the approval of the State Personnel Board. The State Health Officer may employ such other persons as may be necessary to carry out the provisions of this section. The compensation and the terms and conditions of their employment shall be determined by the State Board of Health in accordance with applicable state law and rules and regulations of the State Personnel Board.

HISTORY: Laws, 2009, ch. 301, § 1, effective from and after passage (approved January 28, 2009).

Editor’s Notes —

A former §41-3-21 [Codes, 1892, § 2274; 1906, § 2490; Hemingway’s 1917, § 4839; 1930, § 4876; 1942, § 7032], which authorized the state board of health to fill vacancies, was repealed by Laws of 1982, ch. 494, § 16, effective from and after July 1, 1982.

§ 41-3-22. Mississippi State Public Health Laboratory named the Dr. F.E. “Ed” Thompson, Jr., Mississippi State Public Health Laboratory.

The Mississippi State Public Health Laboratory, located at 570 East Woodrow Wilson in Jackson, Mississippi, shall be named the Dr. F.E. “Ed” Thompson, Jr., Mississippi State Public Health Laboratory.The Department of Finance and Administration shall prepare or have prepared a distinctive plaque, to be placed in a prominent place within the Dr. F.E. “Ed” Thompson, Jr., Mississippi State Public Health Laboratory, which states the background, accomplishments and public health service to the state and nation of Ed Thompson, M.D., M.P.H.

HISTORY: Laws, 2010, ch. 305, § 1, eff from and after passage (approved Feb. 23, 2010.).

§ 41-3-23. Mississippi Public Health Laboratory Fund established; use of other funds to support Mississippi Public Health Laboratory authorized.

  1. There is established in the State Treasury a special fund to be known as the Mississippi Public Health Laboratory Fund, which shall be comprised of any funds that are authorized or required to be deposited in the special fund including, but not limited to, all laboratory fees collected and other income generated by the laboratory.Monies in the fund shall be used for the operations of the Mississippi Public Health Laboratory or the administration thereof.All income from the investment of the funds in the special fund shall be credited to the account of the special fund.Any funds in the special fund at the end of a fiscal year shall not lapse into the State General Fund.
  2. The State Department of Health is authorized to utilize any other funds not otherwise specifically appropriated by the Legislature for the support of the Mississippi Public Health Laboratory as necessary.

HISTORY: Laws, 2009, ch. 301, § 2, eff from and after passage (approved Jan. 28, 2009.).

Editor’s Notes —

A former §41-3-23 [Codes, 1942, §§ 7031, 7066-01; Laws, 1968, ch. 441, §§ 1, 3], which designated the State Board of Health as the tumor registry agency of the state, was repealed by Laws of 1982, ch. 494, § 16, effective from and after July 1, 1982.

§§ 41-3-25 through 41-3-29. Repealed.

Repealed by Laws, 1982, ch. 494, § 16, eff from and after July 1, 1982.

§41-3-25. [Codes, 1942, § 1697; Laws, 1968, ch. 441, § 4]

§41-3-27. [Codes, 1942, § 7066-02; Laws, 1968, ch. 441, § 7]

§41-3-29. Codes, 1942, § 7066-03; Laws, 1968, ch. 441, § 8]

Editor’s Notes —

Former §41-3-25 specified the information to be furnished to the tumor registry agency.

Former §41-3-27 specified penalties for violations.

Former §41-3-29 authorized the tumor registry agency to accept federal grants and assistance.

§ 41-3-30. Repealed.

Repealed by Laws, 1994, ch. 462, § 10, eff from and after July 1, 1994.

[Laws, 1979, ch. 301, § 47; Laws, 1982, ch. 494, § 9; Laws, 1990, ch. 568, § 10]

Editor’s Notes —

Former §41-3-30 was entitled: Repeal of §§41-3-1 through41-3-19. See Section41-3-20 for repeal provisions for §§ 41-3-1 through41-3-19.

§§ 41-3-31 through 41-3-35. Repealed.

Repealed by Laws, 1976, ch. 469, § 21, eff from and after passage (approved May 25, 1976).

§§41-3-31 through41-3-35 [Laws, 1964, ch. 435, §§ 1, 2]

Editor’s Notes —

Former §41-3-31 designated the State Board of Health as the state’s radiation control agency and provided for the promulgation of rules and regulations.

Former §41-3-33 provided for a radiation advisory committee, with authority to approve nuclear control rules and regulations and advise the state board of health concerning nuclear matters.

Former §41-3-35 provided for the enforcement of §§41-3-31 through41-3-35 and nuclear control rules and regulations, declared a misdemeanor and provided a penalty.

§ 41-3-37. Appointment of county health officer.

A competent physician shall be appointed county health officer for each county by the State Board of Health or its executive officer. Said board shall cause the appointment to be certified by its secretary to the board of supervisors of the county for which the appointment was made.

HISTORY: Codes, 1892, § 2275; 1906, § 2491; Hemingway’s 1917, § 4840; 1930, § 4877; 1942, § 7033; Laws, 1982, ch. 494, § 10, eff from and after July 1, 1982.

Cross References —

County health department, see §§41-3-43,41-3-45,41-3-49 to41-3-53.

Municipal regulation of health, see §41-3-57.

Inspection of establishments employing child labor, see §71-1-25.

JUDICIAL DECISIONS

1. Validity.

2. Construction and application.

1. Validity.

The powers vested in the state board of health under this section [Code 1942, § 7033] held to be constitutional. Hawkins v. Hoye, 108 Miss. 282, 66 So. 741, 1914 Miss. LEXIS 201 (Miss. 1914).

2. Construction and application.

The power of the board of supervisors to fix the salary of a county health officer cannot be reviewed by the circuit court unless the board fix the salary so low as to oust the officer or in effect abolish the officer. Board of Sup'rs v. Powell, 122 Miss. 665, 84 So. 905, 1920 Miss. LEXIS 467 (Miss. 1920).

Compensation of health officers appointed by municipalities discussed. Town of Pass Christian v. Washington, 81 Miss. 470, 34 So. 225, 1902 Miss. LEXIS 211 (Miss. 1902).

A county health officer, appointed by the board of supervisors under this section [Code 1942, § 7033], is only entitled to the salary fixed in advance by the board of supervisors as compensation for official services rendered by him, and he cannot maintain an action of assumpsit upon a quantum meruit for such services, however great. Yandell v. Madison County, 81 Miss. 288, 32 So. 918, 1902 Miss. LEXIS 125 (Miss. 1902).

The board of supervisors cannot fix or reduce after being fixed the salary of the county health officer so as to virtually abolish the office. Board of Sup'rs v. Westbrook, 64 Miss. 312, 1 So. 352, 1886 Miss. LEXIS 63 (Miss. 1886).

§ 41-3-39. Repealed.

Repealed by Laws, 1982, ch. 494, § 16, eff from and after July 1, 1982.

[Codes, 1892, § 2285; 1906, § 2509; Hemingway’s 1917, § 4858; 1930, § 4895; 1942, § 7051]

Editor’s Notes —

Former §41-3-39 authorized the payment of compensation to the county health officer.

§ 41-3-41. Duties of county health officer.

It shall be the duty of the county health officer to administer programs and enforce the public health provisions of the Mississippi Code and the rules and regulations of the state board of health applicable in his county. He shall report his actions and all informations and results of his investigations to the board of supervisors and state board of health, and he shall do such other things as the state board of health may lawfully require of him.

HISTORY: Codes, 1892, § 2276; 1906, § 2494; Hemingway’s 1917, § 4843; 1930, § 4880; 1942, § 7036; Laws, 1894, ch. 39; Laws, 1982, ch. 494, § 11, eff from and after July 1, 1982.

Cross References —

Communicable and infectious diseases, see §§41-23-1 et seq.

Disinfection and sanitation of buildings and premises, see §§41-25-1 et seq.

Regulation of hotels and innkeepers, see §§41-49-1 et seq.

RESEARCH REFERENCES

ALR.

Propriety of state or local government health officer’s warrantless search–post-Camara cases. 53 A.L.R.4th 1168.

JUDICIAL DECISIONS

1. In general.

Under this section [Code 1942, § 7036] and other sections, the legislature conferred upon the state board of health the power to make reasonable rules and regulations for the prevention of diseases and the protection of the health of the people. Hawkins v. Hoye, 108 Miss. 282, 66 So. 741, 1914 Miss. LEXIS 201 (Miss. 1914).

The orders of the state board of health must stand the test of reasonableness and whether an order be reasonable or unreasonable is a judicial question. Wilson v. Alabama G. S. R. Co., 77 Miss. 714, 28 So. 567, 1900 Miss. LEXIS 51 (Miss. 1900).

§ 41-3-43. County department of health; director.

  1. Each county in the state is authorized in its discretion to create a county health department and to appropriate funds for its support. A director for the same shall be appointed in accordance with Section 41-3-37 and certified to the board of supervisors of the county. Said director shall be a licensed physician, well trained in health work and shall be required to give his entire time to the work.
    1. The State Board of Health may create public health districts of two (2) or more counties for the purpose of administering health programs and supervising public health workers in the district. The state board of health or its executive officer shall appoint for each such district created a district director, who shall be a licensed physician, well trained in public health work, who shall give his entire time to the work. The district director may serve as county health officer of any or all counties in the district.
    2. The boards of supervisors of the counties comprising a public health district are hereby authorized, in their discretion, to appropriate funds for the support of the public health district from the general funds of the counties; and pursuant to Section 19-9-97, to levy additional taxes for the support of county or district health departments.
  2. When any county or counties create a health department hereunder, then all other local or municipal or county public health agencies and departments are thereby automatically abolished, and said county and district health departments shall have full control over all health matters in said county and counties, including all municipalities therein, subject to the supervision, direction, and jurisdiction of the state board of health. The proper authorities of any municipality in the State of Mississippi are hereby authorized in their discretion to make an appropriation for the support of such county or district health department from the general funds of such municipality.

HISTORY: Codes, Hemingway’s 1921 Supp. § 4884g; 1930, § 4926; 1942, § 7082; Laws, 1918, ch. 194; Laws, 1926, ch. 309; Laws, 1982, ch. 494, § 12, eff from and after July 1, 1982.

Cross References —

Municipal quarantine regulations, see §§21-19-3,21-19-17.

County health officer, see §41-3-37.

Municipal regulations of health, see §41-3-57.

RESEARCH REFERENCES

ALR.

Propriety of state or local government health officer’s warrantless search–post-Camara cases. 53 A.L.R.4th 1168.

JUDICIAL DECISIONS

1. In general.

This section [Code 1942, § 7082], abolishing all other local, municipal, and county health agencies on creation by county of health department hereunder, controls general statutes empowering municipalities to enact ordinances and prescribe health regulations. City of Jackson v. Ferguson, 167 Miss. 819, 150 So. 531, 1933 Miss. LEXIS 151 (Miss. 1933).

Where county had created health department under this section [Code 1942, § 7082], providing for automatic abolition of all other local, municipal, and county health agencies, municipal ordinance providing for inspection of all foods offered for sale and payment of fees fixed in ordinance was void. City of Jackson v. Ferguson, 167 Miss. 819, 150 So. 531, 1933 Miss. LEXIS 151 (Miss. 1933).

§ 41-3-45. Term of office of director; removal.

The State Board of Health shall remove any director at any time for such conduct as it may deem improper, or for neglect of duty, or for incompetency, or for any offense which in its judgment, is detrimental to the public welfare. It may summarily suspend any director until any complaint made of such director may be fully investigated by the State Board of Health.

HISTORY: Codes, Hemingway’s 1921 Supp. § 4884i; 1930, § 4928; 1942, § 7084; Laws, 1920, ch. 208; Laws, 1982, ch. 494, § 13, eff from and after July 1, 1982.

Cross References —

County health officer, see §41-3-37.

§ 41-3-47. Repealed.

Repealed by Laws, 1982, ch. 494, § 16, eff from and after July 1, 1982.

[Codes, Hemingway’s 1921 Supp. § 4884l; 1930, § 4931; 1942, § 7087; Laws, 1920, ch. 208]

Editor’s Notes —

Former §41-3-47 provided that the director of a county board of health did not have to be a resident, and directed that the director be furnished living quarters.

§ 41-3-49. Powers and duties of director.

The director appointed pursuant to Section 41-3-43 shall be given authority to enforce all health laws of the district or county under the supervision and direction of the State Board of Health, or its executive committee, and to make such investigation of health problems and recommend and institute such measures as may be necessary. He shall be under the supervision, direction and jurisdiction of the State Board of Health, or its executive committee, and he shall make report to said Board of Health of all matters concerning the sanitary conditions of his district or county in the manner prescribed by the state board of health, or its executive committee.

HISTORY: Codes, Hemingway’s 1921 Supp. § 4884h; 1930, § 4927; 1942, § 7083; Laws, 1920, ch. 208.

Cross References —

County health officer, see §41-3-37.

Director of State Board of Health being member of marine conservation commission, see §49-15-11.

RESEARCH REFERENCES

Am. Jur.

39 Am. Jur. 2d, Health §§ 1 et seq.

CJS.

39A C.J.S., Health and Environment §§ 18 et seq.

§ 41-3-51. Records and reports of director.

The director appointed pursuant to Section 41-3-43 of any county or district shall keep an accurate record of all activities of the department of health of the county or district which he serves for use of the public and for information to the board of health, and such reports as required by the board of health shall be made to it. All officers and employees of the county or district department of health shall be subject to the jurisdiction and regulations of the state board of health or its executive committee.

HISTORY: Codes, Hemingway’s 1921 Supp. § 4884k; 1930, § 4930; 1942, § 7086; Laws, 1920, ch. 208.

Cross References —

Reports by state board of health, see §41-3-19.

§ 41-3-53. Maintenance of county department of health.

The board of supervisors shall be authorized to make such appropriations for the department of health as may be necessary to pay the salary of the director, and the salaries of all necessary sanitary inspectors, nurses, and such other employees as may be employed for carrying on the work. The board shall be authorized to pay all necessary traveling expenses of said employees in the performance of their duties. The board shall be authorized to pay for all necessary medicine, materials and supplies. The board shall provide an office for its health department, and furnish said office, and its employees, with all necessary record books, stationery, stamps, tables, chairs, furniture and all other necessary articles. The board is also authorized to do any and all things necessary and proper to maintain and support a health department. Where two (2) or more counties shall unite in having a department of health, the amount contributed by each for maintaining and supporting the work shall be agreed upon by the respective counties, subject to the approval of the state board of health, or its executive committee, and all salaries to be paid shall be recommended by the state board of health, or its executive committee to the board of supervisors of the county or counties for which the officers or employees are to act. All employees shall be recommended by the state board of health, or its executive committee, and all salaries shall be recommended in the same way.

HISTORY: Codes, Hemingway’s 1921 Supp. § 4884j; 1930, § 4929; 1942, § 7085; Laws, 1920, ch. 208; Laws, 1940, ch. 264.

§ 41-3-55. Repealed.

Repealed by Laws, 1982, ch. 494, § 16, eff from and after July 1, 1982.

[Codes, 1906, § 1645; Hemingway’s 1917, § 4823; 1930, § 4865; 1942, § 7021]

Editor’s Notes —

Former §41-3-55 directed the appointment of a county board of health in each county of the state.

§ 41-3-57. Municipal regulation of health.

Any municipality may pass public health laws or ordinances and enforce the collection and registration of birth, health, and mortuary statistics. However, such power shall be subject to and not inconsistent with the rules and regulations of the state board of health touching the health interests of the county in which such municipality is situated. In the absence of an explicit agreement to the contrary between the state board of health and such municipality, enforcement of municipal laws shall be the responsibility of the municipality.

HISTORY: Codes, 1892, § 2281; 1906, § 2505; Hemingway’s 1917, § 4854; 1930, § 4891; 1942, § 7047; Laws, 1982, ch. 494, § 14, eff from and after July 1, 1982.

Cross References —

Municipal quarantine regulations, see §§21-19-3,21-19-17.

County health officer, see §41-3-37.

County health departments, see §§41-3-43,41-3-45,41-3-49 through41-3-53.

RESEARCH REFERENCES

Am. Jur.

39 Am. Jur. 2d, Health § 5.

CJS.

39A C.J.S., Health and Environment §§ 4, 6, 10.

JUDICIAL DECISIONS

1. In general.

Ordinance forbidding barber shops to open before 7:30 a.m. or remain open after 6:30 p.m. could not be held valid on ground it was designed to fix reasonable time for inspecting barber shops. Knight v. Johns, 161 Miss. 519, 137 So. 509, 1931 Miss. LEXIS 290 (Miss. 1931).

§ 41-3-59. Violation of health rules.

Except as may otherwise be provided, any person who shall knowingly violate any of the provisions of this chapter, or any rule or regulation of the state board of health, or any order or regulation of the board of supervisors of any county or any municipal ordinance herein authorized to be made, shall be guilty of a misdemeanor, and on conviction shall be punished by fine not exceeding Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or by both.

HISTORY: Codes, 1892, § 2287; 1906, § 2511; Hemingway’s 1917, § 4860; 1930, § 4897; 1942, § 7053; Laws, 1983, ch. 522, § 2, eff from and after July 1, 1983.

Cross References —

Rules of state board of health, see §41-3-17.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

JUDICIAL DECISIONS

1. In general.

This section [Code 1942, § 7053] and other sections bestowed upon the state board of health the authority to make reasonable rules and regulations for the prevention of diseases and the protection of the health of the people. Hawkins v. Hoye, 108 Miss. 282, 66 So. 741, 1914 Miss. LEXIS 201 (Miss. 1914).

§ 41-3-61. Legislative findings about patient-centered medical homes; State Board of Health to adopt guidelines applicable to physician practices, nurse practitioner practices and physician assistant practices that incorporate principles of patient-centered medical home.

  1. The Legislature makes the following findings:
    1. There are patient programs that provide a whole-person orientation that includes care for all stages of life, including acute care, chronic care, preventive services and end-of-life care;
    2. A patient-centered medical home must have Health Information Exchange compliant records, electronically integrated with electronic patient health records, and use practice-based disease management applications to facilitate and measure quality of care at the point of care;
    3. A patient in a patient-centered medical home actively participates in health care decision making, and feedback from the patient is sought to ensure that the expectations of the patient are being met;
    4. Care in a patient-centered medical home is coordinated across all elements of the health care system and the patient’s community to assure that the patient receives the indicated care when and where the patient needs the care in a culturally appropriate manner;
    5. Multiple studies have demonstrated that when minorities have a medical home, racial and ethnic disparities in terms of medical access disappear and the costs of health care decrease;
    6. The American Academy of Pediatrics, the American Academy of Family Physicians, the American College of Physicians, and the American Osteopathic Association, representing more than three hundred thirty thousand (330,000) physicians across the country, have developed Joint Principles of the Patient-Centered Medical Home that describe the characteristics of the patient-centered medical home;
    7. The National Committee for Quality Assurance is developing a patient-centered medical home designation program for physician practices that meets specified criteria; and
    8. The Federal Tax Relief and Health Care Act calls for a three-year medical home demonstration project to be conducted in eight (8) states.
  2. The State Board of Health shall adopt guidelines applicable to physician practices, nurse practitioner practices and physician assistant practices in Mississippi that incorporate the principles of the patient-centered medical home, using all resources available to the board.

HISTORY: Laws, 2010, ch. 402, § 1, eff from and after July 1, 2010.

§ 41-3-63. “Mary D. Osborne Building” renamed the “Dr. Alton B. Cobb — Mary D. Osborne State Public Health Building.”

The “Mary D. Osborne Building” located at 570 East Woodrow Wilson Drive, Jackson, Mississippi, shall be renamed the “Dr. Alton B. Cobb – Mary D. Osborne State Public Health Building.” The Department of Finance and Administration shall prepare or have prepared a distinctive plaque, to be placed in a prominent place within the Dr. Alton Cobb – Mary D. Osborne State Public Health Building which states the background, accomplishments and public health service of Dr. Cobb and Mary Osborne to the State of Mississippi.

HISTORY: Laws, 2010, ch. 505, § 15, eff from and after May 1, 2010. See Editor’s Note.

Editor’s Notes —

This section was enacted by Laws of 2010, ch. 505, § 15, effective July 1, 2010. The effective date of Laws of 2010, ch. 505, was subsequently amended by Laws of 2010, ch. 556, § 1, which provides:

“SECTION 1. Section 18 of House Bill No. 211 (Regular Session) [Chapter 505] is amended to read:

“Section 18. This act shall take effect and be in force from and after May 1, 2010.”

§ 41-3-65. Increase of fees for services or issuance and renewal of licenses and registrations [Repealed effective July 1, 2020].

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

HISTORY: Laws, 2016, ch. 510, § 1, eff from and after July 1, 2016.

Editor’s Notes —

Laws of 2016, ch. 510, § 65 provides:

“SECTION 65. This act shall stand repealed on July 1, 2020.”

Medical Services for Uninsured

§ 41-3-101. Provision of free medical services to those uninsured and unable to pay.

The State Department of Health is authorized to contract with the Mississippi State Medical Association or any other party for the purpose of establishing a statewide, district, county or local pilot program, on a pilot program basis, for providing needed medical services at no charge to persons who have no form of health insurance and are unable to pay for such medical services. Any such pilot program shall be conditioned upon the availability of funds obtained for such purpose from public or private sources. Under such program, the department shall set the criteria for eligibility to receive such free medical services and, through the county health departments, shall determine which individuals are eligible to receive such services.

HISTORY: Laws, 1990, ch. 544, § 1; Laws, 2010, ch. 505, § 13, eff from and after May 1, 2010. See Editor’s Note.

Editor’s Notes —

This section was amended by Laws of 2010, ch. 505, § 13, effective from and after July 1, 2010. The effective date of Laws of 2010, ch. 505, was subsequently amended by Laws of 2010, ch. 556, § 1 which provides:

“SECTION 1. Section 18 of House Bill No. 211 (Regular Session) [Chapter 505] is amended to read:

“Section 18. This act shall take effect and be in force from and after May 1, 2010.”

Amendment Notes —

The 2010 amendment, in the first sentence, inserted “or any other party,” “district, county or local pilot” and “on a pilot program basis”; added the second sentence, and deleted the former last two sentences, which dealt with duties of the Mississippi State Medical Association in relation to identifying and soliciting physicians for the statewide program and payment of related administrative costs.

Health Action Plans

§ 41-3-201. Health action plans.

  1. Diabetes annual action plan; submission; content. The State Department of Health shall submit an action plan to the Senate Committee on Public Health and Welfare and the House Committee on Public Health and Human Services no later than February 1 of each year on the following:
    1. The financial impact and reach diabetes of all types is having on the State of Mississippi and its residents. Items in this assessment shall include the number of lives with diabetes covered by the State Department of Health, its contracted partners and other stakeholders, the number of lives with diabetes impacted by the prevention and diabetes control programs implemented by the department and its contracted partners, the financial cost diabetes and its complications places on the department and its contracted partners, and the financial cost diabetes and its complications places on the department and its contracted partners in comparison to other chronic diseases and conditions for which the state collects data.
    2. An assessment of the benefits of implemented programs and activities aimed at controlling diabetes and preventing the disease.
    3. A description of the level of coordination existing between the State Department of Health, its contracted partners, and other stakeholders on activities, programmatic activities, and the level of communication on managing, treating or preventing all forms of diabetes and its complications.
    4. The development of a detailed action plan for battling diabetes with a range of actionable items. The plan shall identify proposed action steps to reduce the impact of diabetes, prediabetes, and related diabetes complications. The plan shall identify expected outcomes of the action steps proposed while establishing benchmarks for controlling and preventing diabetes.
    5. The development of a detailed budget blueprint identifying needs, costs, and resources to implement the plan identified in paragraph (d) of this subsection.

      The State Department of Health shall develop a voluntary protocol for practitioners consisting of clinical quality and performance measures for the treatment of patients with diabetes. The clinical quality and performance measures shall include A1c control, low density lipoprotein control, high blood pressure control, hypoglycemia control and tobacco nonuse.

  2. Obesity annual action plan; submission; content. The State Department of Health shall submit an action plan to the Senate Committee on Public Health and Welfare and the House Committee on Health and Human Services no later than February 1 of each year on the following:
    1. The financial impact and reach obesity is having on the State of Mississippi and its residents. Items included in this assessment shall include the number of lives with obesity covered by the State Department of Health and its contracted partners and other stakeholders, the number of lives with obesity impacted by the prevention and control programs implemented by the State Department of Health and its contracted partners, the financial cost obesity and its complications places on the State Department of Health and its contracted partners, and the financial cost obesity and its complications places on the State Department of Health and its contracted partners in comparison to other chronic diseases and conditions for which the state collects data.
    2. An assessment of the benefits of implemented programs and activities aimed at controlling obesity and preventing the disease.
    3. A description of the level of coordination existing between the State Department of Health, its contracted partners, and other stakeholders on activities, programmatic activities, and the level of communication on managing, treating or preventing obesity and its complications.
    4. The development of a detailed action plan for battling obesity with a range of actionable items. The plan shall identify proposed action steps to reduce the impact of obesity and related obesity complications. The plan shall identify expected outcomes of the action steps proposed while establishing benchmarks for controlling and preventing obesity.
    5. The development of a detailed budget blueprint identifying needs, costs and resources to implement the plan identified in paragraph (d) of this subsection (2).
  3. The State Department of Health is authorized and empowered to accept and expend monetary or in-kind contributions, gifts and grants to carry out the provisions of this section. Such contributions, gifts and grants shall be deposited into a special fund, hereby established in the State Treasury, to be known as the “Health Action Plan Contribution Fund.”

HISTORY: Laws, 2014, ch. 352, § 12, eff from and after July 1, 2014.

Chapter 4. Department of Mental Health

§ 41-4-1. Declaration of goal; promulgation of regulations to ensure certain core mental health services are provided throughout the state.

  1. The goal of the Rose Isabel Williams Mental Health Reform Act of 2011 is to reform the current Mississippi mental health delivery system so that necessary services, supports and operational structures for all its citizens with mental illness and/or alcohol and drug dependence and/or comorbidity, whether children, youth or adults, are accessible and delivered preferably in the communities where these citizens live. To accomplish this goal, this act provides that initially certain core services as defined in subsection (2) of this section should be available to residents of each county in the state. These services may be provided by community mental health/intellectual disability centers. In order to determine what services are available, the State Department of Mental Health is directed to survey the community mental health/intellectual disability centers, and the community mental health/intellectual disability centers are directed to report what services they are currently providing in each county. This act does not require any community mental health/intellectual disability center to provide any service. This act is not independent authority for any program not otherwise authorized.
  2. The State Board of Mental Health is authorized and empowered to promulgate regulations to ensure that core adult mental health services, child mental health services, intellectual/developmental disability services, and substance abuse prevention and treatment/rehabilitation services are provided throughout the state through the regional mental health/intellectual disability commissions and centers or through other providers. The State Board of Mental Health is directed to give priority to crisis services and crisis stabilization unit services provided twenty-four (24) hours a day, seven (7) days a week, where trained emergency-crisis response staff triage referrals and respond in a timely and adequate manner to diffuse a current personal crisis situation.

HISTORY: Laws, 1974, ch. 567, § 1; Laws, 2010, ch. 476, § 17; Laws, 2011, ch. 501, § 2, eff from and after July 1, 2011.

Editor’s Notes —

Laws of 2009, ch. 552, § 1, as amended by Laws of 2010, ch. 513, § 1, provides:

“SECTION 1. (1) There is created a Joint Legislative Study Committee to study and make recommendations for improving the mental health system in Mississippi. The committee shall, at a minimum, examine the following topics:

“(a) The current delivery system of mental health services by state, regional and local public entities;

“(b) The structure of the State Department of Mental Health, including the makeup of the State Board of Mental Health and the qualifications of the executive director of the department;

“(c) The delivery of mental health services through a community-based system rather than an institutional-based system, focusing on delivery through the community mental health centers;

“(d) The disparity of services and programs within the different community mental health regions as they are currently comprised;

“(e) The options and solutions for ongoing and long-term financing of the community mental health system;

“(f) The organizational structure of the community mental health system, including the makeup of the commissions and the governing authority of each community mental health region; and

“(g) Any other matters of importance relating to the delivery of mental health services in the state.

“(2) The joint committee shall be composed of the following ten (10) members:

“(a) The Chairman of the House Public Health and Human Services Committee and the Chairman of the Senate Public Health and Welfare Committee, who will be the cochairmen of the joint committee;

“(b) The Chairman of the House Appropriations Committee, or his designee;

“(c) The Chairman of the Senate Appropriations Committee, or his designee;

“(d) Three (3) senators to be appointed by the Lieutenant Governor; and

“(e) Three (3) representatives to be appointed by the Speaker of the House.

“(3) Appointments shall be made within thirty (30) days after the effective date of this section. The first meeting of the committee shall be held on a day to be designated jointly by the Speaker of the House and the Lieutenant Governor. A majority of the members of the committee shall constitute a quorum. In the adoption of rules, resolutions and reports, an affirmative vote of a majority of the members of each house shall be required.

“(4) Members of the committee shall be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session, but only if specifically authorized by the Senate Rules Committee or the House Management Committee, as the case may be; however, no per diem or expense for attending meetings of the committee may be paid while the Legislature is in session. Members of the committee may receive per diem and expenses when the Legislature is in session but in recess under the terms of a concurrent resolution, or in recess during a special session, but only if specifically authorized by the Senate Rules Committee or the House Management Committee, as the case may be.

“(5) The committee shall make an initial report of its findings and recommendations to the Legislature not later than December 1, 2009. The committee shall continue in existence and study the issues specified under this section and shall make a report of its findings and recommendations not later than January 2011, including any recommended legislation. At the time of submission of its final report, the committee shall be dissolved.

“(6) (a) The Lieutenant Governor and the Speaker of the House of Representatives may jointly appoint not more than twelve (12) members to an advisory council to the joint committee. The members of the advisory committee appointed in 2009 shall continue to serve in 2010-2011 as long as the committee continues in existence.

“(b) The members of the advisory council shall either be engaged professionally in rendering mental health services or general medical services or be consumers of mental health services or representatives of those consumers.

“(c) The advisory council may meet with the Joint Legislative Study Committee and may hold special meetings as deemed necessary.”

Laws of 2011, ch. 501, § 1, provides:

“SECTION 1. This act shall be known and may be cited as the ‘Rose Isabel Williams Mental Health Reform Act of 2011.’ ”

The provisions of §41-4-2, as enacted by Section 3 of Chapter 501, Laws of 2011, are identical to the provisions of this section as it appeared prior to amendment by Section 2 of Chapter 501, Laws of 2011.

Laws of 2014, ch. 480, § 1, as amended by Laws of 2018, ch. 449, § 4, provides:

“SECTION 1. (1) The Department of Finance and Administration is authorized to transfer and convey, by the methods specified in this section, certain real property that is located on Capers Avenue in the City of Jackson, Hinds County, Mississippi, and is more particularly described as follows:

“Starting at the concrete monument that is the SW corner of the SE 1/2 of the SW 1/2 of Section 33, T6N-R1E in the First Judicial District of Hinds County, Mississippi, and being also within the corporate limits of the City of Jackson, run thence due East along the line between Section 33, T6N-R1E and Section 4, T5N-R1E for a distance of 1138.85 feet to a concrete monument of the south right-of-way line of the Illinois Central Railroad, the point of beginning. Run thence S 42 degrees-03° E along said South right-of-way line of the Illinois Central Railroad for a distance of 134.45 feet to a concrete monument of the line between the land being described herein and Battle Hill Subdivision of the City of Jackson; run thence S 31 degrees-51° W along said line between the land being described herein and Battle Hill Subdivision of the City of Jackson for a distance of 430.48 feet to a point on the north line of Capers Avenue (Extended) as said avenue is now laid out and dedicated in the City of Jackson, Hinds County, Mississippi; run thence N 54 degrees-09° W along said north line of Capers Avenue (Extended) for a distance of 873.53 feet to the P.C. of a curve to the right with a radius (arc) of 536.19 feet; run thence along said curve and said north line of Capers Avenue (Extended) for a distance of 493.56 feet to the P.T. of said curve; run thence due north along the east line of Capers Avenue (Extended) for a distance of 478.86 feet to the P.C. of a curve to the right with a radius (arc) of 321.77 feet; run thence along said curve and said east line of Capers Avenue (Extended) for a distance of 176.59 feet to a point on the south right-of-way line of the Illinois Central Railroad; run thence S 42 degrees-01´ 21´´ E along said South right-of-way line of the Illinois Central Railroad for a distance of 1661.56 feet to the point of beginning. All of the above described land being situated in the SE 1/4 of the SW 1/4 of Section 33, T6N-R1E and the NE 1/4 of the NW 1/4 of Section 4, T5N-R1E in the First Judicial District of Hinds County, Mississippi, and being wholly within the corporate limits of the City of Jackson and containing 18.35 acres, more or less.

“(2) The property described in subsection (1) of this section may be transferred and conveyed by either of the following methods:

“(a) If sold, the real property and the improvements thereon described in subsection (1) of this section shall be sold for not less than the current fair market value as determined by the average of at least two (2) appraisals by qualified appraisers, one (1) of which shall be selected by the Department of Finance and Administration, and both of whom shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board;

“(b) If the real property described in subsection (1) of this section is unable to be sold as authorized under paragraph (a) of this subsection (2), the Department of Finance and Administration may conduct a public auction to dispose of such property. Upon a determination by the department that the property cannot be sold by bid at appraised value, the department shall thereafter publish notice of public auction in some newspaper of general circulation in the state for at least three (3) consecutive weeks after which the department can sell the property at public auction to the highest bidder; or

“(c) If a formal request for the property described in subsection (1) of this section is made by the Mayor and Council of the City of Jackson, Mississippi, before any such sale or auction authorized under paragraphs (a) and (b) of this subsection (2) occurs, the Department of Finance and Administration shall transfer and convey the property described herein upon receipt of a duly adopted resolution by the Mayor and Council of the City of Jackson, Mississippi, and spread upon its minutes, declaring their intention to request possession of the property.

“(3) The state shall retain all mineral rights in the property described in subsection (1) of this section.

“(4) The Department of Finance and Administration is vested with the authority to correct any discrepancies in the legal description of the property described in subsection (1) of this section.

“(5) Any monies derived from the sale or auction of the property described in subsection (1) in accordance with subsection (2)(a) or (b) of this section shall be deposited into the state land acquisition fund.”

Laws of 2014, ch. 484, § 1 provides:

“SECTION 1. (1) The Mississippi Board of Mental Health, acting through the Mississippi Department of Mental Health, is authorized to sell to the Clarke College Alumni Association certain state-owned real property located at the Central Mississippi Residential Center in Newton County, Mississippi, for use as a Clarke College Alumni House, such property being more specifically described as follows:

“Start at the intersection of the West right-of-way line of Scanlan Street and the North right-of-way line of College Street, said point being 1295.24 feet North and 2084.32 feet East of the Southwest corner of Section 27, T6N, R11E, City of Newton, Newton County, Mississippi, and run thence North 06 degrees 02 minutes 03 seconds East, 130.89 feet along the West right-of-way line of Scanlan Street to the point of beginning: Thence run North 06 degrees 02 minutes 03 seconds East, 33.36 feet along the West right-of-way line of Scanlan Street; thence North 00 degrees 40 minutes 33 seconds East, 139.33 feet along the West right-of-way line of Scanlan Street to its intersection with the South right-of-way line of McMullan Avenue; thence North 89 degrees 32 minutes 43 seconds West, 251.47 feet along the South right-of-way line of McMullan Avenue; thence South 01 degree 42 minutes 37 seconds West, 172.58 feet; thence South 89 degrees 32 minutes 43 seconds East, 251.47 feet to the point of beginning. The herein described property is situated in the NE 1/4 of the SW 1/4 and the SE 1/4 of the SW 1/4 of the said Section 27 and contains 1.0 acre, more or less.

“This conveyance is made subject to any and all prior reservations or exceptions of oil, gas and minerals.

“(2) The real property and the improvements thereon described in subsection (1) of this section shall be sold for not less than the current fair market value as determined by the average of at least two (2) appraisals by qualified appraisers, one (1) of which shall be selected by the Department of Finance and Administration, and both of whom shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board.

“(3) All monies derived from the sale of the property described in subsection (1) of this section shall be deposited into a special fund created in the State Treasury for the use and benefit of the Mississippi Department of Mental Health. Unexpended amounts remaining in the special fund at the end of the fiscal year shall not lapse into the State General Fund, and any interest earned on the amounts in the special fund shall be deposited to the credit of the special fund.

“(4) The Department of Finance and Administration may correct any discrepancies in the legal description provided in this section.

“(5) The State of Mississippi shall retain all mineral rights to the property sold under this section.

“(6) If at any time after the sale of the property described in subsection (1) of this section to the Clarke College Alumni Association, the property falls into a state of disrepair, is not properly maintained, or ceases to be used by such purchasing association for a reasonably significant period of time, the property shall revert to the Board of Mental Health for use by the Department of Mental Health.

“(7) This section shall stand repealed from and after July 1, 2016.”

Amendment Notes —

The 2010 amendment substituted “for persons of this state with mental illness, emotional disturbance, alcoholism, drug dependence, and an intellectual disability” for “for the mentally ill, emotionally disturbed, alcoholic, drug dependent, and mentally retarded persons of this state” and “intellectual disability services” for “mental retardation services.”

The 2011 amendment rewrote the section.

Cross References —

State board of mental health, acting through strategic planning and best practices committee, to Implement system of performance measures for services specified in subsection (2) of this section, see §41-4-7.

State mental institutions generally, see §§41-17-1 et seq.

Mental retardation and illness centers, facilities and services, see §§41-19-1 et seq.

Annual operational plan required by §41-4-7 to include listing of services specified in this section that will be provided and those that won’t be provided, see §41-19-33.

Drug abuse education programs, see §41-29-169.

Research programs on misuse and abuse of controlled substances, see §41-29-171.

Alcoholism and alcohol abuse prevention control and treatment, see §§41-30-1 et seq.

Commitment of alcoholics and drug addicts for treatment, see §§41-31-1 et seq.

RESEARCH REFERENCES

Practice References.

Health Care Administration Library (CD-ROM) (Matthew Bender).

Perlin, Mental Disability Law: Civil and Criminal, Second Edition (LexisNexis).

§ 41-4-2. Purpose of chapter.

The purpose of this chapter is to coordinate, develop, improve, plan for, and provide all services for persons of this state with mental illness, emotional disturbance, alcoholism, drug dependence, and an intellectual disability; to promote, safeguard and protect human dignity, social well-being and general welfare of these persons under the cohesive control of one (1) coordinating and responsible agency so that mental health and intellectual disability services and facilities may be uniformly provided more efficiently and economically to any resident of the State of Mississippi; and further to seek means for the prevention of these disabilities.

HISTORY: Laws, 2011, ch. 501, § 3, eff from and after July 1, 2011.

Editor’s Notes —

Laws of 2011, ch. 501, § 1, provides:

“SECTION 1. This act shall be known and may be cited as the ‘Rose Isabel Williams Mental Health Reform Act of 2011.’ ”

The provisions of this section as enacted by Section 3 of Chapter 501, Laws of 2011, are identical to the provisions of Section 41-4-1 as it appeared prior to amendment by Section 2 of Chapter 501, Laws of 2011.

§ 41-4-3. State Board of Mental Health.

  1. There is created a State Board of Mental Health, referred to in this chapter as “board,” consisting of nine (9) members, to be appointed by the Governor, with the advice and consent of the Senate, each of whom shall be a qualified elector. One (1) member shall be appointed from each congressional district as presently constituted; and four (4) members shall be appointed from the state at large, one (1) of whom shall be a licensed medical doctor who is a psychiatrist, one (1) of whom shall hold a Ph.D. degree and be a licensed clinical psychologist, one (1) of whom shall be a licensed medical doctor, and one (1) of whom shall be a social worker with experience in the mental health field.

    No more than two (2) members of the board shall be appointed from any one (1) congressional district as presently constituted.

    Each member of the initial board shall serve for a term of years represented by the number of his congressional district; two (2) state at large members shall serve for a term of six (6) years; two (2) state at large members shall serve for a term of seven (7) years; subsequent appointments shall be for seven-year terms and the Governor shall fill any vacancy for the unexpired term.

    The board shall elect a chairman whose term of office shall be one (1) year and until his successor shall be elected.

  2. Each board member shall be entitled to a per diem as is authorized by law and all actual and necessary expenses, including mileage as provided by law, incurred in the discharge of official duties.
  3. The board shall hold regular meetings quarterly and such special meetings deemed necessary, except that no action shall be taken unless there is present a quorum of at least five (5) members.

HISTORY: Laws, 1974, ch. 567, § 2; Laws, 1980, ch. 560, § 16; Laws, 2010, ch. 548, § 11, eff from and after July 1, 2010.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a publishing error in the first sentence of subsection (1). The word “advise” was changed to “advice” so that “...with the advise and consent of the Senate...” will read “...with the advice and consent of the Senate...”. The Joint Committee ratified the correction at its June 3, 2003, meeting.

Amendment Notes —

The 2010 amendment, in the first sentence of (1), inserted “in this chapter,” and made minor stylistic changes; and substituted “shall hold regular meetings quarterly” for “shall hold regular meetings monthly” in (3).

Cross References —

For provision authorizing uniform per diem compensation for officers and employees of state boards, commissions and agencies, see §25-3-69.

State board of health, see §§41-3-1.1 et seq.

Duty of State Board of Mental Health to administer Hudspeth Retardation Center, see §41-19-235.

Procedures for and individual’s procedural and substantive rights during the initial involuntary commitment hearing and thereafter, see §§41-21-61 et seq.

OPINIONS OF THE ATTORNEY GENERAL

There is no statutory bar to appointment of individual to State Board of Mental Health to represent Fifth Congressional District when individual lived in Fifth District at time Section 41-4-3 was passed but currently resides in Fourth Congressional District. 1994 Miss. Op. Att'y Gen. 3.

RESEARCH REFERENCES

Practice References.

Health Care Administration Library (CD-ROM) (Matthew Bender).

Perlin, Mental Disability Law: Civil and Criminal, Second Edition (LexisNexis).

§ 41-4-5. State Department of Mental Health.

There is created the State Department of Mental Health, herein referred to as “department,” which shall consist of four (4) or more divisions, among them the Division of Intellectual Disabilities, the Division of Alcohol and Drug Misuse, the Division of Mental Health, and the Division of Administration, Planning and Coordination, and such other divisions as the board deems appropriate.

HISTORY: Laws, 1974, ch. 567, § 3; Laws, 2010, ch. 476, § 18, eff from and after passage (approved Apr. 1, 2010).

Amendment Notes —

The 2010 amendment substituted “Division of Intellectual Disabilities” for “division of mental retardation” and made minor stylistic changes.

Cross References —

General functions of the division of alcohol and drug misuse, see §§41-30-1 et seq.

Assistance by Department of Mental Health in making relevant information available to Cooperative Extension Service for information clearinghouse assisting farmers, see §69-2-5.

JUDICIAL DECISIONS

1. Service of process.

Although a state hospital and a state mental health department were established and controlled by Miss. Code Ann. §41-4-11(2) and Miss. Code Ann. §41-4-5 and service of process was governed by Miss. R. Civ. P. 4(d)(5), requiring service upon the Attorney General, the entitles waived the defenses of insufficient process and insufficient service of process because even though the defenses were properly and timely raised in their answer to a wrongful death action, their subsequent participation in litigation and their failure to pursue the defenses for two years waived the defenses. East Miss. State Hosp. v. Adams, 947 So. 2d 887, 2007 Miss. LEXIS 13 (Miss. 2007).

RESEARCH REFERENCES

Practice References.

Health Care Administration Library (CD-ROM) (Matthew Bender).

Perlin, Mental Disability Law: Civil and Criminal, Second Edition (LexisNexis).

§ 41-4-7. Powers and duties of board [Paragraph (f) repealed effective July 1, 2017].

The State Board of Mental Health shall have the following powers and duties:

To appoint a full-time Executive Director of the Department of Mental Health, who shall be employed by the board and shall serve as executive secretary to the board. The first director shall be a duly licensed physician with special interest and competence in psychiatry, and shall possess a minimum of three (3) years’ experience in clinical and administrative psychiatry. Subsequent directors shall possess at least a master’s degree or its equivalent, and shall possess at least ten (10) years’ administrative experience in the field of mental health. The salary of the executive director shall be determined by the board;

To appoint a Medical Director for the Department of Mental Health. The medical director shall provide clinical oversight in the implementation of evidence-based and best practices; provide clinical leadership in the integration of mental health, intellectual disability and addiction services with community partners in the public and private sectors; and provide oversight regarding standards of care. The medical director shall serve at the will and pleasure of the board, and will undergo an annual review of job performance and future service to the department;

To cooperate with the Strategic Planning and Best Practices Committee created in Section 41-4-10, Mississippi Code of 1972, in establishing and implementing its state strategic plan;

To develop a strategic plan for the development of services for persons with mental illness, persons with developmental disabilities and other clients of the public mental health system. Such strategic planning program shall require that the board, acting through the Strategic Planning and Best Practices Committee, perform the following functions respecting the delivery of services:

Establish measures for determining the efficiency and effectiveness of the services specified in Section 41-4-1(2);

Conducting studies of community-based care in other jurisdictions to determine which services offered in these jurisdictions have the potential to provide the citizens of Mississippi with more effective and efficient community-based care;

Evaluating the efficiency and effectiveness of the services specified in Section 41-4-1(2);

Recommending to the Legislature by January 1, 2014, any necessary additions, deletions or other changes necessary to the services specified in Section 41-4-1(2);

Implementing by July 1, 2012, a system of performance measures for the services specified in Section 41-4-1(2);

Recommending to the Legislature any changes that the department believes are necessary to the current laws addressing civil commitment;

Conducting any other activities necessary to the evaluation and study of the services specified in Section 41-4-1(2);

Assisting in conducting all necessary strategic planning for the delivery of all other services of the department. Such planning shall be conducted so as to produce a single strategic plan for the services delivered by the public mental health system and shall establish appropriate mission statements, goals, objectives and performance indicators for all programs and services of the public mental health system. For services other than those specified in Section 41-4-1(2), the committee shall recommend to the State Board of Mental Health a strategic plan that the board may adopt or modify;

To set up state plans for the purpose of controlling and treating any and all forms of mental and emotional illness, alcoholism, drug misuse and developmental disabilities;

To supervise, coordinate and establish standards for all operations and activities of the state related to mental health and providing mental health services. Nothing in this chapter shall preclude the services of a psychiatric/mental health nurse practitioner in accordance with an established nurse practitioner/physician protocol. A physician, licensed psychologist, psychiatric/mental health nurse practitioner in accordance with an established nurse practitioner/physician protocol, physician assistant, licensed professional counselor, licensed marriage and family therapists, or licensed clinical social worker shall certify each client’s record annually after seeing the client in person or by telemedicine, and more often if medically indicated by physically visiting the client and certifying same in the record. The board shall have the authority to develop and implement all standards and plans and shall have the authority to establish appropriate actions, including financially punitive actions, to ensure enforcement of these established standards, in accordance with the Administrative Procedures Law (Section 25-43-1.101 et seq.). The regional community mental health/intellectual disability centers shall comply with all of the board’s established standards that are applicable to those centers, and the board may withhold any state funds that otherwise would be allocated or paid to any of those centers that does not comply with the board’s established standards. This paragraph (f) shall stand repealed on July 1, 2017;

To enter into contracts with any other state or federal agency, or with any private person, organization or group capable of contracting, if it finds such action to be in the public interest;

To collect reasonable fees for its services; however, if it is determined that a person receiving services is unable to pay the total fee, the department shall collect any amount such person is able to pay;

To certify, coordinate and establish minimum standards and establish minimum required services, as specified in Section 41-4-1(2), for regional mental health and intellectual disability commissions and other community service providers for community or regional programs and services in adult mental health, children and youth mental health, intellectual disabilities, alcoholism, drug misuse, developmental disabilities, compulsive gambling, addictive disorders and related programs throughout the state. Such regional mental health and intellectual disability commissions and other community service providers shall, on or before July 1 of each year, submit an annual operational plan to the State Department of Mental Health for approval or disapproval based on the minimum standards and minimum required services established by the department for certification and itemize the services specified in Section 41-4-1(2). As part of the annual operation plan required by this paragraph (i) submitted by any regional community mental health center or by any other reasonable certification deemed acceptable by the department, the community mental health center shall state those services specified in Section 41-4-1(2) that it will provide and also those services that it will not provide. If the department finds deficiencies in the plan of any regional commission or community service provider based on the minimum standards and minimum required services established for certification, the department shall give the regional commission or community service provider a six-month probationary period to bring its standards and services up to the established minimum standards and minimum required services. After the six-month probationary period, if the department determines that the regional commission or community service provider still does not meet the minimum standards and minimum required services established for certification, the department may remove the certification of the commission or provider and from and after July 1, 2011, the commission or provider shall be ineligible for state funds from Medicaid reimbursement or other funding sources for those services. However, the department shall not mandate a standard or service, or decertify a regional commission or community service provider for not meeting a standard or service, if the standard or service does not have funding appropriated by the Legislature or have a state, federal or local funding source identified by the department. No county shall be required to levy millage to provide a mandated standard or service above the minimum rate required by Section 41-19-39. After the six-month probationary period, the department may identify an appropriate community service provider to provide any core services in that county that are not provided by a community mental health center. However, the department shall not offer reimbursement or other accommodations to a community service provider of core services that were not offered to the decertified community mental health center for the same or similar services. The State Board of Mental Health shall promulgate rules and regulations necessary to implement the provisions of this paragraph (i), in accordance with the Administrative Procedures Law (Section 25-43-1.101 et seq.);

To establish and promulgate reasonable minimum standards for the construction and operation of state and all Department of Mental Health certified facilities, including reasonable minimum standards for the admission, diagnosis, care, treatment, transfer of patients and their records, and also including reasonable minimum standards for providing day care, outpatient care, emergency care, inpatient care and follow-up care, when such care is provided for persons with mental or emotional illness, an intellectual disability, alcoholism, drug misuse and developmental disabilities;

To implement best practices for all services specified in Section 41-4-1(2), and to establish and implement all other services delivered by the Department of Mental Health. To carry out this responsibility, the board shall require the department to establish a division responsible for developing best practices based on a comprehensive analysis of the mental health environment to determine what the best practices for each service are. In developing best practices, the board shall consider the cost and benefits associated with each practice with a goal of implementing only those practices that are cost-effective practices for service delivery. Such best practices shall be utilized by the board in establishing performance standards and evaluations of the community mental health centers’ services required by paragraph (d) of this section;

To assist community or regional programs consistent with the purposes of this chapter by making grants and contracts from available funds;

To establish and collect reasonable fees for necessary inspection services incidental to certification or compliance;

To accept gifts, trusts, bequests, grants, endowments or transfers of property of any kind;

To receive monies coming to it by way of fees for services or by appropriations;

To serve as the single state agency in receiving and administering any and all funds available from any source for the purpose of service delivery, training, research and education in regard to all forms of mental illness, intellectual disabilities, alcoholism, drug misuse and developmental disabilities, unless such funds are specifically designated to a particular agency or institution by the federal government, the Mississippi Legislature or any other grantor;

To establish mental health holding centers for the purpose of providing short-term emergency mental health treatment, places for holding persons awaiting commitment proceedings or awaiting placement in a state mental health facility following commitment, and for diverting placement in a state mental health facility. These mental health holding facilities shall be readily accessible, available statewide, and be in compliance with emergency services’ minimum standards. They shall be comprehensive and available to triage and make appropriate clinical disposition, including the capability to access inpatient services or less restrictive alternatives, as needed, as determined by medical staff. Such facility shall have medical, nursing and behavioral services available on a twenty-four-hour-a-day basis. The board may provide for all or part of the costs of establishing and operating the holding centers in each district from such funds as may be appropriated to the board for such use, and may participate in any plan or agreement with any public or private entity under which the entity will provide all or part of the costs of establishing and operating a holding center in any district;

To certify/license case managers, mental health therapists, intellectual disability therapists, mental health/intellectual disability program administrators, addiction counselors and others as deemed appropriate by the board. Persons already professionally licensed by another state board or agency are not required to be certified/licensed under this section by the Department of Mental Health. The department shall not use professional titles in its certification/licensure process for which there is an independent licensing procedure. Such certification/licensure shall be valid only in the state mental health system, in programs funded and/or certified by the Department of Mental Health, and/or in programs certified/licensed by the State Department of Health that are operated by the state mental health system serving persons with mental illness, an intellectual disability, a developmental disability or addictions, and shall not be transferable;

To develop formal mental health worker qualifications for regional mental health and intellectual disability commissions and other community service providers. The State Personnel Board shall develop and promulgate a recommended salary scale and career ladder for all regional mental health/intellectual disability center therapists and case managers who work directly with clients. The State Personnel Board shall also develop and promulgate a career ladder for all direct care workers employed by the State Department of Mental Health;

The employees of the department shall be governed by personnel merit system rules and regulations, the same as other employees in state services;

To establish such rules and regulations as may be necessary in carrying out the provisions of this chapter, including the establishment of a formal grievance procedure to investigate and attempt to resolve consumer complaints;

To grant easements for roads, utilities and any other purpose it finds to be in the public interest;

To survey statutory designations, building markers and the names given to mental health/intellectual disability facilities and proceedings in order to recommend deletion of obsolete and offensive terminology relative to the mental health/intellectual disability system. Based upon a recommendation of the executive director, the board shall have the authority to name/rename any facility operated under the auspices of the Department of Mental Health for the sole purpose of deleting such terminology;

To ensure an effective case management system directed at persons who have been discharged from state and private psychiatric hospitals to ensure their continued well-being in the community;

To develop formal service delivery standards designed to measure the quality of services delivered to community clients, as well as the timeliness of services to community clients provided by regional mental health/intellectual disability commissions and other community services providers;

To establish regional state offices to provide mental health crisis intervention centers and services available throughout the state to be utilized on a case-by-case emergency basis. The regional services director, other staff and delivery systems shall meet the minimum standards of the Department of Mental Health;

To require performance contracts with community mental health/intellectual disability service providers to contain performance indicators to measure successful outcomes, including diversion of persons from inpatient psychiatric hospitals, rapid/timely response to emergency cases, client satisfaction with services and other relevant performance measures;

To enter into interagency agreements with other state agencies, school districts and other local entities as determined necessary by the department to ensure that local mental health service entities are fulfilling their responsibilities to the overall state plan for behavioral services;

To establish and maintain a toll-free grievance reporting telephone system for the receipt and referral for investigation of all complaints by clients of state and community mental health/intellectual disability facilities;

To establish a peer review/quality assurance evaluation system that assures that appropriate assessment, diagnosis and treatment is provided according to established professional criteria and guidelines;

To develop and implement state plans for the purpose of assisting with the care and treatment of persons with Alzheimer’s disease and other dementia. This plan shall include education and training of service providers, caregivers in the home setting and others who deal with persons with Alzheimer’s disease and other dementia, and development of adult day care, family respite care and counseling programs to assist families who maintain persons with Alzheimer’s disease and other dementia in the home setting. No agency shall be required to provide any services under this section until such time as sufficient funds have been appropriated or otherwise made available by the Legislature specifically for the purposes of the treatment of persons with Alzheimer’s and other dementia;

Working with the advice and consent of the administration of Ellisville State School, to enter into negotiations with the Economic Development Authority of Jones County for the purpose of negotiating the possible exchange, lease or sale of lands owned by Ellisville State School to the Economic Development Authority of Jones County. It is the intent of the Mississippi Legislature that such negotiations shall ensure that the financial interest of the persons with an intellectual disability served by Ellisville State School will be held paramount in the course of these negotiations. The Legislature also recognizes the importance of economic development to the citizens of the State of Mississippi and Jones County, and encourages fairness to the Economic Development Authority of Jones County. Any negotiations proposed which would result in the recommendation for exchange, lease or sale of lands owned by Ellisville State School must have the approval of the State Board of Mental Health. The State Board of Mental Health may and has the final authority as to whether or not these negotiations result in the exchange, lease or sale of the properties it currently holds in trust for persons with an intellectual disability served at Ellisville State School.

If the State Board of Mental Health authorizes the sale of lands owned by Ellisville State School, as provided for under this paragraph (ff), the monies derived from the sale shall be placed into a special fund that is created in the State Treasury to be known as the “Ellisville State School Client’s Trust Fund.” The principal of the trust fund shall remain inviolate and shall never be expended. Any interest earned on the principal may be expended solely for the benefits of clients served at Ellisville State School. The State Treasurer shall invest the monies of the trust fund in any of the investments authorized for the Mississippi Prepaid Affordable College Tuition Program under Section 37-155-9, and those investments shall be subject to the limitations prescribed by Section 37-155-9. Unexpended amounts remaining in the trust fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on amounts in the trust fund shall be deposited to the credit of the trust fund. The administration of Ellisville State School may use any interest earned on the principal of the trust fund, upon appropriation by the Legislature, as needed for services or facilities by the clients of Ellisville State School. Ellisville State School shall make known to the Legislature, through the Legislative Budget Committee and the respective Appropriations Committees of the House and Senate, its proposed use of interest earned on the principal of the trust fund for any fiscal year in which it proposes to make expenditures thereof. The State Treasurer shall provide Ellisville State School with an annual report on the Ellisville State School Client’s Trust Fund to indicate the total monies in the trust fund, interest earned during the year, expenses paid from the trust fund and such other related information.

Nothing in this section shall be construed as applying to or affecting mental health/intellectual disability services provided by hospitals as defined in Section 41-9-3(a), and/or their subsidiaries and divisions, which hospitals, subsidiaries and divisions are licensed and regulated by the Mississippi State Department of Health unless such hospitals, subsidiaries or divisions voluntarily request certification by the Mississippi State Department of Mental Health.

All new programs authorized under this section shall be subject to the availability of funds appropriated therefor by the Legislature;

Working with the advice and consent of the administration of Boswell Regional Center, to enter into negotiations with the Economic Development Authority of Simpson County for the purpose of negotiating the possible exchange, lease or sale of lands owned by Boswell Regional Center to the Economic Development Authority of Simpson County. It is the intent of the Mississippi Legislature that such negotiations shall ensure that the financial interest of the persons with an intellectual disability served by Boswell Regional Center will be held paramount in the course of these negotiations. The Legislature also recognizes the importance of economic development to the citizens of the State of Mississippi and Simpson County, and encourages fairness to the Economic Development Authority of Simpson County. Any negotiations proposed which would result in the recommendation for exchange, lease or sale of lands owned by Boswell Regional Center must have the approval of the State Board of Mental Health. The State Board of Mental Health may and has the final authority as to whether or not these negotiations result in the exchange, lease or sale of the properties it currently holds in trust for persons with an intellectual disability served at Boswell Regional Center. In any such exchange, lease or sale of such lands owned by Boswell Regional Center, title to all minerals, oil and gas on such lands shall be reserved, together with the right of ingress and egress to remove same, whether such provisions be included in the terms of any such exchange, lease or sale or not.

If the State Board of Mental Health authorizes the sale of lands owned by Boswell Regional Center, as provided for under this paragraph (gg), the monies derived from the sale shall be placed into a special fund that is created in the State Treasury to be known as the “Boswell Regional Center Client’s Trust Fund.” The principal of the trust fund shall remain inviolate and shall never be expended. Any earnings on the principal may be expended solely for the benefits of clients served at Boswell Regional Center. The State Treasurer shall invest the monies of the trust fund in any of the investments authorized for the Mississippi Prepaid Affordable College Tuition Program under Section 37-155-9, and those investments shall be subject to the limitations prescribed by Section 37-155-9. Unexpended amounts remaining in the trust fund at the end of a fiscal year shall not lapse into the State General Fund, and any earnings on amounts in the trust fund shall be deposited to the credit of the trust fund. The administration of Boswell Regional Center may use any earnings on the principal of the trust fund, upon appropriation by the Legislature, as needed for services or facilities by the clients of Boswell Regional Center. Boswell Regional Center shall make known to the Legislature, through the Legislative Budget Committee and the respective Appropriations Committees of the House and Senate, its proposed use of the earnings on the principal of the trust fund for any fiscal year in which it proposes to make expenditures thereof. The State Treasurer shall provide Boswell Regional Center with an annual report on the Boswell Regional Center Client’s Trust Fund to indicate the total monies in the trust fund, interest and other income earned during the year, expenses paid from the trust fund and such other related information.

Nothing in this section shall be construed as applying to or affecting mental health/intellectual disability services provided by hospitals as defined in Section 41-9-3(a), and/or their subsidiaries and divisions, which hospitals, subsidiaries and divisions are licensed and regulated by the Mississippi State Department of Health unless such hospitals, subsidiaries or divisions voluntarily request certification by the Mississippi State Department of Mental Health.

All new programs authorized under this section shall be subject to the availability of funds appropriated therefor by the Legislature;

Notwithstanding any other section of the code, the Board of Mental Health shall be authorized to fingerprint and perform a criminal history record check on every employee or volunteer. Every employee and volunteer shall provide a valid current social security number and/or driver’s license number which shall be furnished to conduct the criminal history record check. If no disqualifying record is identified at the state level, fingerprints shall be forwarded to the Federal Bureau of Investigation for a national criminal history record check;

The Department of Mental Health shall have the authority for the development of a consumer friendly single point of intake and referral system within its service areas for persons with mental illness, an intellectual disability, developmental disabilities or alcohol or substance abuse who need assistance identifying or accessing appropriate services. The department will develop and implement a comprehensive evaluation procedure ensuring that, where appropriate, the affected person or their parent or legal guardian will be involved in the assessment and planning process. The department, as the point of intake and as service provider, shall have the authority to determine the appropriate institutional, hospital or community care setting for persons who have been diagnosed with mental illness, an intellectual disability, developmental disabilities and/or alcohol or substance abuse, and may provide for the least restrictive placement if the treating professional believes such a setting is appropriate, if the person affected or their parent or legal guardian wants such services, and if the department can do so with a reasonable modification of the program without creating a fundamental alteration of the program. The least restrictive setting could be an institution, hospital or community setting, based upon the needs of the affected person or their parent or legal guardian;

To have the sole power and discretion to enter into, sign, execute and deliver long-term or multiyear leases of real and personal property owned by the Department of Mental Health to and from other state and federal agencies and private entities deemed to be in the public’s best interest. Any monies derived from such leases shall be deposited into the funds of the Department of Mental Health for its exclusive use. Leases to private entities shall be approved by the Department of Finance and Administration and all leases shall be filed with the Secretary of State;

To certify and establish minimum standards and minimum required services for county facilities used for housing, feeding and providing medical treatment for any person who has been involuntarily ordered admitted to a treatment center by a court of competent jurisdiction. The minimum standard for the initial assessment of those persons being housed in county facilities is for the assessment to be performed by a physician, preferably a psychiatrist, or by a nurse practitioner, preferably a psychiatric nurse practitioner. If the department finds deficiencies in any such county facility or its provider based on the minimum standards and minimum required services established for certification, the department shall give the county or its provider a six-month probationary period to bring its standards and services up to the established minimum standards and minimum required services. After the six-month probationary period, if the department determines that the county or its provider still does not meet the minimum standards and minimum required services, the department may remove the certification of the county or provider and require the county to contract with another county having a certified facility to hold those persons for that period of time pending transportation and admission to a state treatment facility. Any cost incurred by a county receiving an involuntarily committed person from a county with a decertified holding facility shall be reimbursed by the home county to the receiving county.

HISTORY: Laws, 2013, ch. 549, § 1, eff from and after July 1, 2013.

§41-4-7. Laws, 1974, ch. 567, § 4; Laws, 1978, ch. 388, § 1; Laws, 1996, ch. 446, § 1; Laws, 1997, ch. 328, § 1; Laws, 1997, ch. 384, § 1; Laws, 1997, ch. 587, § 2; Laws, 1998, ch. 329, § 1; Laws, 1998, ch. 341, § 1; Laws, 1999, ch. 342, § 1; Laws, 2001, ch. 601, § 1; Laws, 2002, ch. 357, § 1; Laws, 2003, ch. 371, § 1; Laws, 2003, ch. 438, § 1; Laws, 2004, ch. 517, § 1; Laws, 2005, ch. 387, § 1; Laws, 2008, ch. 523, § 1; Laws, 2009, ch. 543, § 1; Laws, 2010, ch. 476, § 19; Laws, 2010, ch. 499, § 1; Laws, 2011, ch. 501, § 4; Laws, 2012, ch. 509, § 1.

Joint Legislative Committee Note —

Section 1 of ch. 329, Laws, 1998, effective July 1, 1998, amended this section. Section 1 of ch. 341, Laws, 1998, effective July 1, 1998, also amended this section. As set out above, this section reflects the language of both amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the May 20, 1998, meeting of the Committee.

Section 1 of ch. 371, Laws, 2003, effective from and after July 1, 2003 (approved March 13, 2003), amended this section. Section 1 of ch. 438, Laws, 2003, effective from and after July 1, 2003 (approved March 18, 2003), also amended this section. As set out above, this section reflects the language of both amendments pursuant to Section 1-3-79 which gives the Joint Legislative Committee on Compilation, Revision, and Publication authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision, and Publication ratified the integration of these amendments as consistent with the legislative intent at the June 3, 2003, meeting of the Committee.

Section 19 of ch. 476, Laws of 2010, effective upon passage (approved April 1, 2010), amended this section. Section 1 of ch. 499, Laws of 2010, effective July 1, 2010 (approved April 7, 2010), also amended this section. As set out above, this section reflects the language of Section 1 of ch. 499, Laws of 2010, which contains language that specifically provides that it supersedes §41-4-7 as amended by Chapter 476, Laws of 2010.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in a statutory reference in the fourth sentence of (f) by substituting “ Section 25-43-1.101 et seq.” for “ Section 25-43-1 et seq.” The Joint Committee ratified the correction at its August 1, 2013, meeting.

Editor’s Notes —

The preamble and § 1 of Laws of 2007, ch. 456, provide:

“WHEREAS, autism is a complex developmental disability that typically appears during the first three (3) years of life and is part of a group of disorders known as Autism Spectrum Disorders (ASD); and

“WHEREAS, as of the effective date of this act [March 26, 2007], at least one (1) in one hundred sixty-six (166) individuals in the United States is diagnosed with autism, making it more common than the occurrences in our population of pediatric cancer, diabetes, and AIDS combined; and

“WHEREAS, autism impairs a person’s ability to communicate and relate to others; is associated with rigid routines and repetitive behaviors, such as obsessively arranging objects or following very specific routines; is four (4) times more likely to strike boys than girls; and occurs in all racial, ethnic and social groups; and

“WHEREAS, symptoms of the disability can range from very mild to quite severe, and autistic behaviors not only make life difficult for those individuals who suffer from the disability, but also make life hard for their families, health care providers and teachers; and

“WHEREAS, families coping with this devastating illness are searching for answers about its causes, diagnosis, prevention and treatment, and while there is no known means to prevent the disability, there are indications that early intervention in an appropriate educational setting for at least two (2) years during the preschool years can result in significant improvements for many young children with the disorder; and

“WHEREAS, the Mississippi Legislature recognizes that strategies for how to best identify, treat and accommodate the needs of individuals with autism and of their families are urgently needed in our state; NOW, THEREFORE,”

“SECTION 1. (1) The Caring for Mississippi Individuals with Autism Task Force is created to study and make recommendations to the Mississippi Legislature regarding the growing incidence of autism and Autism Spectrum Disorders (ASD), how to identify, treat and accommodate the needs of individuals with autism and ASD, and ways to improve the delivery and coordination of state services provided to individuals with autism and ASD. Members of the task force shall be composed of the following:

“(a) Three (3) persons who are the parents of children with autism or ASD, with one (1) such person to be appointed by the Governor, one (1) to be appointed by the Lieutenant Governor, and one (1) to be appointed by the Speaker of the House;

“(b) One (1) person who is a member of the governing body of a school district, to be appointed by the State Superintendent of Public Education;

“(c) One (1) person who represents the State Department of Education, to be appointed by the State Superintendent of Public Education;

“(d) One (1) person who is the director of special education services in a school district, to be appointed by the State Superintendent of Public Education;

“(e) One (1) person who is a representative of the State Department of Mental Health, to be appointed by the executive director of the department;

“(f) Three (3) persons who are representatives of the State Department of Mental Health who are from regions in the state that provide services to individuals with autism or ASD, to be appointed by the executive director of the department;

“(g) One (1) person who is a representative of the University of Mississippi Medical Center and who provides medical or other services to individuals with autism or ASD, to be appointed by the Vice Chancellor of the University of Mississippi Medical Center;

“(h) Two (2) persons who are Mississippi pediatricians engaged in the private practice of medicine and who provide treatment to individuals with autism or ASD, to be appointed by the Vice Chancellor of the University of Mississippi Medical Center;

“(i) Two (2) persons who are licensed therapists appointed by the President of the Mississippi Speech Language and Hearing Association.

“(2) The task force shall:

“(a) Review the best practices of other states with regard to educational, medical and early intervention services provided to individuals diagnosed with autism or ASD and identify the best practices of other states;

“(b) Review the standard of services provided by local Mississippi school districts and early intervention programs to individuals diagnosed with autism or ASD, identify any additional potential funding sources for school districts, and identify guidelines for measurable educational and instructional goals that can be used by members of the education community for serving children with autism or ASD;

“(c) Assess the medical availability of services currently provided for early screening, diagnosis and treatment of autism and ASD and provide recommendations for enhancing medical services;

“(d) Identify the role of higher education in developing a workforce in Mississippi possessing the skills necessary to assist individuals with autism or ASD in medical, educational, and vocational efforts or in providing additional services associated with autism or ASD;

“(e) Evaluate and identify any and all additional relevant information and make legislative recommendations regarding the development and implementation of a continuum of educational and medical services for individuals with autism or ASD; and

“(f) File a report with those standing committees of the Mississippi State Legislature and with those state agencies having jurisdiction over specific recommendations of the task force, not later than December 1, 2007.

“(3) The task force shall hold its first meeting not later than April 1, 2007, with the date, time and location of the meeting to be designated by the Governor. At that first meeting, the task force shall elect from among its membership a chairman, vice chairman and any other officers determined to be necessary, and shall set the date, time and location of its next meeting.

“(4) The State Department of Mental Health shall provide the staff and other support necessary for the Caring for Mississippi Individuals with Autism Task Force to perform its duties.”

Laws of 2011, ch. 447, § 2, provides:

“SECTION 2. The State Board of Mental Health shall convey without compensation to the Mississippi Transportation Commission all of its right, title and interest in certain real property hereinafter labeled as Warranty, and also shall convey without compensation that certain real property for a temporary easement, hereinafter labeled as Temporary Easement, both conveyances being located in Rankin County, Mississippi, described more specifically as follows:

“WARRANTY

“INDEXING INSTRUCTIONS: Southeast 1/4 of the Northwest 1/4 and the Southwest 1/4 of the Northeast 1/4 of Section 35, Township 5 North, Range 2 East, Rankin County, Mississippi.

“Parcel No. 1

“Commence at a found 3/8" rebar marking the Northeast corner of Section 35, Township 5 North, Range 2 East, Rankin County, Mississippi, having grid coordinates N=996596.77460, E=2382140.83400, and run South 62 degrees 40 minutes 14 seconds West a distance of 3,848.56 feet to a point being located 80 feet left of, as measured perpendicularly from, the project centerline of S.R. 468 at station 22+00 as shown on the right-of-way acquisition map for Federal Aid Project No. (105414/201000), said point being the Point of Beginning for the following description:

“• From said Point of Beginning run South 73 degrees 33 minutes 29 seconds East along the northern proposed right-of-way line of S.R. 468 a distance of 1,300.00 feet to a point being located 80 feet left of, as measured perpendicularly from, the project centerline of S.R. 468 at station 35+00;

“• Thence continue South 51 degrees 45 minutes 24 seconds East along said northern proposed right-of-way line a distance of 107.70 feet to the northern present right-of-way line of S.R. 468 and to a point being located 40 feet left of, as measured perpendicularly from, the project centerline of S.R. 468 at station 36+00;

“• Thence North 73 degrees 33 minutes 29 seconds West along said northern present right-of-way line a distance of 1,500.00 feet to said northern proposed right-of-way line of S.R. 468 and to a point being located 40 feet left of, as measured perpendicularly from, the project centerline of S.R. 468 at station 21+00;

“• Thence North 84 degrees 38 minutes 25 seconds East along said northern proposed right-of-way line a distance of 107.70 feet to the Point of Beginning.

“The above-described parcel of land contains 1.26 acres (56,000 sq. ft.), more or less, and is situated in the Southeast 1/4 of the Northwest 1/4 and the Southwest 1/4 of the Northeast 1/4 of Section 35, Township 5 North, Range 2 East, Rankin County, Mississippi.

“Parcel No. 2

“Commence at a found 3/8" rebar marking the Northeast corner of Section 35, Township 5 North, Range 2 East, Rankin County, Mississippi, having grid coordinates N=996596.77460, E=2382140.83400, and run South 57 degrees 08 minutes 24 seconds West a distance of 3,801.81 feet to a point being located 140 feet right of, as measured perpendicularly from, the project centerline of S.R. 468 at station 25+00 as shown on the right-of-way acquisition map for Federal Aid Project No. (105414/201000), said point being the Point of Beginning for the following description:

“• From said Point of Beginning run North 59 degrees 31 minutes 19 seconds West along the southern proposed right-of-way line of S.R. 468 a distance of 412.31 feet to the southern present right-of-way line of S.R. 468 and to a point being located 40 feet right of, as measured perpendicularly from, the project centerline of S.R. 468 at station 21+00;

“• Thence South 73 degrees 33 minutes 29 seconds East along said southern present right-of-way line a distance of 1,500.00 feet to said southern proposed right-of-way line of S.R. 468 and to a point being located 40 feet right of, as measured perpendicularly from, the project centerline of S.R. 468 at station 36+00;

“• Thence South 88 degrees 00 minutes 25 seconds West along said northern proposed right-of-way line a distance of 316.23 feet to a point being located 140 feet right of, as measured perpendicularly from, the project centerline of S.R. 468 at station 33+00;

“• Thence continue North 73 degrees 33 minutes 29 seconds West along said southern proposed right-of-way line a distance of 800.00 feet to the Point of Beginning.

“The above-described parcel of land contains 2.64 acres (115,000 sq. ft.), more or less, and is situated in the Southeast 1/4 of the Northwest 1/4 and the Southwest 1/4 of the Northeast 1/4 of Section 35, Township 5 North, Range 2 East, Rankin County, Mississippi.

“Parcel No. 1 and Parcel No. 2 contain an aggregate of 3.90 acres (171,000 sq. ft.), more or less.

“TEMPORARY EASEMENT

“INDEXING INSTRUCTIONS: Southeast 1/4 of the Northwest 1/4 and the Southwest 1/4 of the Northeast 1/4 of Section 35, Township 5 North, Range 2 East, Rankin County, Mississippi.

“Parcel No. 1

“Commence at a found 3/8" rebar marking the Northeast corner of Section 35, Township 5 North, Range 2 East, Rankin County, Mississippi, having grid coordinates N=996596.77460, E=2382140.83400, and run South 61 degrees 08 minutes 25 seconds West a distance of 3,646.09 feet to a point on the temporary easement, said point being located 150.65 feet left of, as measured perpendicularly from, the project centerline of S.R. 468 at station 24+14.50 as shown on the right-of-way acquisition map for Federal Aid Project No. (105414/201000), said point being the Point of Beginning for the following description:

“• From said Point of Beginning run South 73 degrees 33 minutes 29 seconds East along said easement line a distance of 353.71 feet to a point being located 150.65 feet left of, as measured perpendicularly from, the project centerline of S.R. 468 at station 27+68.21;

“• Thence continue South 16 degrees 26 minutes 31 seconds West along said easement line a distance of 70.65 feet to the northern proposed right-of-way line of S.R. 468 and to a point being located 80 feet left of, as measured perpendicularly from, the project centerline of S.R. 468 at station 27+68.21;

“• Thence North 73 degrees 33 minutes 29 seconds West along said northern proposed right-of-way line a distance of 353.71 feet to a point on said easement line, said point being located 80 feet left of, as measured perpendicularly from, the project centerline of S.R. 468 at station 24+14.50;

“• Thence on and along said easement line, North 16 degrees 26 minutes 31 seconds East a distance of 70.65 feet to the Point of Beginning.

“The above-described parcel of land contains 0.57 acres (24,990 sq. ft.), more or less, and is situated in the Southeast 1/4 of the Northwest 1/4 of Section 35, Township 5 North, Range 2 East, Rankin County, Mississippi.

“Parcel No. 2

“Commence at a found 3/8" rebar marking the Northeast corner of Section 35, Township 5 North, Range 2 East, Rankin County, Mississippi, having grid coordinates N=996596.77460, E=2382140.83400, and run South 55 degrees 31 minutes 19 seconds West a distance of 3,305.53 feet to a point on the temporary easement, said point being located 176.40 feet left of, as measured perpendicularly from, the project centerline of S.R. 468 at station 28+95.24 as shown on the right-of-way acquisition map for Federal Aid Project No. (105414/201000), said point being the Point of Beginning for the following description:

“• From said Point of Beginning run South 73 degrees 33 minutes 29 seconds East along said easement line a distance of 290.26 feet to a point being located 176.40 feet left of, as measured perpendicularly from, the project centerline of S.R. 468 at station 31+85.50;

“• Thence continue South 16 degrees 26 minutes 31 seconds West along said easement line a distance of 96.40 feet to the northern proposed right-of-way line of S.R. 468 and to a point being located 80 feet left of, as measured perpendicularly from, the project centerline of S.R. 468 at station 31+85.50;

“• Thence North 73 degrees 33 minutes 29 seconds West along said northern proposed right-of-way line a distance of 290.26 feet to a point on said easement line, said point being located 80 feet left of, as measured perpendicularly from, the project centerline of S.R. 468 at station 28+95.24;

“• Thence on and along said easement line, North 16 degrees 26 minutes 31 seconds East a distance of 96.40 feet to the Point of Beginning.

“The above-described parcel of land contains 0.64 acres (27,981 sq. ft.), more or less, and is situated in the Southeast 1/4 of the Northwest 1/4 and the Southwest 1/4 of the Northeast 1/4 of Section 35, Township 5 North, Range 2 East, Rankin County, Mississippi.

“Parcel No. 3

“Commence at a found 3/8" rebar marking the Northeast corner of Section 35, Township 5 North, Range 2 East, Rankin County, Mississippi, having grid coordinates N=996596.77460, E=2382140.83400, and run South 57 degrees 02 minutes 11 seconds West a distance of 3,941.24 feet to a point on the temporary easement, said point being located 250.36 feet right of, as measured perpendicularly from, the project centerline of S.R. 468 at station 24+14.50 as shown on the right-of-way acquisition map for Federal Aid Project No. (105414/201000), said point being the Point of Beginning for the following description:

“• From said Point of Beginning run North 16 degrees 26 minutes 31 seconds East along said easement line a distance of 131.73 feet to the southern present right-of-way line of S.R. 468 and to a point being located 118.63 feet right of, as measured perpendicularly from, the project centerline of S.R. 468 at station 24+14.50;

“• Thence South 59 degrees 31 minutes 30 seconds East along said southern present right-of-way line a distance of 88.13 feet;

“• Thence continue South 73 degrees 33 minutes 29 seconds East along said southern present right-of-way line a distance of 240.56 feet to a point on said easement line, said point being located 140 feet right of, as measured perpendicularly from, the project centerline of S.R. 468 at station 27+40.56;

“• Thence on and along said easement line, South 16 degrees 26 minutes 31 seconds West a distance of 110.36 feet to a point being located 250.36 feet right of, as measured perpendicularly from, the project centerline of S.R. 468 at station 27+40.56;

“• Thence continue on and along said easement line, North 73 degrees 33 minutes 29 seconds West a distance of 326.06 feet to the Point of Beginning.

“The above-described parcel of land contains 0.85 acres (36,898 sq. ft.), more or less, and is situated in the Southeast 1/4 of the Northwest 1/4 of Section 35, Township 5 North, Range 2 East, Rankin County, Mississippi.

“Parcel No. 4

“Commence at a found 3/8" rebar marking the Northeast corner of Section 35, Township 5 North, Range 2 East, Rankin County, Mississippi, having grid coordinates N=996596.77460, E=2382140.83400, and run South 51 degrees 32 minutes 56 seconds West a distance of 3,658.14 feet to a point on the temporary easement, said point being located 250.29 feet right of, as measured perpendicularly from, the project centerline of S.R. 468 at station 28+75.25 as shown on the right-of-way acquisition map for Federal Aid Project No. (105414/201000), said point being the Point of Beginning for the following description:

“• From said Point of Beginning run North 16 degrees 26 minutes 31 seconds East along said easement line a distance of 110.29 feet to the southern present right-of-way line of S.R. 468 and to a point being located 140 feet right of, as measured perpendicularly from, the project centerline of S.R. 468 at station 28+75.25;

“• Thence South 73 degrees 33 minutes 29 seconds East along said southern present right-of-way line a distance of 310.25 feet to a point on said easement line, said point being located 140 feet right of, as measured perpendicularly from, the project centerline of S.R. 468 at station 31+85.50;

“• Thence on and along said easement line, South 16 degrees 26 minutes 31 seconds West a distance of 110.29 feet to a point being located 250.29 feet right of, as measured perpendicularly from, the project centerline of S.R. 468 at station 31+85.50;

“• Thence continue on and along said easement line, North 73 degrees 33 minutes 29 seconds West a distance of 310.25 feet to the Point of Beginning.

“The above-described parcel of land contains 0.79 acres (34,217 sq. ft.), more or less, and is situated in the Southeast 1/4 of the Northwest 1/4 of Section 35, Township 5 North, Range 2 East, Rankin County, Mississippi.

“Parcel No. 1, Parcel No. 2, Parcel No. 3 and Parcel No. 4 contain an aggregate of 2.85 acres (124,086 sq. ft.), more or less.”

Laws of 2011, ch. 501, § 1, effective July 1, 2011, provides:

“SECTION 1. This act shall be known and may be cited as the ‘Rose Isabel Williams Mental Health Reform Act of 2011.”’

Section 41-4-10, referred to in (c), was repealed by its own terms, effective July 1, 2017.

Laws of 2018, ch. 449, § 1, effective July 1, 2018, provides:

“SECTION 1. “(1) The Mississippi Board of Mental Health, acting through the Mississippi Department of Mental Health, is authorized to sell certain state-owned real property and any improvements thereon, which served as the former Waveland group home property located in the City of Waveland, Hancock County, Mississippi, such property being more specifically described as follows:

[For a complete description of the property, see Section 1 of Chapter 449, Laws of 2018.]

”(2) The real property and any improvements thereon described in subsection (1) of this section shall be sold for not less than the current fair market value as determined by the average of at least two (2) appraisals by qualified appraisers, one (1) of which shall be selected by the Department of Finance and Administration, and both of whom shall be certified and licensed by the Mississippi Real Estate Appraiser Licensing and Certification Board.

“(3) All monies derived from the sale of the property described in subsection (1) of this section shall be deposited into a special fund created in the State Treasury for the use and benefit of the South Mississippi Regional Center. Unexpended amounts remaining in the special fund at the end of the fiscal year shall not lapse into the State General Fund, and any interest earned on the amounts in the special fund shall be deposited to the credit of the special fund.

“(4) The Department of Finance and Administration may correct and discrepancies in the legal description provided in this section.

“(5) The State of Mississippi shall retain all mineral rights to the property sold under this section.”

Amendment Notes —

The first 2003 amendment (ch. 371) added (ff); and made minor stylistic changes throughout. The second 2003 amendment (ch. 438) made a nonsubstantive change in (aa); and deleted “new” preceding “employee” twice in (bb).

The 2004 amendment in (ff), inserted “owned by the Department of Mental Health” and added “and private entities deemed to be in the public’s best interest” in the first sentence; and added the second and third sentences.

The 2005 amendment, in (c) rewrote the first and second sentences; substituted “ensure” for “insure” in the last sentence; and made minor stylistic changes; and in (e), deleted “provided” following the semi-colon and preceding “however.”

The 2008 amendment added the last sentence in (s).

The 2009 amendment rewrote (c); added (gg); and made a minor stylistic change.

The first 2010 amendment (ch. 476) substituted “intellectual disability” for “mental retardation” or similar language throughout the section; in (n), substituted “mental health/intellectual disability program” for “mental health/retardation program” and “serving persons with mental illness, an intellectual disability, a developmental disability or addictions ” for “serving the mentally ill, mentally retarded, developmentally disabled or persons with addictions”; in (o) through (cc), substituted “mental health/intellectual disability“ for “mental health/retardation”; and near the end of the first paragraphs in (bb) and (cc), substituted “for persons with an intellectual disability” for “for citizens with mental retardation.”

The second 2010 amendment (ch. 499), in (c), added the third, fourth and sixth sentences, and extended the date of the repealer for the paragraph by substituting “July 1, 2013” for “July 1, 2010”; throughout (f) through (ee), substituted “an intellectual disability” for “mental retardation” or similar language; in the last sentence in (n), substituted “serving persons with mental illness, an intellectual disability, a developmental disability or addictions” for “serving the mentally ill, mentally retarded, developmentally disabled or persons with addictions”; and in the last sentence in (bb) and the next-to-last sentence in (cc), substituted “persons” for “citizens.”

The 2011 amendment rewrote the section.

The 2012 amendment rewrote the third sentence in (f); and added the second sentence in (kk).

The 2013 amendment rewrote (c); substituted “July 1, 2017” for “July 1, 2013” at the end of (f); and made minor stylistic changes.

Cross References —

Authority of State Board of Mental Health with respect to design, construction and administration of Boswell Retardation Center, see §41-19-203.

Public educational services and equipment for exceptional children, including children with autism, see §§37-23-1 et seq.

Annual operational plan required by this section to include listing of services specified in §41-4-1 that will be provided and those that won’t be provided, see §41-19-33.

Ellisville State School generally, see §§41-19-103 et seq.

Boswell Regional Center generally, see §§41-19-201 et seq.

OPINIONS OF THE ATTORNEY GENERAL

The Department of Mental Health may accept a donation of land, a house, and improvements from the Clarke College Alumni Association and the Department may allow the Association to retain the use of a portion of the house, provided such use is reserved by grant as a condition of the donation. 2003 Miss. Op. Att'y Gen. 188.

The Mississippi Department of Mental Health may enter into long-term or multi-year leases of real and personal property without complying with the mandates of G.S. 7-11-11, 29-1-107, or 29-5-2. 2003 Miss. Op. Att'y Gen. 242.

The exemption authority provided the Mississippi Department of Mental Health (MDMH) in this section does not apply to other state or federal agencies that may be a party to the lease agreement with the MDMH unless these entities have separate and distinct statutory authority to waive the requirements of G.S. 7-11-11, 29-1-107, and 29-5-2. 2003 Miss. Op. Att'y Gen. 242.

The Mississippi Department of Mental Health cannot enter into a long term lease agreements with another state agency unless that agency has specific exemption authority from the lease requirements found in G.S. 7-11-11, 29-1-107, and 29-5-2. 2003 Miss. Op. Att'y Gen. 242.

JUDICIAL DECISIONS

1. Immunity from tort.

When the Mississippi Department of Mental Health enacted policies and procedures pursuant to Miss. Code Ann. §41-4-7(g), it was acting in a discretionary fashion and was thus immune from tort liability when a patient was injured allegedly because of a placement decision that was made for him while he was committed to a state hospital. Dancy v. East Miss. State Hosp., 944 So. 2d 10, 2006 Miss. LEXIS 688 (Miss. 2006).

RESEARCH REFERENCES

Practice References.

Health Care Administration Library (CD-ROM) (Matthew Bender).

Perlin, Mental Disability Law: Civil and Criminal, Second Edition (LexisNexis).

§ 41-4-8. Falsification of diagnosis of Medicaid-eligible client for mental health benefits.

  1. A person shall not make, present or cause to be made or presented a material falsification of diagnosis of a Medicaid-eligible client for a claim for Medicaid mental health services benefits, knowing the diagnosis and claim to be false, fictitious or fraudulent.
  2. A person who violates this section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not more than five (5) years, or by a fine of not more than One Hundred Thousand Dollars ($100,000.00), or both.
  3. For purposes of subsection (1), if a regional mental health/intellectual disability center submits claims for Medicaid reimbursement or other funds from the Department of Mental Health, the lack of a certified physician or psychologist evaluation of the client for such claim as required under Section 41-4-7(c) shall be deemed a material falsification of diagnosis by the person responsible for making or presenting such claim.

HISTORY: Laws, 1997, ch. 587, § 5; Laws, 2010, ch. 476, § 20, eff from and after passage (approved Apr. 1, 2010.).

Editor’s Notes —

Laws of 1997, ch. 587, § 1, provides as follows:

“SECTION 1. This act shall be known and may be cited as the Mississippi Mental Health Reform Act of 1997.”

Amendment Notes —

The 2010 amendment substituted “mental health/intellectual disability center” for “mental health/retardation center” in (3).

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any felony violation, see §99-19-73.

§ 41-4-9. Advisory councils.

The State Board of Mental Health is hereby authorized and directed to create advisory councils to assist the board and department in the performance and discharge of their duties.

HISTORY: Laws, 1974, ch. 567, § 5, eff from and after passage (approved April 23, 1974).

§ 41-4-10. Repealed.

Repealed by its own terms, effective July 1, 2017.

§41-4-10. [Laws, 2013, ch. 549, § 2, eff from and after July 1, 2013.]

Editor’s Notes —

Former §41-4-10 created the Strategic Planning and Best Practices Committee for the purpose of improving and coordinating mental health services in the state.

§ 41-4-11. Abolition of certain agencies, and transfer of authority, personnel and property to state board of mental health.

  1. On July 1, 1974, the Board of Trustees of Mental Institutions of the State of Mississippi and the Mississippi Interagency Commission on Mental Illness and Mental Retardation shall be abolished. The authority now vested in the State Board of Health relating to mental health, drug misuse and alcoholism is rescinded as of July 1, 1974.
  2. As of July 1, 1974, the Mississippi State Hospital at Whitfield, the East Mississippi State Hospital at Meridian, the Ellisville State School at Ellisville, the North Mississippi Regional Center at Oxford, and any other mental or intellectual disability facility that may be established, shall become subject to the jurisdiction and control of the State Department of Mental Health.
  3. All duties, responsibilities, authority, power, assets, liabilities, contractual rights and obligations, and property rights, whether accruing or vesting in the abolished agencies before or after April 23, 1974, are vested in the State Board of Mental Health.
  4. The board upon recommendation of the executive director shall select the heads of divisions and institutions necessary to carry out the provisions of this chapter who shall have qualifications appropriate to the duties they must discharge.
  5. Employees of the abolished agencies or divisions of agencies holding positions on June 30, 1974, shall be employees of the State Department of Mental Health on July 1, 1974. The board may combine or abolish positions as necessary to carry out the provisions of this chapter.
  6. Subject to the provisions and limitations of this chapter as expressly set forth in Section 41-4-13, all offices, services, programs and other activities of the abolished agencies or divisions of agencies are made offices, services, programs or other activities of the State Department of Mental Health, and the board is authorized to reorganize such offices, services, programs or other activities so as to achieve economy and efficiency; and the board may establish bureaus, divisions, hospitals, clinics, mental health centers, homes for persons with an intellectual disability, or other facilities for providing mental health services if it finds such action to be in the public interest.

HISTORY: Laws, 1974, ch. 567, § 6(1-6); Laws, 1992, ch. 336, § 23; Laws, 2010, ch. 476, § 21, eff from and after passage (approved Apr. 1, 2010.).

Amendment Notes —

The 2010 amendment substituted “intellectual disability facility” for “retardation facility” in (2); substituted “homes for persons with an intellectual disability” for “homes for the mentally retarded” in (6); and made minor stylistic changes.

Cross References —

Establishment of Boswell Regional Center, see §§41-19-201 et seq.

JUDICIAL DECISIONS

1. Service of process.

2. Mississippi Tort Claims Act.

1. Service of process.

Although a state hospital and a state mental health department were established and controlled by Miss. Code Ann. §41-4-11(2) and Miss. Code Ann. §41-4-5 and service of process was governed by Miss. R. Civ. P. 4(d)(5), requiring service upon the Attorney General, the entitles waived the defenses of insufficient process and insufficient service of process because even though the defenses were properly and timely raised in their answer to a wrongful death action, their subsequent participation in litigation and their failure to pursue the defenses for two years waived the defenses. East Miss. State Hosp. v. Adams, 947 So. 2d 887, 2007 Miss. LEXIS 13 (Miss. 2007).

2. Mississippi Tort Claims Act.

Trial court erred in dismissing a son’s wrongful death action against a state hospital because its director was the hospital’s CEO under the Mississippi Tort Claims Act (MTCA) (Miss. Code Ann. §11-46-1 et seq.), and the son provided pre-suit notice to the proper party; the definition of “State” in the MTCA included hospitals, and the Department of Mental Health was not a substitute for the CEO of the hospital, which was the “state entity.” Ivy v. E. Miss. State Hosp., 191 So.3d 120, 2016 Miss. LEXIS 188 (Miss. 2016).

§ 41-4-13. Purchases.

All commodities, equipment and furniture purchased and supply contracts entered into by the board shall be in accord with the provisions of Title 31, Chapter 7, Mississippi Code of 1972. No purchases shall be made from, nor shall any sales be made to, any member of the board.

HISTORY: Laws, 1974, ch. 567, § 6(7), eff from and after passage (approved April 23, 1974).

§ 41-4-15. Repealed.

Repealed by Laws, 1997, ch. 587, § 7, eff from and after July 1, 1997.

[Laws, 1974, ch. 567, § 7]

Editor’s Notes —

Former §41-4-15 provided that statutes empowering the State Department of Mental Health shall not affect or grant control over the regional mental health commissions or centers.

§ 41-4-17. Children’s rehabilitation center excepted from state board of mental health jurisdiction.

Nothing herein contained shall operate to vest the State Board of Mental Health with any authority or jurisdiction over the Mississippi Children’s Rehabilitation Center.

HISTORY: Laws, 1974, ch. 567, § 8; Laws, 1981, ch. 498, § 8, eff from and after July 1, 1982.

§ 41-4-18. Department authorized to contract with private or public entities to transfer certain ICFMR beds to other private or public entities to better meet needs of individuals with intellectual disabilities; license for beds to remain with department.

  1. Notwithstanding Section 41-7-191(11) and Section 41-7-171 et seq., Mississippi Code of 1972, or any other section of law, the Department of Mental Health shall have the authority to contract with private and/or public entities to transfer beds within Intermediate Care Facilities for the Mentally Retarded owned and operated by the Department of Mental Health to locations owned and operated by private and/or public entities for the purpose of serving individuals with intellectual disabilities in the settings most appropriate to meet their needs.
  2. Any license granted to the Department of Mental Health by the Department of Health for the operation of transferred Intermediate Care Facility for the Mentally Retarded beds shall remain in the name of the Department of Mental Health and shall not be transferred into the name of the contractor unless the contractor has received the appropriate certificates of need.

HISTORY: Laws, 2013, ch. 443, § 1, eff from and after July 1, 2013.

§ 41-4-19. Transfer of funds; issuance of warrants.

The board, may with the approval of the commission of budget and accounting, require the transfer of funds appropriated for the use of agencies consolidated under the provisions of this chapter. Said funds shall be transferred by the state auditor of public accounts to a separate account in the state treasury. The auditor shall issue his warrants upon requisitions signed by the proper person, officer or officers designated by the board.

HISTORY: Laws, 1974, ch. 567, § 9, eff from and after passage (approved April 23, 1974).

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

§ 41-4-21. Fiscal procedures.

For the operations of all facilities placed under the control of the department and for all of its operations, the board shall adopt a uniform system of reporting and accounting approved by the state department of audit, and shall prepare an annual report to the legislature setting forth the disbursements of all moneys appropriated and specifying the facilities and activities upon which funds were expended. It shall prepare annually, or cause to be prepared, a budget for its total operation for the ensuing fiscal period in the manner and form as required by the legislative budget office.

HISTORY: Laws, 1974, ch. 567, § 10; Laws, 1984, ch. 488, § 205, eff from and after July 1, 1984.

Cross References —

Joint Legislative Budget Committee and Legislative Budget Office, generally, see §§27-103-101 et seq.

§ 41-4-23. Security guards and campus police at mental health or intellectual disability facilities.

It will be the duty of the director of any mental health or intellectual disability facility under the direction or control of the State Department of Mental Health to designate certain employees as security guards and campus police. The names, qualifications, and training of such campus police will be reported to the Executive Director of the State Department of Mental Health and spread upon the official minutes of the State Board of Mental Health.

All campus police, subsequent to employment but prior to performing duties as campus police, will attend and satisfactorily complete the training course required for law enforcement officers at the Law Enforcement Officer’s Training Academy or an equivalent facility. Campus police training may be at the expense of the Department of Mental Health and conditioned upon work repayment by the employee in accordance with educational leave regulations promulgated by the State Board of Mental Health. Failure to meet repayment obligations may result in revocation of law enforcement certification in the same manner provided in Section 37-101-291. A complete record of all law enforcement training of each employee will be maintained in each employee’s record of employment. A master file of all such employees’ training will be kept in the central office of the State Department of Mental Health.

All campus police will be duly constituted peace officers with powers and duties of a constable but such authority may be exercised only on the premises of institutions under the control of the State Department of Mental Health and public property immediately adjacent to such premises. Each person designated as a security guard or campus police will enter into bond in the penalty amount of not less than Ten Thousand Dollars ($10,000.00), the premium for which shall be paid by the facility employing such security guard or campus police.

All security guards and campus police will exercise their authority while in performance of their duty on any of the facilities under the direction or control of the State Department of Mental Health and public property immediately adjacent to such facilities; will be required to dress in uniforms prescribed by the State Board of Mental Health; and will be authorized to carry weapons. Employees designated as campus police shall be duly sworn and vested with authority to bear arms and make arrests, and shall exercise primarily the responsibilities of the prevention and detection of crime, the apprehension of criminals, and the enforcement of the ordinances and policies of the Department of Mental Health, a political subdivision of the State of Mississippi. Employees designated as campus police shall be considered law enforcement officers within the meaning of Section 45-6-3.

HISTORY: Laws, 1976, ch. 478; Laws, 2002, ch. 359, § 1; Laws, 2010, ch. 476, § 22, eff from and after passage (approved Apr. 1, 2010).

Amendment Notes —

The 2010 amendment substituted “or intellectual disability facility” for “or mental retardation facility” in the first sentence in (a).

Cross References —

Failure to meet terms of educational loan contract as grounds for revocation of professional license earned through paid educational leave compensation granted under program for paid educational leave for study of certain health care professions, see §37-101-291.

§ 41-4-25. Director of mental health facility authorized to transfer patient to another department facility.

Notwithstanding any other provision of law, the director of a Department of Mental Health facility has the authority to transfer any patient/resident to another Department of Mental Health facility as necessary for the welfare of that or any other patients/residents.

HISTORY: Laws, 2002, ch. 467, § 1, eff from and after July 1, 2002.

§ 41-4-27. Mental health crisis center in Brookhaven, Mississippi, named in honor of Senator Billy V. Harvey.

The mental health crisis center located in Brookhaven, Mississippi, shall be named in honor of the late Senator Billy V. Harvey. The Department of Mental Health shall place a distinctive plaque in a prominent place within the crisis center, which states the background, accomplishments and service of the late Senator Billy V. Harvey to the State of Mississippi.

HISTORY: Laws, 2007, ch. 529, § 2, eff from and after passage (approved Apr. 18, 2007).

Chapter 5. Governing Authorities for State Hospitals and Institutions

State Eleemosynary Institutions [Repealed]

§§ 41-5-1 through 41-5-13. Repealed.

Repealed by Laws, 1989, ch. 527, § 3, eff from and after June 30, 1989.

§41-5-1. [Codes, 1942, §§ 6944, 6945; Laws, 1936, ch. 180]

§41-5-3. [Codes, 1942, § 6954; Laws, 1936, ch. 180]

§41-5-5. [Codes, 1942, § 6955; Laws, 1936, ch. 180; Laws, 1950, ch. 446; Laws, 1960, ch. 350; Laws, 1962, ch. 399]

§41-5-7. [Codes, 1942, §§ 6950, 6956; Laws, 1936, ch. 180]

§41-5-9. [Codes, 1942, § 6952.5; Laws, 1958, ch. 464, § 1; Laws, 1960, ch. 349; Laws, 1966, ch. 445, § 17; Laws, 1966, ch. 454, § 1]

§41-5-11. [Codes, 1892, § 2828; 1906, § 3209; Hemingway’s 1917, § 5726; 1930, § 4620; 1942, § 6975; Laws, 1970, ch. 393, § 1]

§41-5-13. [Codes, 1930, § 4621; 1942, § 6976]

Editor’s Notes —

Former §41-5-1 established the board of state eleemosynary institutions.

Former §41-5-3 specified when the board would meet, and provided for the election of officers.

Former §41-5-5 provided for the compensation of the board.

Former §41-5-7 specified the powers and duties of the board.

Former §41-5-9 authorized the employment of superintendents for each state charity hospitals.

Former §41-5-11 required the board to make certain reports to the legislature.

Former §41-5-13 required superintendents to make certain reports to board of trustees.

Board of Trustees of Mental Institutions

§§ 41-5-31 through 41-5-43. Repealed.

Repealed by Laws, 1974, ch. 567, § 15, eff from and after passage (approved April 23, 1974).

§41-5-31. [Laws, 1947, 1st Ex. Sess. ch. 9, § 1]

§41-5-33. [Laws, 1947, 1st Ex. Sess. ch. 9, § 2]

§41-5-35. [Laws, 1947, 1st Ex. Sess. ch. 9, § 3]

§41-5-37. [Laws, 1947, 1st Ex. Sess. ch. 9, § 4; Laws, 1966, ch. 453, § 1]

§41-5-39. [Laws, 1947, 1st Ex. Sess. ch. 9, § 4; Laws, 1966, ch. 453, § 1]

§41-5-41. [Laws, 1947, 1st Ex. Sess. ch. 9, §§ 9, 10]

§41-5-43. [Laws, 1948, ch. 415, §§ 1-3]

Editor’s Notes —

Former §41-5-31 created the board of trustees of mental institutions.

Former §41-5-33 provided for the appointment, term of office and removal of members of the board of trustees of mental institutions and for the filling of vacancies.

Former §41-5-35 provided for the organizational meeting of the board of trustees of mental institutions and for the employment of an executive secretary.

Former §41-5-37 provided for the payment of per diem and travel expenses to members of the board of trustees of mental institutions.

Former §41-5-39 provided for regular and called meetings of the board of trustees of mental institutions and fixed a quorum.

Former §41-5-41 set out the general powers and duties of the board of trustees of mental institutions.

Former §41-5-43 vested the board of trustees of mental institutions with specific powers and authority to improve the institutions under its jurisdiction.

The authority, personnel and property of the abolished board of trustees of mental institutions were transferred to the State Board of Mental Health. See §41-4-11. Section 16 of the repealing act provided, in part, that “all powers, duties and responsibilities transferred by this act shall remain under the authority and control of existing state agencies until July 1, 1974.”

§ 41-5-44. Establishment of nursing home for patients with an intellectual disability.

The Board of Mental Health is directed, if such is determined to be feasible by the board, to establish, equip, staff and operate nursing homes for patients with an intellectual disability. Those nursing homes shall be equipped, staffed and operated in accordance with the minimum standards established by the State Department of Health, and shall meet all the requirements for the admission and care of patients eligible for Medicare and Medicaid assistance as required by Titles XVIII and XIX of the Social Security Act, as amended.

Admission to the nursing homes shall be limited to those patients who have been admitted to the mental institutions or intellectual disability centers or eligible for admission to the mental institutions or intellectual disability centers according to state laws and who have been certified as eligible for Medicare or Medicaid assistance as determined by the provisions of Mississippi laws governing the administration of Titles XVIII and XIX of the Social Security Act, as amended.

The purpose of this section is to provide a nursing facility within the environs of the former Tuberculosis Sanatorium of Mississippi, thereby providing a needed service to eligible patients by making use of available buildings and resources for their care and constituting an additional service rendered by the institution.

HISTORY: Laws, 1973, ch. 497, § 1; Laws, 1980, ch. 493, § 12; Laws, 1983, ch. 522, § 51; Laws, 1986, ch. 437, § 12; Laws, 2010, ch. 476, § 23, eff from and after passage (approved Apr. 1, 2010).

Amendment Notes —

The 2010 amendment, in (a), substituted “mentally retarded patients” for “patients with an intellectual disability” and made minor stylistic changes; and in (b), twice substituted “intellectual disability centers” for “mental retardation centers.”

Cross References —

Establishment and operation of Boswell Regional Center as supplemental to this section, see §§41-19-201 through41-19-213.

Procedures for and individual’s procedural and substantive rights during the initial involuntary commitment hearing and thereafter, see §§41-21-61 et seq.

Definition of persons with mental illness and persons with an intellectual disability under provisions for treatment of persons in need of mental health treatment, see §41-21-61.

Director’s transfer of civilly commited patients between facilities operated by department of mental health, see §41-21-87.

Voluntary admission of persons with mental illness and persons with an intellectual disability of particular age or marital status, see §41-21-103.

Federal Aspects—

Titles XVIII and XIX of the Social Security Act, see 42 USCS § 1395 et seq.

RESEARCH REFERENCES

Practice References.

Health Care Administration Library (CD-ROM) (Matthew Bender).

Perlin, Mental Disability Law: Civil and Criminal, (LexisNexis).

Carlson, Long-Term Care Advocacy (Matthew Bender).

§§ 41-5-45 through 41-5-53. Repealed.

Repealed by Laws, 1974, ch. 567, § 15, eff from and after passage (approved April 23, 1974).

§42-5-45. [Laws, 1947, 1st Ex. Sess. ch. 9, § 14]

§41-5-47. [Laws, 1947, 1st Ex. Sess. ch. 9, §§ 12, 13; Laws, 1970, ch. 521, § 1]

§41-5-49. [Laws, 1947, 1st Ex. Sess. ch. 9, §§ 12, 13; Laws, 1970, ch. 521, § 2]

§41-5-51. [Laws, 1947, 1st Ex. Sess. ch. 9, § 5]

§41-5-53. [Laws, 1947, 1st Ex. Sess. ch. 9, § 7]

Editor’s Notes —

Former §41-5-45 dealt with the keeping of the records and accounts of the board of trustees of mental institutions, required them to be open for public inspection, and required the board to inspect the mental institutions regularly and frequently.

Former§41-5-47 required the board of trustees of mental institutions to provide a uniform accounting system for the mental institutions, to make an annual report to the legislature, to prepare an annual budget for each institution, and to be the exclusive representative of the mental institutions in dealing with the legislature.

Former §41-5-49 contained specific requirements as to the form and contents of the annual report made to the Legislature by the board of trustees of mental institutions.

Former §41-5-51 abolished the office of superintendent for each mental institution under the jurisdiction of the board of trustees of mental institutions.

Former §41-5-53 dealt with the employment, qualifications, compensation, powers, authority, duties, and removal of a director for each institution under the jurisdiction of the board of trustees of mental institutions.

§ 41-5-55. Repealed.

Repealed by Laws, 2008, ch. 442, § 50, effective from and after July 1, 2008.

§41-5-55. [Codes, 1942, § 6946-11; Laws, 1947, 1st Ex. Sess. ch. 9, § 11; Laws, 1974, ch. 567, § 11, eff from and after passage (approved April 23, 1974).]

Editor’s Notes —

Former §41-5-55 prohibited the apprenticing of mentally ill or mentally retarded patients.

Penalties [Repealed]

§ 41-5-81. Repealed.

Repealed by Laws, 2008, ch. 442, § 50, effective from and after July 1, 2008.

§41-5-81. [Codes, 1930, § 4617; 1942, § 6972; Laws, 1924, ch. 307.]

Editor’s Notes —

Former §41-5-81 provided certain criminal penalties for apprenticing mentally ill or mentally retarded patients.

Chapter 7. Hospital and Health Care Commissions

State Hospital Commission; Indigent Care Law

§§ 41-7-1 through 41-7-19. Repealed.

Repealed by Laws, 1986, ch. 437, § 6, eff from and after July 1, 1986.

§41-7-1. [Codes, 1942, § 7130; Laws, 1936, ch. 178]

§41-7-3. [Codes, 1942, § 7131; Laws, 1936, ch. 178; Laws, 1978, ch. 369, § 1]

§41-7-5. [Codes, 1942, § 7145; Laws, 1936, ch. 178]

§41-7-7. [Codes, 1942, § 7146; Laws, 1936, ch. 178]

§41-7-9. [Codes, 1942, § 7132; Laws, 1936, ch. 178; Laws, 1944, ch. 278; Laws, 1946, ch. 378; Laws, 1950, ch. 460; Laws, 1960, ch. 354, § 1; Laws, 1962, ch. 406, § 1; Laws, 1964, ch. 432, § 1; Laws, 1976, ch. 343; Laws, 1982, ch. 458.]

§41-7-11. [Codes, 1942, § 7134; Laws, 1936, ch. 178; Laws, 1960, ch. 354, § 2]

§41-7-13. [Codes, 1942, § 7136; Laws, 1936, ch. 178; Laws, 1938, ch. 327; Laws, 1960, ch. 354, § 4; Laws, 1981, ch. 404, § 1]

§41-7-15. [Codes, 1942, § 7135; Laws, 1936, ch. 178; Laws, 1960, ch. 354, § 3]

§41-7-17. [Codes, 1942, § 7137; Laws, 1936, ch. 178; Laws, 1960, ch. 354, § 5; Laws, 1964, ch. 433, § 1]

§41-7-19. [Codes, 1942, § 7140; Laws, 1936, ch. 178; Laws, 1960, ch. 354, § 8]

Editor’s Notes —

Former §41-7-1 created the State Hospital Commission, and specified its membership.

Former §41-7-3 directed that the commission be organized and personnel be selected.

Former §41-7-5 specified the terms of members of the commission and their compensation.

Former §41-7-7 specified quorum requirements for commission meetings.

Former §41-7-9 specified the duties of the commission.

Former §41-7-11 pertained to the establishment of minimum requirements for a standard hospital.

Former §41-7-13 specified eligibility requirements for reimbursement for the care of indigent persons.

Former §41-7-15 provided for certificates of eligibility and compliance.

Former §41-7-17 provided for the establishment of local boards of trustees.

Former §41-7-19 directed that local boards of trustees visit standard hospitals.

Laws of 1986, ch. 437, §§ 1, 2, effective from and after July 1, 1986, provide as follows:

“SECTION 1. This act shall be known and may be cited as the Mississippi Health Services Reorganization Act of 1986.

“SECTION 2. All records, property and unexpended balances of appropriations, allocations or other funds of any agency abolished or affected by this act shall be transferred to the appropriate agency according to the merger of their functions under this act.”

§ 41-7-21. Local boards of trustees may enact rules and regulations.

The board of trustees for such hospital or hospitals are authorized to adopt such other rules and regulations as may become necessary in each community to protect the patients and charity fund, and to make an equitable distribution of said funds in said counties and districts in the territories served by their respective institutions.

HISTORY: Codes, 1942, § 7141; Laws, 1936, ch. 178.

§§ 41-7-23 through 41-7-33. Repealed.

Repealed by Laws 1986, ch. 437, § 6, eff from and after July 1, 1986.

§41-7-23. [Codes, 1942, § 7139; Laws, 1936, ch. 178; Laws, 1960, ch. 354, § 7]

§41-7-25. [Codes, 1942, § 7139; Laws, 1936, ch. 178; Laws, 1960, ch. 354, § 7]

§41-7-27. [Codes, 1942, § 7138; Laws, 1936, ch. 178; Laws, 1938, ch. 267; Laws, 1960, ch. 354, § 6; Laws, 1964, ch. 434, § 1; Laws, 1972, ch. 424, § 1; Laws, 1977, ch. 345; Laws, 1980, ch. 409]

§41-7-29. [Codes, 1942, § 7138-01; Laws, 1946, ch. 482, §§ 1-5; Laws, 1960, ch. 354, § 13]

§41-7-31. [Codes, 1942, § 7138; Laws, 1936, ch. 178; Laws, 1938, ch. 267; Laws, 1960, ch. 354, § 6; Laws, 1964, ch. 434, § 1]

§41-7-33. [Codes, 1942, § 7142; Laws, 1936, ch. 178; Laws, 1962, ch. 406, § 2; Laws, 1964, ch. 434, § 2]

Editor’s Notes —

Former §41-7-23 directed local boards to make certain reports.

Former §41-7-25 specified reimbursement procedures.

Former §41-7-27 pertained to admission of patients and certificates of eligibility.

Former §41-7-29 pertained to admission of patients having cancer.

Former §41-7-31 required the state hospital commission to make reports concerning treatments.

Former §41-7-33 required the state hospital commission to make reports concerning expenditures.

§ 41-7-35. Hospitals may not exact additional payments from patients.

No hospital shall be allowed to charge, accept or retain any additional payment from or in behalf of any indigent patient for hospital services rendered while being cared for under the terms of Sections 41-7-1 through 41-7-45, unless it appears that the patient was wrongfully or mistakenly qualified or admitted as an indigent patient. This section shall not be construed, however, to prohibit any hospital from charging, accepting or retaining lawful payments or contributions from governmental or other public sources or from philanthropic or charitable sources having an impersonal interest in the patients involved.

HISTORY: Codes, 1942, § 7132; Laws, 1936, ch. 178; Laws, 1944, ch. 278; Laws, 1946, ch. 378; Laws, 1950, ch. 460; Laws, 1960, ch. 354, § 1; Laws, 1962, ch. 406, § 1; Laws, 1964, ch. 432, § 1, eff from and after June 30, 1964.

Editor’s Notes —

This section contains a reference to §§41-7-1 through 41-7-45. All of these sections, except for §§41-7-21, 41-7-35, 41-7-39, and 41-7-45, were repealed by Law of, 1986, ch. 437, § 6, eff from and after July 1, 1986.

Cross References —

Power of board of supervisors to make contributions, see §19-5-93.

Municipal contributions for hospital purposes, see §§21-19-5,21-19-7.

§ 41-7-37. Repealed.

Repealed by Laws, 1979, ch. 400, § 2, eff from and after July 1, 1979.

[En Laws, 1960, ch. 354, § 11]

Editor’s Notes —

Former §41-7-37 prohibited physicians on the staffs of hospitals participating in the indigent care program from taking fees for medical or surgical services rendered indigent patients.

§ 41-7-39. Wrongfully obtaining care, treatment or hospitalization.

Any person knowingly obtaining or attempting to obtain, or any person, firm or corporation who knowingly aids or abets any person to obtain, or attempt to obtain, by means of a willfully false statement or representation or impersonation, or other fraudulent device, any care, treatment or hospitalization provided by the provisions of Sections 41-7-1 through 41-7-45, to which he is not lawfully entitled shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided by law.

HISTORY: Codes, 1942, § 7144.5; Laws, 1960, ch. 354, § 12, eff July 1, 1960.

Editor’s Notes —

This section contains a reference to §§41-7-1 through 41-7-45. All of these sections, except for §§41-7-21, 41-7-35, 41-7-39, and 41-7-45, were repealed by Laws of 1986, ch. 437, § 6, eff from and after July 1, 1986.

§§ 41-7-41 and 41-7-43. Repealed.

Repealed by Laws, 1986, ch. 437, § 6, eff from and after July 1, 1986.

§41-7-41. [Codes, 1942, § 7133; Laws, 1936, ch. 178]

§41-7-43. [Codes, 1942, § 7143; Laws, 1936, ch. 178; Laws, 1962, ch. 406, § 2; Laws, 1964, ch. 434, § 2; Laws, 1970, ch. 416, § 1; Laws, 1981, ch. 404, § 2; Laws, 1983, ch. 501]

Editor’s Notes —

Former §41-7-41 authorized the commission to take steps necessary to obtain federal funds.

Former §41-7-43 pertained to the allocation of funds appropriated for the support of qualified hospitals.

§ 41-7-45. Laws governing funds to apply.

All sums of money that may be appropriated to carry out the provisions of Sections 41-7-1 through 41-7-45 shall be expended only pursuant to appropriation approved by the Legislature and as provided by law.

HISTORY: Codes, 1942, § 7144; Laws, 1936, ch. 178; Laws, 1960, ch. 354, § 10; Laws, 1984, ch. 488, § 206, eff from and after July 1, 1984.

Editor’s Notes —

This section contains a reference to §§41-7-1 through 41-7-45. All of these sections, except for §§41-7-21, 41-7-35, 41-7-39, and 41-7-45, were repealed by Laws of 1986, ch. 437, § 6, eff from and after July 1, 1986.

Laws of 1984, ch. 488, § 341, provides as follows:

“SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

Hospital Reimbursement Commission

§ 41-7-71. Declaration of policy.

It is hereby declared to be the policy of the State of Mississippi that a patient or resident in a state institution whose estate is sufficient, or, if not, who has (a) a spouse; or (b) one or more parent(s) if said patient or resident is under the age of twenty-one (21) years and unmarried, who is(are) financially able to pay all or any part of the cost of such hospitalization or treatment, shall be required to pay for all or part of his or her maintenance in such institution. No resident of this state shall be refused admission to or treatment in any of the institutions enumerated in Section 41-7-73 because of his inability to pay all or any of said costs. It shall be the duty of the director or the governing board, as appropriate, of the admitting institution to ascertain the financial ability of the patient or resident and to establish an amount to be paid monthly based on current ability to pay, with a continuing claim for the difference in the amount paid and the maximum charges assessed that could be made as determined pursuant to Section 41-7-79.

HISTORY: Codes, 1942, § 7146.7-01; Laws, 1962, ch. 410, § 1; Laws, 1983, ch. 337; Laws, 1986, ch. 437, § 8; Laws, 1988, ch. 445, § 1, eff from and after July 1, 1988.

Cross References —

Sliding scale fees, see §41-7-79.

RESEARCH REFERENCES

ALR.

Infant’s liability for medical, dental, or hospital services. 53 A.L.R.4th 1249.

JUDICIAL DECISIONS

1. In general.

The provisions of §§41-7-71 et seq., which empowered the Mississippi Hospital Reimbursement Commission to seek reimbursement from the estate of one civilly and involuntarily committed for all or part of the cost of care and treatment rendered by a state hospital, constitute an exception to the general rule of §41-17-1 that persons are entitled to treatment at the Mississippi State Hospital “free of charge”; moreover, in an action seeking reimbursement from the estate of one civilly and involuntarily committed, those provisions did not operate as ex post facto laws, since a previous act required reimbursement from solvent incompetent persons for care and treatment at state mental hospitals, and since the Commission claimed nothing against the estate for care or treatment rendered prior to the statutes’ effective date. Chill v. Mississippi Hospital Reimbursement Com., 429 So. 2d 574, 1983 Miss. LEXIS 2563 (Miss. 1983).

Hospital’s contract with state commission on hospital care involving state grant of aid, whereby the hospital agreed to furnish up to 10 per cent of the bed capacity free to indigent patients, does not contemplate the use of state funds to reimburse the hospital for charity patients, in view of the facts that a state charity hospital was already located in the same county, that there is no authority in the commission to make such reimbursement, and that the hospital agreed that no such reimbursement could or would be requested. Craig v. Mercy Hospital-Street Memorial, 209 Miss. 427, 45 So. 2d 809, 1950 Miss. LEXIS 408 (Miss. 1950).

§ 41-7-73. State institutions enumerated.

The term “state institution” or “state institutions” as used in Sections 41-7-71 through 41-7-95 shall include the following: Mississippi State Hospital at Whitfield, Ellisville State School, East Mississippi State Hospital at Meridian, Mississippi Children’s Rehabilitation Center, North Mississippi Regional Center, Hudspeth Regional Center, South Mississippi Regional Center, North Mississippi State Hospital at Tupelo, South Mississippi State Hospital at Purvis, University of Mississippi Hospital, Boswell Regional Center, the Mississippi Adolescent Center at Brookhaven, the Specialized Treatment Facility for the Emotionally Disturbed in Harrison County, and the Central Mississippi Residential Center at Newton.

HISTORY: Codes, 1942, § 7146.7-04; Laws, 1962, ch. 410, § 4; Laws, 1975, ch. 365; Laws, 1981, ch. 539, § 4; Laws, 1986, ch. 437, § 9; Laws, 1992, ch. 336, § 22; Laws, 2002, ch. 350, § 1; Laws, 2009, ch. 563, § 14, eff from and after passage (approved May 13, 2009).

Editor’s Notes —

Sections 41-7-75 and 41-7-77, 41-7-81 through 41-7-85, 41-7-89 and 41-7-93 referred to in this section were repealed by Laws of 1986, ch. 437, § 7, effective from and after July 1, 1986.

Amendment Notes —

The 2009 amendment substituted “Mississippi Adolescent Center” for “Juvenile Rehabilitation Center” near the end of the paragraph.

Cross References —

University of Mississippi Hospital, see §§37-115-25 et seq.

Prohibition against refusal to admit or treat a person, see §41-7-71.

Deposit with director or other officer of state institution funds for personal benefit of patients, see §41-7-90.

Authorization for directors of state institutions listed in this section to accept federal aid to care for wartime veterans, see §41-17-11.

Assessment of support and maintenance costs of patients at Boswell Retardation Center, see §41-19-209.

§§ 41-7-75 and 41-7-77. Repealed.

Repealed by Laws, 1986, ch. 437, § 7, eff from and after July 1, 1986.

§41-7-75. [Codes, 1942, § 7146.7-02; Laws, 1962, ch. 410, § 2]

§41-7-77. [Codes, 1942, § 7146.7-08; Laws, 1962, ch. 410, § 8]

Editor’s Notes —

Former §41-7-75 created the hospital reimbursement commission, and specified its members.

Former §41-7-77 directed the capitol commission to furnish suitable office space for the hospital reimbursement commission.

§ 41-7-79. Assessment and collection of charges by state institutions.

Each state institution shall have the power to assess and collect charges from patients, patients’ estates and from all persons legally liable for the cost of care of such patients in such state institution. The maximum charges which may be made shall be based on the estimated cost of operating the institution, and such costs shall include a reasonable amount for depreciation. The director or the governing board of each institution, as appropriate, shall investigate or cause to be investigated the financial ability of each patient, his or her estate, and all other persons legally liable for the cost or care of the patient, and the charges assessed shall be in accordance with the ability of the person assessed to pay.

The Director of the Mississippi Children’s Rehabilitation Center or the governing board of the center, as appropriate, upon conclusion of the investigation of the financial ability of each patient and all other persons legally liable for the cost of care of the patient, shall assess a fee against each patient based on the financial ability of such patient or others legally liable for such patient to pay. The fee shall be adjustable and commensurate with the patient’s financial ability to pay. In order to receive the benefits of the sliding scale fee each patient is required to provide for the Children’s Rehabilitation Center sufficient financial information in order to allow the center to make a determination as to whether or not a reduced fee is appropriate. The center shall not utilize such fee scale for any patient unless the patient has a need for additional treatment, and has no insurance covering his treatment or such insurance is exhausted. The Children’s Rehabilitation Center shall make every effort to collect the total charges from a patient, the patient’s estate and from all persons legally liable for the cost of care of the patient before it may utilize a sliding fee scale for the patient.

After three (3) good faith attempts have been made to collect a remaining balance of such charges, and upon the recommendation of the Children’s Rehabilitation Center fiscal officer, said balance may be declared uncollectible and worthless, and no longer listed as an asset.

In the determination of ability to pay, the director or governing board shall not work an undue hardship on any patient or person legally responsible for such a patient. The value of a homestead shall not be considered in determining the ability to pay. The number of dependents of a patient or the party legally responsible for such patient shall be considered in determining ability to pay. The value of real and/or personal property may also be considered.

The director or the governing board, as appropriate, shall have authority to enter into agreements with the patients or others legally liable whereby periodic payments can be made on said accounts. The director or governing board may accept notes, secured or open, or any other evidences of indebtedness.

The director or the governing board, as appropriate, of each state institution shall have the right to institute suits where necessary or advisable, and it shall be the duty of the Attorney General to institute such suits either in the name of the institution or in the name of the State of Mississippi. Except in matters involving the administration of estates, the probate of wills or the appointment of guardians or conservators, venue for such suits shall lie in the county in which the institution is located, and the venue shall not be subject to change.

HISTORY: Codes, 1942, §§ 7146.7-01, 7146.7-05; Laws, 1962, ch. 410, §§ 1, 5; Laws, 1981, ch. 539, § 2; Laws, 1986, ch. 437, § 10; Laws, 1988, ch. 445, § 2, eff from and after July 1, 1988.

Cross References —

Suits by Attorney General on behalf of state and state officers, see §§7-5-37,7-5-39.

Duty of the director of the admitting institution to ascertain the financial ability of a patient or resident to pay, see §41-7-71.

Application of funds in patient’s personal deposit fund to payment of care, see §41-7-90.

Provision that, after death or discharge of patient, any unexpended balance remaining in his personal deposit fund shall be applied for payment of care and other costs, not to exceed the maximum charge that could be made under this section, see §41-7-90.

§§ 41-7-81 through 41-7-85. Repealed.

Repealed by Laws, 1986, ch. 437, § 7, eff from and after July 1, 1986.

§41-7-81. [Codes, 1942, § 7146.7-09; Laws, 1962, ch. 410, § 9; Laws, 1984, ch. 488, § 207]

§41-7-83. [Codes, 1942, § 7146.7-03; Laws, 1962, ch. 410, § 3; Laws, 1981, ch. 539, § 3]

§41-7-85. [Codes, 1942, § 7146.7-09; Laws, 1962, ch. 410, § 9]

Editor’s Notes —

Former §41-7-81 directed the hospital reimbursement commission to file monthly reports.

Former §41-7-83 provided for a director of the hospital reimbursement commission.

Former §41-7-85 directed the heads of state institutions to file reports reflecting financial ability of all patients, and authorized the acceptance of payments from patients on accounts.

§ 41-7-87. No priority in admitting patients to institutions.

No state institution shall give admission priority because of a patient’s ability to pay. However, nothing in this section shall in any way affect the duties, responsibilities and requirements imposed on the University of Mississippi Hospital by Sections 37-115-25, 37-115-31, Mississippi Code of 1972.

HISTORY: Codes, 1942, § 7146.7-10; Laws, 1962, ch. 410, § 10, eff from and after July 1, 1962.

§ 41-7-89. Repealed.

Repealed by Laws, 1986, ch. 437, § 7, eff from and after July 1, 1986.

[Codes, 1942, § 7146.7-06; Laws, 1962, ch. 410, § 6]

Editor’s Notes —

Former §41-7-89 directed other state agencies, departments and institutions to cooperate with the hospital reimbursement commission.

§ 41-7-90. Patient’s personal deposit fund; applied to payment of care; disposition of personal property.

  1. Any funds given or provided for the purpose of supplying extra comforts, conveniences or services to any patient in any state institution enumerated in Section 41-7-73, and any funds otherwise received and held from, for or on behalf of any such patient, shall be deposited by the director or other proper officer of the institution to the credit of that patient in an account which shall be known as the Patient’s Personal Deposit Fund. Whenever the sum belonging to any patient, deposited to the patient’s personal deposit fund, exceeds the sum of Seven Hundred Fifty Dollars ($750.00), the excess may be applied to the payment of the care, support, maintenance and medical attention of the patient.
  2. After the death or discharge of any patient for whose benefit any such fund has heretofore or shall hereafter be provided, any unexpended balance remaining in his personal deposit fund shall be applied for payment of care, cost of support, maintenance and medical attention, not to exceed the maximum charge that could be made as determined pursuant to Section 41-7-79. In the event any unexpended balance remains in that patient’s personal deposit fund after complete reimbursement has been made for payment of care, support, maintenance and medical attention, and the director or other proper officer of the state institution has been or shall be unable to locate the person or persons entitled to such unexpended balance, the director or other proper officer may, after the lapse of one (1) year from the date of such death or discharge, deposit the unexpended balance to the credit of that institution’s operating fund.
  3. All personal property, other than money, left by a patient at any state institution which has remained unclaimed for one (1) year shall be disposed of in any manner determined by the director or other proper officer of the institution.
  4. The provisions of Section 43-13-120 shall not be applicable to any Medicaid patient in a state institution listed in Section 41-7-73, who has a personal deposit fund as provided for in this section.

HISTORY: Laws, 1981, ch. 539, § 1; Laws, 1986, ch. 437, § 11, eff from and after July 1, 1986.

§ 41-7-91. Deposit of funds.

All funds collected under the provisions of Sections 41-7-71 through 41-7-95 shall be deposited in the state treasury to the credit of the operating fund of the institution where the patient is confined or is receiving treatment.

HISTORY: Codes, 1942, § 7146.7-07; Laws, 1963, ch. 410, § 7, eff from and after July 1, 1962.

Editor’s Notes —

Sections 41-7-75, 41-7-77, 41-7-81 through 41-7-85, 41-7-89 and 41-7-93, referred to in this section, were repealed by Laws of 1986, Ch. 437, § 7, effective from and after July 1, 1986.

§ 41-7-93. Repealed.

Repealed by Laws, 1986, ch. 437, § 7, eff from and after July 1, 1986.

[Codes, 1942, § 7146.7-07; Laws, 1962, ch. 410, § 7]

Editor’s Notes —

Former §41-7-93 provided that the salaries and expenses of the director of the hospital reimbursement commission would be prorated against the several state institutions.

§ 41-7-95. Moneys exempted; certain sections not repealed.

All moneys collected under the provisions of Section 11-7-13 of the Mississippi Code of 1972, shall be exempted from the provisions of Sections 41-7-71 through 41-7-95.

Nothing in Sections 41-7-71 through 41-7-95 shall be construed as repealing Sections 85-3-17 and 85-3-19.

HISTORY: Laws, 1962, ch. 410, §§ 12, 13, eff from and after July 1, 1962.

§41-7-95. Codes, 1942, §§ 7146.7-12, 7146.7-13.

Editor’s Notes —

Sections 41-7-75, 41-7-77, 41-7-81 through 41-7-85, 41-7-89 and 41-7-93, referred to in this section, were repealed by Laws of 1986, Ch. 437, § 7, effective from and after July 1, 1986.

Health Care Commission

§§ 41-7-111 through 41-7-131. Repealed.

Repealed by Laws, 1979, ch. 451, § 26, eff from and after July 1, 1979.

§41-7-111. [Laws, 1946, ch. 363, § 1; Laws, 1948, ch. 433, § 1; Laws, 1970, ch. 417, § 1]

§41-7-113. [Laws, 1946, ch. 363, § 2; Laws, 1948, ch. 433, § 2; Laws, 1958, ch. 364, § 1; 1966, ch. 445, § 20]

§41-7-115. [Laws, 1946, ch 363, § 3; Laws, 1954, ch. 286, § 1]

§41-7-117. [Laws, 1946, ch. 363, § 4; Laws, 1954, ch. 286, § 2]

§41-7-119. [Laws, 1946, ch. 363, § 5; Laws, 1948, ch. 433, § 3; Laws, 1954, ch. 286, § 3; Laws, 1958, ch. 364, § 2]

§41-7-121. [Laws, 1946, ch. 363, § 5; Laws, 1948, ch. 433, § 3; Laws, 1954, ch. 286, § 3; Laws, 1958, ch. 364, § 2]

§41-7-123. [Laws, 1946, ch. 363, § 6; Laws, 1948, ch. 430, § 1; Laws, 1954, chs. 286, § 4, 292; Laws, 1958, ch. 355; Laws, 1962, ch. 407, § 1]

§41-7-125. [Laws, 1946, ch. 363, § 6; Laws, 1948, ch. 430, § 1; Laws, 1954, chs. 286, § 4, 292; Laws, 1958, ch. 355; Laws, 1962, ch. 407, § 1]

§41-7-127. [Laws, 1946, ch. 363, § 6; Laws, 1948, ch. 430, § 1; Laws, 1954, chs. 286, § 4, 292; Laws, 1958, ch. 355; Laws, 1962, ch. 407, § 1]

§41-7-129. [Laws, 1962, ch. 412, §§ 1, 2]

§41-7-131. [Laws, 1946, ch. 363, § 13; Laws, 1954, ch. 286, § 8]

Editor’s Notes —

Former §41-7-111 created the Mississippi Commission on Hospital Care and provided for the appointment of members, terms of office, the filling of vacancies, the organization of the commission, and the per diem and travel expenses of members.

Former §41-7-113 dealt with the rules and records of the commission on hospital care, the employment of an executive director and other employees, and the procurement of space, equipment and supplies.

Former §41-7-115 dealt with the general powers and duties of the commission on hospital care.

Former §41-7-117 made it the duty of the commission on hospital care to prepare a state-wide hospital plan, to conduct studies and surveys, and to report findings and recommendations to the legislature at each regular session.

Former §41-7-119 provided for grants-in-aid by the commission on hospital care for hospitals and other health care facilities, including schools of nursing, and placed limits on the size and number of such grants.

Former §41-7-121 dealt with applications to the commission on hospital care for grants-in-aid for hospital and other health care facilities.

Former §41-7-123 set out the details for the making of grants-in-aid for hospitals and other health care facilities by the commission on hospital care.

Former §41-7-125 provided for a twenty-year inchoate lien in favor of the state on property of hospitals or other health care facilities receiving grants-in-aid from the commission on hospital care, with the right to recover upon the occurrence of certain specified events.

Former §41-7-127 set out the conditions under which the inchoate lien provided for in former §41-7-125 might be released by the state and provided the method for so doing.

Former §41-7-129 provided for grants-in-aid for student nurse dormitories on campuses of junior colleges.

Former §41-7-131 provided for grants-in-aid for the purchase, reconstruction or remodeling of existing hospital or other health facilities.

§ 41-7-133. Utilization of federal funds.

Federal funds, if available, may be utilized to increase, expand or enlarge (1) any hospital or other health facility provided for and constructed in part by a grant under Sections 41-7-111 through 41-7-149, or (2) any hospital constructed in part by a grant under said sections, so as to provide for diagnostic or treatment centers and/or hospitals for the chronically ill and impaired and/or rehabilitation facilities and/or nursing homes, to be operated in connection with such hospital. However, such federal funds shall not be included in computing the cost of such construction for the purpose of determining the maximum amount of the grant of state funds. Such state funds, together with locally provided funds, may be used, however, for the purpose of matching any available federal funds. In determining the cost of any such construction, there may be included the fair market value of any equipment, material or building donated or otherwise made permanently available by any local group, political subdivision or individual, but the value of the services of any such group or person shall not be included.

HISTORY: Codes, 1942, § 7146-07; Laws, 1946, ch. 363, § 7; Laws, 1954, ch. 286, § 5; Laws, 1958, ch. 355, § 3.

Editor’s Notes —

Sections 41-7-111 through 41-7-131, 41-7-135 through 41-7-139, 41-7-141, 41-7-143 and 41-7-147, referred to in this section, were repealed by Laws of 1979, ch. 451, § 26, eff from and after July 1, 1979.

§§ 41-7-135 through 41-7-139. Repealed.

Repealed by Laws, 1979, ch. 451, § 26, eff from and after July 1, 1979.

§41-7-135. [Laws, 1946, ch. 363, § 8; Laws, 1948, ch. 433, § 4; Laws, 1950, ch. 353, § 1]

§41-7-137. [Laws, 1946, ch. 363, § 9; Laws, 1948, ch. 433, § 5; Laws, 1954, ch. 286, § 6]

§41-7-139. [Laws, 1946, ch. 363, § 10; Laws, 1954, ch. 286, § 7]

Editor’s Notes —

Former §41-7-135 required priorities based on need and optimum effectiveness in the making of grants-in-aid for hospitals and other health related facilities.

Former §41-7-137 empowered the commission on hospital care to purchase hospital or related health facility equipment, supplies and accessories and to make grants thereof at cost value plus handling expense in lieu of monetary grants.

Former §41-7-139 authorized the commission on hospital care to establish a state-wide nurse education program and provided for the funding thereof.

§ 41-7-140. Continuing education program for hospital trustees.

  1. Members of boards of trustees of hospitals who bear legal responsibility for the operation of such hospitals shall have made available by the State Department of Health a course of not less than ten (10) clock hours annually of training as continuing education.
  2. The State Department of Health, through regulations issued in accordance with law, shall prescribe the curriculum to be pursued, including subjects and areas of information deemed pertinent to the duties, activities and exercise of authority as hospital trustees; provided, however, that the department shall solicit advice and recommendations appertaining to such instruction from associations and other cognizant sources on hospital operation within the state.
  3. Such continuing education, attendance upon which shall not be mandatory for hospital trustees, shall be offered at such times and places so as to minimize inconvenience and hardship upon hospital trustees. Each hospital is hereby authorized and empowered to reimburse each trustee actual reasonable expenses incurred in attending such meetings.
  4. The department shall maintain records of all such continuing education programs and the names of all hospital trustees receiving such training.

HISTORY: Laws, 1974, ch. 453; Laws, 1979, ch. 451, § 20; Laws, 1981, ch. 436, § 1; Laws, 1981, ch. 484, § 16; Laws, 1982, ch. 395, § 3; Laws, 1986, ch. 437, § 13, eff from and after July 1, 1986.

Cross References —

Traveling expenses of state officers and employees, see §25-3-41.

Mississippi Health Care Commission Law of 1979, see §§41-7-171 et seq.

§§ 41-7-141 and 41-7-143. Repealed.

Repealed by Laws, 1979, ch. 451, § 26, eff from and after July 1, 1979.

[Laws, 1946, ch. 363, §§ 11, 12]

Editor’s Notes —

Former §41-7-141 authorized the commission on hospital care to assist in the development of a pre-payment plan of hospitalization or hospitalization insurance.

Former §41-7-143 provided for the disposition of the five existing state charity hospitals.

§ 41-7-145. Conveyance of existing hospital facilities or other property.

Any county board of supervisors or the governing authority of any municipality may, in carrying out or in furtherance of the provisions of Sections 41-7-111 through 41-7-149, or any program or plan adopted under such sections, as a part of any contribution, cash or otherwise, that may be required by such county or municipality, convey to any municipality, county or other political subdivision or agency of the state any property, real or personal, or any existing hospital facilities or other existing facilities suitable for hospital purposes owned by such county or municipality and not needed by it for governmental purposes. Such conveyance shall be upon such terms and conditions as may be agreed upon.

HISTORY: Codes, 1942, § 7146-12; Laws, 1946, ch. 363, § 12.

Editor’s Notes —

Sections 41-7-111 through 41-7-131, 41-7-135 through 41-7-139, 41-7-141, 41-7-143 and 41-7-147, referred to in this section, were repealed by Laws of 1979, ch. 451, eff from and after July 1, 1979.

§ 41-7-147. Repealed.

Repealed by Laws, 1979, ch. 451, § 26, eff from and after July 1, 1979.

[Laws, 1946, ch. 363, § 15; Laws, 1958, ch. 364, § 4]

Editor’s Notes —

Former §41-7-147 required signatures of at least two specified officers of the commission on hospital care on all disbursements and expenditures of commission funds.

§ 41-7-149. Annual audit.

The State Auditor shall make an annual audit of the accounts and expenditures of the Mississippi Health Care Commission.

HISTORY: Codes, 1942, § 7146-14; Laws, 1946, ch. 363, § 14; Laws, 1979, ch. 451, § 21; Laws, 1985, ch. 455, § 9, eff from and after passage (approved March 29, 1985).

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Cross References —

State fiscal officer, generally, see §§7-7-1 et seq.

Mississippi Health Care Commission Law of 1979, see §§41-7-171 et seq.

Health Care Certificate of Need Law of 1979

§ 41-7-171. Short title.

Sections 41-7-171 through 41-7-209 shall be known and may be cited as the “Mississippi Health Care Certificate of Need Law of 1979.”

HISTORY: Laws, 1979, ch. 451, § 1; Laws, 1986, ch. 437, § 33, eff from and after July 1, 1986.

Cross References —

Notwithstanding the provisions of §§41-7-171 et seq., Department of Mental Health authorized to contract with private or public entities to transfer beds to other entities to better meet needs of clients, see §41-4-18.

Powers of State Department of Health with respect to §§41-7-171 et seq., see §41-7-185.

OPINIONS OF THE ATTORNEY GENERAL

Sections 37-115-21 et seq. establish the University Medical Center and its teaching hospital independently of the certificate of need statutes and, therefore, the University of Mississippi Medical Center is not subject to the certificate of need provisions. 2000 Miss. Op. Att'y Gen. 326.

§ 41-7-173. Definitions.

For the purposes of Section 41-7-171 et seq., the following words shall have the meanings ascribed herein, unless the context otherwise requires:

“Affected person” means (i) the applicant; (ii) a person residing within the geographic area to be served by the applicant’s proposal; (iii) a person who regularly uses health care facilities or HMOs located in the geographic area of the proposal which provide similar service to that which is proposed; (iv) health care facilities and HMOs which have, prior to receipt of the application under review, formally indicated an intention to provide service similar to that of the proposal being considered at a future date; (v) third-party payers who reimburse health care facilities located in the geographical area of the proposal; or (vi) any agency that establishes rates for health care services or HMOs located in the geographic area of the proposal.

“Certificate of need” means a written order of the State Department of Health setting forth the affirmative finding that a proposal in prescribed application form, sufficiently satisfies the plans, standards and criteria prescribed for such service or other project by Section 41-7-171 et seq., and by rules and regulations promulgated thereunder by the State Department of Health.

(i) “Capital expenditure,” when pertaining to defined major medical equipment, shall mean an expenditure which, under generally accepted accounting principles consistently applied, is not properly chargeable as an expense of operation and maintenance and which exceeds One Million Five Hundred Thousand Dollars ($1,500,000.00).

“Capital expenditure,” when pertaining to other than major medical equipment, shall mean any expenditure which under generally accepted accounting principles consistently applied is not properly chargeable as an expense of operation and maintenance and which exceeds, for clinical health services, as defined in subsection (k) below, Five Million Dollars ($5,000,000.00), adjusted for inflation as published by the State Department of Health or which exceeds, for nonclinical health services, as defined in subsection (k) below, Ten Million Dollars ($10,000,000.00), adjusted for inflation as published by the State Department of Health.

A “capital expenditure” shall include the acquisition, whether by lease, sufferance, gift, devise, legacy, settlement of a trust or other means, of any facility or part thereof, or equipment for a facility, the expenditure for which would have been considered a capital expenditure if acquired by purchase. Transactions which are separated in time but are planned to be undertaken within twelve (12) months of each other and are components of an overall plan for meeting patient care objectives shall, for purposes of this definition, be viewed in their entirety without regard to their timing.

In those instances where a health care facility or other provider of health services proposes to provide a service in which the capital expenditure for major medical equipment or other than major medical equipment or a combination of the two (2) may have been split between separate parties, the total capital expenditure required to provide the proposed service shall be considered in determining the necessity of certificate of need review and in determining the appropriate certificate of need review fee to be paid. The capital expenditure associated with facilities and equipment to provide services in Mississippi shall be considered regardless of where the capital expenditure was made, in state or out of state, and regardless of the domicile of the party making the capital expenditure, in state or out of state.

“Change of ownership” includes, but is not limited to, inter vivos gifts, purchases, transfers, lease arrangements, cash and/or stock transactions or other comparable arrangements whenever any person or entity acquires or controls a majority interest of an existing health care facility, and/or the change of ownership of major medical equipment, a health service, or an institutional health service. Changes of ownership from partnerships, single proprietorships or corporations to another form of ownership are specifically included. However, “change of ownership” shall not include any inherited interest acquired as a result of a testamentary instrument or under the laws of descent and distribution of the State of Mississippi.

“Commencement of construction” means that all of the following have been completed with respect to a proposal or project proposing construction, renovating, remodeling or alteration:

A legally binding written contract has been consummated by the proponent and a lawfully licensed contractor to construct and/or complete the intent of the proposal within a specified period of time in accordance with final architectural plans which have been approved by the licensing authority of the State Department of Health;

Any and all permits and/or approvals deemed lawfully necessary by all authorities with responsibility for such have been secured; and

Actual bona fide undertaking of the subject proposal has commenced, and a progress payment of at least one percent (1%) of the total cost price of the contract has been paid to the contractor by the proponent, and the requirements of this paragraph (e) have been certified to in writing by the State Department of Health.

Force account expenditures, such as deposits, securities, bonds, et cetera, may, in the discretion of the State Department of Health, be excluded from any or all of the provisions of defined commencement of construction.

“Consumer” means an individual who is not a provider of health care as defined in paragraph (q) of this section.

“Develop,” when used in connection with health services, means to undertake those activities which, on their completion, will result in the offering of a new institutional health service or the incurring of a financial obligation as defined under applicable state law in relation to the offering of such services.

“Health care facility” includes hospitals, psychiatric hospitals, chemical dependency hospitals, skilled nursing facilities, end-stage renal disease (ESRD) facilities, including freestanding hemodialysis units, intermediate care facilities, ambulatory surgical facilities, intermediate care facilities for the mentally retarded, home health agencies, psychiatric residential treatment facilities, pediatric skilled nursing facilities, long-term care hospitals, comprehensive medical rehabilitation facilities, including facilities owned or operated by the state or a political subdivision or instrumentality of the state, but does not include Christian Science sanatoriums operated or listed and certified by the First Church of Christ, Scientist, Boston, Massachusetts. This definition shall not apply to facilities for the private practice, either independently or by incorporated medical groups, of physicians, dentists or health care professionals except where such facilities are an integral part of an institutional health service. The various health care facilities listed in this paragraph shall be defined as follows:

“Hospital” means an institution which is primarily engaged in providing to inpatients, by or under the supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment and care of injured, disabled or sick persons, or rehabilitation services for the rehabilitation of injured, disabled or sick persons. Such term does not include psychiatric hospitals.

“Psychiatric hospital” means an institution which is primarily engaged in providing to inpatients, by or under the supervision of a physician, psychiatric services for the diagnosis and treatment of persons with mental illness.

“Chemical dependency hospital” means an institution which is primarily engaged in providing to inpatients, by or under the supervision of a physician, medical and related services for the diagnosis and treatment of chemical dependency such as alcohol and drug abuse.

“Skilled nursing facility” means an institution or a distinct part of an institution which is primarily engaged in providing to inpatients skilled nursing care and related services for patients who require medical or nursing care or rehabilitation services for the rehabilitation of injured, disabled or sick persons.

“End-stage renal disease (ESRD) facilities” means kidney disease treatment centers, which includes freestanding hemodialysis units and limited care facilities. The term “limited care facility” generally refers to an off-hospital-premises facility, regardless of whether it is provider or nonprovider operated, which is engaged primarily in furnishing maintenance hemodialysis services to stabilized patients.

“Intermediate care facility” means an institution which provides, on a regular basis, health-related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designed to provide, but who, because of their mental or physical condition, require health-related care and services (above the level of room and board).

“Ambulatory surgical facility” means a facility primarily organized or established for the purpose of performing surgery for outpatients and is a separate identifiable legal entity from any other health care facility. Such term does not include the offices of private physicians or dentists, whether for individual or group practice, and does not include any abortion facility as defined in Section 41-75-1(f).

“Intermediate care facility for the mentally retarded” means an intermediate care facility that provides health or rehabilitative services in a planned program of activities to persons with an intellectual disability, also including, but not limited to, cerebral palsy and other conditions covered by the Federal Developmentally Disabled Assistance and Bill of Rights Act, Public Law 94-103.

“Home health agency” means a public or privately owned agency or organization, or a subdivision of such an agency or organization, properly authorized to conduct business in Mississippi, which is primarily engaged in providing to individuals at the written direction of a licensed physician, in the individual’s place of residence, skilled nursing services provided by or under the supervision of a registered nurse licensed to practice in Mississippi, and one or more of the following services or items:

1. Physical, occupational or speech therapy;

2. Medical social services;

3. Part-time or intermittent services of a home health aide;

4. Other services as approved by the licensing agency for home health agencies;

5. Medical supplies, other than drugs and biologicals, and the use of medical appliances; or

6. Medical services provided by an intern or resident-in-training at a hospital under a teaching program of such hospital.

Further, all skilled nursing services and those services listed in items 1 through 4 of this subparagraph (ix) must be provided directly by the licensed home health agency. For purposes of this subparagraph, “directly” means either through an agency employee or by an arrangement with another individual not defined as a health care facility.

This subparagraph (ix) shall not apply to health care facilities which had contracts for the above services with a home health agency on January 1, 1990.

“Psychiatric residential treatment facility” means any nonhospital establishment with permanent licensed facilities which provides a twenty-four-hour program of care by qualified therapists, including, but not limited to, duly licensed mental health professionals, psychiatrists, psychologists, psychotherapists and licensed certified social workers, for emotionally disturbed children and adolescents referred to such facility by a court, local school district or by the Department of Human Services, who are not in an acute phase of illness requiring the services of a psychiatric hospital, and are in need of such restorative treatment services. For purposes of this subparagraph, the term “emotionally disturbed” means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree, which adversely affects educational performance:

1. An inability to learn which cannot be explained by intellectual, sensory or health factors;

2. An inability to build or maintain satisfactory relationships with peers and teachers;

3. Inappropriate types of behavior or feelings under normal circumstances;

4. A general pervasive mood of unhappiness or depression; or

5. A tendency to develop physical symptoms or fears associated with personal or school problems. An establishment furnishing primarily domiciliary care is not within this definition.

“Pediatric skilled nursing facility” means an institution or a distinct part of an institution that is primarily engaged in providing to inpatients skilled nursing care and related services for persons under twenty-one (21) years of age who require medical or nursing care or rehabilitation services for the rehabilitation of injured, disabled or sick persons.

“Long-term care hospital” means a freestanding, Medicare-certified hospital that has an average length of inpatient stay greater than twenty-five (25) days, which is primarily engaged in providing chronic or long-term medical care to patients who do not require more than three (3) hours of rehabilitation or comprehensive rehabilitation per day, and has a transfer agreement with an acute care medical center and a comprehensive medical rehabilitation facility. Long-term care hospitals shall not use rehabilitation, comprehensive medical rehabilitation, medical rehabilitation, sub-acute rehabilitation, nursing home, skilled nursing facility or sub-acute care facility in association with its name.

“Comprehensive medical rehabilitation facility” means a hospital or hospital unit that is licensed and/or certified as a comprehensive medical rehabilitation facility which provides specialized programs that are accredited by the Commission on Accreditation of Rehabilitation Facilities and supervised by a physician board certified or board eligible in physiatry or other doctor of medicine or osteopathy with at least two (2) years of training in the medical direction of a comprehensive rehabilitation program that:

1. Includes evaluation and treatment of individuals with physical disabilities;

2. Emphasizes education and training of individuals with disabilities;

3. Incorporates at least the following core disciplines:

Physical Therapy;

Occupational Therapy;

Speech and Language Therapy;

Rehabilitation Nursing; and

4. Incorporates at least three (3) of the following disciplines:

Psychology;

Audiology;

Respiratory Therapy;

Therapeutic Recreation;

Orthotics;

Prosthetics;

Special Education;

Vocational Rehabilitation;

Psychotherapy;

Social Work;

Rehabilitation Engineering.

These specialized programs include, but are not limited to: spinal cord injury programs, head injury programs and infant and early childhood development programs.

“Health maintenance organization” or “HMO” means a public or private organization organized under the laws of this state or the federal government which:

Provides or otherwise makes available to enrolled participants health care services, including substantially the following basic health care services: usual physician services, hospitalization, laboratory, x-ray, emergency and preventive services, and out-of-area coverage;

Is compensated (except for copayments) for the provision of the basic health care services listed in subparagraph (i) of this paragraph to enrolled participants on a predetermined basis; and

Provides physician services primarily:

1. Directly through physicians who are either employees or partners of such organization; or

2. Through arrangements with individual physicians or one or more groups of physicians (organized on a group practice or individual practice basis).

“Health service area” means a geographic area of the state designated in the State Health Plan as the area to be used in planning for specified health facilities and services and to be used when considering certificate of need applications to provide health facilities and services.

“Health services” means clinically related (i.e., diagnostic, treatment or rehabilitative) services and includes alcohol, drug abuse, mental health and home health care services. “Clinical health services” shall only include those activities which contemplate any change in the existing bed complement of any health care facility through the addition or conversion of any beds, under Section 41-7-191(1)(c) or propose to offer any health services if those services have not been provided on a regular basis by the proposed provider of such services within the period of twelve (12) months prior to the time such services would be offered, under Section 41-7-191(1)(d). “Nonclinical health services” shall be all other services which do not involve any change in the existing bed complement or offering health services as described above.

“Institutional health services” shall mean health services provided in or through health care facilities and shall include the entities in or through which such services are provided.

“Major medical equipment” means medical equipment designed for providing medical or any health-related service which costs in excess of One Million Five Hundred Thousand Dollars ($1,500,000.00). However, this definition shall not be applicable to clinical laboratories if they are determined by the State Department of Health to be independent of any physician’s office, hospital or other health care facility or otherwise not so defined by federal or state law, or rules and regulations promulgated thereunder.

“State Department of Health” or “department” shall mean the state agency created under Section 41-3-15, which shall be considered to be the State Health Planning and Development Agency, as defined in paragraph (u) of this section.

“Offer,” when used in connection with health services, means that it has been determined by the State Department of Health that the health care facility is capable of providing specified health services.

“Person” means an individual, a trust or estate, partnership, corporation (including associations, joint-stock companies and insurance companies), the state or a political subdivision or instrumentality of the state.

“Provider” shall mean any person who is a provider or representative of a provider of health care services requiring a certificate of need under Section 41-7-171 et seq., or who has any financial or indirect interest in any provider of services.

“Radiation therapy services” means the treatment of cancer and other diseases using ionizing radiation of either high energy photons (x-rays or gamma rays) or charged particles (electrons, protons or heavy nuclei). However, for purposes of a certificate of need, radiation therapy services shall not include low energy, superficial, external beam x-ray treatment of superficial skin lesions.

“Secretary” means the Secretary of Health and Human Services, and any officer or employee of the Department of Health and Human Services to whom the authority involved has been delegated.

“State Health Plan” means the sole and official statewide health plan for Mississippi which identifies priority state health needs and establishes standards and criteria for health-related activities which require certificate of need review in compliance with Section 41-7-191.

“State Health Planning and Development Agency” means the agency of state government designated to perform health planning and resource development programs for the State of Mississippi.

HISTORY: Laws, 1979, ch. 451, § 2; Laws, 1980, ch. 493, § 1; Laws, 1981, ch. 484, § 18; Laws, 1982, ch. 482, § 1; Laws, 1983, ch. 484, § 1; Laws, 1984, ch. 472, § 2; Laws, 1985, ch. 534, § 1; Laws, 1986, ch. 437, § 34; Laws, 1987, ch. 515, § 1; Laws, 1989, ch. 530, § 1; Laws, 1990, ch. 510, § 1; Laws, 1993, ch. 609, § 9; Laws, 1994, ch. 649, § 15; Laws, 1999, ch. 583, § 1; Laws, 2010, ch. 476, § 24; Laws, 2010, ch. 505, § 16; Laws, 2014, ch. 394, § 1; Laws, 2016, ch. 412, § 1, eff from and after July 1, 2016.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in paragraph (c)(ii). The words “One Million ($1,000,000.00)” were changed to “One Million Dollars ($1,000,000.00)”. The Joint Committee ratified the correction at its May 20, 1998 meeting.

Section 24 of ch. 476, Laws of 2010, effective upon passage (approved April 1, 2010), amended this section. Section 16 of ch. 505, Laws of 2010, effective July 1, 2010 (approved April 8, 2010), but amended by ch. 556, § 1, to be effective from and after May 1, 2010, also amended this section. As set out above, this section reflects the language of both amendments pursuant to Section 1-1-109, which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the July 22, 2010, meeting of the Committee.

An error in a statutory reference at the end of (h)(viii) was corrected by substituting “ Section 41-75-1(f)” for “ Section 41-75-1(e).” The Joint Committee on Compilation, Revision and Publication of Legislation ratified the correction at its July 22, 2010, meeting.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in an internal statutory reference in (n) by substituting “as defined in paragraph (u)” for “as defined in paragraph (t).” The Joint Committee ratified the correction at its July 24, 2014, meeting.

Editor’s Notes —

This section was amended by Laws of 2010, ch. 505, § 16, effective from and after July 1, 2010. The effective date of Laws of 2010, ch. 505, was subsequently amended by Laws of 2010, ch. 556, § 1 which provides:

“SECTION 1. Section 18 of House Bill No. 211 (Regular Session) [Chapter 505] is amended to read:

“Section 18. This act shall take effect and be in force from and after May 1, 2010.”

Amendment Notes —

The first 2010 amendment (ch. 476) substituted “treatment of persons with mental illness” for “treatment of mentally ill persons” in (h)(ii); and substituted “to persons with an intellectual disability” for “to the mentally retarded” in (h)(viii).

The second 2010 amendment (ch. 505) made a minor stylistic change in (c)(i); and added “for a single diagnostic, therapeutic, rehabilitative, preventive or palliative procedure service, or series of such procedures, or which exceeds Five Million Dollars ($5,000,000) for any other type of expenditure” in (c)(ii).

The 2014 amendment added (r) and redesignated the remaining subsections accordingly.

The 2016 amendment rewrote (c)(ii), which read: “ ‘Capital expenditure,’ when pertaining to other than major medical equipment, shall mean any expenditure which under generally accepted accounting principles consistently applied is not properly chargeable as an expense of operation and maintenance and which exceeds Two Million Dollars ($2,000,000.00) for a single diagnostic, therapeutic, rehabilitative, preventive or palliative procedure service, or series of such procedures, or which exceeds Five Million Dollars ($5,000,000.00) for any other type of expenditure”; inserted “an existing health care,” “and/or the change of...a health service” and “an institutional health” in the first sentence of (d); added the last two sentences of (k); and inserted “or ‘department’ ” in (n).

Cross References —

Duty of health care commission to administer licensure and certification of health care facilities and health maintenance organizations, see §41-7-183.

Power of Department of Health to prepare, review and revise State Health Plan, as defined in this section, see §41-7-185.

Limitations on extent of ownership of beds in skilled nursing facility or intermediate care facility, see §41-7-190.

Temporary suspension of issuance of certificates of need for certain facilities defined in this section, see §41-7-191.

Certificate of need for nursing homes, intermediate care facilities, skilled nursing facilities and certain changes of ownership of health care facilities as defined in this section, see §41-7-191.

Certificate of need required for health care facility to establish a home office or branch within existing health care facility, see §41-7-191.

Appeal of final order pertaining to certificate of need for health care facility, see §41-7-201.

Stay of proceedings regarding decision pertaining to certificate of need for a home health agency, see §41-7-202.

Applicability of the Health Care Commission Law to the licensing of hospitals, see §41-9-11.

Issuance of a license to a home health agency upon a determination that the license application is in compliance with §§41-7-173 et seq., see §41-71-7.

Definition of “hospital equipment” for purposes of the Mississippi Hospital Equipment and Facilities Authority Act, see §41-73-5.

Requirement that ambulatory surgical facilities comply with applicable provisions of §§41-7-175 et seq., see41-73-9.

“Freestanding” ambulatory surgical facility, see §41-75-1.

“Hospital affiliated” ambulatory surgical facility, see §41-75-1.

Ambulatory surgical facility owned or operated by entity or person other than hospital or hospital holding company, see §41-75-1.

Federal certification of ambulatory surgical facility owned or operated by hospital or hospital holding, leasing, or management company, see §41-75-1.

Ambulatory surgical facility owned or operated by hospital or hospital holding, leasing, or management company, see §41-75-1.

Applicability of this section’s definition of “person” to provisions relative to the licensing of birthing centers, see §§41-77-1 and41-77-5.

Applicability of the Health Care Commission Law to the licensing of homes for the aged or infirm, see §43-11-9.

Federal Aspects—

Public Health Service Act, see 42 USCS §§ 201 et seq.

Provisions of the Federal Developmentally Disabled Assistance and Bill of Rights Act, see 42 USCS §§ 6000 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Offices of private physicians and dentists are excluded from definition of ambulatory surgical facility by Section 41-7-173(h)(vii) and ambulatory surgical services provided in such offices are not institutional health services. 1994 Miss. Op. Att'y Gen. 924.

Offices of private physicians and dentists in which ambulatory surgical services are provided are not health care facilities and are therefore not subject to certificate of need review. 1994 Miss. Op. Att'y Gen. 924.

An office that is a large, all encompassing, multi-speciality ambulatory surgical facility, is not a private office as intended by the Section 41-7-173. Moreover, a facility is a health care facility inasmuch as it would provide institutional health services. Accordingly, such a facility would not be exempt from the certificate of need requirements set forth in section 41-7-191(1)(d)(xi), despite the fact that it is owned by a physicians’ group. 1996 Miss. Op. Att'y Gen. 802.

The establishment of a Distinct Part, PPS-excluded acute rehabilitation unit in an existing hospital, without the addition of any licensed beds and when the beds at issue will remain licensed as acute care beds and only the Medicare reimbursement schedule will change, is a project that requires certificate of need review and approval if the unit is either (1) a new health care facility, or (2) proposes to offer a new health service which was not previously offered by the hospital. 1999 Miss. Op. Att'y Gen. 309.

A board of trustees of a community hospital may acquire a building and related equipment from a physician with the permission of the owner of the community hospital and lease the building back to the physician, and so long as the center is not a separate identifiable legal entity, a certificate of need therefor is not required. 2000 Miss. Op. Att'y Gen. 17.

A board of trustees of a community hospital may construct and equip a facility suitable for a single service ambulatory surgery facility and may thereafter lease the building and equipment to a physician. 2000 Miss. Op. Att'y Gen. 17.

RESEARCH REFERENCES

ALR.

Liability of health maintenance organizations (HMOs) for negligence of member physicians. 51 A.L.R.5th 271.

JUDICIAL DECISIONS

1. Certificate of need.

Residential nursing facility was allowed to exist without ever having had a certificate of need (CON) issued because the facility existed before CONs were required. No other authority was granted by a CON. Zumwalt v. Jones County Bd. of Supervisors, 19 So.3d 672, 2009 Miss. LEXIS 421 (Miss. 2009).

Revocation of two certificates of need (CONs) for a hospital was not arbitrary and capricious because a hospital did not do anything that qualified as the commencement of construction or a good faith effort to obligate an approved expenditure; very little money had been spent in furtherance of a project, and the evidence showed that the hospital focused its efforts into the relocation of the project, rather than completion of the project contemplated by the CONs. Brentwood Health Mgmt. of Miss., LLC v. Miss. State Dep't of Health, 29 So.3d 775, 2009 Miss. App. LEXIS 261 (Miss. Ct. App. 2009).

Mississippi State Department of Health did not err when it granted a certificate of need to provide magnetic resonance services to an applicant where the evidence showed that the projected unit would have provided for a minimum number of procedures per year based on information in a state health plan, pursuant to Miss. Code Ann. §41-7-193(1); moreover, there was substantial evidence to show that a full range of services was available, and the Department did not base its decision on faulty financial projections. Open MRI, LLC v. Miss. State Dep't of Health, 939 So. 2d 813, 2006 Miss. App. LEXIS 737 (Miss. Ct. App. 2006).

§ 41-7-175. Abolition of Health Care Commission; administration of state health planning and development agency responsibilities by State Department of Health.

The State Department of Health shall be the sole and official agency of the State of Mississippi to administer and supervise, as prescribed by the Legislature, all responsibilities of the state health planning and development agency.

HISTORY: Laws, 1979, ch. 451, § 3; Laws, 1983, ch. 484, § 2; Laws, 1986, ch. 437, § 35; Laws, 1987, ch. 515, § 2, eff from and after July 1, 1987.

Cross References —

Other provisions pertaining to Health Care Commission, see §§41-7-140,41-7-149,41-9-3,41-9-13.

Functions and responsibilities of Health Care Commission, see §41-7-183.

Powers of Health Care Commission, see §41-7-185.

Powers and duties of the commission with respect to home health agencies, see §§41-71-1 et seq.

Federal Aspects—

Public Health Service Act, see 42 USCS §§ 201 et seq.

§ 41-7-177. Repealed.

Repealed by Laws, 1986, ch. 437, § 48, eff from and after July 1, 1986.

[Laws, 1979, ch. 451, § 4; Laws, 1980, ch. 560, § 17; Laws, 1984, ch. 488, § 309; Laws, 1985, ch. 534, § 2]

Editor’s Notes —

Former §41-7-177 provided for the appointment of members of the health care commission, and meetings of commission, and restricted participation by interested members.

§ 41-7-178. Repealed.

Repealed by Laws, 1989, ch. 530, § 5, eff from and after July 1, 1989.

[Laws, 1984, ch. 488, § 310]

Editor’s Notes —

Former §41-7-178 provided for the designation of persons to attend meetings of the Health Care Commission in a nonvoting capacity.

§§ 41-7-179 and 41-7-181. Repealed.

Repealed by Laws, 1986, ch. 437, § 48, eff from and after July 1, 1986.

§41-7-179. [Laws, 1979, ch. 451, § 5(1); Laws, 1980, ch. 493, § 2; Laws, 1983, ch. 536, § 6; Laws, 1985, ch. 534, § 3]

§41-7-181. [Laws, 1979, ch. 451, § 5(2)]

Editor’s Notes —

Former §41-7-179 provided for a director of the Health Care Commission, and specified his powers and duties.

Former §41-7-181 provided for the transfer of employees to the Health Care Commission.

§ 41-7-183. Functions and responsibilities.

The State Department of Health shall have the duty of administering all functions and responsibilities of the designated state health planning and development agency as prescribed by the Legislature, and shall serve as the designated planning agency of the state for purposes of Section 1122 of Public Law 92-603 for the period of time that a contract is in effect between the Secretary and the State Department of Health for such purposes.

HISTORY: Laws, 1979, ch. 451, § 6; Laws, 1980, ch. 493, § 3; Laws, 1981, ch. 484, § 12; Laws, 1983, ch. 484, § 3; Laws, 1985, ch. 534, § 4; Laws, 1986, ch. 437, § 36; Laws, 1987, ch. 515, § 3, eff from and after July 1, 1987.

Cross References —

Responsibility of commission to provide continuing education program for hospital trustees, see §41-7-140.

Other functions of Health Care Commission, see §§41-9-1,41-9-3,41-9-7 through41-9-23,41-9-29 through41-9-35.

§ 41-7-185. Powers.

In carrying out its functions under Section 41-7-171, et seq., the State Department of Health is hereby empowered to:

Make applications for and accept funds from the secretary and other federal and state agencies and to receive and administer such other funds for the planning or provision of health facilities or health care as are appropriate to the accomplishment of the purposes of Section 41-7-171, et seq.; and to contract with the secretary to accept funds to administer planning activities on the community, regional or state level;

With the approval of the secretary, delegate to or contract with any mutually agreeable department, division or agency of the state, the federal government, or any political subdivision of either, or any private corporation, organization or association chartered by the Secretary of State of Mississippi, authority for administering any programs, duties or functions provided for in Section 41-7-171, et seq.;

Prescribe and promulgate such reasonable rules and regulations as may be necessary to the implementation of the purposes of Section 41-7-171, et seq., complying with Section 25-43-1, et seq.;

Require providers of institutional health services and home health-care services provided through a home health agency and any other provider of health care requiring a certificate of need to submit or make available statistical information or such other information requested by the State Department of Health, but not information that would constitute an unwarranted invasion of the personal privacy of any individual person or place the provider in jeopardy of legal action by a third party;

Conduct such other hearing or hearings in addition to those provided for in Section 41-7-197, and enter such further order or orders, and with approval of the Governor enter into such agreement or agreements with the secretary as may be reasonably necessary to the realization by the people of Mississippi of the full benefits of Acts of Congress;

In its discretion, contract with the secretary, or terminate any such contract, for the administration of the provisions, programs, duties and functions of Section 1122 of Public Law 92-603; but the State Department of Health shall not be relieved of matters of accountability, obligation or responsibility that accrued to the department by virtue of prior contracts and/or statutes;

Prepare, review at least triennially, and revise, as necessary, a State Health Plan, as defined in Section 41-7-173, which shall be approved by the Governor before it becomes effective.

HISTORY: Laws, 1979, ch. 451, § 7; Laws, 1980, ch. 493, § 4; Laws, 1981, ch. 484, § 13; Laws, 1983, ch. 484, § 4; Laws, 1985, ch. 534, § 5; Laws, 1986, ch. 437, § 37; Laws, 1987, ch. 515, § 4; Laws, 1989, ch. 530, § 3, eff from and after July 1, 1989.

Editor’s Notes —

Section 25-43-1.101(3) provides that any reference to Section 25-43-1 et seq. shall be deemed to mean and refer to Section 25-43-1.101 et seq.

Laws of 1989, ch. 530, § 4, effective from and after July 1, 1989, provides as follows:

“SECTION 4. The State Department of Health shall conduct an in-depth study of the public health districts in the State of Mississippi and restructure these districts as is necessary to more accurately reflect the health care needs of the state, taking into account current population, demographics, trade centers, residential centers and communities of interest. The State Board of Health shall make a report on the restructure of said public health districts to the 1990 Regular Session of the Legislature.”

Sections 41-7-177 through 41-7-181 and 41-7-199 referred to in the first paragraph are repealed by Laws, 1983, ch. 484, § 11, effective from and after April 9, 1983; Laws, 1986, ch. 437, § 48, effective from and after July 1, 1986; and Laws, 1989, ch. 530, § 5, effective from and after July 1, 1989.

Cross References —

Statewide health coordinating council, see §41-7-173.

Retention of liability on delegation of certain duties, see §41-7-197.

Licenses which may be issued by commission to insure safe, sanitary, and reasonably adequate care and treatment of individuals in hospitals, see §§41-9-1,41-9-3,41-9-7 through41-9-23,41-9-29 through41-9-35.

Use of statistical data compiled pursuant to §§41-7-171 et seq., see §§41-9-23,41-71-19.

OPINIONS OF THE ATTORNEY GENERAL

The Governor does not have authority to amend the State Health Plan, as opposed to simply approving or disapproving it. 1999 Miss. Op. Att'y Gen. 275.

JUDICIAL DECISIONS

1. Rule-making authority.

Pursuant to the plain language of Miss. Code Ann. §41-7-195, the Mississippi State Department of Health did not have the authority to grant an applicant an extension of its Certificate of Need (CON) after the CON had expired, nor the authority to promulgate a rule allowing holders of expired CONS the right to request an extension of their CONs. Dialysis Solution, LLC v. Miss. State Dep't of Health, 31 So.3d 1204, 2010 Miss. LEXIS 81 (Miss. 2010).

§ 41-7-187. Certificate of need program.

The State Department of Health is hereby authorized to develop and implement a statewide health certificate of need program. The State Department of Health is authorized and empowered to adopt by rule and regulation:

Criteria, standards and plans to be used in evaluating applications for certificates of need;

Effective standards to determine when a person, facility or organization must apply for a certificate of need;

Standards to determine when a change of ownership has occurred or will occur; and

Review procedures for conducting reviews of applications for certificates of need.

HISTORY: Laws, 1979, ch. 451, § 8; Laws, 1986, ch. 437, § 38; Laws, 1987, ch. 515, § 5, eff from and after July 1, 1987.

Editor’s Notes —

Laws of 2006, ch. 513, § 2 provides as follows:

“SECTION 2. The State Board of Health shall, not later than October 15, 2006, develop and make a report to the Chairmen of the Public Health and Welfare Committees of the Senate and House of Representatives, the Lieutenant Governor, the Speaker of the House of Representatives and the Governor, including any recommended legislation, on the following policies and procedures relating to the State Health Plan and the Health Care Facility Certificate of Need Law:

“(a) Review the procedures under which health care facility certificates of need are requested and issued or denied. Make reasonable recommendations (i) to reduce the time periods required for certificate of need review and appeal the refromwithout compromising the fairness of the decision; (ii) to exempt additional nonsubstantive transactions by health care facilities from the certificate of need requirement; and (iii) to authorize additional transactions by health care facilities which may receive an expedited review.

“(b) Verify the fairness of how the annual State Health Plan considers changing population projections and how residents choose health care services.

“(c) Verify the fairness of how the annual State Health Plan considers that residents travel to neighboring states to receive health care services.

“(d) Verify the fairness of the different planning districts applicable to each type of health care certificate of need activity by a facility. For example, General Hospital Service Areas compared to Long-Term Care Planning Districts, compared to Ambulatory Surgical Planning Areas, compared to Home Health Agency Planning Areas, compared to Perinatal Planning Areas, compared to Adolescent and Adult Psychiatric Facility Planning Areas, etc.

“(e) Verify the fairness and appropriateness of the formulas used to determine the need for health care services under the certificate of need law.

“(f) Review the existence of licensed beds listed in the Directory of Licensed Health Care Facilities which are unused and available for transfer to another facility or location under the certificate of need process, and the effect of these unused beds on the State Health Plan.”

OPINIONS OF THE ATTORNEY GENERAL

Legislation (Laws, 1982, ch. 482, § 9) which was never codified and which limits the fee for certificates of need applications is valid and binding upon the Department of Health. 2006 Miss. Op. Att'y Gen. 385.

JUDICIAL DECISIONS

1. In general.

2. Rule-making authority.

1. In general.

Decision of Mississippi State Department of Health to disapprove unsuccessful applicant’s application for certificate of need for construction of 60-bed nursing home and to approve competing application was supported by substantial evidence and was neither arbitrary nor capricious, despite contention that unsuccessful application reflected lower expenditures and costs; by state law, Department could grant only one of competing applications in county, and State Health Officer conducted comparative analysis of both applications and determined successful application to be superior. Cain v. Mississippi State Dep't of Health, 666 So. 2d 506, 1995 Miss. LEXIS 621 (Miss. 1995).

Mississippi State Department of Health has authority to develop and establish criteria for granting certificates of need for construction of nursing homes and to objectively review information submitted in applications. Cain v. Mississippi State Dep't of Health, 666 So. 2d 506, 1995 Miss. LEXIS 621 (Miss. 1995).

Read together, §§41-7-187 and41-7-189(2) authorize the Department of Health both to establish criteria for certificates of need and to review objectively information tendered in applications. The Department’s power is limited only in that its action may not be arbitrary and capricious. Mississippi State Dep't of Health v. Southwest Mississippi Regional Medical Center, 580 So. 2d 1238, 1991 Miss. LEXIS 300 (Miss. 1991).

The State Health Officer did not act arbitrarily and capriciously when he denied an applicant’s request for a certificate of need to offer cardiac catheterization services merely because he measured the population criteria using patient origin reports; while this method of population analysis may be imperfect, it does not approach an arbitrary or capricious action. Mississippi State Dep't of Health v. Southwest Mississippi Regional Medical Center, 580 So. 2d 1238, 1991 Miss. LEXIS 300 (Miss. 1991).

2. Rule-making authority.

Pursuant to the plain language of Miss. Code Ann. §41-7-195, the Mississippi State Department of Health did not have the authority to grant an applicant an extension of its Certificate of Need (CON) after the CON had expired, nor the authority to promulgate a rule allowing holders of expired CONS the right to request an extension of their CONs. Dialysis Solution, LLC v. Miss. State Dep't of Health, 31 So.3d 1204, 2010 Miss. LEXIS 81 (Miss. 2010).

§ 41-7-188. Certificate of need program; assessment of fees for reviewing applications; revenue from fees to be deposited in special funds for certain uses by State Department of Health.

  1. The State Department of Health is hereby authorized and empowered to assess fees for reviewing applications for certificates of need. The State Department of Health shall promulgate such rules and regulations as are necessary to effectuate the intent of this section in keeping with the standards hereinbelow:
    1. The fees assessed shall be uniform to all applicants.
    2. The fees assessed shall be nonrefundable.
    3. The fee shall be .5 of 1% of the amount of a proposed capital expenditure.
    4. The minimum fee shall not be less than Five Hundred Dollars ($500.00) regardless of the amount of the proposed capital expenditure, and the maximum fee permitted shall not exceed Twenty-five Thousand Dollars ($25,000.00), regardless of category.
    5. No application shall be deemed complete for the review process until such required fee is received by the State Department of Health.
    6. The required fee shall be paid to the State Department of Health and may be paid by check, draft or money order.
    7. There shall be no filing fee requirement for any application submitted by an agency, department, institution or facility which is operated, owned by and/or controlled by the State of Mississippi and which received operating and/or capital expenditure funds solely by appropriations from the Legislature of the State.
    8. There shall be no filing fee requirement for any health-care facility submitting an application for repairs or renovations determined by the State Department of Health in writing, to be necessary in order to avoid revocation of license and/or loss of certification for participation in the Medicaid and/or Medicare programs. Any proposed expenditure in excess of the amount determined by the State Department of Health to be necessary to accomplish the stated purposes shall be subject to the fee requirements of this section.
  2. The revenue derived from the fees imposed in subsection (1) of this section shall be deposited by the State Department of Health in a special fund, hereby created in the State Treasury, which is earmarked for use by the State Department of Health in conducting its health planning and certificate of need review activities. It is the intent of the Legislature that the health planning and certificate of need programs be continued for the protection of the individuals within the state requiring health care.
  3. The State Department of Health is authorized and empowered to assess fees for reviewing applications for certificates of authority for health maintenance organizations and for the issuance and renewal of such certificates of authority. The fees assessed shall be uniform to all applicants and to all holders of certificates of authority, and shall be nonrefundable. The fees for applications, original certificates of authority and renewals of certificates of authority shall not exceed Five Thousand Dollars ($5,000.00) each. The revenues derived from the fees assessed under this subsection shall be deposited by the department in a special fund hereby created in the State Treasury, which is earmarked for the use of the department in its regulation of the operation of health maintenance organizations.

HISTORY: Laws, 1982, ch. 482, § 9; Laws, 1984, ch. 306; 1986, ch. 437, § 50; Laws, 1986, ch. 500, § 33; Laws, 1987, ch. 515, § 10 effective from and after July 1, 1987.

Editor’s Notes —

This section was codified at the direction of the Co-Counsel of the Joint Legislative Committee on Compilation, Revision and Publication of Legislation.

§ 41-7-189. Certificate of need program; publication of program description.

  1. Prior to review of new institutional health services or other proposals requiring a certificate of need, the State Department of Health shall disseminate to all health-care facilities and health maintenance organizations within the state, and shall publish in one or more newspapers of general circulation in the state, a description of the scope of coverage of the commission’s certificate of need program. Whenever the scope of such coverage is revised, the State Department of Health shall disseminate and publish a revised description thereof in like manner.
  2. Selected statistical data and information obtained by the State Department of Health as the licensing agency for health-care facilities requiring licensure by the state and as the agency which provides certification for the Medicaid and/or Medicare program, may be utilized by the department in performing the statutory duties imposed upon it by any law over which it has authority, and regulations necessarily promulgated for such facilities to participate in the Medicaid and/or Medicare program; provided, however, that the names of individual patients shall not be revealed except in hearings or judicial proceedings regarding questions of licensure.

HISTORY: Laws, 1979, ch. 451, § 10; Laws, 1982, ch. 482, § 2; Laws, 1985, ch. 534, § 6; Laws, 1986, ch. 437, § 39, eff from and after July 1, 1986.

Editor’s Notes —

Laws of 1986, ch. 437, § 51, eff from and after July 1, 1986, amended Laws of 1985, ch. 534, § 15, by deleting the provision which would have repealed this section as of July 1, 1986.

JUDICIAL DECISIONS

1. In general.

Decision of Mississippi State Department of Health to disapprove unsuccessful applicant’s application for certificate of need for construction of 60-bed nursing home and to approve competing application was supported by substantial evidence and was neither arbitrary nor capricious, despite contention that unsuccessful application reflected lower expenditures and costs; by state law, Department could grant only one of competing applications in county, and State Health Officer conducted comparative analysis of both applications and determined successful application to be superior. Cain v. Mississippi State Dep't of Health, 666 So. 2d 506, 1995 Miss. LEXIS 621 (Miss. 1995).

Mississippi State Department of Health has authority to develop and establish criteria for granting certificates of need for construction of nursing homes and to objectively review information submitted in applications. Cain v. Mississippi State Dep't of Health, 666 So. 2d 506, 1995 Miss. LEXIS 621 (Miss. 1995).

Read together, §§41-7-187 and41-7-189(2) authorize the Department of Health both to establish criteria for certificates of need and to review objectively information tendered in applications. The Department’s power is limited only in that its action may not be arbitrary and capricious. Mississippi State Dep't of Health v. Southwest Mississippi Regional Medical Center, 580 So. 2d 1238, 1991 Miss. LEXIS 300 (Miss. 1991).

The State Health Officer did not act arbitrarily and capriciously when he denied an applicant’s request for a certificate of need to offer cardiac catheterization services merely because he measured the population criteria using patient origin reports; while this method of population analysis may be imperfect, it does not approach an arbitrary or capricious action. Mississippi State Dep't of Health v. Southwest Mississippi Regional Medical Center, 580 So. 2d 1238, 1991 Miss. LEXIS 300 (Miss. 1991).

§ 41-7-190. Certificate of need program; limitations on ownership of beds.

No corporation, foreign or domestic, partnership, individual(s) or association of such entities or of persons whatsoever, or any combination thereof, shall own, possess or exercise control over, in any manner, more than twenty percent (20%) of the beds in health-care facilities defined in Section 41-7-173(h)(iv) and (vi) in the defined health service area of the State of Mississippi.

Health-care facilities owned, operated or under control of the United States government, the state government or political subdivision of either are excluded from the limitation of this section.

HISTORY: Laws, 1984, ch. 492, § 1; Laws, 1985, ch. 534, § 7, eff from and after July 1, 1985.

Editor’s Notes —

Laws of 1986, ch. 437, §§ 1, 2, eff from and after July 1, 1986, provide as follows:

“SECTION 1. This act shall be known and may be cited as the Mississippi Health Services Reorganization Act of 1986.

“SECTION 2. All records, property and unexpended balances of appropriations, allocations or other funds of any agency abolished or affected by this act shall be transferred to the appropriate agency according to the merger of their functions under this act.”

For a list of Code sections affected by Laws of 1986, Chapter 437, see the Statutory Tables Volume (2002), Table B.

Laws of 1986, ch. 437, § 51, eff from and after July 1, 1986, amended Laws of 1985, ch. 534, § 15, by deleting the provision which would have repealed this section as of July 1, 1986.

§ 41-7-191. Certificate of need; activities for which certificate is required.

  1. No person shall engage in any of the following activities without obtaining the required certificate of need:
    1. The construction, development or other establishment of a new health care facility, which establishment shall include the reopening of a health care facility that has ceased to operate for a period of sixty (60) months or more;
    2. The relocation of a health care facility or portion thereof, or major medical equipment, unless such relocation of a health care facility or portion thereof, or major medical equipment, which does not involve a capital expenditure by or on behalf of a health care facility, is within five thousand two hundred eighty (5,280) feet from the main entrance of the health care facility;
    3. Any change in the existing bed complement of any health care facility through the addition or conversion of any beds or the alteration, modernizing or refurbishing of any unit or department in which the beds may be located; however, if a health care facility has voluntarily delicensed some of its existing bed complement, it may later relicense some or all of its delicensed beds without the necessity of having to acquire a certificate of need. The State Department of Health shall maintain a record of the delicensing health care facility and its voluntarily delicensed beds and continue counting those beds as part of the state’s total bed count for health care planning purposes. If a health care facility that has voluntarily delicensed some of its beds later desires to relicense some or all of its voluntarily delicensed beds, it shall notify the State Department of Health of its intent to increase the number of its licensed beds. The State Department of Health shall survey the health care facility within thirty (30) days of that notice and, if appropriate, issue the health care facility a new license reflecting the new contingent of beds. However, in no event may a health care facility that has voluntarily delicensed some of its beds be reissued a license to operate beds in excess of its bed count before the voluntary delicensure of some of its beds without seeking certificate of need approval;
    4. Offering of the following health services if those services have not been provided on a regular basis by the proposed provider of such services within the period of twelve (12) months prior to the time such services would be offered:
      1. Open-heart surgery services;
      2. Cardiac catheterization services;
      3. Comprehensive inpatient rehabilitation services;
      4. Licensed psychiatric services;
      5. Licensed chemical dependency services;
      6. Radiation therapy services;
      7. Diagnostic imaging services of an invasive nature, i.e. invasive digital angiography;
      8. Nursing home care as defined in subparagraphs (iv), (vi) and (viii) of Section 41-7-173(h);
      9. Home health services;
      10. Swing-bed services;
      11. Ambulatory surgical services;
      12. Magnetic resonance imaging services;
      13. [Deleted]
      14. Long-term care hospital services;
      15. Positron emission tomography (PET) services;
    5. The relocation of one or more health services from one physical facility or site to another physical facility or site, unless such relocation, which does not involve a capital expenditure by or on behalf of a health care facility, (i) is to a physical facility or site within five thousand two hundred eighty (5,280) feet from the main entrance of the health care facility where the health care service is located, or (ii) is the result of an order of a court of appropriate jurisdiction or a result of pending litigation in such court, or by order of the State Department of Health, or by order of any other agency or legal entity of the state, the federal government, or any political subdivision of either, whose order is also approved by the State Department of Health;
    6. The acquisition or otherwise control of any major medical equipment for the provision of medical services; however, (i) the acquisition of any major medical equipment used only for research purposes, and (ii) the acquisition of major medical equipment to replace medical equipment for which a facility is already providing medical services and for which the State Department of Health has been notified before the date of such acquisition shall be exempt from this paragraph; an acquisition for less than fair market value must be reviewed, if the acquisition at fair market value would be subject to review;
    7. Changes of ownership of existing health care facilities in which a notice of intent is not filed with the State Department of Health at least thirty (30) days prior to the date such change of ownership occurs, or a change in services or bed capacity as prescribed in paragraph (c) or (d) of this subsection as a result of the change of ownership; an acquisition for less than fair market value must be reviewed, if the acquisition at fair market value would be subject to review;
    8. The change of ownership of any health care facility defined in subparagraphs (iv), (vi) and (viii) of Section 41-7-173(h), in which a notice of intent as described in paragraph (g) has not been filed and if the Executive Director, Division of Medicaid, Office of the Governor, has not certified in writing that there will be no increase in allowable costs to Medicaid from revaluation of the assets or from increased interest and depreciation as a result of the proposed change of ownership;
    9. Any activity described in paragraphs (a) through (h) if undertaken by any person if that same activity would require certificate of need approval if undertaken by a health care facility;
    10. Any capital expenditure or deferred capital expenditure by or on behalf of a health care facility not covered by paragraphs (a) through (h);
    11. The contracting of a health care facility as defined in subparagraphs (i) through (viii) of Section 41-7-173(h) to establish a home office, subunit, or branch office in the space operated as a health care facility through a formal arrangement with an existing health care facility as defined in subparagraph (ix) of Section 41-7-173(h);
    12. The replacement or relocation of a health care facility designated as a critical access hospital shall be exempt from subsection (1) of this section so long as the critical access hospital complies with all applicable federal law and regulations regarding such replacement or relocation;
    13. Reopening a health care facility that has ceased to operate for a period of sixty (60) months or more, which reopening requires a certificate of need for the establishment of a new health care facility.
  2. The State Department of Health shall not grant approval for or issue a certificate of need to any person proposing the new construction of, addition to, or expansion of any health care facility defined in subparagraphs (iv) (skilled nursing facility) and (vi) (intermediate care facility) of Section 41-7-173(h) or the conversion of vacant hospital beds to provide skilled or intermediate nursing home care, except as hereinafter authorized:
    1. The department may issue a certificate of need to any person proposing the new construction of any health care facility defined in subparagraphs (iv) and (vi) of Section 41-7-173(h) as part of a life care retirement facility, in any county bordering on the Gulf of Mexico in which is located a National Aeronautics and Space Administration facility, not to exceed forty (40) beds. From and after July 1, 1999, there shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the beds in the health care facility that were authorized under this paragraph (a).
    2. The department may issue certificates of need in Harrison County to provide skilled nursing home care for Alzheimer’s disease patients and other patients, not to exceed one hundred fifty (150) beds. From and after July 1, 1999, there shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the beds in the nursing facilities that were authorized under this paragraph (b).
    3. The department may issue a certificate of need for the addition to or expansion of any skilled nursing facility that is part of an existing continuing care retirement community located in Madison County, provided that the recipient of the certificate of need agrees in writing that the skilled nursing facility will not at any time participate in the Medicaid program (Section 43-13-101 et seq.) or admit or keep any patients in the skilled nursing facility who are participating in the Medicaid program. This written agreement by the recipient of the certificate of need shall be fully binding on any subsequent owner of the skilled nursing facility, if the ownership of the facility is transferred at any time after the issuance of the certificate of need. Agreement that the skilled nursing facility will not participate in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this paragraph (c), and if such skilled nursing facility at any time after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program or admits or keeps any patients in the facility who are participating in the Medicaid program, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the skilled nursing facility, at the time that the department determines, after a hearing complying with due process, that the facility has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this paragraph and in the written agreement by the recipient of the certificate of need. The total number of beds that may be authorized under the authority of this paragraph (c) shall not exceed sixty (60) beds.
    4. The State Department of Health may issue a certificate of need to any hospital located in DeSoto County for the new construction of a skilled nursing facility, not to exceed one hundred twenty (120) beds, in DeSoto County. From and after July 1, 1999, there shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the beds in the nursing facility that were authorized under this paragraph (d).
    5. The State Department of Health may issue a certificate of need for the construction of a nursing facility or the conversion of beds to nursing facility beds at a personal care facility for the elderly in Lowndes County that is owned and operated by a Mississippi nonprofit corporation, not to exceed sixty (60) beds. From and after July 1, 1999, there shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the beds in the nursing facility that were authorized under this paragraph (e).
    6. The State Department of Health may issue a certificate of need for conversion of a county hospital facility in Itawamba County to a nursing facility, not to exceed sixty (60) beds, including any necessary construction, renovation or expansion. From and after July 1, 1999, there shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the beds in the nursing facility that were authorized under this paragraph (f).
    7. The State Department of Health may issue a certificate of need for the construction or expansion of nursing facility beds or the conversion of other beds to nursing facility beds in either Hinds, Madison or Rankin County, not to exceed sixty (60) beds. From and after July 1, 1999, there shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the beds in the nursing facility that were authorized under this paragraph (g).
    8. The State Department of Health may issue a certificate of need for the construction or expansion of nursing facility beds or the conversion of other beds to nursing facility beds in either Hancock, Harrison or Jackson County, not to exceed sixty (60) beds. From and after July 1, 1999, there shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the beds in the facility that were authorized under this paragraph (h).
    9. The department may issue a certificate of need for the new construction of a skilled nursing facility in Leake County, provided that the recipient of the certificate of need agrees in writing that the skilled nursing facility will not at any time participate in the Medicaid program (Section 43-13-101 et seq.) or admit or keep any patients in the skilled nursing facility who are participating in the Medicaid program. This written agreement by the recipient of the certificate of need shall be fully binding on any subsequent owner of the skilled nursing facility, if the ownership of the facility is transferred at any time after the issuance of the certificate of need. Agreement that the skilled nursing facility will not participate in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this paragraph (i), and if such skilled nursing facility at any time after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program or admits or keeps any patients in the facility who are participating in the Medicaid program, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the skilled nursing facility, at the time that the department determines, after a hearing complying with due process, that the facility has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this paragraph and in the written agreement by the recipient of the certificate of need. The provision of Section 41-7-193(1) regarding substantial compliance of the projection of need as reported in the current State Health Plan is waived for the purposes of this paragraph. The total number of nursing facility beds that may be authorized by any certificate of need issued under this paragraph (i) shall not exceed sixty (60) beds. If the skilled nursing facility authorized by the certificate of need issued under this paragraph is not constructed and fully operational within eighteen (18) months after July 1, 1994, the State Department of Health, after a hearing complying with due process, shall revoke the certificate of need, if it is still outstanding, and shall not issue a license for the skilled nursing facility at any time after the expiration of the eighteen-month period.
    10. The department may issue certificates of need to allow any existing freestanding long-term care facility in Tishomingo County and Hancock County that on July 1, 1995, is licensed with fewer than sixty (60) beds. For the purposes of this paragraph (j), the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan are waived. From and after July 1, 1999, there shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the beds in the long-term care facilities that were authorized under this paragraph (j).
    11. The department may issue a certificate of need for the construction of a nursing facility at a continuing care retirement community in Lowndes County. The total number of beds that may be authorized under the authority of this paragraph (k) shall not exceed sixty (60) beds. From and after July 1, 2001, the prohibition on the facility participating in the Medicaid program (Section 43-13-101 et seq.) that was a condition of issuance of the certificate of need under this paragraph (k) shall be revised as follows: The nursing facility may participate in the Medicaid program from and after July 1, 2001, if the owner of the facility on July 1, 2001, agrees in writing that no more than thirty (30) of the beds at the facility will be certified for participation in the Medicaid program, and that no claim will be submitted for Medicaid reimbursement for more than thirty (30) patients in the facility in any month or for any patient in the facility who is in a bed that is not Medicaid-certified. This written agreement by the owner of the facility shall be a condition of licensure of the facility, and the agreement shall be fully binding on any subsequent owner of the facility if the ownership of the facility is transferred at any time after July 1, 2001. After this written agreement is executed, the Division of Medicaid and the State Department of Health shall not certify more than thirty (30) of the beds in the facility for participation in the Medicaid program. If the facility violates the terms of the written agreement by admitting or keeping in the facility on a regular or continuing basis more than thirty (30) patients who are participating in the Medicaid program, the State Department of Health shall revoke the license of the facility, at the time that the department determines, after a hearing complying with due process, that the facility has violated the written agreement.
    12. Provided that funds are specifically appropriated therefor by the Legislature, the department may issue a certificate of need to a rehabilitation hospital in Hinds County for the construction of a sixty-bed long-term care nursing facility dedicated to the care and treatment of persons with severe disabilities including persons with spinal cord and closed-head injuries and ventilator dependent patients. The provisions of Section 41-7-193(1) regarding substantial compliance with projection of need as reported in the current State Health Plan are waived for the purpose of this paragraph.
    13. The State Department of Health may issue a certificate of need to a county-owned hospital in the Second Judicial District of Panola County for the conversion of not more than seventy-two (72) hospital beds to nursing facility beds, provided that the recipient of the certificate of need agrees in writing that none of the beds at the nursing facility will be certified for participation in the Medicaid program (Section 43-13-101 et seq.), and that no claim will be submitted for Medicaid reimbursement in the nursing facility in any day or for any patient in the nursing facility. This written agreement by the recipient of the certificate of need shall be a condition of the issuance of the certificate of need under this paragraph, and the agreement shall be fully binding on any subsequent owner of the nursing facility if the ownership of the nursing facility is transferred at any time after the issuance of the certificate of need. After this written agreement is executed, the Division of Medicaid and the State Department of Health shall not certify any of the beds in the nursing facility for participation in the Medicaid program. If the nursing facility violates the terms of the written agreement by admitting or keeping in the nursing facility on a regular or continuing basis any patients who are participating in the Medicaid program, the State Department of Health shall revoke the license of the nursing facility, at the time that the department determines, after a hearing complying with due process, that the nursing facility has violated the condition upon which the certificate of need was issued, as provided in this paragraph and in the written agreement. If the certificate of need authorized under this paragraph is not issued within twelve (12) months after July 1, 2001, the department shall deny the application for the certificate of need and shall not issue the certificate of need at any time after the twelve-month period, unless the issuance is contested. If the certificate of need is issued and substantial construction of the nursing facility beds has not commenced within eighteen (18) months after July 1, 2001, the State Department of Health, after a hearing complying with due process, shall revoke the certificate of need if it is still outstanding, and the department shall not issue a license for the nursing facility at any time after the eighteen-month period. However, if the issuance of the certificate of need is contested, the department shall require substantial construction of the nursing facility beds within six (6) months after final adjudication on the issuance of the certificate of need.
    14. The department may issue a certificate of need for the new construction, addition or conversion of skilled nursing facility beds in Madison County, provided that the recipient of the certificate of need agrees in writing that the skilled nursing facility will not at any time participate in the Medicaid program (Section 43-13-101 et seq.) or admit or keep any patients in the skilled nursing facility who are participating in the Medicaid program. This written agreement by the recipient of the certificate of need shall be fully binding on any subsequent owner of the skilled nursing facility, if the ownership of the facility is transferred at any time after the issuance of the certificate of need. Agreement that the skilled nursing facility will not participate in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this paragraph (n), and if such skilled nursing facility at any time after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program or admits or keeps any patients in the facility who are participating in the Medicaid program, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the skilled nursing facility, at the time that the department determines, after a hearing complying with due process, that the facility has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this paragraph and in the written agreement by the recipient of the certificate of need. The total number of nursing facility beds that may be authorized by any certificate of need issued under this paragraph (n) shall not exceed sixty (60) beds. If the certificate of need authorized under this paragraph is not issued within twelve (12) months after July 1, 1998, the department shall deny the application for the certificate of need and shall not issue the certificate of need at any time after the twelve-month period, unless the issuance is contested. If the certificate of need is issued and substantial construction of the nursing facility beds has not commenced within eighteen (18) months after July 1, 1998, the State Department of Health, after a hearing complying with due process, shall revoke the certificate of need if it is still outstanding, and the department shall not issue a license for the nursing facility at any time after the eighteen-month period. However, if the issuance of the certificate of need is contested, the department shall require substantial construction of the nursing facility beds within six (6) months after final adjudication on the issuance of the certificate of need.
    15. The department may issue a certificate of need for the new construction, addition or conversion of skilled nursing facility beds in Leake County, provided that the recipient of the certificate of need agrees in writing that the skilled nursing facility will not at any time participate in the Medicaid program (Section 43-13-101 et seq.) or admit or keep any patients in the skilled nursing facility who are participating in the Medicaid program. This written agreement by the recipient of the certificate of need shall be fully binding on any subsequent owner of the skilled nursing facility, if the ownership of the facility is transferred at any time after the issuance of the certificate of need. Agreement that the skilled nursing facility will not participate in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this paragraph (o), and if such skilled nursing facility at any time after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program or admits or keeps any patients in the facility who are participating in the Medicaid program, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the skilled nursing facility, at the time that the department determines, after a hearing complying with due process, that the facility has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this paragraph and in the written agreement by the recipient of the certificate of need. The total number of nursing facility beds that may be authorized by any certificate of need issued under this paragraph (o) shall not exceed sixty (60) beds. If the certificate of need authorized under this paragraph is not issued within twelve (12) months after July 1, 2001, the department shall deny the application for the certificate of need and shall not issue the certificate of need at any time after the twelve-month period, unless the issuance is contested. If the certificate of need is issued and substantial construction of the nursing facility beds has not commenced within eighteen (18) months after July 1, 2001, the State Department of Health, after a hearing complying with due process, shall revoke the certificate of need if it is still outstanding, and the department shall not issue a license for the nursing facility at any time after the eighteen-month period. However, if the issuance of the certificate of need is contested, the department shall require substantial construction of the nursing facility beds within six (6) months after final adjudication on the issuance of the certificate of need.
    16. The department may issue a certificate of need for the construction of a municipally owned nursing facility within the Town of Belmont in Tishomingo County, not to exceed sixty (60) beds, provided that the recipient of the certificate of need agrees in writing that the skilled nursing facility will not at any time participate in the Medicaid program (Section 43-13-101 et seq.) or admit or keep any patients in the skilled nursing facility who are participating in the Medicaid program. This written agreement by the recipient of the certificate of need shall be fully binding on any subsequent owner of the skilled nursing facility, if the ownership of the facility is transferred at any time after the issuance of the certificate of need. Agreement that the skilled nursing facility will not participate in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this paragraph (p), and if such skilled nursing facility at any time after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program or admits or keeps any patients in the facility who are participating in the Medicaid program, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the skilled nursing facility, at the time that the department determines, after a hearing complying with due process, that the facility has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this paragraph and in the written agreement by the recipient of the certificate of need. The provision of Section 41-7-193(1) regarding substantial compliance of the projection of need as reported in the current State Health Plan is waived for the purposes of this paragraph. If the certificate of need authorized under this paragraph is not issued within twelve (12) months after July 1, 1998, the department shall deny the application for the certificate of need and shall not issue the certificate of need at any time after the twelve-month period, unless the issuance is contested. If the certificate of need is issued and substantial construction of the nursing facility beds has not commenced within eighteen (18) months after July 1, 1998, the State Department of Health, after a hearing complying with due process, shall revoke the certificate of need if it is still outstanding, and the department shall not issue a license for the nursing facility at any time after the eighteen-month period. However, if the issuance of the certificate of need is contested, the department shall require substantial construction of the nursing facility beds within six (6) months after final adjudication on the issuance of the certificate of need.
      1. Beginning on July 1, 1999, the State Department of Health shall issue certificates of need during each of the next four (4) fiscal years for the construction or expansion of nursing facility beds or the conversion of other beds to nursing facility beds in each county in the state having a need for fifty (50) or more additional nursing facility beds, as shown in the fiscal year 1999 State Health Plan, in the manner provided in this paragraph (q). The total number of nursing facility beds that may be authorized by any certificate of need authorized under this paragraph (q) shall not exceed sixty (60) beds.
      2. Subject to the provisions of subparagraph (v), during each of the next four (4) fiscal years, the department shall issue six (6) certificates of need for new nursing facility beds, as follows: During fiscal years 2000, 2001 and 2002, one (1) certificate of need shall be issued for new nursing facility beds in the county in each of the four (4) Long-Term Care Planning Districts designated in the fiscal year 1999 State Health Plan that has the highest need in the district for those beds; and two (2) certificates of need shall be issued for new nursing facility beds in the two (2) counties from the state at large that have the highest need in the state for those beds, when considering the need on a statewide basis and without regard to the Long-Term Care Planning Districts in which the counties are located. During fiscal year 2003, one (1) certificate of need shall be issued for new nursing facility beds in any county having a need for fifty (50) or more additional nursing facility beds, as shown in the fiscal year 1999 State Health Plan, that has not received a certificate of need under this paragraph (q) during the three (3) previous fiscal years. During fiscal year 2000, in addition to the six (6) certificates of need authorized in this subparagraph, the department also shall issue a certificate of need for new nursing facility beds in Amite County and a certificate of need for new nursing facility beds in Carroll County.
      3. Subject to the provisions of subparagraph (v), the certificate of need issued under subparagraph (ii) for nursing facility beds in each Long-Term Care Planning District during each fiscal year shall first be available for nursing facility beds in the county in the district having the highest need for those beds, as shown in the fiscal year 1999 State Health Plan. If there are no applications for a certificate of need for nursing facility beds in the county having the highest need for those beds by the date specified by the department, then the certificate of need shall be available for nursing facility beds in other counties in the district in descending order of the need for those beds, from the county with the second highest need to the county with the lowest need, until an application is received for nursing facility beds in an eligible county in the district.
      4. Subject to the provisions of subparagraph (v), the certificate of need issued under subparagraph (ii) for nursing facility beds in the two (2) counties from the state at large during each fiscal year shall first be available for nursing facility beds in the two (2) counties that have the highest need in the state for those beds, as shown in the fiscal year 1999 State Health Plan, when considering the need on a statewide basis and without regard to the Long-Term Care Planning Districts in which the counties are located. If there are no applications for a certificate of need for nursing facility beds in either of the two (2) counties having the highest need for those beds on a statewide basis by the date specified by the department, then the certificate of need shall be available for nursing facility beds in other counties from the state at large in descending order of the need for those beds on a statewide basis, from the county with the second highest need to the county with the lowest need, until an application is received for nursing facility beds in an eligible county from the state at large.
      5. If a certificate of need is authorized to be issued under this paragraph (q) for nursing facility beds in a county on the basis of the need in the Long-Term Care Planning District during any fiscal year of the four-year period, a certificate of need shall not also be available under this paragraph (q) for additional nursing facility beds in that county on the basis of the need in the state at large, and that county shall be excluded in determining which counties have the highest need for nursing facility beds in the state at large for that fiscal year. After a certificate of need has been issued under this paragraph (q) for nursing facility beds in a county during any fiscal year of the four-year period, a certificate of need shall not be available again under this paragraph (q) for additional nursing facility beds in that county during the four-year period, and that county shall be excluded in determining which counties have the highest need for nursing facility beds in succeeding fiscal years.
      6. If more than one (1) application is made for a certificate of need for nursing home facility beds available under this paragraph (q), in Yalobusha, Newton or Tallahatchie County, and one (1) of the applicants is a county-owned hospital located in the county where the nursing facility beds are available, the department shall give priority to the county-owned hospital in granting the certificate of need if the following conditions are met:

      1. The county-owned hospital fully meets all applicable criteria and standards required to obtain a certificate of need for the nursing facility beds; and

      2. The county-owned hospital’s qualifications for the certificate of need, as shown in its application and as determined by the department, are at least equal to the qualifications of the other applicants for the certificate of need.

      1. Beginning on July 1, 1999, the State Department of Health shall issue certificates of need during each of the next two (2) fiscal years for the construction or expansion of nursing facility beds or the conversion of other beds to nursing facility beds in each of the four (4) Long-Term Care Planning Districts designated in the fiscal year 1999 State Health Plan, to provide care exclusively to patients with Alzheimer’s disease.
      2. Not more than twenty (20) beds may be authorized by any certificate of need issued under this paragraph (r), and not more than a total of sixty (60) beds may be authorized in any Long-Term Care Planning District by all certificates of need issued under this paragraph (r). However, the total number of beds that may be authorized by all certificates of need issued under this paragraph (r) during any fiscal year shall not exceed one hundred twenty (120) beds, and the total number of beds that may be authorized in any Long-Term Care Planning District during any fiscal year shall not exceed forty (40) beds. Of the certificates of need that are issued for each Long-Term Care Planning District during the next two (2) fiscal years, at least one (1) shall be issued for beds in the northern part of the district, at least one (1) shall be issued for beds in the central part of the district, and at least one (1) shall be issued for beds in the southern part of the district.
      3. The State Department of Health, in consultation with the Department of Mental Health and the Division of Medicaid, shall develop and prescribe the staffing levels, space requirements and other standards and requirements that must be met with regard to the nursing facility beds authorized under this paragraph (r) to provide care exclusively to patients with Alzheimer’s disease.
    17. The State Department of Health may issue a certificate of need to a nonprofit skilled nursing facility using the Green House model of skilled nursing care and located in Yazoo City, Yazoo County, Mississippi, for the construction, expansion or conversion of not more than nineteen (19) nursing facility beds. For purposes of this paragraph (s), the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan and the provisions of Section 41-7-197 requiring a formal certificate of need hearing process are waived. There shall be no prohibition or restrictions on participation in the Medicaid program for the person receiving the certificate of need authorized under this paragraph (s).
    18. The State Department of Health shall issue certificates of need to the owner of a nursing facility in operation at the time of Hurricane Katrina in Hancock County that was not operational on December 31, 2005, because of damage sustained from Hurricane Katrina to authorize the following: (i) the construction of a new nursing facility in Harrison County; (ii) the relocation of forty-nine (49) nursing facility beds from the Hancock County facility to the new Harrison County facility; (iii) the establishment of not more than twenty (20) non-Medicaid nursing facility beds at the Hancock County facility; and (iv) the establishment of not more than twenty (20) non-Medicaid beds at the new Harrison County facility. The certificates of need that authorize the non-Medicaid nursing facility beds under subparagraphs (iii) and (iv) of this paragraph (t) shall be subject to the following conditions: The owner of the Hancock County facility and the new Harrison County facility must agree in writing that no more than fifty (50) of the beds at the Hancock County facility and no more than forty-nine (49) of the beds at the Harrison County facility will be certified for participation in the Medicaid program, and that no claim will be submitted for Medicaid reimbursement for more than fifty (50) patients in the Hancock County facility in any month, or for more than forty-nine (49) patients in the Harrison County facility in any month, or for any patient in either facility who is in a bed that is not Medicaid-certified. This written agreement by the owner of the nursing facilities shall be a condition of the issuance of the certificates of need under this paragraph (t), and the agreement shall be fully binding on any later owner or owners of either facility if the ownership of either facility is transferred at any time after the certificates of need are issued. After this written agreement is executed, the Division of Medicaid and the State Department of Health shall not certify more than fifty (50) of the beds at the Hancock County facility or more than forty-nine (49) of the beds at the Harrison County facility for participation in the Medicaid program. If the Hancock County facility violates the terms of the written agreement by admitting or keeping in the facility on a regular or continuing basis more than fifty (50) patients who are participating in the Medicaid program, or if the Harrison County facility violates the terms of the written agreement by admitting or keeping in the facility on a regular or continuing basis more than forty-nine (49) patients who are participating in the Medicaid program, the State Department of Health shall revoke the license of the facility that is in violation of the agreement, at the time that the department determines, after a hearing complying with due process, that the facility has violated the agreement.
    19. The State Department of Health shall issue a certificate of need to a nonprofit venture for the establishment, construction and operation of a skilled nursing facility of not more than sixty (60) beds to provide skilled nursing care for ventilator dependent or otherwise medically dependent pediatric patients who require medical and nursing care or rehabilitation services to be located in a county in which an academic medical center and a children’s hospital are located, and for any construction and for the acquisition of equipment related to those beds. The facility shall be authorized to keep such ventilator dependent or otherwise medically dependent pediatric patients beyond age twenty-one (21) in accordance with regulations of the State Board of Health. For purposes of this paragraph (u), the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan are waived, and the provisions of Section 41-7-197 requiring a formal certificate of need hearing process are waived. The beds authorized by this paragraph shall be counted as pediatric skilled nursing facility beds for health planning purposes under Section 41-7-171 et seq. There shall be no prohibition of or restrictions on participation in the Medicaid program for the person receiving the certificate of need authorized by this paragraph.
  3. The State Department of Health may grant approval for and issue certificates of need to any person proposing the new construction of, addition to, conversion of beds of or expansion of any health care facility defined in subparagraph (x) (psychiatric residential treatment facility) of Section 41-7-173(h). The total number of beds which may be authorized by such certificates of need shall not exceed three hundred thirty-four (334) beds for the entire state.
    1. Of the total number of beds authorized under this subsection, the department shall issue a certificate of need to a privately owned psychiatric residential treatment facility in Simpson County for the conversion of sixteen (16) intermediate care facility for the mentally retarded (ICF-MR) beds to psychiatric residential treatment facility beds, provided that facility agrees in writing that the facility shall give priority for the use of those sixteen (16) beds to Mississippi residents who are presently being treated in out-of-state facilities.
    2. Of the total number of beds authorized under this subsection, the department may issue a certificate or certificates of need for the construction or expansion of psychiatric residential treatment facility beds or the conversion of other beds to psychiatric residential treatment facility beds in Warren County, not to exceed sixty (60) psychiatric residential treatment facility beds, provided that the facility agrees in writing that no more than thirty (30) of the beds at the psychiatric residential treatment facility will be certified for participation in the Medicaid program (Section 43-13-101 et seq.) for the use of any patients other than those who are participating only in the Medicaid program of another state, and that no claim will be submitted to the Division of Medicaid for Medicaid reimbursement for more than thirty (30) patients in the psychiatric residential treatment facility in any day or for any patient in the psychiatric residential treatment facility who is in a bed that is not Medicaid-certified. This written agreement by the recipient of the certificate of need shall be a condition of the issuance of the certificate of need under this paragraph, and the agreement shall be fully binding on any subsequent owner of the psychiatric residential treatment facility if the ownership of the facility is transferred at any time after the issuance of the certificate of need. After this written agreement is executed, the Division of Medicaid and the State Department of Health shall not certify more than thirty (30) of the beds in the psychiatric residential treatment facility for participation in the Medicaid program for the use of any patients other than those who are participating only in the Medicaid program of another state. If the psychiatric residential treatment facility violates the terms of the written agreement by admitting or keeping in the facility on a regular or continuing basis more than thirty (30) patients who are participating in the Mississippi Medicaid program, the State Department of Health shall revoke the license of the facility, at the time that the department determines, after a hearing complying with due process, that the facility has violated the condition upon which the certificate of need was issued, as provided in this paragraph and in the written agreement.

      The State Department of Health, on or before July 1, 2002, shall transfer the certificate of need authorized under the authority of this paragraph (b), or reissue the certificate of need if it has expired, to River Region Health System.

    3. Of the total number of beds authorized under this subsection, the department shall issue a certificate of need to a hospital currently operating Medicaid-certified acute psychiatric beds for adolescents in DeSoto County, for the establishment of a forty-bed psychiatric residential treatment facility in DeSoto County, provided that the hospital agrees in writing (i) that the hospital shall give priority for the use of those forty (40) beds to Mississippi residents who are presently being treated in out-of-state facilities, and (ii) that no more than fifteen (15) of the beds at the psychiatric residential treatment facility will be certified for participation in the Medicaid program (Section 43-13-101 et seq.), and that no claim will be submitted for Medicaid reimbursement for more than fifteen (15) patients in the psychiatric residential treatment facility in any day or for any patient in the psychiatric residential treatment facility who is in a bed that is not Medicaid-certified. This written agreement by the recipient of the certificate of need shall be a condition of the issuance of the certificate of need under this paragraph, and the agreement shall be fully binding on any subsequent owner of the psychiatric residential treatment facility if the ownership of the facility is transferred at any time after the issuance of the certificate of need. After this written agreement is executed, the Division of Medicaid and the State Department of Health shall not certify more than fifteen (15) of the beds in the psychiatric residential treatment facility for participation in the Medicaid program. If the psychiatric residential treatment facility violates the terms of the written agreement by admitting or keeping in the facility on a regular or continuing basis more than fifteen (15) patients who are participating in the Medicaid program, the State Department of Health shall revoke the license of the facility, at the time that the department determines, after a hearing complying with due process, that the facility has violated the condition upon which the certificate of need was issued, as provided in this paragraph and in the written agreement.
    4. Of the total number of beds authorized under this subsection, the department may issue a certificate or certificates of need for the construction or expansion of psychiatric residential treatment facility beds or the conversion of other beds to psychiatric treatment facility beds, not to exceed thirty (30) psychiatric residential treatment facility beds, in either Alcorn, Tishomingo, Prentiss, Lee, Itawamba, Monroe, Chickasaw, Pontotoc, Calhoun, Lafayette, Union, Benton or Tippah County.
    5. Of the total number of beds authorized under this subsection (3) the department shall issue a certificate of need to a privately owned, nonprofit psychiatric residential treatment facility in Hinds County for an eight-bed expansion of the facility, provided that the facility agrees in writing that the facility shall give priority for the use of those eight (8) beds to Mississippi residents who are presently being treated in out-of-state facilities.
    6. The department shall issue a certificate of need to a one-hundred-thirty-four-bed specialty hospital located on twenty-nine and forty-four one-hundredths (29.44) commercial acres at 5900 Highway 39 North in Meridian (Lauderdale County), Mississippi, for the addition, construction or expansion of child/adolescent psychiatric residential treatment facility beds in Lauderdale County. As a condition of issuance of the certificate of need under this paragraph, the facility shall give priority in admissions to the child/adolescent psychiatric residential treatment facility beds authorized under this paragraph to patients who otherwise would require out-of-state placement. The Division of Medicaid, in conjunction with the Department of Human Services, shall furnish the facility a list of all out-of-state patients on a quarterly basis. Furthermore, notice shall also be provided to the parent, custodial parent or guardian of each out-of-state patient notifying them of the priority status granted by this paragraph. For purposes of this paragraph, the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan are waived. The total number of child/adolescent psychiatric residential treatment facility beds that may be authorized under the authority of this paragraph shall be sixty (60) beds. There shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the person receiving the certificate of need authorized under this paragraph or for the beds converted pursuant to the authority of that certificate of need.
    1. From and after July 1, 1993, the department shall not issue a certificate of need to any person for the new construction of any hospital, psychiatric hospital or chemical dependency hospital that will contain any child/adolescent psychiatric or child/adolescent chemical dependency beds, or for the conversion of any other health care facility to a hospital, psychiatric hospital or chemical dependency hospital that will contain any child/adolescent psychiatric or child/adolescent chemical dependency beds, or for the addition of any child/adolescent psychiatric or child/adolescent chemical dependency beds in any hospital, psychiatric hospital or chemical dependency hospital, or for the conversion of any beds of another category in any hospital, psychiatric hospital or chemical dependency hospital to child/adolescent psychiatric or child/adolescent chemical dependency beds, except as hereinafter authorized:

      If by January 1, 2002, there has been no significant commencement of construction of the beds authorized under this subparagraph (iii), or no significant action taken to convert existing beds to the beds authorized under this subparagraph, then the certificate of need that was previously issued under this subparagraph shall expire. If the previously issued certificate of need expires, the department may accept applications for issuance of another certificate of need for the beds authorized under this subparagraph, and may issue a certificate of need to authorize the construction, expansion or conversion of the beds authorized under this subparagraph.

      1. The department may issue certificates of need to any person for any purpose described in this subsection, provided that the hospital, psychiatric hospital or chemical dependency hospital does not participate in the Medicaid program (Section 43-13-101 et seq.) at the time of the application for the certificate of need and the owner of the hospital, psychiatric hospital or chemical dependency hospital agrees in writing that the hospital, psychiatric hospital or chemical dependency hospital will not at any time participate in the Medicaid program or admit or keep any patients who are participating in the Medicaid program in the hospital, psychiatric hospital or chemical dependency hospital. This written agreement by the recipient of the certificate of need shall be fully binding on any subsequent owner of the hospital, psychiatric hospital or chemical dependency hospital, if the ownership of the facility is transferred at any time after the issuance of the certificate of need. Agreement that the hospital, psychiatric hospital or chemical dependency hospital will not participate in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this subparagraph (i), and if such hospital, psychiatric hospital or chemical dependency hospital at any time after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program or admits or keeps any patients in the hospital, psychiatric hospital or chemical dependency hospital who are participating in the Medicaid program, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the hospital, psychiatric hospital or chemical dependency hospital, at the time that the department determines, after a hearing complying with due process, that the hospital, psychiatric hospital or chemical dependency hospital has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this subparagraph (i) and in the written agreement by the recipient of the certificate of need.
      2. The department may issue a certificate of need for the conversion of existing beds in a county hospital in Choctaw County from acute care beds to child/adolescent chemical dependency beds. For purposes of this subparagraph (ii), the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan are waived. The total number of beds that may be authorized under authority of this subparagraph shall not exceed twenty (20) beds. There shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the hospital receiving the certificate of need authorized under this subparagraph or for the beds converted pursuant to the authority of that certificate of need.
      3. The department may issue a certificate or certificates of need for the construction or expansion of child/adolescent psychiatric beds or the conversion of other beds to child/adolescent psychiatric beds in Warren County. For purposes of this subparagraph (iii), the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan are waived. The total number of beds that may be authorized under the authority of this subparagraph shall not exceed twenty (20) beds. There shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the person receiving the certificate of need authorized under this subparagraph or for the beds converted pursuant to the authority of that certificate of need.
      4. The department shall issue a certificate of need to the Region 7 Mental Health/Retardation Commission for the construction or expansion of child/adolescent psychiatric beds or the conversion of other beds to child/adolescent psychiatric beds in any of the counties served by the commission. For purposes of this subparagraph (iv), the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan are waived. The total number of beds that may be authorized under the authority of this subparagraph shall not exceed twenty (20) beds. There shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the person receiving the certificate of need authorized under this subparagraph or for the beds converted pursuant to the authority of that certificate of need.
      5. The department may issue a certificate of need to any county hospital located in Leflore County for the construction or expansion of adult psychiatric beds or the conversion of other beds to adult psychiatric beds, not to exceed twenty (20) beds, provided that the recipient of the certificate of need agrees in writing that the adult psychiatric beds will not at any time be certified for participation in the Medicaid program and that the hospital will not admit or keep any patients who are participating in the Medicaid program in any of such adult psychiatric beds. This written agreement by the recipient of the certificate of need shall be fully binding on any subsequent owner of the hospital if the ownership of the hospital is transferred at any time after the issuance of the certificate of need. Agreement that the adult psychiatric beds will not be certified for participation in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this subparagraph (v), and if such hospital at any time after the issuance of the certificate of need, regardless of the ownership of the hospital, has any of such adult psychiatric beds certified for participation in the Medicaid program or admits or keeps any Medicaid patients in such adult psychiatric beds, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the hospital at the time that the department determines, after a hearing complying with due process, that the hospital has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this subparagraph and in the written agreement by the recipient of the certificate of need.
      6. The department may issue a certificate or certificates of need for the expansion of child psychiatric beds or the conversion of other beds to child psychiatric beds at the University of Mississippi Medical Center. For purposes of this subparagraph (vi), the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan are waived. The total number of beds that may be authorized under the authority of this subparagraph shall not exceed fifteen (15) beds. There shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the hospital receiving the certificate of need authorized under this subparagraph or for the beds converted pursuant to the authority of that certificate of need.
    2. From and after July 1, 1990, no hospital, psychiatric hospital or chemical dependency hospital shall be authorized to add any child/adolescent psychiatric or child/adolescent chemical dependency beds or convert any beds of another category to child/adolescent psychiatric or child/adolescent chemical dependency beds without a certificate of need under the authority of subsection (1)(c) of this section.
  4. The department may issue a certificate of need to a county hospital in Winston County for the conversion of fifteen (15) acute care beds to geriatric psychiatric care beds.
  5. The State Department of Health shall issue a certificate of need to a Mississippi corporation qualified to manage a long-term care hospital as defined in Section 41-7-173(h) (xii) in Harrison County, not to exceed eighty (80) beds, including any necessary renovation or construction required for licensure and certification, provided that the recipient of the certificate of need agrees in writing that the long-term care hospital will not at any time participate in the Medicaid program (Section 43-13-101 et seq.) or admit or keep any patients in the long-term care hospital who are participating in the Medicaid program. This written agreement by the recipient of the certificate of need shall be fully binding on any subsequent owner of the long-term care hospital, if the ownership of the facility is transferred at any time after the issuance of the certificate of need. Agreement that the long-term care hospital will not participate in the Medicaid program shall be a condition of the issuance of a certificate of need to any person under this subsection (6), and if such long-term care hospital at any time after the issuance of the certificate of need, regardless of the ownership of the facility, participates in the Medicaid program or admits or keeps any patients in the facility who are participating in the Medicaid program, the State Department of Health shall revoke the certificate of need, if it is still outstanding, and shall deny or revoke the license of the long-term care hospital, at the time that the department determines, after a hearing complying with due process, that the facility has failed to comply with any of the conditions upon which the certificate of need was issued, as provided in this subsection and in the written agreement by the recipient of the certificate of need. For purposes of this subsection, the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan are waived.
  6. The State Department of Health may issue a certificate of need to any hospital in the state to utilize a portion of its beds for the “swing-bed” concept. Any such hospital must be in conformance with the federal regulations regarding such swing-bed concept at the time it submits its application for a certificate of need to the State Department of Health, except that such hospital may have more licensed beds or a higher average daily census (ADC) than the maximum number specified in federal regulations for participation in the swing-bed program. Any hospital meeting all federal requirements for participation in the swing-bed program which receives such certificate of need shall render services provided under the swing-bed concept to any patient eligible for Medicare (Title XVIII of the Social Security Act) who is certified by a physician to be in need of such services, and no such hospital shall permit any patient who is eligible for both Medicaid and Medicare or eligible only for Medicaid to stay in the swing beds of the hospital for more than thirty (30) days per admission unless the hospital receives prior approval for such patient from the Division of Medicaid, Office of the Governor. Any hospital having more licensed beds or a higher average daily census (ADC) than the maximum number specified in federal regulations for participation in the swing-bed program which receives such certificate of need shall develop a procedure to insure that before a patient is allowed to stay in the swing beds of the hospital, there are no vacant nursing home beds available for that patient located within a fifty-mile radius of the hospital. When any such hospital has a patient staying in the swing beds of the hospital and the hospital receives notice from a nursing home located within such radius that there is a vacant bed available for that patient, the hospital shall transfer the patient to the nursing home within a reasonable time after receipt of the notice. Any hospital which is subject to the requirements of the two (2) preceding sentences of this subsection may be suspended from participation in the swing-bed program for a reasonable period of time by the State Department of Health if the department, after a hearing complying with due process, determines that the hospital has failed to comply with any of those requirements.
  7. The Department of Health shall not grant approval for or issue a certificate of need to any person proposing the new construction of, addition to or expansion of a health care facility as defined in subparagraph (viii) of Section 41-7-173(h), except as hereinafter provided: The department may issue a certificate of need to a nonprofit corporation located in Madison County, Mississippi, for the construction, expansion or conversion of not more than twenty (20) beds in a community living program for developmentally disabled adults in a facility as defined in subparagraph (viii) of Section 41-7-173(h). For purposes of this subsection (8), the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan and the provisions of Section 41-7-197 requiring a formal certificate of need hearing process are waived. There shall be no prohibition or restrictions on participation in the Medicaid program for the person receiving the certificate of need authorized under this subsection (8).
  8. The Department of Health shall not grant approval for or issue a certificate of need to any person proposing the establishment of, or expansion of the currently approved territory of, or the contracting to establish a home office, subunit or branch office within the space operated as a health care facility as defined in Section 41-7-173(h)(i) through (viii) by a health care facility as defined in subparagraph (ix) of Section 41-7-173(h).
  9. Health care facilities owned and/or operated by the state or its agencies are exempt from the restraints in this section against issuance of a certificate of need if such addition or expansion consists of repairing or renovation necessary to comply with the state licensure law. This exception shall not apply to the new construction of any building by such state facility. This exception shall not apply to any health care facilities owned and/or operated by counties, municipalities, districts, unincorporated areas, other defined persons, or any combination thereof.
  10. The new construction, renovation or expansion of or addition to any health care facility defined in subparagraph (ii) (psychiatric hospital), subparagraph (iv) (skilled nursing facility), subparagraph (vi) (intermediate care facility), subparagraph (viii) (intermediate care facility for the mentally retarded) and subparagraph (x) (psychiatric residential treatment facility) of Section 41-7-173(h) which is owned by the State of Mississippi and under the direction and control of the State Department of Mental Health, and the addition of new beds or the conversion of beds from one category to another in any such defined health care facility which is owned by the State of Mississippi and under the direction and control of the State Department of Mental Health, shall not require the issuance of a certificate of need under Section 41-7-171 et seq., notwithstanding any provision in Section 41-7-171 et seq. to the contrary.
  11. The new construction, renovation or expansion of or addition to any veterans homes or domiciliaries for eligible veterans of the State of Mississippi as authorized under Section 35-1-19 shall not require the issuance of a certificate of need, notwithstanding any provision in Section 41-7-171 et seq. to the contrary.
  12. The repair or the rebuilding of an existing, operating health care facility that sustained significant damage from a natural disaster that occurred after April 15, 2014, in an area that is proclaimed a disaster area or subject to a state of emergency by the Governor or by the President of the United States shall be exempt from all of the requirements of the Mississippi Certificate of Need Law (Section 41-7-171 et seq.) and any and all rules and regulations promulgated under that law, subject to the following conditions:
    1. The repair or the rebuilding of any such damaged health care facility must be within one (1) mile of the pre-disaster location of the campus of the damaged health care facility, except that any temporary post-disaster health care facility operating location may be within five (5) miles of the pre-disaster location of the damaged health care facility;
    2. The repair or the rebuilding of the damaged health care facility (i) does not increase or change the complement of its bed capacity that it had before the Governor’s or the President’s proclamation, (ii) does not increase or change its levels and types of health care services that it provided before the Governor’s or the President’s proclamation, and (iii) does not rebuild in a different county; however, this paragraph does not restrict or prevent a health care facility from decreasing its bed capacity that it had before the Governor’s or the President’s proclamation, or from decreasing the levels of or decreasing or eliminating the types of health care services that it provided before the Governor’s or the President’s proclamation, when the damaged health care facility is repaired or rebuilt;
    3. The exemption from Certificate of Need Law provided under this subsection (13) is valid for only five (5) years from the date of the Governor’s or the President’s proclamation. If actual construction has not begun within that five-year period, the exemption provided under this subsection is inapplicable; and
    4. The Division of Health Facilities Licensure and Certification of the State Department of Health shall provide the same oversight for the repair or the rebuilding of the damaged health care facility that it provides to all health care facility construction projects in the state.

      For the purposes of this subsection (13), “significant damage” to a health care facility means damage to the health care facility requiring an expenditure of at least One Million Dollars ($1,000,000.00).

  13. The State Department of Health shall issue a certificate of need to any hospital which is currently licensed for two hundred fifty (250) or more acute care beds and is located in any general hospital service area not having a comprehensive cancer center, for the establishment and equipping of such a center which provides facilities and services for outpatient radiation oncology therapy, outpatient medical oncology therapy, and appropriate support services including the provision of radiation therapy services. The provisions of Section 41-7-193(1) regarding substantial compliance with the projection of need as reported in the current State Health Plan are waived for the purpose of this subsection.
  14. The State Department of Health may authorize the transfer of hospital beds, not to exceed sixty (60) beds, from the North Panola Community Hospital to the South Panola Community Hospital. The authorization for the transfer of those beds shall be exempt from the certificate of need review process.
  15. The State Department of Health shall issue any certificates of need necessary for Mississippi State University and a public or private health care provider to jointly acquire and operate a linear accelerator and a magnetic resonance imaging unit. Those certificates of need shall cover all capital expenditures related to the project between Mississippi State University and the health care provider, including, but not limited to, the acquisition of the linear accelerator, the magnetic resonance imaging unit and other radiological modalities; the offering of linear accelerator and magnetic resonance imaging services; and the cost of construction of facilities in which to locate these services. The linear accelerator and the magnetic resonance imaging unit shall be (a) located in the City of Starkville, Oktibbeha County, Mississippi; (b) operated jointly by Mississippi State University and the public or private health care provider selected by Mississippi State University through a request for proposals (RFP) process in which Mississippi State University selects, and the Board of Trustees of State Institutions of Higher Learning approves, the health care provider that makes the best overall proposal; (c) available to Mississippi State University for research purposes two-thirds (2/3) of the time that the linear accelerator and magnetic resonance imaging unit are operational; and (d) available to the public or private health care provider selected by Mississippi State University and approved by the Board of Trustees of State Institutions of Higher Learning one-third (1/3) of the time for clinical, diagnostic and treatment purposes. For purposes of this subsection, the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan are waived.
  16. The State Department of Health shall issue a certificate of need for the construction of an acute care hospital in Kemper County, not to exceed twenty-five (25) beds, which shall be named the “John C. Stennis Memorial Hospital.” In issuing the certificate of need under this subsection, the department shall give priority to a hospital located in Lauderdale County that has two hundred fifteen (215) beds. For purposes of this subsection, the provisions of Section 41-7-193(1) requiring substantial compliance with the projection of need as reported in the current State Health Plan and the provisions of Section 41-7-197 requiring a formal certificate of need hearing process are waived. There shall be no prohibition or restrictions on participation in the Medicaid program (Section 43-13-101 et seq.) for the person or entity receiving the certificate of need authorized under this subsection or for the beds constructed under the authority of that certificate of need.
  17. The planning, design, construction, renovation, addition, furnishing and equipping of a clinical research unit at any health care facility defined in Section 41-7-173(h) that is under the direction and control of the University of Mississippi Medical Center and located in Jackson, Mississippi, and the addition of new beds or the conversion of beds from one (1) category to another in any such clinical research unit, shall not require the issuance of a certificate of need under Section 41-7-171 et seq., notwithstanding any provision in Section 41-7-171 et seq. to the contrary.
  18. [Repealed]
  19. Nothing in this section or in any other provision of Section 41-7-171 et seq. shall prevent any nursing facility from designating an appropriate number of existing beds in the facility as beds for providing care exclusively to patients with Alzheimer’s disease.

HISTORY: Laws, 1979, ch. 451, §§ 9, 27; Laws, 1980, ch. 493, § 5; Laws, 1981, ch. 484, § 14; Laws, 1982, ch. 499, § 1; Laws, 1983, ch. 484, § 5; Laws, 1984, ch. 505; Laws, 1985, ch. 534, § 8; Laws, 1986, ch. 437, § 40; Laws, 1987, ch. 515, § 6; Laws, 1988, ch. 421, § 1; Laws, 1989, ch. 530, § 2; Laws, 1990, ch. 510, § 2; Laws, 1993, ch. 426, § 10; Laws, 1993, ch. 493, § 1; Laws, 1993, ch. 609, § 10; Laws, 1994, ch. 649, § 16; Laws, 1995, ch. 599, § 1; Laws, 1996, ch. 551, § 1; Laws, 1998, ch. 596, § 1; Laws, 1999, ch. 303, § 1; Laws, 1999, ch. 495, § 2; Laws, 1999, ch. 583, § 2; Laws, 2001, ch. 342, § 1; Laws, 2001, ch. 607, § 1; Laws, 2002, ch. 636B, § 6; Laws, 2003, ch. 393, § 2; Laws, 2004, ch. 438, § 1; Laws, 2006, ch. 513, § 1; Laws, 2007, ch. 514, § 21; Laws, 2012, ch. 524, § 14; Laws, 2015, ch. 491, § 1, eff from and after passage (approved Apr. 23, 2015).

Joint Legislative Committee Note —

Section 1 of ch. 303, Laws of 1999, effective from and after passage (approved March 1, 1999), amended this section. Section 2 of ch. 495, Laws of 1999, effective July 1, 1999, also amended this section. Finally, this section was amended by Section 2 of ch. 583, Laws of 1999, effective from and after June 30, 1999. As set out above, this section reflects the language of all amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the Legislative intent at the April 28, 1999, meeting of the Committee.

Section 1 of ch. 342, Laws of 2001, effective from and after June 30, 2001, amended this section. Section 1 of ch. 607, Laws of 2001, effective from and after July 1, 2001, also amended this section. As set out above, this section reflects the language of Section 1 of ch. 607, Laws of 2001, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect earlier.

In 2009, typographical errors in this section were corrected at the direction of the co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation by making the following substitutions: in (1)( l ), “subsection (1) of this section” for “this Section 41-7-191(1)”; in (2)(j), (4)(a)(ii), (4)(a)(iv), (4)(a)(vi), (6) and (14), “...the provisions of Section 41-7-193(l)...are waived” for “...the provision of Section 41-7-193(l)...is waived”; in (2)( l ), “...the provisions of Section 41-7-193(l)...are hereby waived” for “...the provision of Section 41-7-193(l)...is hereby waived”; in (2)(n), “...within eighteen (18) months after July 1, 1998” for “within eighteen months after the effective date of July 1, 1998...”; and in (2)(o), “...within eighteen (18) months after July 1, 2001” for “within eighteen months after the effective date of July 1, 2001...” The section as set out in the bound volume reflects these corrections, which were ratified by the Joint Committee at its July 22, 2010, meeting.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in a statutory reference in the fourth sentence of (2)(p) by substituting “ Section 41-7-193(1)” for “ Section 43-7-193(1).” The Joint Committee ratified the correction at its August 1, 2013, meeting.

Editor’s Notes —

Laws of 1995, ch. 599, § 2, provides as follows:

“SECTION 2. All new programs authorized in Section 1 of this act are subject to the availability of funds specifically appropriated therefor by the Legislature.”

Laws of 2002, ch. 636B, was Senate Bill 2189, 2002 Regular Session, and originally passed the House of Representatives and the Senate on April 2, 2002. The Governor vetoed Senate Bill 2189 on April 9, 2002. The veto was overridden by both the House of Representatives and the Senate on April 12, 2002.

Laws of 2007, ch. 514, § 22 provides as follows:

“SECTION 22. This act shall take effect and be in force from and after June 30, 2007, except for Sections 1 and 2 and Sections 13 through 18, which shall take effect and be in force from and after the passage of this act.” Laws of 2007, ch. 514 was approved on March 30, 2007.

A former subsection (13), which provided that new construction of nursing facilities or nursing facility beds or the conversion of other beds to nursing facility beds did not require the issuance of a certificate of need under certain circumstances, was repealed by its own terms effective July 1, 2005.

Subsection (19), which authorized the State Department of Health to approve a change of ownership of a part of a health care facility, was repealed by its own terms effective June 30, 2016.

Amendment Notes —

The 2003 amendment rewrote (1)(c).

The 2004 amendment inserted present (16) and redesignated former (16) as (17).

The 2006 amendment rewrote (1)(a); repealed (1)(d)(xiii), which read “(xiii) Extracorporeal shock wave lithotripsy services”; substituted “five thousand two hundred eighty (5,280) feet” for “within one thousand three hundred twenty (1,320) feet” in (1)(e); added (1)( l ) and (m); added (2)(s) and (t); and rewrote (8).

The 2007 amendment added (17) and redesignated former (17) as present (18).

The 2012 amendment added (2)(u).

The 2015 amendment deleted “provided” preceding “however” from the first sentence of (1)(f); deleted “hereby” preceding “waived” in the last sentence of (2)( l ) and (6); substituted “However” for “Provided, however, that” in the last sentences in (2)(m)-(p); added (13), (18) and (19) and redesignated former (18) as (20).

Cross References —

Mississippi State Veterans Home, see §35-1-19 et seq.

Notwithstanding the provisions of subsection (11) of this section, Department of Mental Health authorized to contract with private or public entities to transfer beds to other entities to better meet needs of clients, see §41-4-18.

Ellisville State School, see §§41-7-73,41-19-103 through41-19-121.

Definition of “capital expenditure” for purposes of §§41-7-171 et seq., see §41-7-173.

Power of health care commission to conduct hearings in addition to those authorized by this section, see §41-7-185.

Projects which are deemed nonsubstantive for purposes of review by the Department, see §41-7-205.

Critical access hospitals authorized to bank licensed hospital acute care beds, see §41-9-210.

Federal Aspects—

Provisions of Title XVIII of Social Security Act, see 42 USCS §§ 1395 et seq.

Provisions of Title XIX of Social Security Act, see 42 USCS §§ 1396 et seq.

OPINIONS OF THE ATTORNEY GENERAL

Offices of private physicians and dentists in which ambulatory surgical services are provided are not health care facilities and are therefore not subject to certificate of need review. 1994 Miss. Op. Att'y Gen. 924.

An office that is a large, all encompassing, multi-speciality ambulatory surgical facility, is not a private office as intended by the Section 41-7-173. Moreover, a facility is a health care facility inasmuch as it would provide institutional health services. Accordingly, such a facility would not be exempt from the certificate of need requirements set forth in section 41-7-191(1)(d)(xi), despite the fact that it is owned by a physicians’ group. 1996 Miss. Op. Att'y Gen. 802.

The establishment of and certification of a peritoneal dialysis facility for Medicare purposes by the Mississippi State Department of Health is the establishment of a health care facility and, as such, requires a certificate of need under the Certificate of Need Law of 1979. 1999 Miss. Op. Att'y Gen. 808.

The establishment of a Distinct Part, PPS-excluded acute rehabilitation unit in an existing hospital, without the addition of any licensed beds and when the beds at issue will remain licensed as acute care beds and only the Medicare reimbursement schedule will change, is a project that requires certificate of need review and approval if the unit is either (1) a new health care facility, or (2) proposes to offer a new health service which was not previously offered by the hospital. 1999 Miss. Op. Att'y Gen. 309.

Subsection (2)(q)(vi) is properly interpreted by the Department of Health to be essentially a “tie-breaker” between two equally qualified applications. 2002 Miss. Op. Att'y Gen. 302.

The 2004 amendment to 41-7-191(16) is clearly a mandate to the department of health to grant the necessary certification of need (CON), without requiring the applicant to demonstrate compliance with any CON criteria or specifications. 2005 Miss. Op. Att'y Gen. 452.

The 2006 amendment of Section 41-7-191 plainly requires a certificate of need for the reopening of any health care facility after it has been closed for more than 60 months. 2006 Miss. Op. Att'y Gen. 261.

Since the legislature did not define the term, it is within the Department of Health’s discretion and authority to determine and set by regulation what constitutes the “reopening” and “operation” of a health care facility for purposes of Section 41-7-191 – whether it means actually housing patients/residents, or something short of this. 2006 Miss. Op. Att'y Gen. 261.

Vendors who, in good faith, provided goods or services, in situations when through no fault of the vendor, the governing authorities made an error in the manner the purchasing laws were followed, are authorized by Section 31-7-57 to bring an original cause of action, as the claim is based on a contractual obligation. It would not be appropriately handled as an appeal pursuant to Section 21-39-11. 2006 Miss. Op. Att'y Gen. 267.

JUDICIAL DECISIONS

1. In general.

2. Addition of beds.

3. Certificate of need granted.

4. Revocation.

1. In general.

Mississippi Supreme Court finds no ambiguity in the language of Miss. Code Ann. §41-7-191(16), as without listing a single exception or qualification, it clearly mandates the Mississippi State Department of Health to issue a certificate of need; therefore, it was proper to grant an application that was filed by the parties delineated in §41-7-191(16). Oktibbeha County Hosp. v. Miss. State Dep't of Health, 956 So. 2d 207, 2007 Miss. LEXIS 277 (Miss. 2007).

Upon passing Miss. Code Ann. §41-7-191(16), the Mississippi legislature effectively waived all certificate of need (CON) requirements as they relate to any endeavor entered into between Mississippi State University and any public or private health care provider in the acquisition of a linear accelerator and a magnetic resonance imaging unit; therefore, a hospital challenging the decision to grant a CON to the parties delineated in §41-7-191 did not need a hearing. Oktibbeha County Hosp. v. Miss. State Dep't of Health, 956 So. 2d 207, 2007 Miss. LEXIS 277 (Miss. 2007).

Supposed “notice” to a special assistant attorney general is not sufficient under Miss. R. Civ. P. 24(d) or Miss. R. App. P. 44; therefore, a hospital was procedurally barred from bringing constitutional challenges to Miss. Code Ann. §41-7-191(16) under Miss. Const. art. 4, § 87, Miss. Const. art. 3, § 14, and the Fourteenth Amendment where there was no notice to the Mississippi Attorney General. Oktibbeha County Hosp. v. Miss. State Dep't of Health, 956 So. 2d 207, 2007 Miss. LEXIS 277 (Miss. 2007).

An existing nursing home was eligible for a a certificate of need for additional beds notwithstanding that it had already been issued a certificate of need for 60 beds, only 30 of which were to be Medicaid-eligible, as the statutory provision which allowed the original certificate of need did not prohibit the issuance of a later certificate of need for additional beds; further, the certificate of need was properly granted to the existing nursing home as such grant was more cost-effective, based in large part upon the fact that it involved an addition to an existing facility as opposed to the construction of a new facility. Cain v. Mississippi State Dep't of Health, 767 So. 2d 207, 2000 Miss. LEXIS 213 (Miss. 2000).

There is nothing in statute or case law which indicates that a lessened standard of need applies to determine if a “relocation” should be approved. St. Dominic-Jackson Mem'l Hosp. v. Mississippi State Dep't of Health, 728 So. 2d 81, 1998 Miss. LEXIS 505 (Miss. 1998).

Municipal hospital was entitled to state action immunity from federal antitrust claim arising from its exclusive contract with medical supervisor, who performed chronic dialysis in its facility for end stage renal disease, as (1) it was subdivision of municipal corporation under §§41-13-10 et seq., it was required to obtain certificate of need under §41-7-191(1)(a) and (b), and it had right under §41-13-35(5)(g) to contract with any person to provide services, and (2) purpose of its contract to supervise special unit and perform critical functions was to obtain physician’s dedicated services by displacing unfettered professional medical freedom, and allegedly anticompetitive results were thus foreseeable. Martin v. Memorial Hosp., 86 F.3d 1391, 1996 U.S. App. LEXIS 16695 (5th Cir. Miss. 1996).

Decision of Mississippi State Department of Health to disapprove unsuccessful applicant’s application for certificate of need for construction of 60-bed nursing home and to approve competing application was supported by substantial evidence and was neither arbitrary nor capricious, despite contention that unsuccessful application reflected lower expenditures and costs; by state law, Department could grant only one of competing applications in county, and State Health Officer conducted comparative analysis of both applications and determined successful application to be superior. Cain v. Mississippi State Dep't of Health, 666 So. 2d 506, 1995 Miss. LEXIS 621 (Miss. 1995).

Nothing in §41-7-191 prohibits a provider domiciled in one county from applying for a receiving a certificate of need to offer a health care service in another county. Durant v. Humphreys County Memorial Hospital/Extended Care Facility, 587 So. 2d 244, 1991 Miss. LEXIS 672 (Miss. 1991).

2. Addition of beds.

When hospital system’s proposal to relocate 60 beds from one hospital to another was actually a request to add 60 beds, a certificate of need should not have been granted because the hospital system admitted that it could not meet the criterion that should have been applied, which pertained to the addition of beds. Singing River Hosp. Sys. v. Biloxi Reg'l Med. Ctr., 928 So. 2d 810, 2006 Miss. LEXIS 121 (Miss. 2006).

3. Certificate of need granted.

Substantial evidence supported the decision of the Mississippi State Department of Health (DOH) to grant a certificate of need allowing the relocation of a closed hospital because the record showed DOH considered each of a competitor’s objections to the application and permissibly chose which conflicting evidence to credit. Singing River Health Sys. v. Miss. State Dep't of Health, 172 So.3d 1190, 2014 Miss. App. LEXIS 658 (Miss. Ct. App. 2014), cert. denied, — So.3d —, 2015 Miss. LEXIS 400 (Miss. 2015).

When granting a hospital’s application for a certificate of need, the Mississippi State Department of Health did not improperly treat the application as one seeking the relocation of an existing facility because (1) the hospital sought to relocate an existing hospital that had been closed for less than 60 months, and (2) the hospital did not propose to maintain a presence at the site of the closed facility. Singing River Health Sys. v. Miss. State Dep't of Health, 172 So.3d 1190, 2014 Miss. App. LEXIS 658 (Miss. Ct. App. 2014), cert. denied, — So.3d —, 2015 Miss. LEXIS 400 (Miss. 2015).

Mississippi Department of Health (DOH) properly approved a certificate of need (CON) for a behavioral health center to add twenty adolescent psychiatric beds in Warren County, pursuant to Miss. Code Ann. §41-7-191(4)(a)(iii), because a previously approved CON for such beds was never acted upon and, therefore, the exception to the moratorium on adolescent psychiatric beds under §41-7-191(4)(a)(iii) remained available to the DOH; the DOH’s interpretation of § 41-7-191(4)(a)(iii) was reasonable. Diamond Grove Ctr., LLC v. Miss. State Dep't of Health, 98 So.3d 1068, 2012 Miss. LEXIS 506 (Miss. 2012).

Mississippi State Department of Health (MSDH) did not err in granting a certificate of need (CON) to a company for the provision of mobile magnetic resonance imaging (MRI) services because, even though a customer terminated its service agreement with the MRI company while the CON application was pending, substantial evidence supported the MSDH’s determination that the MRI company would still be able to perform enough procedures for its remaining customers to meet the annual requirements of the state health plan. Miss. State Dep't of Health v. Baptist Mem. Hospital-DeSoto, Inc., 984 So. 2d 967, 2008 Miss. LEXIS 323 (Miss. 2008).

4. Revocation.

Language in the statutes that establish certificates of need (CONs), Miss. Code Ann. §41-7-191 and Miss. Code Ann. §41-7-195, indicates that the Mississippi Legislature does not intend for the CONs to exist in perpetuity; instead, the CONs have a specific legislatively-enacted expiration date. Therefore, there was no error when a trial court affirmed a decision from the Mississippi State Department of Health regarding the revocation of two legislatively-established CONs. Brentwood Health Mgmt. of Miss., LLC v. Miss. State Dep't of Health, 29 So.3d 775, 2009 Miss. App. LEXIS 261 (Miss. Ct. App. 2009).

§ 41-7-193. Certificate of need; new institutional health services and other projects.

  1. No person may enter into any financing arrangement or commitment for financing a new institutional health service or any other project requiring a certificate of need unless such certificate has been granted for such purpose. A certificate of need shall not be granted or issued to any person for any proposal, cause or reason, unless the proposal has been reviewed for consistency with the specifications and the criteria established by the State Department of Health and substantially complies with the projection of need as reported in the state health plan in effect at the time the application for the proposal was submitted.
  2. An application for a certificate of need for an institutional health service, medical equipment or any proposal requiring a certificate of need shall specify the time, within that granted, such shall be functional or operational according to a time schedule submitted with the application. Each certificate of need shall specify the maximum amount of capital expenditure that may be obligated. The State Department of Health shall periodically review the progress and time schedule of any person issued or granted a certificate of need for any purpose.
  3. An application for a certificate of need may be filed at any time with the department after the applicant has given the department fifteen (15) days’ written notice of its intent to apply for a certificate of need. The department shall not delay review of an application. The department shall make its recommendation approving or disapproving a complete application within forty-five (45) days of the date the application was filed or within fifteen (15) days of receipt of any requested information, whichever is later, said request to be made by the department within fifteen (15) days of the filing of the application.

HISTORY: Laws, 1979, ch. 451, § 12; Laws, 1980, ch. 493, § 6; Laws, 1982, ch. 482, § 3; Laws, 1983, ch. 484, § 6; Laws, 1985, ch. 534, § 9; Laws, 1986, ch. 437, § 41; Laws, 1993, ch. 467, § 1; Laws, 2016, ch. 412, § 2, eff from and after July 1, 2016.

Editor’s Notes —

Laws of 1986, ch. 437, § 51, eff from and after July 1, 1986, amended Laws of 1985, ch. 534, § 15, by deleting the provision which would have repealed this section as of July 1, 1986.

Amendment Notes —

The 2016 amendment added (3).

Cross References —

Waiver of provisions of this section for purposes of certificate of need for certain facilities in certain counties, see §41-7-191.

Provisions of subsection (1) of this section waived for the purposes of41-7-191(2)(u), see §41-7-191.

JUDICIAL DECISIONS

1. In general.

Chancery court properly affirmed the decision of the Mississippi State Department of Health to grant a free-standing imaging center’s application for a Certificate of Need for magnetic resonance imaging (MRI) services because the center substantially complied with the projection of need as reported in the state health plan in effect at the time; the center’s physician-affidavit projections were based on actual MRI referrals during the year. Baptist Mem. Hospital-North-Mississippi v. State Dep't of Health, — So.3d —, 2018 Miss. App. LEXIS 530 (Miss. Ct. App. Oct. 23, 2018).

Substantial evidence supported the decision of the Mississippi State Department of Health to grant a free-standing imaging center’s application for a Certificate of Need for magnetic resonance imaging services because the center presented evidence that it would meet the need criterion through a population-based, market-share analysis; the center also demonstrated that its proposal met the need criterion through physician-affidavits and population-based statistical projections. Baptist Mem. Hospital-North-Mississippi v. State Dep't of Health, — So.3d —, 2018 Miss. App. LEXIS 530 (Miss. Ct. App. Oct. 23, 2018).

Substantial evidence supported the decision of the Mississippi State Department of Health to grant a free-standing imaging center’s application for a Certificate of Need for magnetic resonance imaging services (MRI) because the proposed new services would not reduce the utilization of existing providers in the service area; a health planning expert testified that there was sufficient volume of needed MRIs in the service area to meet the center’s projection. Baptist Mem. Hospital-North-Mississippi v. State Dep't of Health, — So.3d —, 2018 Miss. App. LEXIS 530 (Miss. Ct. App. Oct. 23, 2018).

Substantial evidence supported the decision of the Mississippi State Department of Health to grant a free-standing imaging center’s application for a Certificate of Need (CON) for magnetic resonance imaging services (MRI) because the center’s project was economically viable per the CON review criterion; the physician affidavits constituted substantial evidence, and the center’s financial expert testified that the project would be economically viable with positive income and cash flow. Baptist Mem. Hospital-North-Mississippi v. State Dep't of Health, — So.3d —, 2018 Miss. App. LEXIS 530 (Miss. Ct. App. Oct. 23, 2018).

Supreme Court found substantial evidence that appellee’s application for a certificate of need to perform percutaneous coronary interventions at its hospitals substantially complied with the State Health Plan as required by Miss. Code Ann. §41-7-193(1) and was consistent with its requirements. Appellant, which contested the application, failed to show the State Department of Health’s decision that appellee substantially complied with the State Health Plan was not based on substantial evidence. Baptist Mem. Hospital-Desoto, Inc. v. Miss. State Dep't of Health, 214 So.3d 277, 2017 Miss. LEXIS 118 (Miss. 2017).

Judgment awarding a company a certificate of need allowing it to relocate nursing home beds was reversed because the Mississippi State Department of Health did not act arbitrarily or capriciously, outside of its authority, or violate any vested constitutional rights in denying the certificate of need as pursuant to Miss. Code Ann. §41-7-193(1), there was substantial evidence in the record to support the finding that the relocation project was not consistent with the State Health Plan and under Miss. Code Ann. §41-7-201(2)(f), there was substantial evidence showing that the relocation of the nursing home beds would have a significant adverse affect on the ability of an existing facility or service to provide indigent care. State Dep't of Health v. Mid-South Assocs., LLC, 25 So.3d 358, 2009 Miss. App. LEXIS 205 (Miss. Ct. App. 2009), cert. denied, 24 So.3d 1038, 2010 Miss. LEXIS 20 (Miss. 2010).

Mississippi State Department of Health did not err when it granted a certificate of need to provide magnetic resonance services to an applicant where the evidence showed that the projected unit would have provided for a minimum number of procedures per year based on information in a state health plan, pursuant to Miss. Code Ann. §41-7-193(1). Open MRI, LLC v. Miss. State Dep't of Health, 939 So. 2d 813, 2006 Miss. App. LEXIS 737 (Miss. Ct. App. 2006).

In its determination of a Certificate of Need, the proposal had to be consistent with the specifications and criteria established by the Department of Health and in substantial compliance with the Mississippi State Health Plan. Jeff Anderson Reg'l Med. Ctr. v. Miss. State Dep't of Health, 798 So. 2d 1264, 2001 Miss. LEXIS 289 (Miss. 2001).

A showing of substantial evidence of need is required in order for an applicant to secure a certificate of need for any health care proposal to which the certificate of need laws apply; what defines need in any given case depends upon the purpose behind the enactment of the certificate of need laws, particular statutory provisions, and a consideration of the Department of Health’s stated general review criteria. Mississippi State Dep't of Health v. Mississippi Baptist Medical Ctr., 663 So. 2d 563, 1995 Miss. LEXIS 535 (Miss. 1995).

The Mississippi State Health Department’s use of market share analysis to determine a healthcare provider’s population base in reviewing an application for a certificate of need to establish a cardiac catheterization service was not arbitrary or capricious; the market share analysis is merely statistical method used to evaluate the need for a particular service, and it enables the Mississippi State Department of Health to determine what portion of the service area’s population the applicant is likely to serve. Mississippi State Dep't of Health v. Golden Triangle Regional Medical Center, 603 So. 2d 854 (Miss. 1992).

The Mississippi State Health Department’s use of market share analysis to determine population base in reviewing certificate of need applications is not arbitrary or capricious. HTI Health Services, Inc. v. Mississippi State Dep't of Health, 603 So. 2d 848, 1992 Miss. LEXIS 361 (Miss. 1992).

§ 41-7-195. Certificate of need; validity; transferability; duration; revocation.

  1. A certificate of need shall be valid only for the defined scope, physical location and person named in the application. A certificate of need shall not be transferable or assignable nor shall a project or capital expenditure project be transferred from one person to another, except with the approval of the State Department of Health. A certificate of need shall be valid for the period of time specified therein.
  2. A certificate of need shall be issued for a period of twelve (12) months, or such other lesser period as specified by the State Department of Health.
  3. The State Department of Health may define by regulation, not to exceed six (6) months, the time for which a certificate of need may be extended.
  4. If commencement of construction or other preparation is not substantially undertaken during a valid certificate of need period or the State Department of Health determines the applicant is not making a good faith effort to obligate such approved expenditure, the State Department of Health shall have the right to withdraw, revoke or rescind the certificate.
  5. The State Department of Health may approve or disapprove a proposal for a certificate of need as originally presented in final form, or it may approve a certificate of need by a modification, by reduction only, of such proposal provided the proponent agrees to such modification.

HISTORY: Laws, 1979, ch. 451, § 13; Laws, 1980, ch. 493, § 7; Laws, 1982, ch. 482, § 4; Laws, 1986, ch. 437, § 42, eff from and after July 1, 1986.

JUDICIAL DECISIONS

1. In general.

2. Time period.

3. Revocation.

4. Hearing officer.

1. In general.

Nothing in Miss. Code Ann. 41-7-195(4) indicates that the Mississippi Legislature intends to limit the Mississippi State Department of Health’s certificate of need (CON) revocation power to only those CONs that are not authorized by statute. Brentwood Health Mgmt. of Miss., LLC v. Miss. State Dep't of Health, 29 So.3d 775, 2009 Miss. App. LEXIS 261 (Miss. Ct. App. 2009).

2. Time period.

Pursuant to the plain language of Miss. Code Ann. §41-7-195, the Mississippi State Department of Health did not have the authority to grant an applicant an extension of its Certificate of Need (CON) after the CON had expired, nor the authority to promulgate a rule allowing holders of expired CONS the right to request an extension of their CONs. Dialysis Solution, LLC v. Miss. State Dep't of Health, 31 So.3d 1204, 2010 Miss. LEXIS 81 (Miss. 2010).

Language in the statutes that establish certificates of need (CONs), Miss. Code Ann. §41-7-191 and Miss. Code Ann. §41-7-195, indicates that the Mississippi Legislature does not intend for the CONs to exist in perpetuity; instead, the CONs have a specific legislatively-enacted expiration date. Therefore, there was no error when a trial court affirmed a decision from the Mississippi State Department of Health regarding the revocation of two legislatively-established CONs. Brentwood Health Mgmt. of Miss., LLC v. Miss. State Dep't of Health, 29 So.3d 775, 2009 Miss. App. LEXIS 261 (Miss. Ct. App. 2009).

3. Revocation.

Revocation of two certificates of need (CONs) for a hospital was not arbitrary and capricious because a hospital did not do anything that qualified as the commencement of construction or a good faith effort to obligate an approved expenditure; very little money had been spent in furtherance of a project, and the evidence showed that the hospital focused its efforts into the relocation of the project, rather than completion of the project contemplated by the CONs. Brentwood Health Mgmt. of Miss., LLC v. Miss. State Dep't of Health, 29 So.3d 775, 2009 Miss. App. LEXIS 261 (Miss. Ct. App. 2009).

4. Hearing officer.

In a case involving the revocation of two certificates of need (CONs), although a hearing officer made an improper reference about giving deference to the Mississippi State Department of Health, there was no reversible error because it was clear that the hearing officer acted according to her mandate to make recommended findings of fact and conclusions of law to a state health officer. Brentwood Health Mgmt. of Miss., LLC v. Miss. State Dep't of Health, 29 So.3d 775, 2009 Miss. App. LEXIS 261 (Miss. Ct. App. 2009).

§ 41-7-197. Certificate of need; hearing before hearing officer; review.

  1. The State Department of Health shall adopt and utilize procedures for conducting certificate of need reviews. Such procedures shall include, inter alia, the following: (a) written notification to the applicant; (b) written notification to health care facilities in the same health service area as the proposed service; (c) written notification to other persons who prior to the receipt of the application have filed a formal notice of intent to provide the proposed services in the same service area; and (d) notification to members of the public who reside in the service area where the service is proposed, which may be provided through newspapers or public information channels.
  2. All notices provided shall include, inter alia, the following: (a) the proposed schedule for the review; (b) written notification of the period within which a public hearing during the course of the review may be requested in writing by one or more affected persons, such request to be made within ten (10) days of the department’s staff recommendation for approval or disapproval of an application; and (c) the manner in which notification will be provided of the time and place of any hearing so requested. Any such hearing shall be commenced by an independent hearing officer designated by the State Department of Health within sixty (60) days of the filing of the hearing request unless all parties to the hearing agree to extend the time for the commencement of the hearing. At such hearing, the hearing officer and any person affected by the proposal being reviewed may conduct reasonable questioning of persons who make relevant factual allegations concerning the proposal. The hearing officer shall require that all persons be sworn before they may offer any testimony at the hearing, and the hearing officer is authorized to administer oaths. Any person so choosing may be represented by counsel at the hearing. A record of the hearing shall be made, which shall consist of a transcript of all testimony received, all documents and other material introduced by any interested person, the staff report and recommendation and such other material as the hearing officer considers relevant, including his own recommendation, which he shall make, after reviewing, studying and analyzing the evidence presented during the hearing, within a reasonable period of time after the hearing is closed, which in no event shall exceed forty-five (45) days. The completed record shall be certified to the State Health Officer, who shall consider only the record in making his decision, and shall not consider any evidence or material which is not included therein. All final decisions regarding the issuance of a certificate of need shall be made by the State Health Officer. The State Health Officer shall make his or her written findings and issue his or her order after reviewing said record. The findings and decision of the State Health Officer shall not be deferred to any later date.
  3. Unless a hearing is held, if review by the State Department of Health concerning the issuance of a certificate of need is not complete with a final decision issued by the State Health Officer within the time specified by rule or regulation, which shall not exceed ninety (90) days from the filing of the application for a certificate of need, the proponent of the proposal may, within thirty (30) days after the expiration of the specified time for review, commence such legal action as is necessary, in the Chancery Court of the First Judicial District of Hinds County or in the chancery court of the county in which the service or facility is proposed to be provided, to compel the State Health Officer to issue written findings and written order approving or disapproving the proposal in question.

HISTORY: Laws, 1979, ch. 451, § 14; Laws, 1980, ch. 493, § 8; Laws, 1982, ch. 482, § 5; Laws, 1983, ch. 484, § 7; Laws, 1984, ch. 492, § 2; Laws, 1985, ch. 534, § 10; Laws, 1986, ch. 437, § 43; Laws, 1988, ch. 421, § 2; Laws, 1993, ch. 467, § 2; Laws, 2016, ch. 412, § 3, eff from and after July 1, 2016.

Editor’s Notes —

Laws of 1982, ch. 482, § 8, as amended by Laws of 1983, ch. 484, § 10, as amended by Laws of 1986, ch. 437, § 49, as amended by Laws of 1986, ch. 500, § 32, provides as follows:

“SECTION 8. In the event Part 123 of Title 42 of the Code of Federal Regulations (CFR) which pertains to the United States Public Service Act is amended so as to permit states to impose fees or assess costs to those defined persons, permitted to and requesting hearings during the course of a review as provided for in Section 41-7-197(1), the commission, or its successor, may, by its rulemaking authority, impose or assess such fees and/or costs as determined to be reasonable by the Secretary upon such persons requesting the herein stated hearings, payable to the commission, or its successor, prior to any such hearing. Such charges, fees and/or costs must be applicable to all persons requesting these hearings and uniform in all cases.”

Amendment Notes —

The 2016 amendment, in (2), in the first sentence, substituted “ten (10) days of the department’s staff recommendation for approval or disapproval of an application” for “twenty (20) days of said notification” at the end of (b), in the second sentence, substituted “shall be commenced by an independent hearing officer” for “shall be conducted by a hearing officer” and added “within sixty (60) days... commencement of the hearing” at the end, in the sixth sentence, inserted “after reviewing... during the hearing” and substituted “is closed, which in no event shall exceed forty-five (45) days” for “is closed and after he has had an opportunity to review, study and analyze the evidence presented during the hearing,” inserted “or her” twice in the next-to-last sentence, and deleted “and any deferral shall result in an automatic order of disapproval” from the end of the last sentence; and in (3), in the first sentence, added “Unless a hearing is held” at the beginning, inserted “with a final decision... Officer” and substituted “shall not exceed ninety (90) days from the filing of the application for a certificate of need, the proponent” for “shall not, to the extent practicable, exceed ninety (90) days, the certificate of need shall not be granted. The proponent” and deleted “new institutional health” preceding “service” and inserted “or facility” thereafter.

Cross References —

Conduct of hearings other than those provided for in this section by the State Department of Health in carrying out its functions under the Health Care Certificate of Need Law of 1979, see §41-7-185.

Waiver of provisions of this section for purposes of certificate of need for construction of the John C. Stennis Memorial Hospital, see §41-7-191.

Provisions of this section waived for the purposes of41-7-191(2)(u), see §41-7-191.

Federal Aspects—

Provisions of the United States Public [Health] Service Act, see 42 USCS §§ 201 et seq.

OPINIONS OF THE ATTORNEY GENERAL

The duties of the State Health Officer in making decisions regarding certificates of need are mandatory. No provision can be found for the State Health Officer to recuse himself from those duties or to delegate them to some other person. 2004 Miss. Op. Att'y Gen. 638.

JUDICIAL DECISIONS

1. In general.

2. Due process.

3. Attorney General opinion.

1. In general.

Mississippi State Department of Health properly allowed an applicant to submit additional information for a certificate of need since it extended the application to the next review period, and the objectors’ right to a public hearing under Miss. Code Ann. §41-7-197(2) was satisfied; even if the Department did not extend the period after subsequent information was given, this was not important since an applicant established the requirements for the certificate of need with the information that had already been received. Open MRI, LLC v. Miss. State Dep't of Health, 939 So. 2d 813, 2006 Miss. App. LEXIS 737 (Miss. Ct. App. 2006).

The Mississippi State Health Department’s use of market share analysis to determine a healthcare provider’s population base in reviewing an application for a certificate of need to establish a cardiac catheterization service was not arbitrary or capricious; the market share analysis is merely statistical method used to evaluate the need for a particular service, and it enables the Mississippi State Department of Health to determine what portion of the service area’s population the applicant is likely to serve. Mississippi State Dep't of Health v. Golden Triangle Regional Medical Center, 603 So. 2d 854 (Miss. 1992).

The Mississippi State Health Department’s use of market share analysis to determine population base in reviewing certificate of need applications is not arbitrary or capricious. HTI Health Services, Inc. v. Mississippi State Dep't of Health, 603 So. 2d 848, 1992 Miss. LEXIS 361 (Miss. 1992).

Section 41-7-197(1) does not mandate actual written notice to “affected persons,” only that the Department of Health should adopt procedures for such notice. Durant v. Humphreys County Memorial Hospital/Extended Care Facility, 587 So. 2d 244, 1991 Miss. LEXIS 672 (Miss. 1991).

2. Due process.

In a case involving a certificate of need, procedural due process rights were not violated where all of the steps under Miss. Code Ann. §41-7-197 were followed; no parties to the proceeding, no health care facilities in the same health care service area, and no others originally noticed, appeared to request a new hearing. The issue of import to satisfy the requirements of the Mississippi State Health Plan was not the specific route, but rather the number of procedures, and notice of a new route was given. Miss. State Dep't of Health v. Baptist Mem. Hospital-DeSoto, Inc., 984 So. 2d 967, 2008 Miss. LEXIS 323 (Miss. 2008).

3. Attorney General opinion.

In a case involving the revocation of two certificates of need (CONs), a hospital was not prejudiced by an opinion from an attorney general because the decision to revoke was based on the conclusion that the hospital had not substantially undertaken to complete the two CONs at issue and that there had been no good faith effort to complete the projects contemplated by the CONs. Brentwood Health Mgmt. of Miss., LLC v. Miss. State Dep't of Health, 29 So.3d 775, 2009 Miss. App. LEXIS 261 (Miss. Ct. App. 2009).

§ 41-7-199. Repealed.

Repealed by Laws, 1983, ch. 484, § 11, eff from and after April 9, 1983.

[Laws, 1979, ch. 451, § 15; Laws, 1980, ch. 493, § 9; Laws, 1982, ch. 482, § 6]

Editor’s Notes —

Former §41-7-199 provided for administrative appeal of any written order concerning issuance of certificate of need.

§ 41-7-201. Appeal of final order pertaining to certificate of need for home health agency or health care facility.

  1. The provisions of this subsection (1) shall apply to any party appealing any final order of the State Department of Health pertaining to a certificate of need for a home health agency, as defined in Section 41-7-173(h)(ix):
    1. In addition to other remedies now available at law or in equity, any party aggrieved by any such final order of the State Department of Health shall have the right of appeal to the Chancery Court of the First Judicial District of Hinds County, Mississippi, which appeal must be filed within thirty (30) days after the date of the final order. Provided, however, that any appeal of an order disapproving an application for such a certificate of need may be made to the chancery court of the county where the proposed construction, expansion or alteration was to be located or the new service or purpose of the capital expenditure was to be located. Such appeal must be filed in accordance with the thirty (30) days for filing as heretofore provided. Any appeal shall state briefly the nature of the proceedings before the State Department of Health and shall specify the order complained of. Any appeal shall state briefly the nature of the proceedings before the State Department of Health and shall specify the order complained of. Any person whose rights may be materially affected by the action of the State Department of Health may appear and become a party or the court may, upon motion, order that any such person, organization or entity be joined as a necessary party.
    2. Upon the filing of such an appeal, the clerk of the chancery court shall serve notice thereof upon the State Department of Health, whereupon the State Department of Health shall, within thirty (30) days or within such additional time as the court may by order for cause allow from the service of such notice, certify to the chancery court the record in the case, which records shall include a transcript of all testimony, together with all exhibits or copies thereof, all pleadings, proceedings, orders, findings and opinions entered in the case; provided, however, that the parties and the State Department of Health may stipulate that a specified portion only of the record shall be certified to the court as the record on appeal.
    3. The court may dispose of the appeal in termtime or vacation and may sustain or dismiss the appeal, modify or vacate the order complained of, in whole or in part, as the case may be; but in case the order is wholly or partly vacated, the court may also, in its discretion, remand the matter to the State Department of Health for such further proceedings, not inconsistent with the court’s order, as, in the opinion of the court, justice may require. The order shall not be vacated or set aside, either in whole or in part, except for errors of law, unless the court finds that the order of the State Department of Health is not supported by substantial evidence, is contrary to the manifest weight of the evidence, is in excess of the statutory authority or jurisdiction of the State Department of Health, or violates any vested constitutional rights of any party involved in the appeal. Provided, however, an order of the chancery court reversing the denial of a certificate of need by the State Department of Health shall not entitle the applicant to effectuate the certificate of need until either:
      1. Such order of the chancery court has become final and has not been appealed to the Supreme Court; or
      2. The Supreme Court has entered a final order affirming the chancery court.
    4. Appeals in accordance with law may be had to the Supreme Court of the State of Mississippi from any final judgment of the chancery court.
  2. The provisions of this subsection (2) shall apply to any party appealing any final order of the State Department of Health pertaining to a certificate of need for any health care facility as defined in Section 41-7-173(h), with the exception of any home health agency as defined in Section 41-7-173(h)(ix):
    1. There shall be a “stay of proceedings” of any final order issued by the State Department of Health pertaining to the issuance of a certificate of need for the establishment, construction, expansion or replacement of a health care facility for a period of thirty (30) days from the date of the order, if an existing provider located in the same service area where the health care facility is or will be located has requested a hearing during the course of review in opposition to the issuance of the certificate of need. The stay of proceedings shall expire at the termination of thirty (30) days; however, no construction, renovation or other capital expenditure that is the subject of the order shall be undertaken, no license to operate any facility that is the subject of the order shall be issued by the licensing agency, and no certification to participate in the Title XVII or Title XIX programs of the Social Security Act shall be granted, until all statutory appeals have been exhausted or the time for such appeals has expired. Notwithstanding the foregoing, the filing of an appeal from a final order of the State Department of Health or the chancery court for the issuance of a certificate of need shall not prevent the purchase of medical equipment or development or offering of institutional health services granted in a certificate of need issued by the State Department of Health.
    2. In addition to other remedies now available at law or in equity, any party aggrieved by such final order of the State Department of Health shall have the right of appeal to the Chancery Court of the First Judicial District of Hinds County, Mississippi, which appeal must be filed within twenty (20) days after the date of the final order. Provided, however, that any appeal of an order disapproving an application for such a certificate of need may be made to the chancery court of the county where the proposed construction, expansion or alteration was to be located or the new service or purpose of the capital expenditure was to be located. Such appeal must be filed in accordance with the twenty (20) days for filing as heretofore provided. Any appeal shall state briefly the nature of the proceedings before the State Department of Health and shall specify the order complained of.
    3. Upon the filing of such an appeal, the clerk of the chancery court shall serve notice thereof upon the State Department of Health, whereupon the State Department of Health shall, within thirty (30) days of the date of the filing of the appeal, certify to the chancery court the record in the case, which records shall include a transcript of all testimony, together with all exhibits or copies thereof, all proceedings, orders, findings and opinions entered in the case; provided, however, that the parties and the State Department of Health may stipulate that a specified portion only of the record shall be certified to the court as the record on appeal. The chancery court shall give preference to any such appeal from a final order by the State Department of Health in a certificate of need proceeding, and shall render a final order regarding such appeal no later than one hundred twenty (120) days from the date of the final order by the State Department of Health. If the chancery court has not rendered a final order within this one-hundred-twenty-day period, then the final order of the State Department of Health shall be deemed to have been affirmed by the chancery court, and any party to the appeal shall have the right to appeal from the chancery court to the Supreme Court on the record certified by the State Department of Health as otherwise provided in paragraph (g) of this subsection. In the event the chancery court has not rendered a final order within the one-hundred-twenty-day period and an appeal is made to the Supreme Court as provided herein, the Supreme Court shall remand the case to the chancery court to make an award of costs, fees, reasonable expenses and attorney’s fees incurred in favor of appellee payable by the appellant(s) should the Supreme Court affirm the order of the State Department of Health.
    4. Any appeal of a final order by the State Department of Health in a certificate of need proceeding shall require the giving of a bond by the appellant(s) sufficient to secure the appellee against the loss of costs, fees, expenses and attorney’s fees incurred in defense of the appeal, approved by the chancery court within five (5) days of the date of filing the appeal.
    5. No new or additional evidence shall be introduced in the chancery court but the case shall be determined upon the record certified to the court.
    6. The court may dispose of the appeal in termtime or vacation and may sustain or dismiss the appeal, modify or vacate the order complained of in whole or in part and may make an award of costs, fees, expenses and attorney’s fees, as the case may be; but in case the order is wholly or partly vacated, the court may also, in its discretion, remand the matter to the State Department of Health for such further proceedings, not inconsistent with the court’s order, as, in the opinion of the court, justice may require. The court, as part of the final order, shall make an award of costs, fees, reasonable expenses and attorney’s fees incurred in favor of appellee payable by the appellant(s) should the court affirm the order of the State Department of Health. The order shall not be vacated or set aside, either in whole or in part, except for errors of law, unless the court finds that the order of the State Department of Health is not supported by substantial evidence, is contrary to the manifest weight of the evidence, is in excess of the statutory authority or jurisdiction of the State Department of Health, or violates any vested constitutional rights of any party involved in the appeal. Provided, however, an order of the chancery court reversing the denial of a certificate of need by the State Department of Health shall not entitle the applicant to effectuate the certificate of need until either:
      1. Such order of the chancery court has become final and has not been appealed to the Supreme Court; or
      2. The Supreme Court has entered a final order affirming the chancery court.
    7. Appeals in accordance with law may be had to the Supreme Court of the State of Mississippi from any final judgment of the chancery court.
    8. Within thirty (30) days from the date of a final order by the Supreme Court or a final order of the chancery court not appealed to the Supreme Court that modifies or wholly or partly vacates the final order of the State Department of Health granting a certificate of need, the State Department of Health shall issue another order in conformity with the final order of the Supreme Court, or the final order of the chancery court not appealed to the Supreme Court.

HISTORY: Laws, 1979, ch. 451, § 16; Laws, 1983, ch. 484, § 8; Laws, 1985, ch. 534, § 11; Laws, 1986, ch. 437, § 44; Laws, 1992, ch. 512 § 1; Laws, 1999, ch. 583, § 3; Laws, 2011, ch. 540, § 1; Laws, 2016, ch. 412, § 4, eff from and after July 1, 2016.

Editor’s Notes —

Laws of 1986, ch. 437, § 51, eff from and after July 1, 1986, amended Laws of 1985, ch. 534, § 15, by deleting the provision which would have repealed this section as of July 1, 1986.

This section, as amended by Section 1 of Chapter 540, Laws of 2011, effective from and after July 1, 2011, was held unconstitutional by the Mississippi Supreme Court in Dialysis Solutions, LLC v. Miss. State Dep’t of Health , 96 So.3d 713 (Miss. 2012). The section as amended in 2011 is published here as there has been no legislative action taken to change the law since the court’s decision. The text of the section in effect prior to the 2011 amendment is quoted below:

“(1) The provisions of this subsection (1) shall apply to any party appealing any final order of the State Department of Health pertaining to a certificate of need for a home health agency, as defined in Section 41-7-173(h)(ix):

“(a) In addition to other remedies now available at law or in equity, any party aggrieved by any such final order of the State Department of Health shall have the right of appeal to the Chancery Court of the First Judicial District of Hinds County, Mississippi, which appeal must be filed within thirty (30) days after the date of the final order. Provided, however, that any appeal of an order disapproving an application for such a certificate of need may be made to the chancery court of the county where the proposed construction, expansion or alteration was to be located or the new service or purpose of the capital expenditure was to be located. Such appeal must be filed in accordance with the thirty (30) days for filing as heretofore provided. Any appeal shall state briefly the nature of the proceedings before the State Department of Health and shall specify the order complained of. Any person whose rights may be materially affected by the action of the State Department of Health may appear and become a party or the court may, upon motion, order that any such person, organization or entity be joined as a necessary party.

“(b) Upon the filing of such an appeal, the clerk of the chancery court shall serve notice thereof upon the State Department of Health, whereupon the State Department of Health shall, within fifty (50) days or within such additional time as the court may by order for cause allow from the service of such notice, certify to the chancery court the record in the case, which records shall include a transcript of all testimony, together with all exhibits or copies thereof, all pleadings, proceedings, orders, findings and opinions entered in the case; provided, however, that the parties and the State Department of Health may stipulate that a specified portion only of the record shall be certified to the court as the record on appeal.

“(c) No new or additional evidence shall be introduced in the chancery court but the case shall be determined upon the record certified to the court.

“(d) The court may dispose of the appeal in termtime or vacation and may sustain or dismiss the appeal, modify or vacate the order complained of in whole or in part as the case may be; but in case the order is wholly or partly vacated, the court may also, in its discretion, remand the matter to the State Department of Health for such further proceedings, not inconsistent with the court’s order, as, in the opinion of the court, justice may require. The order shall not be vacated or set aside, either in whole or in part, except for errors of law, unless the court finds that the order of the State Department of Health is not supported by substantial evidence, is contrary to the manifest weight of the evidence, is in excess of the statutory authority or jurisdiction of the State Department of Health, or violates any vested constitutional rights of any party involved in the appeal. Provided, however, an order of the chancery court reversing the denial of a certificate of need by the State Department of Health shall not entitle the applicant to effectuate the certificate of need until either:

“(i) Such order of the chancery court has become final and has not been appealed to the Supreme Court; or

“(ii) The Supreme Court has entered a final order affirming the chancery court.

“(e) Appeals in accordance with law may be had to the Supreme Court of the State of Mississippi from any final judgment of the chancery court.

“(2) The provisions of this subsection (2) shall apply to any party appealing any final order of the State Department of Health pertaining to a certificate of need for any health-care facility as defined in Section 41-7-173(h), with the exception of any home health agency as defined in Section 41-7-173(h)(ix):

“(a) There shall be a “stay of proceedings” of any final order issued by the State Department of Health pertaining to the issuance of a certificate of need for the establishment, construction, expansion or replacement of a health-care facility for a period of thirty (30) days from the date of the order, if an existing provider located in the same service area where the health-care facility is or will be located has requested a hearing during the course of review in opposition to the issuance of the certificate of need. The stay of proceedings shall expire at the termination of thirty (30) days; however, no construction, renovation or other capital expenditure that is the subject of the order shall be undertaken, no license to operate any facility that is the subject of the order shall be issued by the licensing agency, and no certification to participate in the Title XVIII or Title XIX programs of the Social Security Act shall be granted, until all statutory appeals have been exhausted or the time for such appeals has expired. Notwithstanding the foregoing, the filing of an appeal from a final order of the State Department of Health or the chancery court for the issuance of a certificate of need shall not prevent the purchase of medical equipment or development or offering of institutional health services granted in a certificate of need issued by the State Department of Health.

“(b) In addition to other remedies now available at law or in equity, any party aggrieved by any such final order of the State Department of Health shall have the right of appeal to the Chancery Court of the First Judicial District of Hinds County, Mississippi, which appeal must be filed within twenty (20) days after the date of the final order. Provided, however, that any appeal of an order disapproving an application for such a certificate of need may be made to the chancery court of the county where the proposed construction, expansion or alteration was to be located or the new service or purpose of the capital expenditure was to be located. Such appeal must be filed in accordance with the twenty (20) days for filing as heretofore provided. Any appeal shall state briefly the nature of the proceedings before the State Department of Health and shall specify the order complained of.

“(c) Upon the filing of such an appeal, the clerk of the chancery court shall serve notice thereof upon the State Department of Health, whereupon the State Department of Health shall, within thirty (30) days of the date of the filing of the appeal, certify to the chancery court the record in the case, which records shall include a transcript of all testimony, together with all exhibits or copies thereof, all pleadings, proceedings, orders, findings and opinions entered in the case; provided, however, that the parties and the State Department of Health may stipulate that a specified portion only of the record shall be certified to the court as the record on appeal. The chancery court shall give preference to any such appeal from a final order by the State Department of Health in a certificate of need proceeding, and shall render a final order regarding such appeal no later than one hundred twenty (120) days from the date of the final order by the State Department of Health. If the chancery court has not rendered a final order within this 120-day period, then the final order of the State Department of Health shall be deemed to have been affirmed by the chancery court, and any party to the appeal shall have the right to appeal from the chancery court to the Supreme Court on the record certified by the State Department of Health as otherwise provided in paragraph (g) of this subsection. In the event the chancery court has not rendered a final order within the 120-day period and an appeal is made to the Supreme Court as provided herein, the Supreme Court shall remand the case to the chancery court to make an award of costs, fees, reasonable expenses and attorney’s fees incurred in favor of appellee payable by the appellant(s) should the Supreme Court affirm the order of the State Department of Health.

“(d) Any appeal of a final order by the State Department of Health in a certificate of need proceeding shall require the giving of a bond by the appellant(s) sufficient to secure the appellee against the loss of costs, fees, expenses and attorney’s fees incurred in defense of the appeal, approved by the chancery court within five (5) days of the date of filing the appeal.

“(e) No new or additional evidence shall be introduced in the chancery court but the case shall be determined upon the record certified to the court.

“(f) The court may dispose of the appeal in termtime or vacation and may sustain or dismiss the appeal, modify or vacate the order complained of in whole or in part and may make an award of costs, fees, expenses and attorney’s fees, as the case may be; but in case the order is wholly or partly vacated, the court may also, in its discretion, remand the matter to the State Department of Health for such further proceedings, not inconsistent with the court’s order, as, in the opinion of the court, justice may require. The court, as part of the final order, shall make an award of costs, fees, reasonable expenses and attorney’s fees incurred in favor of appellee payable by the appellant(s) should the court affirm the order of the State Department of Health. The order shall not be vacated or set aside, either in whole or in part, except for errors of law, unless the court finds that the order of the State Department of Health is not supported by substantial evidence, is contrary to the manifest weight of the evidence, is in excess of the statutory authority or jurisdiction of the State Department of Health, or violates any vested constitutional rights of any party involved in the appeal. Provided, however, an order of the chancery court reversing the denial of a certificate of need by the State Department of Health shall not entitle the applicant to effectuate the certificate of need until either:

“(i) Such order of the chancery court has become final and has not been appealed to the Supreme Court; or

“(ii) The Supreme Court has entered a final order affirming the chancery court.

“(g) Appeals in accordance with law may be had to the Supreme Court of the State of Mississippi from any final judgment of the chancery court.

“(h) Within thirty (30) days from the date of a final order by the Supreme Court or a final order of the chancery court not appealed to the Supreme Court that modifies or wholly or partly vacates the final order of the State Department of Health granting a certificate of need, the State Department of Health shall issue another order in conformity with the final order of the Supreme Court, or the final order of the chancery court not appealed to the Supreme Court.”

Amendment Notes —

The 2011 amendment rewrote the section.

The 2016 amendment rewrote the section to revise the procedures for judicial appeals of final orders pertaining to home health agencies or health care facilities.

Cross References —

Applicability of this section to notices of appeals from decisions relative to the licensing of birthing centers, see §41-77-21.

Federal Aspects—

Title XVIII and Title XIX programs of the Social Security Act, see 42 USCS §§ 1395 et seq. and 1396 et seq.

JUDICIAL DECISIONS

1. In general.

2. Constitutionality.

3. Substantial evidence.

4. No reversible error.

1. In general.

Granting to the medical center a certificate of need application to relocate was proper because the medical center demonstrated the deficiencies in its current location and its reasons for needing a new facility, and also provided evidence of its long-term plans and the recommendations of firms regarding the appropriateness of the relocation; the Mississippi State Department of Health’s decision that the current location has exceeded its useful life was not against the manifest weight of the evidence, nor was its decision arbitrary or capricious. St. Dominic-Jackson Mem'l Hosp. v. Miss. State Dep't of Health, 954 So. 2d 505, 2007 Miss. App. LEXIS 245 (Miss. Ct. App. 2007).

Substantial evidence did not exist to support a State Health Department’s issuance of a certificate of need (CON), and the chancellor correctly revoked the CON because a hospital system’s proposal was actually a proposal to add beds, and a different criterion under Miss. Code Ann. §41-7-191 should have been applied; the hospital system admitted that it could not meet the correct criterion. Singing River Hosp. Sys. v. Biloxi Reg'l Med. Ctr., 928 So. 2d 810, 2006 Miss. LEXIS 121 (Miss. 2006).

Decision by the Mississippi State Department of Health to partially grant a certificate of need in an amended relocation application was reversed under Miss. Code Ann. §41-7-201(2)(f) because the appropriate standard of need was not met for a new hospital; the application was not really for a relocation. St. Dominic-Madison County Med. Ctr. v. Madison County Med. Ctr., 2005 Miss. LEXIS 560 (Miss. Sept. 8, 2005), sub. op., op. withdrawn, 928 So. 2d 822, 2006 Miss. LEXIS 224 (Miss. 2006).

Court erred in reversing the Mississippi State Department of Health’s approval of a corporation’s application for a certificate of need for the establishment of a long-term acute care hospital because the corporation’s calculation of average length of stay was supported by substantial evidence under Miss. Code Ann. §41-7-201(2)(f) and was not arbitrary or capricious. Miss. State Dep't of Health v. Rush Care, Inc., 882 So. 2d 205, 2004 Miss. LEXIS 1131 (Miss. 2004).

Certificate of need to establish cardiac catheterization and open-heart surgery services properly granted to hospital where the health department considered both the impact on existing providers and the need for these services to the area; the methodology used to derive market share was not so flawed as to render the decision arbitrary or capricious. Delta Regional Med. Ctr., v. Mississippi State Dep't of Health, 759 So. 2d 1174, 1999 Miss. LEXIS 384 (Miss. 1999).

Supreme Court will not reverse final order of Mississippi State Department of Health unless agency’s decision was arbitrary or capricious. Cain v. Mississippi State Dep't of Health, 666 So. 2d 506, 1995 Miss. LEXIS 621 (Miss. 1995).

The Mississippi State Health Department’s use of market share analysis to determine a healthcare provider’s population base in reviewing an application for a certificate of need to establish a cardiac catheterization service was not arbitrary or capricious; the market share analysis is merely statistical method used to evaluate the need for a particular service, and it enables the Mississippi State Department of Health to determine what portion of the service area’s population the applicant is likely to serve. Mississippi State Dep't of Health v. Golden Triangle Regional Medical Center, 603 So. 2d 854 (Miss. 1992).

The Mississippi State Health Department’s use of market share analysis to determine population base in reviewing certificate of need applications is not arbitrary or capricious. HTI Health Services, Inc. v. Mississippi State Dep't of Health, 603 So. 2d 848, 1992 Miss. LEXIS 361 (Miss. 1992).

2. Constitutionality.

Miss. Code Ann. §41-7-201, purporting to allow a health care provider to appeal the Mississippi State Department of Health’s (MDH) denial of the provider’s application for a certificate of need directly to the supreme court, violated Miss. Const. Art. VI, § 146 because the statute impermissibly conferred original jurisdiction on the supreme court, as, (1) under Miss. Const. Art. I, §§ 1-2, the legislature could not confer jurisdiction on courts not given or authorized to be given by the Mississippi Constitution, (2) the “revisory” appellate jurisdiction conferred on the supreme court in Miss. Const. Art. VI, § 146 applied only to judicial decisions rendered by a tribunal clothed with judicial power, (3) no certificate of need procedure existed at common law, (4) the nature of a certificate of need proceeding was permit-like and often nonadversarial, and (5) the final order of the MDH was issued by the State Health Officer, who was not statutorily required to be an attorney, under Miss. Code Ann. §41-3-5.1, so the MDH lacked the indicia to be considered a tribunal of the character from which the legislature was authorized to grant appeals directly to the supreme court. Dialysis Solutions, LLC v. Miss. State Dep't of Health, 96 So.3d 713, 2012 Miss. LEXIS 307 (Miss. 2012).

3. Substantial evidence.

Judgment awarding a company a certificate of need allowing it to relocate nursing home beds was reversed because the Mississippi State Department of Health did not act arbitrarily or capriciously, outside of its authority, or violate any vested constitutional rights in denying the certificate of need as pursuant to Miss. Code Ann. §41-7-193(1), there was substantial evidence in the record to support the finding that the relocation project was not consistent with the State Health Plan and under Miss. Code Ann. §41-7-201(2)(f), there was substantial evidence showing that the relocation of the nursing home beds would have a significant adverse affect on the ability of an existing facility or service to provide indigent care. State Dep't of Health v. Mid-South Assocs., LLC, 25 So.3d 358, 2009 Miss. App. LEXIS 205 (Miss. Ct. App. 2009), cert. denied, 24 So.3d 1038, 2010 Miss. LEXIS 20 (Miss. 2010).

Mississippi State Department of Health (MSDH) did not err in granting a certificate of need (CON) to a company for the provision of mobile magnetic resonance imaging (MRI) services because, even though a customer terminated its service agreement with the MRI company while the CON application was pending, substantial evidence supported the MSDH’s determination that the MRI company would still be able to perform enough procedures for its remaining customers to meet the annual requirements of the state health plan. Miss. State Dep't of Health v. Baptist Mem. Hospital-DeSoto, Inc., 984 So. 2d 967, 2008 Miss. LEXIS 323 (Miss. 2008).

The granting by the Mississippi State Department of Health of a certificate of need to establish a forty-bed, long-term, acute-care hospital (LTACH) was upheld because under Miss. Code Ann. §41-7-201(2)(f), substantial evidence supported the finding that the applicant met the twin requirements of 450 LTACH admissions with an average length of stay of 25 days. Greenwood Leflore Hosp. v. Miss. State Dep't of Health, 980 So. 2d 931, 2008 Miss. LEXIS 199 (Miss. 2008).

Mississippi State Department of Health did not err when it granted a certificate of need to provide magnetic resonance services to an applicant where the evidence showed that the projected unit would have provided for a minimum number of procedures per year based on information in a state health plan, pursuant to Miss. Code Ann. §41-7-193(1); moreover, there was substantial evidence to show that a full range of services was available, and the Department did not base its decision on faulty financial projections. Open MRI, LLC v. Miss. State Dep't of Health, 939 So. 2d 813, 2006 Miss. App. LEXIS 737 (Miss. Ct. App. 2006).

There was substantial evidence to support the department of health’s decision to grant a hospital a certificate of need (CON) to allow the addition of 81 new acute care beds, because, inter alia, the department staff had weighed and considered all the factors under the Mississippi State Health Plan and the Mississippi Certificate of Need Review Manual general criteria, and the hospital adequately documented the need for the proposed project, based on growth and utilization of facilities and services and an occupancy rate in excess of 70 percent for the most recent two years. St. Dominic-Jackson Mem'l Hosp. v. Miss. State Dep't of Health, 910 So. 2d 1077, 2005 Miss. LEXIS 587 (Miss. 2005).

There was substantial evidence to support the department of health’s decision to grant a hospital a certificate of need (CON) to allow an expansion, because, inter alia, the department staff found that the project was in substantial compliance for the expansion and renovation contained in the Mississippi State Health Plan and the Mississippi Certificate of Need Review Manual, and the need requirement was upheld because of the rapid growth in the types of services offered at the facility, the increased number of physicians on the hospital’s medical staff, and the increase in the demand for ancillary services. St. Dominic-Jackson Mem'l Hosp. v. Miss. State Dep't of Health, 910 So. 2d 1077, 2005 Miss. LEXIS 587 (Miss. 2005).

4. No reversible error.

Mississippi Department of Health (DOH) properly approved a certificate of need (CON) for a behavioral health center to add twenty adolescent psychiatric beds in Warren County, pursuant to Miss. Code Ann. §41-7-191(4)(a)(iii), because a previously approved CON for such beds was never acted upon and, therefore, the exception to the moratorium on adolescent psychiatric beds under §41-7-191(4)(a)(iii) remained available to the DOH; the DOH’s interpretation of § 41-7-191(4)(a)(iii) was reasonable. Diamond Grove Ctr., LLC v. Miss. State Dep't of Health, 98 So.3d 1068, 2012 Miss. LEXIS 506 (Miss. 2012).

In a case involving the revocation of two certificates of need (CONs), although a hearing officer made an improper reference about giving deference to the Mississippi State Department of Health, there was no reversible error because it was clear that the hearing officer acted according to her mandate to make recommended findings of fact and conclusions of law to a state health officer. Brentwood Health Mgmt. of Miss., LLC v. Miss. State Dep't of Health, 29 So.3d 775, 2009 Miss. App. LEXIS 261 (Miss. Ct. App. 2009).

§ 41-7-202. Stay of commission proceedings pending appeal.

There shall be a “stay of proceedings” of any written decision of the State Department of Health pertaining to a certificate of need for a home health agency, as defined in Section 41-7-173(h)(ix), for a period of thirty (30) days from the date of that decision. The stay of proceedings shall expire at the termination of thirty (30) days; however, no license to operate any such home health agency that is the subject of the decision shall be issued by the licensing agency, and no certification for such home health agency to participate in the Title XVIII or Title XIX programs of the Social Security Act shall be granted until all statutory appeals have been exhausted or the time for such appeals has expired. The stay of proceedings provided for in this section shall not apply to any party appealing any final order of the State Department of Health pertaining to a certificate of need for any health-care facility as defined in Section 41-7-173(h), with the exception of any home health agency as defined in Section 41-7-173(h)(ix).

HISTORY: Laws, 1983, ch. 484, § 9; Laws, 1985, ch. 534, § 12; Laws, 1986, ch. 437, § 45; Laws, 1992, ch. 512, § 2, eff from and after passage (approved May 14, 1992).

Editor’s Notes —

Laws of 1986, ch. 437, § 51, eff from and after July 1, 1986, amended Laws of 1985, ch. 534, § 15, by deleting the provision which would have repealed this section as of July 1, 1986.

Federal Aspects—

Provisions of Title XVIII of the Social Security Act, see 42 USCS §§ 1395 et seq.

Provisions of Title XIX of the Social Security Act, see 42 USCS §§ 1396 et seq.

§ 41-7-203. Repealed.

Repealed by Laws, 1983, ch. 484, § 11, eff from and after April 9, 1983.

[Laws, 1979, ch. 451, § 17]

Editor’s Notes —

Former §41-7-203 created the position of administrative appeal judge, and provided for the appointment to fill the position.

§ 41-7-205. Determination of reviewability of proposed project.

An applicant proposing a project which may be governed by the provisions of Section 41-7-171 et seq. may submit a determination of reviewability request to obtain a written declaratory opinion regarding the reviewability of the proposed project. If such opinion is sought, the requestor and department shall abide by the provisions of Section 25-43-2.103 as they are effective on July 1, 2016, except that the department’s response shall be provided within forty-five (45) days of the request.

HISTORY: Laws, 1979, ch. 451, § 11; Laws, 1980, ch. 493, § 10; Laws, 1982, ch. 482, § 7; Laws, 1985, ch. 534, § 13; Laws, 1986, ch. 338; Laws, 1986, ch. 437, § 46; Laws, 1987, ch. 515, § 7; Laws, 1999, ch. 583, § 5; Laws, 2011, ch. 540, § 2; Laws, 2016, ch. 412, § 5, eff from and after July 1, 2016.

Amendment Notes —

The 2011 amendment added (f).

The 2016 amendment rewrote the section, which provided for expedited review of certain projects.

§ 41-7-207. Emergency replacement of facilities; expedited review.

Notwithstanding any other provisions of Sections 41-7-171 through 41-7-209, except when the owner of a damaged health care facility applies to repair or rebuild the facility in accordance with the provisions of Section 41-7-191(13), when the need for any emergency replacement occurs, the certificate of need review process shall be expedited by promulgation of administrative procedures for expenditures necessary to alleviate an emergency condition and restore health care access. Emergency replacement means the replacement, and/or a necessary relocation, of all or the damaged part of the facilities or equipment the replacement of which is not exempt from certificate of need review under the medical equipment replacement exemption provided in Section 41-7-191(1)(f), without which the operation of the facility and the health and safety of patients would be immediately jeopardized and health care access would be denied to such patients. Expenditures under this section shall be limited to the replacement of those necessary facilities or equipment, the loss of which constitutes an emergency; however, in the case of the destruction or major damage to a health care facility, the department shall be authorized to issue a certificate of need to address the current and future health care needs of the community, including, but not limited to, the expansion of the health care facility and/or the relocation of the health care facility. In exercising the authority granted in this section, the department may waive all or part of the required certificate of need application fee for any application filed under this section if the expenditure would create a further hardship or undue burden on the health care facility.

HISTORY: Laws, 1979, ch. 451, § 19; Laws, 1999, ch. 583, § 6; Laws, 2015, ch. 491, § 2, eff from and after passage (approved Apr. 23, 2015).

Amendment Notes —

The 2015 amendment in the first sentence, inserted “except when the owner of a damaged health care facility applies to repair or rebuild the facility in accordance with the provisions of Section 41-7-191(13),” substituted “shall be expedited” for “may be expedited” and inserted “and restore health care access”; in the second sentence, inserted “and/or a necessary relocation, of all or the damaged part of the” and “and health care access would be denied to such patients”; added “however, in the case of the destruction or major damage to a health care facility, the department shall be authorized to issue a certificate of need to address the current and future health care needs of the community, including, but not limited to, the expansion of the health care facility and/or the relocation of the health care facility” to the end of the next-to-last sentence, added the last sentence and made minor stylistic changes throughout.

§ 41-7-209. Violations.

  1. Any person or entity violating the provisions of Sections 41-7-171 through 41-7-209, or regulations promulgated thereunder, by not obtaining a certificate of need, by deviating from the provisions of a certificate of need, or by refusing or failing to cooperate with the State Department of Health in its exercise or execution of its functions, responsibilities and powers shall be subject to the following:
    1. Revocation of the license of a health-care facility or a designated section, component or bed service thereof, or revocation of the license of any other person for which the State Department of Health is the licensing agency. If the State Department of Health lacks jurisdiction to revoke the license of such person, the State Health Officer shall recommend and show cause to the appropriate licensing agency that such license should be revoked.
    2. Nonlicensure by the State Department of Health of a specific or designated bed service offered by the entity or person;
    3. Nonlicensure by the State Department of Health where infractions occur concerning the acquisition or control of major medical equipment;
    4. Revoking, rescinding or withdrawing a certificate of need previously issued.
  2. Violations of Sections 41-7-171 through 41-7-209, or any rules or regulations promulgated in furtherance thereof by intent, fraud, deceit, unlawful design, willful and/or deliberate misrepresentation, or by careless, negligent or incautious disregard for such statutes or rules and regulations, either by persons acting individually or in concert with others, shall constitute a misdemeanor and shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00) for each such offense. Each day of continuing violation shall be considered a separate offense. The venue for prosecution of any such violation shall be in any county of the state wherein any such violation, or portion thereof, occurred.
  3. The Attorney General, upon certification by the State Health Officer, shall seek injunctive relief in a court of proper jurisdiction to prevent violations of Sections 41-7-171 through 41-7-209 or any rules or regulations promulgated in furtherance of Sections 41-7-171 through 41-7-209 in cases where other administrative penalties and legal sanctions imposed have failed to prevent or cause a discontinuance of any such violation.
  4. Major third party payers, public or private, shall be notified of any violation or infraction under this section and shall be requested to take such appropriate punitive action as is provided by law.

HISTORY: Laws, 1979, ch. 451, § 18; Laws, 1980, ch. 493, § 11; Laws, 1981, ch. 484, § 15; Laws, 1986, ch. 437, § 47, eff from and after July 1, 1986.

Cross References —

Applicability of this section to violations of provisions relative to the licensing of birthing centers, see §41-77-23.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

Statewide Health Coordinating Council [Repealed]

§ 41-7-301. Repealed.

Repealed by Laws, 1986, ch. 437, § 48, eff from and after July 1, 1986.

[Laws, 1981, ch. 407, § 1; Laws, 1982, ch. 315, § 1; Laws, 1984, ch. 368, § 1; reenacted, Laws, 1986, ch. 339, § 1]

Editor’s Notes —

Former §41-7-301 created the statewide health coordinating council.

§ 41-7-302. Repealed.

Repealed by Laws, 1987, ch. 515, § 8(7) eff from and after July 1, 1988.

[Laws, 1986, ch. 437, § 52; Laws, 1987, ch. 515, § 8]

Editor’s Notes —

Former Section 41-7-302 related to the establishment of a statewide health coordinating council.

§ 41-7-303. Repealed.

Repealed by Laws, 1986, ch. 437, § 48, eff from and after July 1, 1986.

[Laws, 1981, ch. 407, § 2; Laws, 1982, § 315, § 2; Laws, 1984, ch. 368, § 2; reenacted, Laws, 1986, ch. 339, § 2]

Editor’s Notes —

Former Section 41-7-303 specified the duties and functions of the statewide health coordinating council.

§ 41-7-304. Repealed.

Repealed by Laws, 1987, ch. 515, § 9(3), eff from and after July 1, 1988.

[Laws, 1986, ch. 437, § 53; Laws, 1987, ch. 515, § 9]

Editor’s Notes —

Former Section 41-7-304 related to the duties and functions of the statewide health coordinating council.

§ 41-7-305. Repealed.

Repealed by Laws, 1981, ch. 407, § 5, eff from and after December 31, 1988.

[Laws, 1981, ch. 407, § 3; Laws, 1982, ch. 315, § 3; reenacted, Laws, 1984, ch. 368, § 3; reenacted, Laws, 1986, ch. 339, § 3]

Editor’s Notes —

Former §41-7-305 prohibited members of the commission from voting on matters in which they had an interest, and required disclosure of such interests.

Laws of 1981, ch. 407, § 5, provided for the repeal of this section effective from and after October 1, 1982. Laws of 1982, ch. 315, § 4, extended the repeal date until December 31, 1984. Subsequently, Laws of 1984, ch. 368, § 4, further extended the repeal date until December 31, 1986. Finally, Laws of 1986, ch. 339, § 4, further extended the repeal date until December 31, 1988.

Health Maintenance Organizations [Repealed]

§ 41-7-401. Repealed.

Repealed by Laws, 1995, ch. 613, § 35, eff from and after July 1, 1995.

[Laws, 1986, ch. 483; Laws, 1988, ch. 555; Laws, 1994, ch. 422, § 6]

Editor’s Notes —

Former §41-7-401 related to issuance of certificates of authority for health maintenance organizations. For current provisions relating to health maintenance organizations, see §§83-41-301 et seq.

Chapter 9. Regulation of Hospitals; Hospital Records

Regulation of Hospitals

§ 41-9-1. Declaration of purpose.

The purpose of Sections 41-9-1 through 41-9-39 is to protect and promote the public health by providing for the development, establishment and enforcement of certain standards in the construction, maintenance and operation of hospitals which will insure safe, sanitary and reasonably adequate care and treatment of individuals in hospitals. The Legislature hereby finds that the protection and promotion of the public health requires the measures provided for in said sections.

HISTORY: Codes, 1942, § 7146.5-02; Laws, 1948, ch. 398, § 2; Laws, 2014, ch. 433, § 6, eff from and after July 1, 2014.

Amendment Notes —

The 2014 amendment substituted “41-9-39” for “41-9-35” preceding “is to protect and promote” near the beginning of the first sentence.

Cross References —

Operation and maintenance of ambulance service, see §§41-55-1 et seq.

Air ambulance service districts, see §§41-55-31 et seq.

Evaluation and review of professional health services providers, see §§41-63-1 et seq.

Operation of unit of hospital as birthing center under license issued to hospital, see §41-77-1.

Hospitals licensed under this chapter to provide reasonable access to the Maternal Mortality Review Committee to all relevant medical records associated with a case under committee review, see §41-112-1.

Required reporting of abuse or exploitation of patients and residents of hospitals, see §43-47-37.

Disciplinary action by hospital with respect to physician’s hospital privileges, see §73-25-93.

RESEARCH REFERENCES

ALR.

Validity and construction of statute requiring establishment of “need” as precondition to operation of hospital or other facilities for the care of sick people. 61 A.L.R.3d 278.

Am. Jur.

40A Am. Jur. 2d, Hospitals and Asylums §§ 3-6.

CJS.

41 C.J.S., Hospitals § 7.

Practice References.

Health Care Administration Library (CD-ROM) (LexisNexis).

Health Care Law Sourcebook: A Compendium of Federal Laws, Regulations and Documents Relating to Health Care (Matthew Bender).

JUDICIAL DECISIONS

1. In general.

It was error to affirm a hospital’s decision to deny a doctor’s application for medical-staff privileges because the hospital violated the doctor’s due-process rights and its bylaws when it allowed the credentials committee chair to actively participate in the administrative process; the review hearing procedures established by the bylaws disqualified the committee chair from participating in the deliberation and decision since he participated in the initial adverse credentialing recommendation. Molleston v. River Oaks Hosp., Inc., 195 So.3d 815, 2015 Miss. App. LEXIS 572 (Miss. Ct. App. 2015), cert. denied, 209 So.3d 429, 2016 Miss. LEXIS 296 (Miss. 2016).

The scope of judicial review of a decision by a private hospital, which was licensed pursuant to §41-9-1 to terminate a physician’s staff privileges, was limited to a determination of whether the procedures followed by the hospital violated its own bylaw provisions for due process. Section73-25-93 limits judicial surveillance of hospital disciplinary proceedings to the narrow inquiry of whether the hospital complied with the procedural due process requirements prescribed by its own bylaws. In §73-25-93, the legislature recognized the authority of a licensed hospital to control and regulate its staff privileges. The statute delineates no distinction between private or public hospitals in that it refers to any licensed hospital. Wong v. Garden Park Community Hosp., Inc., 565 So. 2d 550, 1990 Miss. LEXIS 289 (Miss. 1990).

§ 41-9-3. Definitions.

As used in Sections 41-9-1 through 41-9-35:

“Hospital” means a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment and care of individuals suffering from physical or mental infirmity, illness, disease, injury or deformity, or a place devoted primarily to providing obstetrical or other medical, surgical or nursing care of individuals, whether or not any such place be organized or operated for profit and whether any such place be publicly or privately owned. The term “hospital” does not include convalescent or boarding homes, children’s homes, homes for the aged or other like establishments where room and board only are provided, nor does it include offices or clinics where patients are not regularly kept as bed patients.

“Person” means any individual, firm, partnership, corporation, company, association or joint stock association, and the legal successor thereof.

“Governmental unit” means the state, or any county, municipality or other political subdivision or any department, division, board or other agency of any of the foregoing, excluding all federal establishments.

“Licensing agency” means the State Department of Health.

HISTORY: Codes, 1942, § 7146.5-01; Laws, 1948, ch. 398, § 1; Laws, 1979, ch. 451, § 22; Laws, 1986, ch. 437, § 14, eff from and after July 1, 1986.

Editor’s Notes —

The “Vulnerable Adult Act” was changed to the “Vulnerable Persons Act.”

Cross References —

Incorporation of this section’s definition of “hospital” into provisions relative to exemptions from sales tax, see §27-65-111.

State Board of Mental Health powers and duties, see §41-4-7.

Mississippi Health Care Commission Law of 1979, see §§41-7-171 et seq.

Preparation, preservation and disposition of hospital records, see §§41-9-61 et seq.

Ambulatory surgical facility owned or operated by hospital or hospital holding, leasing, or management company, see §41-75-1.

Federal certification of ambulatory surgical facility owned or operated by hospital or hospital holding, leasing, or management company, see §41-75-1.

Ambulatory surgical facility owned or operated by entity or person other than hospital or hospital holding company, see §41-75-1.

“Freestanding” ambulatory surgical facility, see §41-75-1.

“Hospital affiliated” ambulatory surgical facility, see §41-75-1.

Hospital as defined in this section as “care facility” for purposes of Vulnerable Adults Act, see §43-47-5.

Applicability of this section to the disclosure of any and all information board of medical licensure has concerning physician to hospitals, see §73-25-28.

OPINIONS OF THE ATTORNEY GENERAL

Inasmuch as county health departments do not provide care to bed patients, it appears that county health departments are not “hospitals” as defined in Section 41-9-3. Since county health departments are not hospitals, records in the possession of county health departments are not hospital records. 1995 Miss. Op. Att'y Gen. 674.

RESEARCH REFERENCES

Am. Jur.

40A Am. Jur. 2d, Hospitals and Asylums §§ 3-6.

CJS.

41 C.J.S., Hospitals § 7.

§ 41-9-5. Repealed.

Repealed by Laws, 1986, ch. 437, § 48, eff from and after July 1, 1986.

[Codes, 1942, § 7146.5-01; Laws, 1948, ch. 398, § 1; Laws, 1979, ch. 451, § 23; Laws, 1985, ch. 534, § 14; Laws, 1986, ch. 437, § 51]

Editor’s Notes —

Former §41-9-5 authorized the health care commission to delegate its functions.

§ 41-9-7. License.

No person or governmental unit, acting severally or jointly with any other person or governmental unit shall establish, conduct, or maintain a hospital in this state without a license as provided for in Section 41-9-11. No license so granted shall permit, approve or allow child placement activities by any person or governmental unit licensed hereunder.

HISTORY: Codes, 1942, § 7146.5-03; Laws, 1948, ch. 398, § 3.

Cross References —

Temporary licenses, see §41-9-13.

Penalty for operation without license, see §41-9-33.

Injunction against operation without license, see §41-9-35.

Ambulatory surgical facility owned or operated by hospital or hospital holding, leasing, or management company, see §41-75-1.

Federal certification of ambulatory surgical facility owned or operated by hospital or hospital holding, leasing, or management company, see §41-75-1.

Ambulatory surgical facility owned or operated by entity or person other than hospital or hospital holding company, see §41-75-1.

“Hospital affiliated” ambulatory surgical facility, see §41-75-1.

“Freestanding” ambulatory surgical facility, see §41-75-1.

RESEARCH REFERENCES

Am. Jur.

40A Am. Jur. 2d, Hospitals and Asylums §§ 3-6.

CJS.

41 C.J.S., Hospitals § 7.

§ 41-9-9. Application for license [Repealed effective July 1, 2020].

  1. An application for a license shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed under Section 41-9-17. A license, unless suspended or revoked, shall be renewable annually upon payment of a renewal fee of Twenty Dollars ($20.00) for each licensed bed in the hospital, which shall be paid to the licensing agency, with a minimum fee of Five Hundred Dollars ($500.00) per hospital and a maximum fee of Five Thousand Dollars ($5,000.00), and upon filing by the licensee and approval by the licensing agency of an annual report upon such uniform dates and containing such information in such form as the licensing agency prescribes by rule or regulation. Any increase in the fee charged by the licensing agency under this subsection shall be in accordance with the provisions of Section 41-3-65. Each license shall be issued only for the premises and person or persons or other legal entity or entities named in the application and shall not be transferable or assignable except with the written approval of the licensing agency. Licenses shall be posted in a conspicuous place on the licensed premises.
  2. The appropriate licensure fee, according to the schedule herein, shall be paid to the licensing agency and may be paid by check, draft or money order. A license shall not be issued to any hospital until such fee is received by the licensing agency.
  3. A fee known as a “User Fee” shall be applicable and shall be paid to the licensing agency as set out in subsection (2) of this section. Any increase in the fee charged by the licensing agency under this subsection shall be in accordance with the provisions of Section 41-3-65. This user fee shall be assessed for the purpose of the required reviewing and inspections of the proposal of any hospital in which there are additions, renovations, modernizations, expansion, alterations, conversions, modifications or replacement of the entire facility involved in such proposal. This fee includes the reviewing of architectural plans in all steps required. There shall be a minimum user fee of Fifty Dollars ($50.00) and a maximum user fee of Five Thousand Dollars ($5,000.00).

HISTORY: Laws, 2016, ch. 510, § 5, eff from and after July 1, 2016.

§41-9-9. Codes, 1942, § 7146.5-04; Laws, 1948, ch. 398, § 4; Laws, 1984, ch. 315, § 1; Laws, 1986, ch. 500, § 23; Laws, 1998, ch. 433, § 1.

Editor’s Notes —

Laws of 2016, ch. 510, § 65 provides:

“SECTION 65. This act shall stand repealed on July 1, 2020.”

Amendment Notes —

The 2016 amendment added the third sentence of (1) and the second sentence of (3); and made minor stylistic changes.

Cross References —

Ambulatory surgical facility owned or operated by entity or person other than hospital or hospital holding company, see §41-75-1.

Ambulatory surgical facility owned or operated by hospital or hospital holding, leasing, or management company, see §41-75-1.

Federal certification of ambulatory surgical facility owned or operated by hospital or hospital holding, leasing, or management company, see §41-75-1.

“Freestanding” ambulatory surgical facility, see §41-75-1.

“Hospital affiliated” ambulatory surgical facility, see §41-75-1.

RESEARCH REFERENCES

Am. Jur.

13A Am. Jur. Pl & Pr Forms (Rev), Hospitals, Forms 1, 2 (petition or application – for license or permit to establish and operate hospital).

§ 41-9-11. Issuance and renewal of license.

Upon receipt of an application for license and the license fee, the licensing agency shall issue a license if the applicant and hospital facilities meet the requirements established under Sections 41-9-1 through 41-9-35, and the requirements of Section 41-7-173 et seq., where determined by the licensing agency to be applicable. A license, unless suspended or revoked, shall be renewable annually, upon filing by the licensee, and approval by the licensing agency of an annual report upon such uniform dates and containing such information in such form as the licensing agency prescribes by regulation and upon paying the annual fee for such license as determined by the schedule and provisions of Section 41-9-9. Each license shall be issued only for the premises and persons or governmental units named in the application and shall not be transferable or assignable except with the written approval of the licensing agency. Licenses shall be posted in a conspicuous place on the licensed premises.

HISTORY: Codes, 1942, § 7146.5-05; Laws, 1948, ch. 398, § 5; Laws, 1980, ch. 493, § 13; Laws, 1984, ch. 315, § 2; Laws, 1986, ch. 437, § 15, eff from and after July 1, 1986.

Cross References —

Ambulatory surgical facility owned or operated by entity or person other than hospital or hospital holding company, see §41-75-1.

Ambulatory surgical facility owned or operated by hospital or hospital holding, leasing, or management company, see §41-75-1.

Federal certification of ambulatory surgical facility owned or operated by hospital or hospital holding, leasing, or management company, see §41-75-1.

“Freestanding” ambulatory surgical facility, see §41-75-1.

“Hospital affiliated” ambulatory surgical facility, see §41-75-1.

RESEARCH REFERENCES

Am. Jur.

13A Am. Jur. Pl & Pr Forms (Rev), Hospitals, Form 8 (order – by administrative agency – granting license for establishment and operation of hospital).

§ 41-9-13. Issuance of temporary licenses.

The licensing agency may issue temporary licenses under Sections 41-9-1 through 41-9-35 which shall be good for not more than six (6) months.

HISTORY: Codes, 1942, § 7146.5-01; Laws, 1948, ch. 398, § 1; Laws, 1979, ch. 451, § 24; Laws, 1986, ch. 437, § 16, eff from and after July 1, 1986.

Cross References —

Mississippi Health Care Commission Law of 1979, see §§41-7-171 et seq.

§ 41-9-15. Denial or revocation of license; notice, hearings and review.

The licensing agency, after notice and opportunity for hearing to the applicant or licensee, is authorized to deny, suspend or revoke a license in any case in which it finds that there has been a substantial failure to comply with the requirements established under Section 41-9-1 through 41-9-35.

Such notice shall be effected by registered mail, or by personal service, setting forth the particular reasons for the proposed action and a fixing date not less than thirty (30) days from the date of such mailing or service, at which the applicant or licensee shall be given an opportunity for a prompt and fair hearing. On the basis of any such hearing, or upon default of the applicant or licensee, the licensing agency shall make a determination specifying its findings of fact and conclusions of law. A copy of such determination shall be sent by registered mail or served personally upon the applicant or licensee. The decision revoking, suspending or denying the license or application shall become final thirty (30) days after it is so mailed or served, unless the applicant or licensee, within such thirty-day period, appeals the decision, pursuant to Section 41-9-31.

The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the licensing agency. A full and complete record shall be kept of all proceedings, and all testimony shall be reported but need not be transcribed unless the decision is appealed pursuant to Section 41-9-31. Witnesses may be subpoenaed by either party. Compensation shall be allowed to witnesses as in cases in the chancery court. Each party shall pay the expense of his own witnesses. The cost of the record shall be paid by the licensing agency. Any other party desiring a copy of the transcript shall pay therefor the reasonable cost of preparing the same.

HISTORY: Codes, 1942, § 7146.5-06; Laws, 1948, ch. 398, § 6; Laws, 1980, ch. 493, § 14, eff from and after passage (approved May 13, 1980).

Editor’s Notes —

Within sections 41-9-1 through 41-9-35, referred to in this section, Section 41-9-5, was repealed by Laws, 1986, ch. 437, § 48, effective from and after July 1, 1986. Sections 41-9-25 and 41-9-27, were repealed by Laws, 1980, ch. 493, § 22, effective from and after May 13, 1980.

Cross References —

Subpoena for witnesses, generally, see §13-3-93.

RESEARCH REFERENCES

Am. Jur.

1A Am. Jur. Pl & Pr Forms (Rev), Administrative Law, Form 341.2 (complaint, petition, or declaration – by license holder – against administrative agency – to enjoin further proceedings to suspend or revoke license – attempt to suspend or revoke license on grounds not listed in statute authorizing suspension or revocation of license).

13A Am. Jur. Pl & Pr Forms (Rev), Hospitals, Forms 3 et seq. (licensing and regulation).

16A Am. Jur. Pl & Pr Forms (Rev), Licenses and Permits, Form 47 (petition or application – allegation – denial of proper hearing and failure to apprise licensee of complaint against such licensee as grounds for review of revocation of license).

16A Am. Jur. Pl & Pr Forms (Rev), Licenses and Permits, Forms 61-63 (reinstatement).

§ 41-9-17. Rules, regulations and standards.

The licensing agency shall adopt, amend, promulgate and enforce such rules, regulations and standards with respect to all hospitals to be licensed under Section 41-9-11 as may be designed to further the accomplishment of the purposes of Sections 41-9-1 through 41-9-35 in promoting safe and adequate treatment of individuals in hospitals in the interest of public health, safety and welfare. Any rule, regulation or standard adopted hereunder shall be considered as promulgated and effective from and after the time the same is recorded and indexed in a book to be maintained by the licensing agency in its main office in the State of Mississippi, entitled “Minimum Standard of Operation for Mississippi Hospitals.” Said book shall be open and available to all hospitals and the public generally at all reasonable times. Upon the adoption of any such rule, regulation or standard, the licensing agency shall mail copies thereof to all hospitals in the state which have filed with said agency their names and addresses for this purpose, but the failure to mail the same or the failure of the hospital to receive the same shall in nowise affect the validity thereof. No such rules, regulations or standards shall be adopted or enforced which would have the effect of denying a license to a hospital or other institution required to be licensed, solely by reason of the school or system of practice employed or permitted to be employed therein.

HISTORY: Codes, 1942, § 7146.5-07; Laws, 1948, ch. 398, § 7; Laws, 1980, ch. 493, § 15; Laws, 1986, ch. 437, § 17, eff from and after July 1, 1986.

Cross References —

Ambulatory surgical facility owned or operated by entity or person other than hospital or hospital holding company, see §41-75-1.

Ambulatory surgical facility owned or operated by hospital or hospital holding, leasing, or management company, see §41-75-1.

Federal certification of ambulatory surgical facility owned or operated by hospital or hospital holding, leasing, or management company, see §41-75-1.

“Freestanding” ambulatory surgical facility, see §41-75-1.

“Hospital affiliated” ambulatory surgical facility, see §41-75-1.

JUDICIAL DECISIONS

1. In general.

It was error to affirm a hospital’s decision to deny a doctor’s application for medical-staff privileges because the hospital violated the doctor’s due-process rights and its bylaws when it allowed the credentials committee chair to actively participate in the administrative process; the review hearing procedures established by the bylaws disqualified the committee chair from participating in the deliberation and decision since he participated in the initial adverse credentialing recommendation. Molleston v. River Oaks Hosp., Inc., 195 So.3d 815, 2015 Miss. App. LEXIS 572 (Miss. Ct. App. 2015), cert. denied, 209 So.3d 429, 2016 Miss. LEXIS 296 (Miss. 2016).

In an action contending, inter alia, that the refusal of defendant hospital to admit one plaintiff to deliver her baby, allegedly because she was black and indigent, violated §§41-9-1 through41-9-35, the court held that, in general, the statutes were irrelevant to plaintiff’s claims; §41-9-17, the only section that might be interpreted as germane, was inapplicable as imposing no duties which the hospital owed plaintiff but merely establishing an enforcement system for associated regulations the contents of which plaintiff failed to provide proof. Campbell v. Mincey, 413 F. Supp. 16, 1975 U.S. Dist. LEXIS 15069 (N.D. Miss. 1975), aff'd, 542 F.2d 573 (5th Cir. Miss. 1976).

§ 41-9-19. Effective date of rules, regulations or standards.

Any hospital which is in operation at the time of promulgation of any applicable rules, regulations or standards under Section 41-9-17, shall be given a reasonable time, under the particular circumstances not to exceed one year from the date of such promulgation, within which to comply with such rules, regulations or standards.

HISTORY: Codes, 1942, § 7146.5-08; Laws, 1948, ch. 398, § 8.

§ 41-9-21. Inspections and consultations.

The licensing agency shall make or cause to be made such inspections and investigations as it deems necessary. The licensing agency may prescribe by regulations that any licensee or applicant desiring to make specified types of alteration or addition to the facilities or to construct new facilities shall, before commencing such alteration, addition or new construction, submit plans and specifications therefor to the licensing agency for preliminary inspection and approval or recommendations with respect to compliance with the rules, regulations or standards authorized in Section 41-9-17. Necessary conferences and consultations may be provided.

HISTORY: Codes, 1942, § 7146.5-09; Laws, 1948, ch. 398, § 9.

§ 41-9-23. Information confidential.

Information received by the licensing agency through filed reports, inspection, or as otherwise authorized under Sections 41-9-1 through 41-9-35 shall not be disclosed publicly in such manner as to identify individuals, except in a proceeding involving the questions of licensure; however, the licensing agency may utilize statistical data concerning types of services and the utilization of these services for hospitals in performing the statutory duties imposed upon it by Section 41-7-171, et seq. and by Section 41-9-29.

HISTORY: Codes, 1942, § 7146.5-12; Laws, 1948, ch. 398, § 12; Laws, 1984, ch. 362, § 1, eff from and after July 1, 1984.

§§ 41-9-25 and 41-9-27. Repealed.

Repealed by Laws, 1980, ch. 493, § 22, eff from and after May 13, 1980.

[Laws 1948, ch. 398, §§ 10, 11]

Editor’s Notes —

Former §41-9-25 related to the advisory hospital licensing council, appointed by the Mississippi Commission on Hospital Care, to advise and consult with the commission in carrying out its functions.

Former §41-9-27 set out the specific duties of the advisory hospital council.

§ 41-9-29. Annual report of licensing agency.

The licensing agency shall prepare and publish an annual report of its activities and operations under Sections 41-9-1 et seq. A reasonable number of copies of such publication(s) shall be available in the office of the licensing agency to be furnished to persons requesting them, for a nominal fee.

HISTORY: Codes, 1942, § 7146.5-13; Laws, 1948, ch. 398, § 13; Laws, 1986, ch. 437, § 18, eff from and after July 1, 1986.

Cross References —

Use of statistical data collected under this section, see §41-9-23.

§ 41-9-31. Judicial review.

Any applicant or licensee aggrieved by the decision of the licensing agency after a hearing may, within thirty (30) days after the mailing or serving of notice of the decision as provided in Section 41-9-15, file a notice of appeal in the chancery court of the First Judicial District of Hinds County or the chancery court of the county in which the hospital is located or to be located, and the chancery clerk thereof shall serve a copy of the notice of appeal upon the licensing agency. Thereupon the licensing agency shall, within sixty (60) days or such additional time as the court may allow from such notice, certify and file with the court a copy of the record and decision, including the transcript of the hearings, on which the decision is based. Findings of fact by the licensing agency shall be conclusive unless substantially contrary to the weight of the evidence. However, upon good cause shown, the court may remand the case to the licensing agency to take further evidence, and the licensing agency may thereupon affirm, reverse or modify its decision. The court may affirm, modify or reverse the decision of the licensing agency, and either the applicant or licensee or the licensing agency may appeal from this decision to the Supreme Court as in other cases in the chancery court. Pending final disposition of the matter of the status quo of the applicant or licensee shall be preserved, except as the court otherwise orders in the public interest. Rules with respect to court costs in other cases in chancery shall apply equally to cases hereunder.

HISTORY: Codes, 1942, § 7146.5-14; Laws, 1948, ch. 398, § 14; Laws, 1980, ch. 493, § 16; Laws, 1986, ch. 437, § 19, eff from and after July 1, 1986.

Cross References —

Denial or revocation of license, see §41-9-15.

Effect of appeal on finality of decision, see §41-9-15.

RESEARCH REFERENCES

Am. Jur.

1A Am. Jur. Pl & Pr Forms (Rev), Administrative Law, Form 341.2 (complaint, petition, or declaration – by license holder – against administrative agency – to enjoin further proceedings to suspend or revoke license – attempt to suspend or revoke license on grounds not listed in statute authorizing suspension or revocation of license).

16A Am. Jur. Pl & Pr Forms (Rev), Licenses and Permits, Forms 21 et seq. (grant or refusal of license).

16A Am. Jur. Pl & Pr Forms (Rev), Licenses and Permits, Forms 41 et seq. (revocation, suspension, and reinstatement of licenses).

§ 41-9-33. Penalties.

Any person establishing, conducting, managing or operating any hospital without a license as provided for in Section 41-9-11 shall be guilty of a misdemeanor, and upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00) for the first offense and not more than One Thousand Dollars ($1,000.00) for each subsequent offense. Each day of a continuing violation after conviction shall be considered a separate offense.

HISTORY: Codes, 1942, § 7146.5-15; Laws, 1948, ch. 398, § 15; Laws, 1980, ch 493, § 17, eff from and after passage (approved May 13, 1980).

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 41-9-35. Injunction.

Notwithstanding the existence or pursuit of any other remedy, the licensing agency, may in the manner provided by law, upon the advice of the Attorney General who, except as otherwise authorized in Section 7-5-39, shall represent the licensing agency in the proceedings, maintain an action in the name of the state for an injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management or operation of a hospital without a license as provided for in Section 41-9-11.

HISTORY: Codes, 1942, § 7146.5-16; Laws, 1948, ch. 398, § 16; Laws, 2012, ch. 546, § 15, eff from and after July 1, 2012.

Amendment Notes —

The 2012 amendment inserted “except as otherwise authorized in Section 7-5-39” near the middle.

Cross References —

Injunctions, generally, see §§11-13-1 et seq.

Injunction against unlicensed practice of profession, see §73-51-1.

§ 41-9-37. Paid educational leave for hospital employees.

    1. A hospital may grant paid educational leave to those applicants it deems qualified therefor, upon such terms and conditions as it may impose and as provided for in this section.
    2. In order to be eligible for paid educational leave, an applicant must:
      1. Be working at the sponsoring hospital at the time of application;
      2. Attend any college or school approved and designated by the sponsoring hospital; and
      3. Agree to work in a health-care occupation as a licensed practical nurse, registered nurse, nurse practitioner, speech pathologist, occupational therapist, physical therapist or other health-care professional in the sponsoring hospital for a period of time equivalent to the period of time for which the applicant receives paid educational leave compensation, calculated to the nearest whole month, but in no event less than two (2) years.
      1. Before being granted paid educational leave, each applicant shall enter into a contract with the sponsoring hospital agreeing to the terms and conditions upon which the paid educational leave shall be granted. The contract shall include such terms and provisions necessary to carry out the full purpose and intent of this section. The contract shall be signed by the administrator of the sponsoring hospital and the recipient of paid educational leave compensation. If the recipient is a minor, his or her minority disabilities shall be removed by a chancery court of competent jurisdiction before the contract is signed.
      2. The sponsoring hospital shall have the authority to cancel any contract made between it and any recipient for paid educational leave upon such cause being deemed sufficient by the administrator of the hospital.
      3. The sponsoring hospital is vested with full and complete authority and power to sue in its own name any recipient for any balance due to the hospital on any such uncompleted contract. The sponsoring hospital may contract with a collection agency or banking institution for collection of any balance due to the hospital from any recipient. The sponsoring hospital and its employees and, if applicable, its board of trustees are immune from any suit brought in law or equity for actions taken by the collection agency or banking institution incidental to or arising from their performance under the contract. The sponsoring hospital, collection agency and banking institution may negotiate for the payment of a sum that is less than full payment in order to satisfy any balance the recipient owes.
      4. Failure to meet the terms of an educational loan contract shall be grounds for revocation of the professional license that was earned through the paid educational leave compensation granted under this section.
      5. A finding by the sponsoring hospital of a default by the recipient shall be a finding of unprofessional conduct and, therefore, a basis for the revocation of the professional license that was obtained through the educational leave program. A finding by the sponsoring hospital of default shall be a disciplinary action, not a collection action, and shall not be affected by the recipient declaring bankruptcy.
      6. Notice of pending default status, the consequences of a default and the hearing to determine the pending default status shall be mailed by the sponsoring hospital to the recipient at the last known address.
      7. The sponsoring hospital shall conduct a hearing of pending default status, make a final determination, and, if appropriate, issue a finding of default.
      8. Recipients may appear at the hearing of pending default status, either personally or through counsel, or both, and produce and cross-examine witnesses or evidence in the recipient’s behalf. The procedure of the hearing shall not be bound by the Mississippi Rules of Civil Procedure and Evidence.
      9. If at the hearing a recipient is found to be in default, a copy of the finding of default shall be forwarded to the appropriate licensing agency.
      10. Appeals from a finding of default made by the sponsoring hospital shall be to the circuit court of the county in which the hospital is located.
      11. Rules and regulations governing the hearing of pending default status and other applicable matters shall be promulgated by the sponsoring hospital.
      12. Any person who is subject to the revocation of his or her professional license for not meeting the terms of an educational loan contract may appear before the appropriate licensing agency to show mitigating circumstances for failure to meet the terms of the contract, and may appeal any revocation of his or her professional license under the laws applicable to the licensing agency.
      13. A license that has been revoked under this section shall be reinstated upon a showing of proof that the recipient is no longer in default.
      14. These procedures shall only be applicable to educational leave contracts entered into under this section and shall not apply to educational leave contracts entered into with any state health institution pursuant to Section 37-101-291 or Section 37-101-293, as amended.
    1. Any recipient who is granted paid educational leave by a hospital shall be compensated by the sponsoring hospital during the time the recipient is in school, at the rate of pay received by a nurse’s aide employed at the hospital. All educational leave compensation received by the recipient while in school shall be considered earned conditioned upon the fulfillment of the terms and obligations of the educational leave contract and this section. However, no recipient of full-time educational leave shall accrue personal or major medical leave while the recipient is on paid educational leave. Recipients of paid educational leave shall be responsible for their individual costs of tuition and books.
    2. Paid educational leave shall be granted only upon the following conditions:
      1. The recipient shall fulfill his or her obligation under the contract with the sponsoring hospital by working as a licensed practical nurse, registered nurse, nurse practitioner, speech pathologist, occupational therapist, physical therapist or other health-care professional. The total compensation that the recipient was paid while on educational leave shall be considered as unconditionally earned on an annual pro rata basis for each year of service rendered under the educational leave contract as a health-care professional in the sponsoring hospital.
      2. If the recipient does not work as a licensed practical nurse, registered nurse, nurse practitioner, speech pathologist, occupational therapist, physical therapist or other health-care professional in the sponsoring hospital for the period required under this section, the recipient shall be liable for repayment on demand of the remaining portion of the compensation that the recipient was paid while on paid educational leave that has not been unconditionally earned, with interest accruing at ten percent (10%) per annum from the recipient’s date of graduation or the date that the recipient last worked at the sponsoring hospital, whichever is the later date. In addition, there shall be included in any contract for paid educational leave a provision for liquidated damages equal to Five Thousand Dollars ($5,000.00), which may be reduced on a pro rata basis for each year served under the contract.
      3. If any recipient fails or withdraws from school at any time before successfully completing his or her health-care training, the recipient shall be liable for repayment on demand of the amount of the total compensation that the recipient was paid while on paid educational leave, with interest accruing at ten percent (10%) per annum from the date the recipient failed or withdrew from school. However, the recipient shall not be liable for liquidated damages, and if the recipient returns to work at the sponsoring hospital in the same position held at the hospital before accepting educational leave, or a position approved by the hospital, the recipient shall not be liable for payment of any interest on the amount owed.
      4. The issuance and renewal of the professional license required to work as a licensed practical nurse, registered nurse, nurse practitioner, speech pathologist, occupational therapist, physical therapist or other health-care professional for which the educational leave was granted shall be contingent upon the repayment of the total compensation that the recipient received while on paid educational leave. Failure to meet the terms of an educational loan contract shall be grounds for revocation of the professional license that was earned through the paid educational leave compensation granted under this section. Any individual who receives any amount of paid educational leave compensation while in school and subsequently receives a professional license shall be deemed to have earned the professional license through paid educational leave. Any person who is subject to the revocation of his or her professional license for not meeting the terms of an educational loan contract may appear before the appropriate licensing agency to show mitigating circumstances for failure to meet the terms of the contract, and may appeal any revocation of his or her professional license under the laws applicable to the licensing agency.
      5. These procedures shall only apply to educational leave contracts entered into under this section and shall not apply to educational leave contracts entered into with any state institution pursuant to Section 37-101-291 or Section 37-101-293, as amended.

HISTORY: Laws of 2003, ch. 487, § 1, eff from and after July 1, 2003.

Editor’s Notes —

Laws, 2003, ch. 487, § 2 provides:

“SECTION 2. Section 1 of this act shall be codified in Chapter 9 of Title 41, Mississippi Code of 1972.”

§ 41-9-39. Hospitals to offer influenza immunizations to all inpatients age sixty-five or older.

  1. Each year from October 1 through March 1 and in accordance with the latest recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, each hospital shall offer, prior to discharge, immunizations against influenza virus to all inpatients sixty-five (65) years of age and older unless contraindicated and contingent upon the availability of the vaccine.
  2. Any hospital, or employee thereof, shall be immune from civil liability for any personal injury as a result of complying or not complying with the requirements of subsection (1) if the hospital or employee’s action or failure to act do not amount to willful or wanton misconduct or gross negligence.

HISTORY: Laws, 2014, ch. 433, § 5, eff from and after July 1, 2014.

Reimbursement for Trauma Care Service

§ 41-9-51. Hospitals authorized to charge patient for reasonable cost of activating trauma care services under certain circumstances; reimbursement by health-care insurer.

Any hospital that reasonably activates a trauma care team in response to a request for trauma care services may charge the patient for the reasonable cost of activating those services and shall be reimbursed for those services by the health care insurer by assignment from the patient or from the patient. That cost shall be reimbursed regardless of whether services were actually rendered to the patient, and those trauma care services shall be deemed as a matter of law to have been medical services provided to the patient.

HISTORY: Laws, 2008, ch. 549, § 8; reenacted without change, Laws, 2011, ch. 545, § 1, eff from and after July 1, 2011.

Editor’s Notes —

Laws of 2011, ch. 545, § 8, effective July 1, 2011, amended Laws of 2008, ch. 549, § 9, to extend the date of the repealer for this section from July 1, 2011, until July 1, 2014. Subsequently, Laws of 2011, ch. 531, § 2, effective July 2, 2011, repealed Laws of 2008, ch. 549, § 9, to delete the repealer for this section.

Amendment Notes —

The 2011 amendment reenacted the section without change.

Hospital Records — Preparation, Preservation and Destruction

§ 41-9-61. Definitions.

As used in Sections 41-9-61 through 41-9-83:

“Hospital” shall have the meaning ascribed thereto by Section 41-9-3, regardless of the type of ownership or form of management or organization of the institution, and it shall include the proprietor and operator thereof.

“Hospital records” shall mean, without restriction, those medical histories, records, reports, summaries, diagnoses and prognoses, records of treatment and medication ordered and given, notes, entries, X-rays and other written or graphic data prepared, kept, made or maintained in hospitals that pertain to hospital confinements or hospital services rendered to patients admitted to hospitals or receiving emergency room or outpatient care. Such records shall also include abstracts of the foregoing data customarily made or made as provided in Section 41-9-75. Such records shall not, however, include ordinary business records pertaining to patients’ accounts or the administration of the institution nor shall “hospital records” include any records consisting of nursing audits, physician audits, departmental evaluations or other evaluations or reviews which are used only for in-service education programs, or which are required only for accreditation or for participation in federal health programs.

“Patient” shall mean outpatients, inpatients, persons dead on arrival, and the newborn.

“Retirement,” or variations thereof, shall mean the withdrawal from current files of hospital records, business records or parts thereof on or after the expiration of the applicable minimum period of retention established pursuant to Section 41-9-69. However, no hospital record, business record, or parts thereof, shall be subject to retirement where otherwise required by law to be kept as a permanent record.

“Licensing agency” shall mean the State Department of Health.

“Business records” shall mean all those books, ledgers, records, papers and other documents prepared, kept, made or received in hospitals that pertain to the organization, administration or management of the business and affairs of hospitals, but which do not constitute hospital records as hereinabove defined.

HISTORY: Codes, 1942, § 7146-51; Laws, 1962, ch. 411, § 1; Laws, 1975, ch. 353; Laws, 1980, ch. 493, § 18; Laws, 1986, ch. 437, § 20, eff from and after July 1, 1986.

Cross References —

Limitations on charges permitted for photocopying patients’ records by medical provider; physicians to make reasonable charges for depositions, see §11-1-52.

Health care commission, see §§41-7-171 et seq.

Licensing agency for hospitals, see §41-9-3.

Business records of hospitals, see §41-9-81.

Use of hospital records in trials and administrative hearings, see §§41-9-101 et seq.

Evaluation and review of professional health services providers, see §§41-63-1 et seq.

RESEARCH REFERENCES

ALR.

Admissibility of hospital record relating to intoxication or sobriety of patient. 38 A.L.R.2d 778.

Admissibility of hospital record relating to cause or circumstances of accident or incident in which patient sustained injury. 44 A.L.R.2d 553.

Admissibility of hospital record relating to physician’s opinion as to whether patient is malingering or feigning injury. 55 A.L.R.2d 1031.

Admissibility in civil action of electroencephalogram, electrocardiogram, or other record made by instrument used in medical test, or of report based upon such test. 66 A.L.R.2d 536.

Discovery of hospital’s internal records or communications as to qualifications or evaluations of individual physician. 81 A.L.R.3d 944.

§ 41-9-63. Hospitals required to prepare and maintain hospital records.

All hospitals, their officers or employees and medical and nursing personnel practicing therein, shall with reasonable promptness prepare, make and maintain true and accurate hospital records complying with such methods and minimum standards as may be prescribed from time to time by rules and regulations adopted by the licensing agency.

HISTORY: Codes, 1942, § 7146-52; Laws, 1962, ch. 411, § 2, eff 60 days from and after passage (approved March 28, 1962).

JUDICIAL DECISIONS

1. Preference card.

Probative value of the doctor’s preference card, had it been produced, would have been to establish that the doctor in fact specified the anti-embolic stockings, or that he did not; however, the trial court found that the stockings had not been used in the mother’s surgery; therefore, the son met his burden of proof to show that the stockings were not used and was unharmed by the absence of the preference card. Young v. Univ. of Miss. Med. Ctr., 914 So. 2d 1272, 2005 Miss. App. LEXIS 904 (Miss. Ct. App. 2005).

§ 41-9-64. Electronic medical records containing electronic signature deemed signed.

An electronic medical record or medical order containing an electronic signature is considered to be signed as a matter of law, if the electronic signature is affixed or verified in conformity with a reasonable security procedure for the purpose of verification of electronic signatures.

HISTORY: Laws, 2000, ch. 441, § 1, eff from and after passage (approved Apr. 18, 2000).

§ 41-9-65. Hospital records constitute hospital property subject to reasonable access.

  1. Hospital records are and shall remain the property of the various hospitals, subject however to reasonable access to the information contained in the records upon good cause shown by the patient, his personal representatives or heirs, his attending medical personnel and his duly authorized nominees, and upon payment of any reasonable charges for that service. Nothing in this section shall be construed to deny access to hospital records by representatives and officials of the State Department of Health, in the discharge of their official duties, under Sections 41-3-15, 41-23-1 and 41-23-2.
  2. Nothing in this section shall be construed to prevent an heir from obtaining access to a decedent’s medical records under Section 41-10-3.

HISTORY: Codes, 1942, § 7146-53; Laws, 1962, ch. 411, § 3; Laws, 1988, ch. 557, § 4; Laws, 2009, ch. 524, § 2, eff from and after July 1, 2009.

Amendment Notes —

The 2009 amendment added (2) and designated the former provisions of the section as (1); and in (1), substituted “information contained in the records” for “information contained therein” and made minor stylistic changes.

Cross References —

Limitations on charges permitted for photocopying patients’ records by medical provider; physicians to make reasonable charges for depositions, see §11-1-52.

Exemption of certain hospital records from requirement of public access, see §41-9-68.

RESEARCH REFERENCES

ALR.

Discovery of hospital’s internal records or communications as to qualifications or evaluations of individual physician. 81 A.L.R.3d 944.

JUDICIAL DECISIONS

1. In general.

Trial court did not err by granting the corporations summary judgment on the issue of standing in the law firm’s anti-trust lawsuit, as the law firm’s clients only had standing to object to any fees associated with retrieval of their medical records under Miss. Code Ann. §41-9-65, and the law firm was not a real party in interest under Miss. R. Civ. P. 17(a). Owen & Galloway, L.L.C. v. Smart Corp., 913 So. 2d 174, 2005 Miss. LEXIS 836 (Miss. 2005).

In light of the highly personal nature of a patient’s medical and hospital records and of the problems that could result from their improper release, a hospital properly refused to reproduce and release voluminous patient records when it received only a form request and offer to pay for “reasonable access”; a reasonable response would be to allow access if representatives of the requesting facility appeared personally at the hospital, checked the records, and indicated those for which they would be willing to pay for copies. Young v. Madison General Hospital, 337 So. 2d 931, 1976 Miss. LEXIS 1600 (Miss. 1976).

§ 41-9-67. Hospital records not public records; privileged communications rule not impaired.

Except as otherwise provided by law, hospital records shall not constitute public records, and nothing contained in Sections 41-9-61 through 41-9-83 shall be deemed to impair any privilege of confidence conferred by law or the Mississippi Rules of Evidence on patients, their personal representatives or heirs, by Section 13-1-21, Mississippi Code of 1972.

HISTORY: Codes, 1942, § 7146-59; Laws, 1962, ch. 411, § 9; Laws, 1991, ch. 573, § 109, eff from and after August 14, 1991 (the date the United States Attorney General stated that this amendment was not subject to preclearance under the Voting Rights Act).

Editor’s Notes —

The United States Attorney General, by letter dated August 14, 1991, stated that the amendment to §41-9-67 by Laws of 1991, ch. 573, § 109, is not a change which affects voting, and therefore, is not subject to Section 5 preclearance under the Voting Rights Act of 1965.

Cross References —

Exemption of certain hospital records from requirement of public access, see §41-9-68.

Confidentiality and inspection of hospital records of civilly committed patients, see §41-21-97.

RESEARCH REFERENCES

Am. Jur.

22 Am. Jur. Proof of Facts 2d 1, Medical Malpractice – Use of Hospital Records.

38 Am. Jur. Proof of Facts 2d 145, Foundation for Admissibility of Hospital Records and X-rays.

36 Am. Jur. Trials 695, Obtaining, Organizing and Abstracting Medical Records for Use in a Lawsuit.

JUDICIAL DECISIONS

1. In general.

In light of the highly personal nature of the patient’s medical and hospital records and of the problems that could result from their improper release, a hospital properly refused to reproduce and release voluminous patient records when it received only a form request and offer to pay for “reasonable access”; a reasonable response would be to allow access if representatives of the requesting facility appeared personally at the hospital, checked the records, and indicated those for which they would be willing to pay for copies. Young v. Madison General Hospital, 337 So. 2d 931, 1976 Miss. LEXIS 1600 (Miss. 1976).

An injured automobile passenger waived his patient-doctor privilege as to communication and hospital records when he put on the stand a doctor who was in possession of the records which he had secured for use in connection with his testimony, and the doctor’s testimony indicated that the record was used by him on the witness stand. Knighton v. Knighton, 253 So. 2d 846, 1971 Miss. LEXIS 1234 (Miss. 1971).

§ 41-9-68. Certain hospital records exempt from requirement of public access.

  1. Except as otherwise provided in subsection (2) of this section, records maintained by public hospitals shall be exempt from the provisions of the Mississippi Public Records Act of 1983.
  2. The following records of public hospitals shall not be exempt from the Mississippi Public Records Act of 1983:
    1. The official minutes of the board of trustees of a public hospital;
    2. Financial reports not otherwise exempt that are required by state or federal statute or regulation to be filed with the owner of the public hospital or with any other agency of state or federal government; and
    3. Any other record maintained by a public hospital that does not fall within the definition of the term “hospital records” as that term is defined in Section 41-9-61, except for the following records, which shall be exempt:
      1. Records directly relating to the terms of any potential or current employment or services agreement with any physicians or other employees of a public hospital, including any application for medical staff privileges or membership with a public hospital;
      2. Records directly relating to the credentialing, health, performance, salary, raises or disciplinary action of any employee or medical staff member or applicant for medical staff privileges at a public hospital;
      3. Records directly relating to prospective strategic business decisions of a public hospital, including without limitation, decisions to open a new service line, implement capital improvements, or file applications for certificates of need or determinations of nonreviewability with the State Department of Health; and
      4. Records directly relating to individual patient billing and collection information.

HISTORY: Laws, 1983, ch. 424, § 18; Laws, 2015, ch. 484, § 8, eff from and after Jan. 1, 2016.

Editor’s Notes —

The Mississippi Public Records Act of 1983, referred to in this section, is Laws of 1983, ch. 424, §§ 1-9, which appears as §§25-61-1 et seq.

Amendment Notes —

The 2015 amendment, effective January 1, 2016, in (1), inserted “Except as otherwise provided in subsection (2) of this section” and deleted “except the official minutes of the board of trustees, and financial reports filed as required by statute with the board of supervisors or municipal authorities or any other agency of government” following “by public hospitals” and added (2).

Cross References —

Provision that the board of trustees of a community hospital shall comply with this section, see §41-13-35.

Confidentiality and inspection of hospital records of civilly committed patients, see §41-21-97.

OPINIONS OF THE ATTORNEY GENERAL

Whether county emergency medical service records, including health conditions of persons injured in an accident, constituted exempt “hospital records” under Section 41-9-68 or were otherwise privileged under Section 13-1-21 is a factual question. 2005 Miss. Op. Att'y Gen. 595.

§ 41-9-69. Period of retention of hospital records.

  1. Hospital records shall be retained, preserved and properly stored by hospitals for such periods of reasonable duration as may be prescribed in rules and regulations adopted by the licensing agency. Such rules and regulations may provide for different periods of such retention for the various constituent parts of any hospital records, and such rules and regulations may require that an abstract be made of pertinent data from any hospital records that may be retired as provided herein. Such rules and regulations may also provide for different periods of such retention for the various injuries, diseases, infirmities or conditions primarily causing or associated with the hospitalization. However, complete hospital records shall be retained for a period after discharge of the patient of at least (a) seven (7) years in cases of patients discharged at death, except as may be otherwise hereinafter provided; (b) ten (10) years in cases of adult patients of sound mind at the time of discharge, except as may be otherwise hereinafter provided; (c) for the period of minority or other known disability of the patient plus seven (7) additional years, but not to exceed twenty-eight (28) years, in cases of patients under disability of minority or otherwise; or (d) for the period of minority or other known disability of any survivors hereinafter mentioned plus seven (7) additional years, but not to exceed twenty-eight (28) years, in all cases where the patient was discharged at death, or is known by the hospital to have died within thirty (30) days after discharge, and the hospital knows or has reason to believe that such patient or former patient left one or more survivors under disability of minority or otherwise who are or are claimed to be entitled to damages for wrongful death of the patient under Section 11-7-13, or laws amendatory thereof. Upon the expiration of the applicable period of retention, any hospital may retire the hospital record.
  2. X-ray film and any other graphic data may be retired four (4) years after the date of exposure of the X-ray film or creation of the graphic data if the written and signed findings of a radiologist who has read such X-ray film or other professional who has interpreted such graphic data are retained for the same period as other hospital records under the preceding subsection. However, before X-ray film or graphic data is retired, the signature of the patient or his representative consenting to the retirement of X-rays or graphic data shall be on file, or the hospital, by certified letter, return receipt requested, shall advise the patient or his representative of its intent to retire the X-ray film or graphic data. The letter shall be mailed to the last known address of the patient or the patient’s representative as reflected in the hospital’s records. The patient or his representative shall have sixty (60) days from the date of the hospital’s letter to request in writing that the X-ray film or graphic data be maintained by the hospital for the same period as hospital records under the preceding subsection. If such request is received by the hospital within sixty (60) days from the date of its letter, the hospital shall abide by such request. Otherwise, the hospital may retire such X-ray film or graphic data as it chooses.

HISTORY: Codes, 1942, § 7146-54; Laws, 1962, ch. 411, § 4; Laws, 1973, ch. 301, § 1; Laws, 1981, ch. 450, § 1; Laws, 1990, ch. 369, § 1; Laws, 1991, ch. 380, § 1, eff from and after July 1, 1991.

Cross References —

Early retirement of records with consent of patient and physician, see §41-9-71.

Extension of period of retention of records, see §41-9-73.

OPINIONS OF THE ATTORNEY GENERAL

Because in-house treatment is provided by some regional health centers, such centers must fulfill statutory record retention requirements dealing with hospital records. 1992 Miss. Op. Att'y Gen. 257.

Section 41-9-69 does not regulate the retention of records by county health departments. Section 25-59-21 would govern the retention and destruction of these records. 1995 Miss. Op. Att'y Gen. 674.

§ 41-9-71. Early retirement of hospital records on consent of patient and physician.

Any hospital may, in its discretion, retire any hospital record or part thereof prior to the expiration of the period of retention established in Section 41-9-69 upon the written consent of the patient involved, if he be an adult and of sound mind, and the consent of the attending physician, if he be alive. If the attending physician be not alive, such records or part thereof may be so retired upon the written consent of such patient. However, in no event shall any consent be valid if given within one (1) year from the date of discharge.

HISTORY: Codes, 1942, § 7146-55; Laws, 1962, ch. 411, § 5, eff 60 days from and after passage (approved March 28, 1962).

Cross References —

Period of retention of records, see §41-9-69.

§ 41-9-73. Retention of hospital records for longer periods.

Any hospital may retain, preserve and store hospital records for such longer periods as in its discretion it may find proper or as may be required by any court of competent jurisdiction.

HISTORY: Codes, 1942, § 7146-56; Laws, 1962, ch. 411, § 6, eff 60 days from and after passage (approved March 28, 1962).

Cross References —

Period of retention of records, see §41-9-69.

§ 41-9-75. Abstracts of hospital records; destruction of originals.

Upon retirement of any hospital record or part thereof, the hospital shall cause an abstract to be made of any pertinent data where so required by the rules and regulations of the licensing agency, or as the hospital in its discretion may find proper. The hospital record or part thereof so retired shall be destroyed or otherwise disposed of by burning, shredding or other effective method in keeping with the confidential nature of its contents.

HISTORY: Codes, 1942, § 7146-57; Laws, 1962, ch. 411, § 7; Laws, 1981, ch. 450, § 2, eff from and after July 1, 1981.

§ 41-9-77. Reproduction of hospital records.

Any hospital may, in its discretion, cause any hospital record or part thereof to be reproduced on film or in any other acceptable form of medium, as determined by the licensing agency, which shall include, but not be limited to, microfilming, photographing, photostating, storage on optical disks, or any other form of electronic or digital media. After the records have been reproduced, the hospital may retire the original documents so reproduced. Any such reproduction or copy of an original hospital record or part thereof shall be deemed to be the original hospital record or part thereof for all purposes, shall be subject to retention and retirement as provided in Sections 41-9-69 through 41-9-73, and shall be admissible as evidence in all courts or administrative agencies to the same extent as the original would be or would have been admissible. A facsimile, exemplification or copy of the reproduction or copy shall be deemed to be a transcript, exemplification or copy of the original hospital record or part thereof. However, no state hospital shall undertake that reproduction or destruction of records except as provided in Section 25-59-1 et seq. No other public hospital shall undertake that reproduction unless the expense for it has been provided for in the annual budget, or an amendment to the budget, approved for that public hospital.

HISTORY: Codes, 1942, § 7146-58; Laws, 1962, ch. 411, § 8; Laws, 1991, ch. 446, § 1; Laws, 2009, ch. 325, § 1; Laws, 2009, ch. 407, § 1, eff from and after July 1, 2009.

Joint Legislative Committee Note —

Section 1 of ch. 407, Laws of 2009, effective from and after July 1 , 2009 (approved March 18, 2009), amended this section. Section 1 of ch. 325, Laws of 2009, effective from and after July 1, 2009 (approved March 11, 2009), also amended this section. As set out above, this section reflects the language of Section 1 of ch. 407, Laws of 2009, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Amendment Notes —

The first 2009 amendment (ch. 325), added “or any other form of electronic or digital media” at the end of the first sentence.

The second 2009 amendment (ch. 407) added “or any other form of electronic or digital media” to the end of the first sentence; substituted “or an amendment to the budget” for “or an amendment thereof” near the end of the last sentence; and made minor stylistic changes throughout.

Cross References —

Exemption of certain hospital records from requirement of public access, see §41-9-68.

Disposition of records on closing of hospital, see §41-9-79.

Reproduction of business records, see §41-9-81.

RESEARCH REFERENCES

ALR.

Admissibility of hospital record relating to intoxication or sobriety of patient. 38 A.L.R.2d 778.

Admissibility of hospital record relating to cause or circumstances of accident or incident in which patient sustained injury. 44 A.L.R.2d 553.

Admissibility of hospital record relating to physician’s opinion as to whether patient is malingering or feigning injury. 55 A.L.R.2d 1031.

Admissibility in civil action of electroencephalogram, electrocardiogram, or other record made by instrument used in medical test, or of report based upon such test. 66 A.L.R.2d 536.

Photographic representation or photostat of writing as primary or secondary evidence within best evidence rule. 76 A.L.R.2d 1356.

§ 41-9-79. Disposition of hospital records on closing of hospital.

If any hospital shall be finally closed, its hospital records may be delivered and turned over to any other hospital or hospitals in the vicinity willing to accept and retain the same as provided for in Section 41-9-69. If there be no such other hospital, the closing hospital shall deliver its hospital records, in good order and properly indexed for convenient reference, to the licensing agency, which shall store, retain, retire and provide access to the information therein in the same manner as is provided for by hospitals. In its discretion, the licensing agency may also exercise like authority, and to the same effect, with respect to reproduction of such hospital records as is conferred on state hospitals by Section 41-9-77.

HISTORY: Codes, 1942, § 7146-60; Laws, 1962, ch. 411, § 10, eff 60 days from and after passage (approved March 28, 1962).

§ 41-9-81. Business records of hospitals.

The commissioners or board of trustees of any hospital owned or owned and operated separately or jointly by one or more counties, cities, towns, supervisors districts or election districts, or combinations thereof, shall have the power and authority, in its discretion, to retire and destroy any of the following business records of the hospital at any time three (3) years after the respective dates that the same are prepared, made, received, executed, acted on or otherwise completed: intrahospital requisitions; inventory records of expendable supplies; temporary records pertaining to patients’ charges; department reports; paid invoices; purchase orders; and similar documents of temporary use and value.

In addition to the foregoing, whenever any business records which are required by law to be preserved and retained for indefinite periods, or which are necessary or desirable on the basis of sound business practices to be preserved or retained, shall have been so retained and preserved for a period of six (6) years, the commissioners or board of trustees of any such hospital shall have the power and authority, in its discretion, to retire and destroy the same. However, nothing contained herein shall authorize the retirement, destruction or disposal of any business records containing or consisting of minutes or minute books; bylaws or rules and regulations; general ledgers; disbursement registers or journals; cash receipts registers; maintenance and investment accounts; inventory records; ledger cards, sheets or other records of unpaid accounts receivable; other evidence of unpaid indebtedness; budgets; audit reports; licenses or permits; abstracts or certificates of title; geological reports; engineering or architectural plans, specifications or drawings; or any other business records which are otherwise required by law, order or decree of any court of competent jurisdiction, applicable rules and regulations or sound business practices to be retained permanently or for longer periods than six (6) years.

Except as otherwise provided by law, order or decree of any court of competent jurisdiction, or applicable rules and regulations, any privately owned and operated hospital may retire any business records at such times as in its judgment may conform to sound business practices and the reasonable accommodation of other interested parties.

Any hospital may, in its discretion, and at any time, cause any part of its business records to be reproduced in like manner and with like effect as provided in Section 41-9-77 with respect to hospital records. However, this shall not be construed to permit the destruction, retirement or earlier retirement of any business record which is otherwise prohibited or deferred by this section.

HISTORY: Codes, 1942, § 7146-61; Laws, 1962, ch. 411, § 11; Laws, 1966, ch. 462, § 1; Laws, 1991, ch. 446, § 2, eff from and after July 1, 1991.

Cross References —

Reproduction of hospital records, see §41-9-77.

§ 41-9-83. Violations; civil liability.

Willful violation of the provisions of Sections 41-9-61 through 41-9-83 shall constitute a misdemeanor and shall be punishable as provided for by law. No hospital, its officers, employees or medical and nursing personnel practicing therein, shall be civilly liable for violation of said sections except to the extent of liability for actual damages in a civil action for willful or reckless and wanton acts or omissions constituting such violation. Such liability shall be subject, however, to any immunities or limitations of liability or damages provided by law.

HISTORY: Codes, 1942, § 7146-62; Laws, 1962, ch. 411, § 12, eff 60 days from and after passage (approved March 28, 1962).

Cross References —

Penalty where none fixed elsewhere by statute, see §99-19-31.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violations, see §99-19-73.

RESEARCH REFERENCES

ALR.

Locality rule as governing hospital’s standard of care to patient and expert’s competency to testify thereto. 36 A.L.R.3d 440.

Hospital Records — Use in Trials and Administrative Hearings

§ 41-9-101. Definitions.

As used in Sections 41-9-101 through 41-9-119, the following terms shall have the respective meanings ascribed to them:

“Records” shall mean and include “hospital records” as defined in Section 41-9-61; however, a subpoena duces tecum for records shall not be deemed to include X-rays, electrocardiograms and like graphic matter unless specifically referred to in the subpoena; and

“Custodian” shall mean and include the health information administrator or registered health information technician and the administrator or other chief officer of a duly licensed hospital in this state and its proprietor, as well as their deputies and assistants, and any other persons who are official custodians or depositories of records. The custodian shall abide, in all respects, to the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), notwithstanding any other state statute.

HISTORY: Codes, 1942, § 7146.3-01; Laws, 1971, ch. 375, § 1; Laws, 2005, ch. 342, § 1, eff from and after July 1, 2005.

Amendment Notes —

The 2005 amendment substituted “in the subpoena” for “therein” following “specifically referred to” at the end of (a); and in (b), substituted “health information administrator or registered health information technician” for “medical record librarian” in the first sentence, and added the last sentence.

Cross References —

Regulation of hospitals, see §§41-9-1 et seq.

Preparation, preservation and disposition of hospital records, see §§41-9-61 et seq.

Evaluation and review of professional health services providers, see §§41-63-1 et seq.

Federal Aspects—

Federal Health Insurance Portability and Accountability Act of 1996, see 42 USCS §§ 1320d et seq.

RESEARCH REFERENCES

ALR.

Admissibility under business entry statutes of hospital records in criminal cases. 69 A.L.R.3d 22.

Admissibility under Uniform Business Records as Evidence Act or similar statute of medical report made by consulting physician to treating physician. 69 A.L.R.3d 104.

Am. Jur.

5 Am. Jur. Pl & Pr Forms (Rev), Captions, Prayers, and Formal Parts, Form 779 (for discovery – clause – oral and physical examination of plaintiff – for examination of hospital records).

6 Am. Jur. Proof of Facts, Hospital Records, Proof No. 2 (foundation for admission of records required by statute to be kept).

22 Am. Jur. Proof of Facts 2d 1, Medical Malpractice – Use of Hospital Records.

38 Am. Jur. Proof of Facts 2d 145, Foundation for Admissibility of Hospital Records and X-rays.

5 Am. Jur. Trials, Introducing and Marking Exhibits, §§ 21, 22.

6 Am. Jur. Trials, Basis of Medical Testimony, § 29.

15 Am. Jur. Trials, Discovery and Evaluation of Medical Records, §§ 1 et seq.

36 Am. Jur. Trials 695, Obtaining, Organizing and Abstracting Medical Records for Use in a Lawsuit.

Practice References.

Young, Trial Handbook for Mississippi Lawyers § 24:16.

JUDICIAL DECISIONS

1. In general.

The privileged communications statute does not preclude testimony from and concerning a patient’s hospital records, by doctors who had never seen or examined the patient. Reynolds v. West, 237 Miss. 613, 115 So. 2d 742, 1959 Miss. LEXIS 511 (Miss. 1959).

§ 41-9-103. Furnishing copies of records in compliance with subpoenas.

Except as hereinafter provided, when a subpoena duces tecum is served upon a custodian of records of any hospital duly licensed under the laws of this state in an action or proceeding in which the hospital is neither a party nor the place where any cause of action is alleged to have arisen and such subpoena requires the production of all or any part of the records of the hospital relating to the care or treatment of a patient in such hospital, it shall be sufficient compliance therewith if the custodian or other officer of the hospital shall, on or before the time specified in the subpoena duces tecum, file with the court clerk or the officer, body or tribunal conducting the hearing, a true and correct copy (which may be a copy reproduced on film or other reproducing material by microfilming, photographing, photostating or other approximate process, or a facsimile, exemplification or copy of such reproduction or copy) of all records described in such subpoena.

HISTORY: Codes, 1942, § 7146.3-02; Laws, 1971, ch. 375, § 2, eff from and after passage (approved March 16, 1971).

Cross References —

Subpoena duces tecum, see §11-1-51.

Licensing of hospitals, see §41-9-11.

Reproductions and copies of hospital records, see §41-9-77.

Affidavit of custodian, see §41-9-109.

RESEARCH REFERENCES

ALR.

Admissibility under state law of hospital record relating to intoxication or sobriety of patient. 80 A.L.R.3d 456.

Medical malpractice: presumption or inference from failure of hospital or doctor to produce relevant medical records. 69 A.L.R.4th 906.

Am. Jur.

22 Am. Jur. Proof of Facts 2d 1, Medical Malpractice – Use of Hospital Records.

38 Am. Jur. Proof of Facts 2d 145, Foundation for Admissibility of Hospital Records and X-rays.

36 Am. Jur. Trials 695, Obtaining, Organizing and Abstracting Medical Records for Use in a Lawsuit.

JUDICIAL DECISIONS

1. In general.

The procedure for the acquisition, identification and admission of hospital records is set forth in Code 1942, §§ 7146.3-02 to 7146.3-08. Jolly v. State, 269 So. 2d 650, 1972 Miss. LEXIS 1232 (Miss. 1972).

Although the defendant, charged with manslaughter, procured the issuance of a subpoena duces tecum to custodian of records of the University of Mississippi Medical Center Hospital as required by Code 1942, § 7146.3-02, where the affidavit setting forth the various criteria contained in Code 1942, § 7126.3-05 was not supplied and the defendant failed to state for what purpose the introduction of these records would serve, or otherwise establish their relevance, they were properly excluded as evidence by the trial court. Jolly v. State, 269 So. 2d 650, 1972 Miss. LEXIS 1232 (Miss. 1972).

The privileged communications statute does not preclude testimony from and concerning a patient’s hospital records, by doctors who had never seen or examined the patient. Reynolds v. West, 237 Miss. 613, 115 So. 2d 742, 1959 Miss. LEXIS 511 (Miss. 1959).

§ 41-9-105. Sealing, identification and direction of copies.

The copy of the records shall be separately enclosed in an inner-envelope or wrapper, sealed, with the title and number of the action, name of witness and date of subpoena clearly inscribed thereon. The sealed envelope or wrapper shall then be enclosed in an outer-envelope or wrapper, sealed, and directed as follows:

If the subpoena directs attendance in court, to the clerk of such court or to the judge thereof; if the subpoena directs attendance at a deposition, to the officer before whom the deposition is to be taken, at the place designated in the subpoena for the taking of the deposition or at his place of business; in other cases, to the officer, body or tribunal conducting the hearing, at a like address.

HISTORY: Codes, 1942, § 1746.3-03; Laws, 1971, ch. 375, § 3, eff from and after passage (approved March 16, 1971).

Cross References —

Accompanying affidavit of custodian, see §41-9-109.

RESEARCH REFERENCES

Am. Jur.

22 Am. Jur. Proof of Facts 2d 1, Medical Malpractice – Use of Hospital Records.

38 Am. Jur. Proof of Facts 2d 145, Foundation for Admissibility of Hospital Records and X-rays.

36 Am. Jur. Trials 695, Obtaining, Organizing and Abstracting Medical Records for Use in a Lawsuit.

JUDICIAL DECISIONS

1. In general.

The procedure for the acquisition, identification and admission of hospital records is set forth in Code 1942, §§ 7146.3-02 to 7146.3-08. Jolly v. State, 269 So. 2d 650, 1972 Miss. LEXIS 1232 (Miss. 1972).

§ 41-9-107. Opening of sealed envelopes.

Unless the sealed envelope or wrapper is returned to a witness who is to appear personally, the copy of the records shall remain sealed and shall be opened only at the time of trial, deposition, or other hearing, upon the direction of the judge, court, officer, body, or tribunal conducting the proceeding, in the presence of all parties who have appeared in person or by counsel at such trial, deposition or hearing. Before directing that such inner-envelope or wrapper be opened, the judge, court, officer, body, or tribunal shall first ascertain that either (1) the records have been subpoenaed at the instance of the patient involved or his counsel of record, or (2) the patient involved or someone authorized in his behalf to do so for him has consented thereto and waived any privilege of confidence involved. Records which are not introduced in evidence or required as part of the record shall be returned to the person or entity from whom received.

The provisions of this section shall not apply in (a) a Workers’ Compensation proceeding if the pertinent record is the record of the claimant therein or a claimant’s decedent; or (b) physician or podiatrist disciplinary proceedings pursuant to Sections 73-25-1 through 73-25-39, 73-25-51 through 73-25-67, 73-25-81 through 73-25-95 or 73-27-1 through 73-27-19, Mississippi Code of 1972.

HISTORY: Codes, 1942, §§ 7146.3-04, 7146.3-09; Laws, 1971, ch. 375, §§ 4, 9; Laws, 1987, ch. 500, § 3, eff from and after July 1, 1987.

Cross References —

Privileged communications, see §13-1-21.

Admissibility of copies of hospital records, see §41-9-77.

Confidentiality and inspection of hospital records of civilly committed patients, see §41-21-97.

RESEARCH REFERENCES

Am. Jur.

22 Am. Jur. Proof of Facts 2d 1, Medical Malpractice – Use of Hospital Records.

38 Am. Jur. Proof of Facts 2d 145, Foundation for Admissibility of Hospital Records and X-rays.

36 Am. Jur. Trials 695, Obtaining, Organizing and Abstracting Medical Records for Use in a Lawsuit.

JUDICIAL DECISIONS

1. In general.

The procedure for the acquisition, identification and admission of hospital records is set forth in Code 1942, §§ 7146.3-02 to 7146.3-08. Jolly v. State, 269 So. 2d 650, 1972 Miss. LEXIS 1232 (Miss. 1972).

§ 41-9-109. Affidavit of custodian as to copies; charges.

The records shall be accompanied by an affidavit of a custodian stating in substance: (a) that the affiant is a duly authorized custodian of the records and has authority to certify said records, (b) that the copy is a true copy of all the records described in the subpoena, (c) that the records were prepared by the personnel of the hospital, staff physicians, or persons acting under the control of either, in the ordinary course of hospital business at or near the time of the act, condition or event reported therein, and (d) certifying the amount of the reasonable charges of the hospital for furnishing such copies of the record. If the hospital has none of the records described, or only part thereof, the custodian shall so state in the affidavit and file the affidavit and such records as are available in the manner described in Sections 41-9-103, 41-9-105. The filing of such affidavit with respect to reasonable charges shall be sufficient proof of such expense, which shall be taxed as costs of court.

HISTORY: Codes, 1942, § 7146.3-05; Laws, 1971, ch. 375, § 5, eff from and after passage (approved March 16, 1971).

RESEARCH REFERENCES

Am. Jur.

22 Am. Jur. Proof of Facts 2d 1, Medical Malpractice – Use of Hospital Records.

38 Am. Jur. Proof of Facts 2d 145, Foundation for Admissibility of Hospital Records and X-rays.

36 Am. Jur. Trials 695, Obtaining, Organizing and Abstracting Medical Records for Use in a Lawsuit.

JUDICIAL DECISIONS

1. In general.

The procedure for the acquisition, identification and admission of hospital records is set forth in Code 1942, §§ 7146.3-02 to 7146.3-08. Jolly v. State, 269 So. 2d 650, 1972 Miss. LEXIS 1232 (Miss. 1972).

Although the defendant, charged with manslaughter, procured the issuance of a subpoena duces tecum to custodian of records of the University of Mississippi Medical Center Hospital as required by Code 1942, § 7146.3-02, where the affidavit setting forth the various criteria contained in Code 1942, § 7126.3-05 was not supplied and the defendant failed to state for what purpose the introduction of these records would serve, or otherwise establish their relevance, they were properly excluded as evidence by the trial court. Jolly v. State, 269 So. 2d 650, 1972 Miss. LEXIS 1232 (Miss. 1972).

§ 41-9-111. Repealed.

Repealed by Laws, 1991, ch. 573, § 141, eff from and after July 1, 1991.

[Codes, 1942, § 7146.3-06; Laws, 1971, ch. 375, § 6]

Editor’s Notes —

Former §41-9-111 pertained to the admissibility of copies and affidavits.

§ 41-9-113. Obtaining personal attendance of custodian.

The personal attendance of the custodian shall be required if the subpoena duces tecum contains a clause which reads:

“The procedure authorized pursuant to Section 41-9-103 will not be deemed sufficient compliance with this subpoena.”

HISTORY: Codes, 1942, § 7146.3-07; Laws, 1971, ch. 375, § 7, eff from and after passage (approved March 16, 1971).

Cross References —

Subpoena duces tecum, see §11-1-51.

RESEARCH REFERENCES

Am. Jur.

22 Am. Jur. Proof of Facts 2d 1, Medical Malpractice – Use of Hospital Records.

38 Am. Jur. Proof of Facts 2d 145, Foundation for Admissibility of Hospital Records and X-rays.

36 Am. Jur. Trials 695, Obtaining, Organizing and Abstracting Medical Records for Use in a Lawsuit.

Practice References.

Young, Trial Handbook for Mississippi Lawyers § 24:16.

JUDICIAL DECISIONS

1. In general.

The procedure for the acquisition, identification and admission of hospital records is set forth in Code 1942, §§ 7146.3-02 to 7146.3-08. Jolly v. State, 269 So. 2d 650, 1972 Miss. LEXIS 1232 (Miss. 1972).

§ 41-9-115. Obtaining personal attendance of custodian and production of original record.

The personal attendance of the custodian and the production of the original record shall be required if the subpoena duces tecum contains a clause which reads:

“Original records are required, and the procedure authorized pursuant to Section 41-9-103 will not be deemed sufficient compliance with this subpoena.”

HISTORY: Codes, 1942, § 7146.3-08; Laws, 1971, ch. 375, § 8, eff from and after passage (approved March 16, 1971).

Cross References —

Subpoena duces tecum, see §11-1-51.

RESEARCH REFERENCES

Am. Jur.

22 Am. Jur. Proof of Facts 2d 1, Medical Malpractice – Use of Hospital Records.

38 Am. Jur. Proof of Facts 2d 145, Foundation for Admissibility of Hospital Records and X-rays.

36 Am. Jur. Trials 695, Obtaining, Organizing and Abstracting Medical Records for Use in a Lawsuit.

JUDICIAL DECISIONS

1. In general.

The procedure for the acquisition, identification and admission of hospital records is set forth in Code 1942, §§ 7146.3-02 to 7146.3-08. Jolly v. State, 269 So. 2d 650, 1972 Miss. LEXIS 1232 (Miss. 1972).

§ 41-9-117. Substitution of copies after introduction of records into evidence.

In view of the property right of the hospital in its records, original records may be withdrawn after introduction into evidence and copies substituted, unless otherwise directed for good cause by the court, judge, officer, body, or tribunal conducting the hearing. The custodian may prepare copies of original records in advance of testifying for the purpose of making substitution of the original record, and the reasonable charges for making such copies shall be taxed as costs of court. If copies are not prepared in advance, they can be made and substituted at any time after introduction of the original record, and the reasonable charges for making such copies shall be taxed as costs of court.

HISTORY: Codes, 1942, § 7146.3-08; Laws, 1971, ch. 375, § 8, eff from and after passage (approved March 16, 1971).

RESEARCH REFERENCES

Am. Jur.

22 Am. Jur. Proof of Facts 2d 1, Medical Malpractice – Use of Hospital Records.

38 Am. Jur. Proof of Facts 2d 145, Foundation for Admissibility of Hospital Records and X-rays.

36 Am. Jur. Trials 695, Obtaining, Organizing and Abstracting Medical Records for Use in a Lawsuit.

JUDICIAL DECISIONS

1. In general.

The procedure for the acquisition, identification and admission of hospital records is set forth in Code 1942, §§ 7146.3-02 to 7146.3-08. Jolly v. State, 269 So. 2d 650, 1972 Miss. LEXIS 1232 (Miss. 1972).

§ 41-9-119. Evidence of reasonableness of medical expenses.

Proof that medical, hospital, and doctor bills were paid or incurred because of any illness, disease, or injury shall be prima facie evidence that such bills so paid or incurred were necessary and reasonable.

HISTORY: Codes, 1942, § 7146.3-10; Laws, 1971, ch. 375, § 10, eff from and after passage (approved March 16, 1971).

RESEARCH REFERENCES

Am. Jur.

22 Am. Jur. Proof of Facts 2d 1, Medical Malpractice – Use of Hospital Records.

38 Am. Jur. Proof of Facts 2d 145, Foundation for Admissibility of Hospital Records and X-rays.

36 Am. Jur. Trials 695, Obtaining, Organizing and Abstracting Medical Records for Use in a Lawsuit.

JUDICIAL DECISIONS

1. In general.

2. Rebuttal of reasonableness and necessity.

1. In general.

In a personal injury action involving a rear-end vehicle collision, a trial court did not abuse its discretion by denying a motion for an additur by driver 1, who was in the stopped vehicle, because while driver 1’s medical bills established a presumption that those bills were reasonable and necessary for the treatment of her injuries, the medical bills were not prima facie evidence that the accident was the proximate cause of driver 1’s injuries. Downs v. Ackerman, 115 So.3d 785, 2013 Miss. LEXIS 350 (Miss. 2013).

According to the testimony, the pedestrian’s medical bills were incurred due to the injury at issue; under Miss. Code Ann. §41-9-119, the trial court committed reversible error by refusing to allow them to be submitted to the jury; and a new trial was ordered, with directions that the parties be allowed to supplement their discovery responses with respect to expert witnesses. Estate of Bolden v. Williams, 17 So.3d 1069, 2009 Miss. LEXIS 275 (Miss. 2009).

Although Miss. Code Ann. §41-9-119 creates a presumption that proof of medical bills acts as prima facie evidence of their reasonableness and necessity, the presumption is rebuttable and the ultimate determination is for the finder of fact to make. Additionally, a finding that medical bills are reasonable and necessary does not equate to a finding that those bills were incurred as a result of a defendant’s negligence. Callahan v. Ledbetter, 992 So. 2d 1220, 2008 Miss. App. LEXIS 547 (Miss. Ct. App. 2008).

In the father’s petition to clarify his child support obligations, the chancellor’s finding that counseling for his sons was not medically necessary was appropriate even though the mother had submitted the bill into evidence because the father further established that the boys only went to counseling one time and that the doctor did not order any follow-up treatment. Wilkerson v. Wilkerson, 955 So. 2d 903, 2007 Miss. App. LEXIS 10 (Miss. Ct. App. 2007).

In an insurance dispute, the insurer’s motion in limine to prohibit the introduction of plaintiff’s unauthenticated medical records was denied because plaintiff, who would testify as to the authenticity of the records, was able to make a showing that would allow the jury to conclude that her medical bills and records were authentic. Simpson v. Econ. Premier Assur. Co., 2006 U.S. Dist. LEXIS 64603 (N.D. Miss. Sept. 8, 2006).

Miss. Code Ann. §41-9-119 dictated that the decedent’s medical bills were prima facie evidence of their necessity and reasonableness, and the opposing party may rebut the necessity and reasonableness of the bills, thereby leaving the ultimate determination to the jury; in light of the medical testimony, the appellate court did not agree that the verdict regarding the medical bills was the product of bias and passion, and denied additur to the estate administrator. In re Estate of Guillory v. McGee, 922 So. 2d 823, 2006 Miss. App. LEXIS 123 (Miss. Ct. App. 2006).

Miss. Code Ann. §41-9-119 is widely used in state court proceedings to permit the authentication of medical records; while the statute deals, on its face, with the evidentiary weight to be given to the evidence, it is often used to authenticate evidence as well. Simpson v. Econ. Premier Assur. Co., 2006 U.S. Dist. LEXIS 64603 (N.D. Miss. Sept. 8, 2006).

Miss. Code Ann. §41-9-119 does not require evidence of reasonableness of medical expenses before medical bills become admissible; therefore, a trial court erred by holding that an insurer was required to have doctors testify as to the reasonableness of certain expenses prior to admitting them into evidence. Alfa Mut. Ins. Co. v. Cascio, 909 So. 2d 174, 2005 Miss. App. LEXIS 588 (Miss. Ct. App. 2005).

Trial court did not err in refusing to allow plaintiff to testify concerning her medical bills pursuant to Miss. Code Ann. §41-9-119 because plaintiff’s daughter was treated for diabetes and other medical conditions unrelated to an allegedly negligent intubation, and would have incurred most of the medical bills at issue regardless of any negligence by the doctor or hospital. Kent v. Baptist Mem'l Hosp. - N. Miss., Inc., 853 So. 2d 873, 2003 Miss. App. LEXIS 790 (Miss. Ct. App. 2003).

An award of zero damages in a motor vehicle accident case was affirmed since, even if proof that the plaintiff incurred medical bills was prima facie evidence that the bills were necessary and reasonable, the statute did not mandate a finding that those medical bills were incurred as a result of the accident in question. Herring v. Poirrier, 797 So. 2d 797, 2000 Miss. LEXIS 176 (Miss. 2000).

In order for a claimant to introduce evidence to support a claim against an estate for medical expenses upon contest, the claimant may proceed under §41-9-119, but to do this, he or she must be allowed to go into court to present the bills incurred and to testify for what purpose they were incurred. Since a summary judgment, by its nature, disposes of a case before a trial is commenced, summary judgment practice under Rule 56, Miss. R. Civ. P. is inapplicable in contests of probated claims because it is inconsistent with the statutory procedure which necessitates that a claimant enter court to introduce evidence in support of his or her claim and permits a personal representative to rebut the claim. Thus, the procedure for summary judgment is not applicable to dispose of claims made under §91-7-149. Biloxi Regional Medical Center, Inc. v. Estate of Ross, 546 So. 2d 667, 1989 Miss. LEXIS 297 (Miss. 1989).

Documents were properly admitted into evidence which provided proof of expenses incurred as result of treatment for injuries sustained in accident, where documents submitted gave general descriptions of services necessitating fees. Stratton v. Webb, 513 So. 2d 587, 1987 Miss. LEXIS 2831 (Miss. 1987).

Bills and prescription receipts evidencing charges made for medical and dental treatment furnished to children provide prima facie showing, in accordance with §41-9-119, in child support proceeding, that medical and dental expenses represented by bills are reasonable in amount and were necessarily incurred. Clements v. Young, 481 So. 2d 263, 1985 Miss. LEXIS 2373 (Miss. 1985).

Any medical or dental condition, present at birth or thereafter caused, is “illness, disease or injury” within meaning of §41-9-119. Clements v. Young, 481 So. 2d 263, 1985 Miss. LEXIS 2373 (Miss. 1985).

Under §41-9-119, when a party takes the witness stand, exhibits bills for examination by the court, and testifies that the bills were incurred as a result of the injuries complained of, they become prima facie evidence that the bills so paid or incurred were necessary and reasonable; however, the opposing party may, if desired, rebut the necessity and reasonableness of the bills by proper evidence and the ultimate question is then for the jury to determine. Jackson v. Brumfield, 458 So. 2d 736, 1984 Miss. LEXIS 1975 (Miss. 1984).

2. Rebuttal of reasonableness and necessity.

In a suit against a city under the Mississippi Tort Claims Act, an alleged injured party was not required to introduce expert testimony to determine the cause of the party’s injuries because (1) the city did not rebut testimony proving the party’s medical treatment was the result of an underlying crash, and (2) the party submitted medical bills and records showing the party attended physical therapy after the accident, which the city had the opportunity to rebut. City of Jackson v. Graham, 226 So.3d 608, 2017 Miss. App. LEXIS 538 (Miss. Ct. App. 2017).

Under Miss. Code Ann. §41-9-119, when plaintiff customer took the witness stand and exhibited his medical bills for examination by the court and testified that they were incurred as a result of the injuries complained of, they became prima facie evidence and triggered the presumption that the bills so paid or incurred were necessary and reasonable; however, defendant restaurant operator could have, if it so desired, rebutted the necessity and reasonableness of the bills by proper evidence. Because Miss. Code Ann. §41-9-119, via Fed. R. Evid. 302, applied in this case, the customer’s medical bills were properly admitted. Foradori v. Harris, 523 F.3d 477, 2008 U.S. App. LEXIS 6937 (5th Cir. Miss. 2008).

In a personal injury case, the court properly denied plaintiff’s request for additur because she did not conclusively prove that the medical bills in question were incurred as a result of her injury; the only bills that were uncontested were those that plaintiff incurred immediately after the accident, which related to bruises to her knees and other minor injuries, and virtually every other injury, both physical and mental, was strongly contested by the defendants’ expert witnesses and other evidence. Walker v. Gann, 955 So. 2d 920, 2007 Miss. App. LEXIS 290 (Miss. Ct. App. 2007).

Husband’s proof that he had paid or incurred medical, hospital, and doctor bills because of injury he sustained when catheter guide wire broke off in his artery while the doctor was performing surgery was prima facie evidence that such bills were necessary and reasonable and the doctor did not overcome such evidence with his own evidence that the bills incurred were not reasonable and necessary. Purdon v. Locke, 807 So. 2d 373, 2001 Miss. LEXIS 263 (Miss. 2001).

Notwithstanding the statute, an opposing party may rebut the necessity and reasonableness of medical bills and the ultimate question is for the jury to determine. Herring v. Poirrier, 797 So. 2d 797, 2000 Miss. LEXIS 176 (Miss. 2000).

The defendant failed to rebut the reasonableness and necessity of the plaintiff’s medical bills, where she offered no evidence and chose instead to rely upon her argument that she impeached both the plaintiff’s and the plaintiff’s physician’s testimony; while notations in the medical records may have cast doubt on the extent of the plaintiff’s pain and suffering, those notations did not invalidate the necessity of the medical treatment. Hubbard v. Canterbury, 805 So. 2d 545, 2000 Miss. App. LEXIS 143 (Miss. Ct. App. 2000).

Rural Hospital Flexibility Act

§ 41-9-201. Short title.

This article is entitled and may be cited as the Mississippi Rural Hospital Flexibility Act of 1998.

HISTORY: Laws, 1998, ch. 476, § 1, eff from and after passage (approved March 26, 1998).

§ 41-9-203. State policy.

It is the policy of the State of Mississippi to provide improved access to hospital and other health services for rural residents of the State of Mississippi and to promote regionalization of rural health services in Mississippi.

HISTORY: Laws, 1998, ch. 476, § 2, eff from and after passage (approved March 26, 1998).

§ 41-9-205. Definitions.

When used in this article, the following definitions shall apply, unless the context indicates otherwise:

“Act” means the Mississippi Rural Hospital Flexibility Act of 1998.

“Critical access hospital” means a hospital which has been designated as a critical access hospital by the department in accordance with the Medicare Rural Hospital Flexibility Program, as provided for in Section 4201 of the Balanced Budget Act of 1997, Public Law 105-33, and which has entered into an agreement with at least one (1) full-service hospital to form a rural health network. The agreement or agreements must include provisions regarding patient referral and transfer, communications and patient transportation. A critical access hospital in a rural health network must also have an agreement for credentialing and quality assurance with at least one (1) hospital that is a member of the rural health network, or with a peer review organization or equivalent entity, or with another appropriate and qualified entity identified in the rural health-care plan for the State of Mississippi.

“Department” means the Department of Health for the State of Mississippi.

“Rural health network” means an organization consisting of at least one (1) critical access hospital and at least one (1) full-service hospital, the members of which have entered into certain agreements regarding patient referral and transfer, the development and use of communications systems and the provision of emergency and nonemergency transportation.

“State rural health-care plan” means Mississippi’s rural health-care plan that (i) provides for the creation of one or more rural health networks, consisting of at least one (1) critical access hospital and at least one (1) full-service hospital, (ii) promotes regionalization of rural health services in Mississippi, and (iii) improves access to hospitals and other health services for rural residents of Mississippi.

HISTORY: Laws, 1998, ch. 476, § 3, eff from and after passage (approved March 26, 1998).

Federal Aspects—

The Medicare Rural Hospital Flexibility Program, as provided for in § 4201 of the Balanced Budget Act of 1997, Public Law 105-33, is codified at 42 USCS § 1395i-4.

§ 41-9-207. State rural health-care plan.

  1. The department is hereby authorized, in accordance with the Medicare Rural Hospital Flexibility Program, as authorized by Section 4201 of the Balanced Budget Act of 1997, Public Law 105-33, to develop for the State of Mississippi a state rural health-care plan that (a) provides for the creation of one or more rural health networks in Mississippi; (b) promotes regionalization of rural health services in Mississippi; and (c) improves access to hospitals and other health services for rural residents of Mississippi.
  2. The state rural health-care plan shall be developed in consultation with the Mississippi Hospital Association, the Executive Director of the Mississippi Board of Supervisors, or his designee, and rural hospitals located in Mississippi.
  3. In developing the state rural health-care plan, the department shall designate rural nonprofit or public hospitals or facilities located in Mississippi as critical access hospitals, which critical access hospitals must meet the criteria for such designation as set out in Section 4201 of the Balanced Budget Act of 1997.

HISTORY: Laws, 1998, ch. 476, § 4, eff from and after passage (approved March 26, 1998).

Federal Aspects—

The Medicare Rural Hospital Flexibility Program, as provided for in § 4201 of the Balanced Budget Act of 1997, Public Law 105-33, is codified at 42 USCS § 1395i-4.

§ 41-9-209. Designation as a critical access hospital.

Any hospital is authorized to seek designation as a critical access hospital. Subject to federal law, there shall be no requirement or limitation regarding the distance that a critical access hospital must be located from another hospital. The bed-size limit for a critical access hospital is twenty-five (25) operational acute care beds, and the average maximum length of stay for patients in a critical access hospital is ninety-six (96) hours, unless a longer period is required because of inclement weather or other emergency conditions. In the event the critical access hospital is a swing bed facility, any of the twenty-five (25) acute care beds allowed in a critical access hospital may be used for the provision of extended care services or acute care inpatient services so long as the furnishing of such services does not exceed twenty-five (25) beds and so long as the hospital does not seek Medicaid reimbursement for more than fifteen (15) acute care inpatient beds. A critical access hospital (a) must make available twenty-four-hour emergency care services, as described in the state rural health-care plan, for ensuring access to emergency care services in the rural area served by the critical access hospital, and (b) must be a member of a rural health network. Any hospital that has a distinct-part skilled nursing facility, certified under Title XVIII of the federal Social Security Act, at the time it applies for designation as a critical access hospital, may continue its operation of the distinct-part skilled nursing facility and is not required to count the beds in the distinct-part skilled nursing facility for purposes of the allowed twenty-five (25) acute care inpatient beds. To the extent permitted under Section 41-7-171 et seq., a critical access hospital may establish a distinct-part psychiatric unit and a distinct-part rehabilitation unit, each of which must be certified under Title XVIII of the federal Social Security Act and each of which may consist of no more than ten (10) beds. No bed in the critical access hospital’s distinct-part psychiatric unit or distinct-part rehabilitation unit shall be counted for purposes of the twenty-five (25) bed limitation. Each distinct-part unit in a critical access hospital must comply with all applicable state licensure laws and federal certification laws.

HISTORY: Laws, 1998, ch. 476, § 5; Laws, 2004, ch. 329, § 1, eff from and after July 1, 2004.

Amendment Notes —

The 2004 amendment rewrote the section to revise the definition of critical access hospitals to conform to federal law.

Federal Aspects—

Title XVIII of the federal Social Security Act is codified at 42 USCS §§ 1395 et seq.

§ 41-9-210. Critical access hospitals authorized to bank licensed hospital acute care beds; banked beds may be relicensed without certificate of need.

If a hospital seeks a new license from the department in order to be designated as a critical access hospital, the department shall maintain a record of the acute care beds of that hospital that have been delicensed as a result of that designation and continue counting those beds as part of the state’s total acute care bed count for health care planning purposes. If a critical access hospital later desires to relicense some or all of its delicensed acute care beds, it shall notify the department of its intent to increase the number of its licensed acute care beds. The department shall survey the hospital within thirty (30) days of that notice and, if appropriate, issue the hospital a new license reflecting the new contingent of beds. That change may be accomplished without the need of the hospital to seek certificate of need approval under Section 41-7-171 et seq. However, in no event may a hospital that has delicensed some of its acute care beds in order to be designated as a critical access hospital be reissued a license to operate acute care beds in excess of its acute care bed count before the delicensure of some of its beds without seeking certificate of need approval.

This section shall apply to all hospitals that are designated as critical access hospitals on July 1, 2003, and all hospitals that may become designated as critical access hospitals after July 1, 2003.

HISTORY: Laws, 2003, ch. 393, § 1, eff from and after July 1, 2003.

Cross References —

Activities for which a certificate of need is required, see §41-7-191.

§ 41-9-211. Formation of a rural health network not subject to antitrust laws.

In forming an integrated network and in contracting for services, members of a rural health network and officers, agents, representatives, employees and directors of any member thereof shall be considered to be acting pursuant to clearly expressed state policy as established in Sections 41-9-201 through 41-9-217 under the supervision of the State of Mississippi and shall not be subject to state or federal antitrust laws while so acting.

HISTORY: Laws, 1998, ch. 476, § 6, eff from and after passage (approved March 26, 1998).

§ 41-9-213. Rules and regulations.

The department shall adopt, in accordance with Section 25-43-1 et seq., Mississippi Code of 1972, rules and regulations for the establishment and operation of rural health networks, including the designation of critical access hospitals of rural areas and minimum standards, as necessary, for such critical access hospitals.

HISTORY: Laws, 1998, ch. 476, § 7, eff from and after passage (approved March 26, 1998).

Editor’s Notes —

Section 25-43-1.101(3) provides that any reference to Section 25-43-1 et seq. shall be deemed to mean and refer to Section 25-43-1.101 et seq.

§ 41-9-215. Insurance and other coverage to provide benefits for services performed by critical access hospitals.

Each individual and group policy of accident and sickness insurance, each contract issued by health maintenance organizations, and all coverage maintained by an entity authorized under any article of Chapter 41, Title 83 of the Mississippi Code of 1972, shall provide benefits for services when performed by a critical access hospital if such services would be covered under such policies or contracts if performed by a full-service hospital.

HISTORY: Laws, 1998, ch. 476, § 8, eff from and after passage (approved March 26, 1998).

§ 41-9-217. Additional personnel.

The department is hereby authorized to hire additional personnel to implement Sections 41-9-201 through 41-9-217 pursuant to specific appropriations to the department for such purposes.

HISTORY: Laws, 1998, ch. 476, § 9, eff from and after passage (approved March 26, 1998).

Rural Health Availability Act

§ 41-9-301. Short title.

Sections 41-9-301 through 41-9-311 shall be known and may be cited as the “Rural Health Availability Act.”

HISTORY: Laws, 2004, ch. 462, § 1, eff from and after July 1, 2004.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a publishing error. “Sections 41-9-301 through 41-9-311” was substituted for “this act.”

§ 41-9-303. Legislative findings.

The Legislature finds and declares the following:

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.

There is limited, if any, overlap in the geographic service areas of Mississippi rural hospitals.

Rural hospitals’ financial stability is threatened by patient migration to general acute care and specialty hospitals in urban areas.

The availability of quality health care in rural areas is essential to the economic and social viability of rural communities.

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.

HISTORY: Laws, 2004, ch. 462, § 2, eff from and after July 1, 2004.

§ 41-9-305. Definitions.

For the purposes of Sections 41-9-301 through 41-9-311, the following terms shall have the following meanings:

“Act” means the Rural Health Availability Act.

“Affected person,” with respect to any application for a certificate of public advantage, means:

The applicant(s);

Any person residing within the geographic service area of an applicant;

Health-care purchasers who reimburse health-care facilities located in the geographic service area of an applicant;

Any other person furnishing goods or services to, or in competition with, an applicant; or

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.

“Board” means the State Board of Health established under Section 41-3-1.

“Certificate of public advantage” means the formal written approval, including any conditions or modifications of a cooperative agreement by the department.

“Cooperative agreement” means a contract, business or financial arrangement, or any other activities or practices among two (2) or more rural hospitals for the sharing, allocation, 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, 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.

“Department” means the State Department of Health created under Section 41-3-15.

“Hospital” has the meaning set forth in Section 41-9-3.

“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.

“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.

“State” means the State of Mississippi.

“State Health Officer” means the State Health Officer elected by the State Board of Health under Section 41-3-5.

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.

HISTORY: Laws, 2004, ch. 462, § 3, eff from and after July 1, 2004.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a publishing error. “ Sections 41-9-301 through 41-9-311” was substituted for “this act” in the introductory language.

Editor’s Notes —

Section41-3-1, referred to in (c), was repealed by Laws, 2007, ch. 514, § 1, effective March 30, 2007. For reconstitution of State Board of Health, see §41-3-1.1.

Section 41-3-5, referred to in (k), was repealed by Laws, 2007, ch. 514, § 1, effective June 30, 2007.

§ 41-9-307. Cooperative agreements; application for certificate of public advantage; issuance of certificate; monitoring; revocation of certificate; termination or withdrawal from agreement; amendment of agreement; regulations.

  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. 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.
  3. The department shall review the application in accordance with the standards set forth in subsection (4) 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 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.
  4. The department shall issue a certificate of public advantage for a cooperative agreement if it determines that:
    1. 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;
    2. The geographic service area of the rural hospitals who are parties to the agreement do not overlap significantly; and
    3. The cooperative agreement is likely to result in one or more of the following benefits:
      1. Enhancement of the quality of hospital and hospital-related care provided to Mississippi citizens;
      2. Preservation of hospital facilities and health care in rural areas;
      3. Gains in the cost-efficiency of services provided by the hospitals involved;
      4. Encouragement of cost-sharing among the hospitals involved;
      5. Improvements in the utilization of hospital resources and equipment; or
      6. Avoidance or reduction of duplication of hospital resources or expenses, including administrative expenses.
  5. The department shall actively monitor and regulate agreements approved under this act 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.
  6. The department shall revoke a certificate of public advantage by giving written notice to each party to a cooperative agreement with respect to which the certificate is being revoked, if it finds that:
    1. The cooperative agreement or activities undertaken by it are not in substantial compliance with the terms of the application or the conditions of approval;
    2. The likely benefits resulting from the cooperative agreement no longer exist; or
    3. 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.
  7. 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.
  8. 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 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.
  9. 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.
  10. 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.

HISTORY: Laws, 2004, ch. 462, § 4, eff from and after July 1, 2004.

§ 41-9-309. Judicial review.

Any applicant aggrieved by a decision of the department under this act shall be entitled to judicial review thereof in the Circuit Court of Hinds County, First Judicial District. In the review, the decision of the department shall be affirmed unless it is arbitrary, capricious, or it is not in compliance with this act.

HISTORY: Laws, 2004, ch. 462, § 5, eff from and after July 1, 2004.

§ 41-9-311. Certificates of need.

Nothing in this act exempts hospitals from compliance with the provisions of Section 41-7-171 et seq. concerning certificates of need.

HISTORY: Laws, 2004, ch. 462, § 6, eff from and after July 1, 2004.

Chapter 10. Medical Records

§ 41-10-1. Willful or reckless placement of inaccurate information in patient’s record; intentional alteration or destruction of patient’s records; penalties.

  1. Except as otherwise provided in subsection (3), a person, knowing that the information is misleading or inaccurate, shall not intentionally, willfully or recklessly place or direct another to place in a patient’s medical record or chart misleading or inaccurate information regarding the diagnosis, care, treatment or cause of a patient’s condition. A violation of this subsection is punishable as follows: a person who intentionally or willfully or recklessly violates this subsection is guilty of a misdemeanor, punishable by imprisonment for not more than one (1) year, or a fine of not more then One Thousand Dollars ($1,000.00), or both.
  2. Except as otherwise provided in subsection (3), a person shall not intentionally or willfully alter or destroy or direct another to alter or destroy a patient’s medical records or charts for the purpose of concealing his or her responsibility for the patient’s injury, sickness or death. A person who violates this subsection is guilty of a misdemeanor punishable by imprisonment for not more than one (1) year, or a fine of not more than One Thousand Dollars ($1,000.00), or both.
  3. Subsections (1) and (2) do not apply to either of the following:
    1. Destruction of a patient’s original medical record or chart if all of the information contained in or on the medical record or chart is otherwise retained by means of mechanical or electronic recording, chemical reproduction, or other equivalent techniques that accurately reproduce all of the information contained in or on the original.
    2. Supplementation of information or correction of an error in a patient’s medical record or chart in a manner that reasonably discloses that the supplementation or correction was performed and that does not conceal or alter prior entries.

HISTORY: Laws, 2001, ch. 603, § 12, eff from and after July 1, 2001.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violations, see §99-19-73.

§ 41-10-3. Heirs of decedents authorized to obtain copy of decedent’s medical records under certain circumstances; termination of authorization.

  1. The following words and phrases shall have the meanings ascribed in this section unless the context clearly indicates otherwise:
    1. “Heir” means any person who is entitled to a distribution from the estate of an intestate decedent, or a person who would be entitled to a distribution from the estate of a testate decedent if that decedent had died intestate.
    2. “Medical records” means any communications related to a patient’s physical or mental health or condition that are recorded in any form or medium and that are maintained for purposes of patient diagnosis or treatment, including communications that are prepared by a health-care provider or by other providers.The term does not include (i) materials that are prepared in connection with utilization review, peer review or quality assurance activities, or (ii) recorded telephone and radio communications to and from a publicly operated emergency dispatch office relating to requests for emergency services or reports of suspected criminal activity; however, the term includes communications that are recorded in any form or medium between emergency medical personnel and medical personnel concerning the diagnosis or treatment of a patient.
  2. Where no executor or administrator has been appointed by a chancery court of competent jurisdiction regarding the probate or administration of the estate of a decedent, any heir of the decedent shall be authorized to act on behalf of the decedent solely for the purpose of obtaining a copy of the decedent’s medical records.The authority shall not extend to any other property rights relating to the decedent’s estate.
  3. A custodian of medical records may provide a copy of the decedent’s medical records to an heir upon receipt of an affidavit by the heir stating that he or she meets the requirements of this section and that no executor or administrator has been appointed by a chancery court with respect to the estate of the decedent.
  4. The authority of the heir to act on behalf of the decedent shall terminate upon the appointment of an executor or administrator to act on behalf of the estate of the decedent. However, the custodian of medical records shall be entitled to rely upon the affidavit of the heir until the custodian of medical records receives written notice of the appointment of an executor or administrator.
  5. A custodian of medical records shall not be required to provide more than three (3) heirs with a copy of the decedent’s medical records before the appointment of an executor or administrator.
  6. The provisions of this section shall not prohibit an executor or administrator from requesting and receiving the medical records of a decedent after his or her appointment.

HISTORY: Laws, 2009, ch. 524, § 1, eff from and after July 1, 2009.

Chapter 11. State Charity Hospitals; Mississippi Children’s Rehabilitation Center

In General

§§ 41-11-1 through 41-11-5. Repealed.

Repealed by Laws, 1989, ch. 527, § 3, eff from and after June 30, 1989.

§41-11-1. [Codes, Hemingway’s 1917, § 3966; 1930, § 4610; 1942, § 6965; Laws, 1912, ch. 166; Laws, 1922, ch. 246]

§41-11-3. [Codes, 1930, § 4612; 1942, § 6967; Laws, 1924, ch. 307]

§41-11-5. [Codes, 1930, § 4613; 1942, § 6968; Laws, 1924, ch. 307]

Editor’s Notes —

Former §41-11-1 pertained to admission of patients into charity hospital.

Former §41-11-3 directed the board of trustees to prescribe terms of admission.

Former §41-11-5 required the superintendent to keep account of cost of treatment.

§ 41-11-7. Certain counties and municipalities authorized to make appropriations to University of Mississippi Medical Center.

In all counties and municipalities whose residents use the facilities of the University of Mississippi Medical Center, the board of supervisors is hereby authorized and empowered, in its discretion, to make an unlimited annual appropriation to the Medical Center, and the governing authorities of the municipality are hereby authorized and empowered, in their discretion, to make an unlimited annual appropriation to the Medical Center. The funds thus appropriated by the county and by the municipality for the added maintenance and support of the Medical Center shall be paid from the General Fund of the county and the municipality, and the amount thus appropriated by the county and by the municipality may be paid in monthly installments for the use and benefit of the Medical Center.

HISTORY: Codes, 1942, §§ 2998.5, 2998.7; Laws, 1950, ch. 297; Laws, 1958, ch. 358; Laws, 1979, ch. 400, § 1; Laws, 1989, ch. 527, § 2, eff from and after June 30, 1989.

Cross References —

University of Mississippi medical Center, see §§37-115-41 et seq.

§ 41-11-9. Repealed.

Repealed by Laws, 1989, ch. 527, § 3, eff from and after June 30, 1989.

[Codes, Hemingway’s 1917, § 3966; 1930, §§ 4610, 4611; 1942, §§ 6965, 6966; Laws, 1912, ch. 166; Laws, 1922, ch. 246]

Editor’s Notes —

Former §41-11-9 provided penalties for violations as to admissions.

§ 41-11-11. Closure of Kuhn Memorial State Hospital, South Mississippi State Hospital, and Matty Hersee Hospital; procedures.

  1. From and after July 1, 1989, the Kuhn Memorial State Hospital at Vicksburg, the South Mississippi State Hospital at Laurel, and the Matty Hersee Hospital at Meridian shall be closed, and the Legislature shall not appropriate any funds for the operation of those hospitals after that date. For each such hospital for which title to the hospital buildings and the land upon which they are located remains in the State of Mississippi after closure of the hospital, except for any part thereof which has been previously leased to a political subdivision or which is used by another state agency or department, the Governor’s Office of General Services, Bureau of Building, Grounds and Real Property Management, shall be authorized to sell and transfer title to each of such hospital buildings and such land to any individual, corporation or other entity for an amount not less than the fair market value thereof as determined by three (3) real estate appraisers. However, prior to any such sale, the Office of General Services shall publish notice of its intention to sell the same in a newspaper of general circulation in the county in which the property is located and in Hinds County, Mississippi, and in such publication shall solicit requests for proposals for the use of such property by agencies, departments or political subdivisions of the State of Mississippi. If proposals are received, the Office of General Services shall review the proposals to determine if any proposed use of the property, both real and personal, will reasonably be used to provide a needed service not presently provided by the State of Mississippi or by a political subdivision thereof. If the Office of General Services determines that such needed service may be provided by another state agency, department or political subdivision, it shall transfer title to the real and personal property, as may be needed, to such agency, department or political subdivision subject to any leases or uses of the property by another state agency, department or political subdivision. If no proposals are received, the Office of General Services may proceed with the sale of the property as provided above in this subsection. The Office of General Services shall submit to the Governor and the Legislature a copy of all proposals received and a detailed statement and explanation of its decision to transfer or not transfer such property no later than October 1, 1989. Any funds received from the sale of such buildings and land shall be paid into the State General Fund.
  2. Any equipment and supplies of such hospitals which cannot be used by any transferee agency, department or political subdivision and which may be used by the University Medical Center or any other agency or institution of the state shall be offered to the Medical Center and other state agencies and institutions, and may be given to any such agency or institution desiring the same upon request, at no charge. If the same equipment or supplies are requested by more than one (1) agency or institution, the State Fiscal Management Board shall determine which agency or institution will be given the equipment or supplies being requested. Any equipment and supplies remaining after being offered to the state agencies and institutions shall be sold by the Fiscal Management Board after advertising for bids thereon. Any funds received from the sale of such equipment and supplies shall be paid into the State General Fund.
  3. None of such hospitals shall admit any person as an inpatient into the hospital after June 15, 1989. Each of the hospitals shall make every effort to locate and make arrangements with hospitals or other appropriate institutions to provide treatment and care to any patients who will continue to need treatment and care after June 30, 1989.
  4. Any monies owed to such hospitals but not collected by June 30, 1989, including, but not limited to payments from Medicare, health or hospitalization insurance, other third parties, or from the patient or his family or estate, shall be paid to the Fiscal Management Board, which shall transfer all such monies received into the State General Fund. Any valid debts or other obligations of such hospitals incurred before July 1, 1989, which have not been paid or finally satisfied by June 30, 1989, including any that were not billed to the hospitals until after June 30, 1989, shall remain an obligation of the state and shall be paid by the Fiscal Management Board from funds appropriated for such purpose. Any ending cash balance of any such hospital on June 30, 1989, shall be applied to payment of any indebtedness or other obligations of that hospital before any other funds are used for such purpose.

HISTORY: Laws, 1989, ch. 527, § 1, eff from and after June 30, 1989, except subsection (3), eff from and after June 1, 1989.

Editor’s Notes —

Section 7-1-451 provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Section 27-104-1 provides that the term “Fiscal Management Board” shall mean the “Department of Finance and Administration”.

South Mississippi State Hospital [Repealed]

§ 41-11-31. Repealed.

Repealed by Laws, 1989, ch. 527, § 3, eff from and after June 30, 1989.

[Codes, Hemingway’s 1917, § 3954; 1930, § 4598; 1942, § 6931; Laws, 1916, ch. 108; Laws, 1966, ch. 452, § 1]

Editor’s Notes —

Former §41-11-31 provided for the continued existence of the South Mississippi State Hospital, formerly the South Mississippi Charity Hospital.

Matty Hersee Hospital [Repealed]

§ 41-11-51. Repealed.

Repealed by Laws, 1989, ch. 527, § 3, eff from and after June 30, 1989.

[Codes, 1930, § 4601; 1942, § 6934; Laws, 1922, ch. 299; Laws, 1924, ch. 311]

Editor’s Notes —

Former §41-11-51 provided for the continued existence of the Matty Hersee Hospital, formerly the East Mississippi Charity Hospital.

Diagnostic and Treatment Center [Repealed]

§§ 41-11-71 through 41-11-91. Repealed.

Repealed by Laws, 1989, ch. 527, § 3, eff from and after June 30, 1989.

§41-11-71. [Codes, 1942, § 6930-01; Laws, 1956, ch. 301, § 1]

§41-11-73. [Codes, 1942, § 6930-02; Laws, 1956, ch. 301, § 2]

§41-11-75. [Codes, 1942, § 6930-03; Laws, 1956, ch. 301, § 3]

§41-11-77. [Codes, 1942, § 6930-06; Laws, 1956, ch. 301, § 6]

§41-11-79. [Codes, 1942, § 6930-04; Laws, 1956, ch. 301, § 4]

§41-11-81. [Codes, 1942, § 6930-05; Laws, 1956, ch. 301, § 5]

§41-11-83. [Codes, 1942, § 6930.07; Laws, 1956, ch. 301, § 7]

§41-11-85. [Codes, 1942, § 6930-08; Laws, 1956, ch. 301, § 8]

§41-11-87. [Codes, 1942, § 6930-09; Laws, 1956, ch. 301, § 9]

§41-11-89. [Codes, 1942, § 6930-10; Laws, 1956, ch. 301, § 10]

§41-11-91. [Codes, 1942, § 6930-11; Laws, 1956, ch. 301, § 11]

Editor’s Notes —

Former §41-11-71 provided for the continued existence of the Kuhn Memorial State Hospital, formerly known as the Mississippi State Charity Hospital at Vicksburg.

Former §41-11-73 contained definitions.

Former §41-11-75 directed that the Kuhn Memorial State Hospital be operated as a diagnostic and treatment center for chronically ill and impaired.

Former §41-11-77 authorized the construction of facilities at Vicksburg.

Former §41-11-79 authorized the state building commission to accept gifts, grants, bequests and devises.

Former §41-11-81 authorized the commission to utilize funds for construction of facilities, repair and maintenance.

Former §41-11-83 specified the powers of state building commission.

Former §41-11-85 authorized the charging of certain patients for treatment.

Former §41-11-87 authorized contracts for treatment with counties, municipalities and organizations.

Former §41-11-89 authorized any municipality or county to provide for treatment for residents.

Former §41-11-91 pertained to the operating funds of hospitals.

Mississippi Children’s Rehabilitation Center

§ 41-11-101. Repealed.

Repealed by Laws, 1989, ch. 544, § 154, eff from and after July 1, 1989.

[Codes, 1942, § 7129-91; Laws, 1956, ch. 308, § 1; Laws, 1968, ch. 437, § 1; Laws, 1972, ch. 322, § 1; Laws, 1981, ch. 498, § 1]

Editor’s Notes —

Former §41-11-101 created the board of trustees of children’s rehabilitation center.

§ 41-11-102. Children’s Rehabilitation Center transferred to University of Mississippi Medical Center, Division of Children’s Rehabilitation.

The administration, supervision, duties and all aspects of the Children’s Rehabilitation Center shall be transferred to the University of Mississippi Medical Center in a division to be called Division of Children’s Rehabilitation. It is the intent that there shall be cooperation between the center, the Blake Center and the Department of Health, Children’s Services.

The University of Mississippi Medical Center is authorized and empowered to minister to the educational, medical and total needs of those affected by cerebral palsy and other crippling conditions which are amenable to such treatment. The center shall be used to the greatest extent possible for such treatment.

HISTORY: Laws, 1989, ch. 544, § 153, eff from and after July 1, 1989.

Cross References —

General provision regarding the reorganization of the executive branch of government, see §§7-17-1 et seq.

§ 41-11-103. Rules and regulations.

The University of Mississippi Medical Center shall promulgate such rules, regulations and policies as may be necessary and desirable to carry out the programs of the Mississippi Children’s Rehabilitation Center.

HISTORY: Codes, 1942, § 7129-91; Laws, 1956, ch: 308, § 1; Laws, 1968, ch. 437, § 1; Laws, 1972, ch. 322, § 1; Laws, 1981, ch. 498, § 2; Laws, 1989, ch. 544, § 156, eff from and after July 1, 1989.

§ 41-11-104. Repealed.

Repealed by its own terms effective from and after July 1, 1991.

[Laws, 1989, ch. 544, § 155]

Editor’s Notes —

Former §41-11-104 created the Mississippi Children’s Rehabilitation Center Advisory Board.

§ 41-11-105. Constructing, erecting, and equipping center.

The state building commission is hereby authorized and empowered to erect, construct, and equip the Mississippi Children’s Rehabilitation Center, which shall have as its purpose the treatment and education of persons afflicted with cerebral palsy and other crippling conditions which are amenable to such treatment. The cost of constructing, erecting, and equipping such hospital may be paid from such funds as may be appropriated, or may heretofore have been appropriated, for such purpose by the legislature; and funds which are available to the state building commission or which have been set aside and earmarked for the construction, erection, and equipping of the “Crippled Children’s Hospital” under the provisions of Chapter 291, Laws of 1954, or the “Mississippi Hospital School for Cerebral Palsy,” under the provisions of Chapter 308, Laws of 1956, are hereby designated and shall be applied to the constructing, erecting and equipping of the Mississippi Children’s Rehabilitation Center.

HISTORY: Codes, 1942, § 7129-92; Laws, 1954, ch. 291, § 1; Laws, 1956, ch. 308, § 2; Laws, 1972, ch. 322, § 2; Laws, 1981, ch. 498, § 3, eff from and after July 1, 1982.

Editor’s Notes —

Section 31-11-1 provides that wherever the term “state building commission” or “building commission” appears in the laws of the state of Mississippi, it shall be construed to mean the governor’s office of general services. Section 7-1-451, however, provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

§ 41-11-107. Location of center.

The Mississippi Children’s Rehabilitation Center shall be located and constructed on the property and in accordance with the plans and specifications previously designated for the “Crippled Children’s Hospital,” or its successor the “Mississippi Hospital School for Cerebral Palsy,” at its location on Lakeland Drive in the vicinity of the Four-Year School of Medicine and University Hospital. It is intended that there shall be cooperation between the center and said Four-Year School of Medicine and University Hospital.

HISTORY: Codes, 1942, § 7129-93; Laws, 1954, ch. 291, § 2; Laws, 1956 ch. 308, § 3; Laws, 1972, ch. 322, § 3; Laws, 1981, ch. 498, § 4; Laws, 1989, ch. 544, § 157, eff from and after July 1, 1989.

Cross References —

Four-year medical school and university hospital, see §§37-115-21 et seq.

§ 41-11-109. Transfer of center to University medical center; education of patients; eligibility for admission.

When the Mississippi Children’s Rehabilitation Center has been completed and made ready for occupancy, the buildings and land on which they are located, together with any and all equipment therefor, shall be conveyed and transferred by the State Building Commission to the University of Mississippi Medical Center for the use and benefit of the State of Mississippi in accordance with the provisions of Sections 41-11-101 through 41-11-113. Title to all land, buildings and equipment held by the board of trustees of the Mississippi Hospital School for Cerebral Palsy shall be conveyed to the University of Mississippi Medical Center for the use and benefit of the state in accordance with the provisions of such sections.

The University of Mississippi Medical Center may contract for and obtain the services of the board of education for the purpose of conducting educational programs for children in the Mississippi Children’s Rehabilitation Center and all institutions and agencies of the state government are requested and directed to participate and cooperate to the fullest extent authorized by law in rendering assistance towards the rehabilitation and restoration of such cerebral palsy patients and patients with other crippling conditions which are amenable to such treatment.

No member of the family of any member of the board of trustees shall be eligible for treatment in the center. Crippled children shall be admitted to the center insofar as practicable in proportion to the number of such children in the counties of the State of Mississippi, so that all such crippled children shall have equal opportunity for admission to the center.

HISTORY: Codes, 1942, § 7129-94; Laws, 1954, ch. 291, § 3; 956, ch. 308, § 4; Laws, 1972, ch. 322, § 4; Laws, 1981, ch. 498, § 5; Laws, 1989, ch. 544, § 158, eff from and after July 1, 1989.

Editor’s Notes —

Section 41-11-101 referred to in this section was repealed by Laws, 1989, ch. 544, § 154, eff from and after July 1, 1989.

Section 41-11-104, referred to in this section, was repealed by its own terms, effective from and after July 1, 1991.

Section 31-11-1 provides that wherever the term “state building commission” or “building commission” appears in the laws of the State of Mississippi, it shall be construed to mean the governor’s office of general services. Section 7-1-451, however, provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

§ 41-11-111. Acceptance of grants, donations and funds.

The University of Mississippi Medical Center is authorized to accept any and all grants, donations or matching funds from private, public or federal sources in order to add to, improve and enlarge the physical facilities and equipment of the Mississippi Children’s Rehabilitation Center. The State Department of Health and the Crippled Children’s Service are hereby specifically authorized and empowered to provide crutches, braces and any and all other mechanical devices available and designed for the assistance of those persons afflicted with cerebral palsy and other crippling conditions which are amenable to such treatment.

HISTORY: Codes, 1942, § 7129-96; Laws, 1956, ch. 308, § 6; Laws, 1972, ch. 322, § 6; Laws, 1981, ch. 498, § 6; Laws, 1989, ch. 544, § 159, eff from and after July 1, 1989.

§ 41-11-113. Declaration of intent; construction.

It is the intent of Sections 41-11-101 through 41-11-113 to change the name of the “Mississippi Crippled Children’s Treatment and Training Center” to the Mississippi Children’s Rehabilitation Center and to place it under the supervision and control of the University of Mississippi Medical Center. Sections 41-11-101 through 41-11-113 should be construed liberally in order to accomplish the broad objectives in aiding persons afflicted with cerebral palsy and other crippling conditions which are amenable to such treatment, in any and every manner possible by the use of new techniques as they are developed and become known, and by use of the combination of education and medical services for the rehabilitation of such persons.

HISTORY: Codes, 1942, § 7129-95; Laws, 1956, ch. 308, § 5; Laws, 1972, ch. 322, § 5; Laws, 1981, ch. 498, § 7; Laws, 1989, ch. 544, § 160, eff from and after July 1, 1989.

Editor’s Notes —

Section 41-11-101, referred to in this section, was repealed by Laws of 1989, ch. 544, § 154, effective from and after July 1, 1989.

Within sections 41-11-101 through 41-11-113, Section 41-11-104 was repealed by its own terms, effective from and after July 1, 1991.

Chapter 13. Community Hospitals

In General

§§ 41-13-1 through 41-13-9. Repealed.

Repealed by Laws 1982, ch. 395, § 6, eff from and after July 1, 1982.

§41-13-1. [Codes, 1930, § 291; 1942, § 2999; Laws, 1930, ch. 58]

§41-13-3. [Codes, 1930, § 292; 1942, § 3000; Laws, 1930, ch. 58]

§41-13-5. [Codes, 1930, § 292; 1942, § 3000; Laws, 1930, ch. 58]

§41-13-7. [Codes, 1930, § 293; 1942, § 3001; Laws, 1930, ch. 58]

§41-13-9. [Codes, 1930, § 294; 1942, § 3002; Laws, 1930, ch. 58]

Editor’s Notes —

Former §41-13-1 authorized municipalities to create joint hospitals.

Former §41-13-3 authorized the creation of a hospital commission for joint hospitals.

Former §41-13-5 specified the powers and duties of the hospital commission.

Former §41-13-7 authorized monthly appropriation for hospital purposes.

Former §41-13-9 specified procedures for the implementation of a community hospital program.

§ 41-13-10. Definitions.

For purposes of Sections 41-13-10 through 41-13-47, the following words shall have the meanings ascribed herein, unless the context otherwise requires:

“Administrator” shall mean the chief administrative official and executive officer of a community hospital selected by the board of trustees of such community hospital.

“Board of trustees” shall mean the board appointed pursuant to Section 41-13-29, to operate a community hospital.

“Community hospital” shall mean any hospital, nursing home and/or related health facilities or programs, including without limitation, ambulatory surgical facilities, intermediate care facilities, after-hours clinics, home health agencies and rehabilitation facilities, established and acquired by boards of trustees or by one or more owners which is governed, operated and maintained by a board of trustees.

“Owner” shall mean any board of supervisors of any county having an ownership interest in any community hospital or leased facility on behalf of the county or on behalf of any supervisors district, judicial district or election district of the county and shall also mean any governing council or board of any municipality having an ownership interest in any community hospital or leased facility.

“Leased facility” shall mean a hospital, nursing home or related health facilities which an owner has leased to an individual, partnership, corporation, other owner or board of trustees for a term not in excess of fifty (50) years, conditioned upon the facility continuing to operate on a nonprofit basis. A leased facility shall not be deemed or considered to be a community hospital except for purposes of Sections 41-13-19 through 41-13-25, and shall not be subject to the statutory requirements placed on community hospitals except to the extent as may be specifically required by the terms of the applicable lease agreement. However, in situations where another community hospital, acting through its board of trustees, is the lessee of a leased facility, the leased facility shall remain subject to this chapter and other laws applicable to community hospitals, except that the owners of the lessee shall have sole authority to appoint the board of trustees for the leased facility, which shall be the same board of trustees as appointed under Section 41-13-29 for the lessee community hospital.

“Service area” means that area as determined by a board of trustees by its patient origin studies.

HISTORY: Laws, 1985, ch. 511, § 2; Laws, 2002, ch. 441, § 1, eff from and after July 1, 2002.

Editor’s Notes —

Laws of 1985, ch. 511, §§ 1, 10, eff from and after July 1, 1985, provide as follows:

“SECTION 1. It is the intent and purpose of this act to clarify and expand the power of boards of trustees of community hospitals so as to allow such community hospitals to operate efficiently, to offer competitive health care services, to respond more effectively to new developments and regulatory changes in the health care area and to continue to serve and promote the health and welfare of the citizens of the State of Mississippi. This act shall be liberally construed so as to give effect to such intent and purpose.

“SECTION 10. This act shall not affect any rights, duties or obligations heretofore granted or imposed by local and private legislation heretofore enacted for the benefit of any owner or community hospital, and the provisions of this act shall be supplemental to and shall not restrict or repeal any general or special authority, powers, rights or privileges with respect to community hospitals heretofore conferred on board of trustees.”

OPINIONS OF THE ATTORNEY GENERAL

Hospital is “leased facility” under Miss. Code Section 41-13-10(e), and is not to be deemed or considered as community hospital except for purposes of Miss. Code Sections 41-13-19 through 41-13-25; hospital is not, therefore, community hospital for purposes of 1993 amendment to Miss. Code Section 41-13-10. 1993 Miss. Op. Att'y Gen. 406.

If board of trustees had established or acquired nursing home prior to closing of hospital, and nursing home was existent when hospital was closed, then board of trustees of hospital would have continued to exist since “community hospital” as defined by 41-13-10(c) had never ceased to exist. 1994 Miss. Op. Att'y Gen. 976.

Section 41-13-35(5)(n) authorizes the Board of Trustees of a community hospital to enter into contracts with an insurance reciprocal established pursuant to and operated in accordance with Section 41-13-10 et seq. 1995 Miss. Op. Att'y Gen. 542.

Community hospitals are governmental entities and are not subject to local privilege taxes. Exum-1998 Miss. Op. Att'y Gen. 323.

A board of supervisors owning a community hospital within the meaning of this section must, if it elects to lease the community hospital without an option to sell, solicit bids therefor by advertisement. 1998 Miss. Op. Att'y Gen. 439.

A county board of supervisors could approve the assignment of a hospital lease from a nonprofit corporation to a for-profit corporation without being subject to the statute as the hospital was operated by a private, nonprofit corporation and was clearly a “leased facility” within the meaning of subsection (e) of this section. 1999 Miss. Op. Att'y Gen. 82.

Certificates of need, licenses and permits, which empower community hospitals to exist and provide various medical services, are necessarily owned by the owners of the community hospital, but are managed and operated by the board of trustees thereof; thus, applications for new certificates of need by an existing community hospital are effectively in the name of the owner but must be made by its board of trustees. 2000 Miss. Op. Att'y Gen. 156.

A community hospital may not exceed the bounds of its service area and, therefore, a county, as the owner of a community hospital, does not have authority to effect the transfer, under the guise of a lease, of a community hospital’s assets, including licenses and licensed beds, to a for-profit corporation which will then use those licenses and licensed beds to open an existing, non-licensed hospital facility owned by it in another county not shown to be in its service area. 2002 Miss. Op. Att'y Gen. 273.

A community hospital may not exceed the bounds of its service area. 2002 Miss. Op. Att'y Gen. 371.

Where a community hospital is jointly owned by a city and county, any action which must be exercised by the “owner” of the hospital must be exercised by both the city and the county. 2004 Miss. Op. Att'y Gen. 305.

A county does not have the authority to transfer funds from the nursing home to the county general fund or other funds owed and operated by the county. 2004 Miss. Op. Att'y Gen. 270.

Where a building owned by the county for use by a hospital was damaged by fire, the county might, but was not required to, reimburse the hospital for expenses incurred in repairing damage to the hospital buildings resulting from fire. 2005 Miss. Op. Att'y Gen. 120.

A physician-clinic would be considered a “community hospital” for purposes of Section 41-13-10. 2005 Miss. Op. Att'y Gen. 304.

A separate non-profit corporation or limited liability company formed by a community hospital would not fall within the meaning of “community hospital” as set out in Section 41-13-10(c). 2006 Miss. Op. Att'y Gen. 40.

JUDICIAL DECISIONS

1. In general.

2. Location of governing body.

3. Community hospital.

1. In general.

Miss. Code Ann. §41-13-35(5)(n) statutorily empowered community hospital to contract with private physicians in general interest of serving and promoting the health and welfare of the citizens of Mississippi, and a state entity did not lose its status under the Mississippi Tort Claims Act by merely contracting with a private entity; however, the medical center did not meet the statutory definition of a community hospital as it was not governed, operated and maintained by a board of trustees as required by Miss. Code Ann. §41-13-10(c) for a community hospital. Bolivar Leflore Med. Alliance, LLP v. Williams, 938 So. 2d 1222, 2006 Miss. LEXIS 536 (Miss. 2006).

Even if the language in the contract had been convincing enough to create a private entity and the county hospital had been deemed private, the injured person’s claim remained one of premises liability. The agreement did not alter the fact that the county remained the owner of the physical property that comprised the hospital, and includes the sidewalk outside the hospital where the injured person tripped and fell; thus, the trial court did not err in granting summary judgment in favor of the county hospital due to the injured person’s claim being filed outside the one-year statute of limitations under Miss. Code Ann. Section 11-46-11(3). Allstadt v. Baptist Mem'l Hosp., 893 So. 2d 1083, 2005 Miss. App. LEXIS 133 (Miss. Ct. App. 2005).

Trial court properly granted summary judgment in favor of county hospital where an individual did not file suit against the hospital until more than two years after tripping on its sidewalk; the hospital was still a community hospital under Miss. Code Ann. § 41-13110(c) even though it had contracted with a private management company to run the hospital. Allstadt v. Baptist Mem. Hosp., 2004 Miss. App. LEXIS 847 (Miss. Ct. App. Aug. 24, 2004), op. withdrawn, sub. op., 893 So. 2d 1083, 2005 Miss. App. LEXIS 133 (Miss. Ct. App. 2005).

Denial of the general hospital’s and physicians’ motion to transfer venue in a medical malpractice action was improper under the Mississippi Tort Claims Act (MTCA), Miss. Code Ann. §11-46-1 et seq., where the general hospital was entitled to venue in the county in which the principal offices were located, Miss. Code Ann. §11-11-3(1), because the decedent’s heirs failed to assert a reasonable claim of liability against the medical center and the treating physicians. Wayne Gen. Hosp. v. Hayes, 868 So. 2d 997, 2004 Miss. LEXIS 289 (Miss. 2004).

Municipal hospital was entitled to state action immunity from federal antitrust claim arising from its exclusive contract with medical supervisor, who performed chronic dialysis in its facility for end stage renal disease, as (1) it was subdivision of municipal corporation under §§41-13-10 et seq., it was required to obtain certificate of need under §41-7-191(1)(a) and (b), and it had right under §41-13-35(5)(g) to contract with any person to provide services, and (2) purpose of its contract to supervise special unit and perform critical functions was to obtain physician’s dedicated services by displacing unfettered professional medical freedom, and allegedly anticompetitive results were thus foreseeable. Martin v. Memorial Hosp., 86 F.3d 1391, 1996 U.S. App. LEXIS 16695 (5th Cir. Miss. 1996).

2. Location of governing body.

Trial court abused its discretion in denying a motion by a hospital and three physicians to transfer venue in a medical malpractice action because a decedent’s heirs had failed to assert a reasonable claim of liability against certain defendants that had been dismissed from the action and because the hospital was a community hospital under the Mississippi Tort Claims Act and was entitled to venue in the county in which its governing body’s principal offices were located. Wayne Gen. Hosp. v. Hayes, 2003 Miss. LEXIS 598 (Miss. Nov. 6, 2003).

3. Community hospital.

In a case in which a behavioral health limited liability company (LLC) contracted with a community hospital to operate and manage a behavioral unit, and the LLC had not requested a guarantee from the hospital board of trustees (trustees) or the county board of supervisors (supervisors), the simple fact that the hospital was under the direction and control of the trustees and the supervisors did not equate to a responsibility on their part to assume the contractual obligations of the hospital. Sunstone Behavioral Health, LLC v. Covington County Hosp., 2008 U.S. Dist. LEXIS 77381 (S.D. Miss. Aug. 19, 2008).

Where a doctor working in partnership with a community hospital was sued for medical malpractice, the trial court determined that he was entitled to immunity under the Mississippi Tort Claims Act, Miss. Code Ann. §11-46-5. The doctor was an employee of the “community hospital” as defined in Miss. Code Ann. §41-13-10; the community hospital retained control over the medical partnership. Estate of Grimes v. Warrington, 982 So. 2d 365, 2008 Miss. LEXIS 101 (Miss. 2008).

§ 41-13-11. Community hospital liability and insurance.

  1. [Repealed].
  2. [Repealed].
  3. Subsections (1) and (2) of this section shall stand repealed from and after October 1, 1993.
  4. From and after October 1, 1993, the board of trustees of any community hospital is hereby authorized, in its discretion, to obtain and pay for, out of operating funds of the community hospital, liability insurance of such kinds as said board of trustees deems advisable covering the operation of said community hospital, including trustees, employees and volunteers, and every department thereof, and all machinery, equipment, appliances and motor vehicles thereof or used in connection therewith so as to cover damages or injury to persons or property or both caused by the negligence of any member of said board of trustees or of any officer, director, agent, servant, attorney, employee or volunteer of such hospital while engaged in the performance of his duties or working in connection with the operation of said community hospital. Such insurance shall either be procured from a company or companies authorized to do business and doing business in the State of Mississippi or provided through a program of self insurance established pursuant to the provisions of Section 11-46-17, Mississippi Code of 1972. Such insurance shall be for such amounts of coverage and shall cover such trustees, employees, volunteers, departments, installations, equipment, facilities and activities as the board of trustees, in its discretion, shall determine. The board of trustees may likewise indemnify, either by the purchase of insurance or, directly, where funds are available, in whole or in part, any trustee, officer, director, agent, volunteer or employee of said facility or program for actual personal expenses incurred in the defense of any suit, or judgments resulting from said suit, brought against said trustee, officer, director, agent, volunteer or employee for alleged negligent or wrongful conduct committed while under the employment of or while providing service to a community hospital.
  5. Notwithstanding the authority to purchase or provide liability insurance as provided for in subsection (4) of this section, any community hospital, owner or board of trustees shall be subject to and shall be governed by the provisions of Section 11-46-1 et seq., Mississippi Code of 1972, for any cause of action which accrues from and after October 1, 1993, on account of any wrongful or tortious act or omission of any such governmental entity, as defined in Section 11-46-1, Mississippi Code of 1972, or its employees relating to or in connection with any activity or operation of any community hospital.

HISTORY: Codes, 1942, § 3002.3; Laws, 1954, ch. 285, §§ 1, 2; Laws, 1982, ch. 395, § 5; Laws, 1983, ch. 468, § 1; Laws, 1984, ch. 495, § 36; Laws, 1984, 1st Ex Sess, ch. 8, § 1; Laws, 1985, ch. 474, § 49; Laws, 1985, ch. 511, § 3; Laws, 1986, ch. 438, § 20; Laws, 1987, ch. 483, § 25; Laws, 1988, ch. 442, § 22; Laws, 1989, ch. 537, § 21; Laws, 1990, ch. 518, § 22; Laws, 1991, ch. 618, § 21; Laws, 1992, ch. 491 § 22, eff from and after passage (approved May 12, 1992).

Editor’s Notes —

Laws of 1985, ch. 511, §§ 1, 10, eff from and after July 1, 1985, provide as follows:

“SECTION 1. It is the intent and purpose of this act to clarify and expand the power of boards of trustees of community hospitals so as to allow such community hospitals to operate efficiently, to offer competitive health care services, to respond more effectively to new developments and regulatory changes in the health care area and to continue to serve and promote the health and welfare of the citizens of the State of Mississippi. This act shall be liberally construed so as to give effect to such intent and purpose.

“SECTION 10. This act shall not affect any rights, duties or obligations heretofore granted or imposed by local and private legislation heretofore enacted for the benefit of any owner or community hospital, and the provisions of this act shall be supplemental to and shall not restrict or repeal any general or special authority, powers, rights or privileges with respect to community hospitals heretofore conferred on board of trustees.”

Former subsection (1) of this section, relating to immunity for certain activities in connection with the operation of community hospitals, and subsection (2), relating to liability insurance, were repealed by Laws of 1992, ch. 491, § 22, eff from and after October 1, 1993.

Cross References —

Immunity of state and political subdivisions from liability and suit for torts and torts of its employees, see §§11-46-1 et seq.

Liability insurance coverage of public ambulance service, see §41-55-5.

OPINIONS OF THE ATTORNEY GENERAL

Section 41-13-11 does not preclude the hospital Board of Trustees from honoring its indemnification obligations simply because the indemnitee has procured insurance in his defense. 1995 Miss. Op. Att'y Gen. 259.

RESEARCH REFERENCES

ALR.

Liability of charitable organization under respondeat superior doctrine for tort of unpaid volunteer. 82 A.L.R.3d 1213.

Hospital’s liability for mentally deranged patient’s self-inflicted injuries. 36 A.L.R.4th 117.

Hospital’s liability for patient’s injury or death resulting from escape or attempted escape. 37 A.L.R.4th 200.

Liability of hospital or sanitarium for negligence of physician or surgeon. 51 A.L.R.4th 235.

Malpractice in diagnosis and treatment of male urinary tract and related organs. 48 A.L.R.5th 575.

Liability of health maintenance organizations (HMOs) for negligence of member physicians. 51 A.L.R.5th 271.

Am. Jur.

1B Am. Jur. Pl & Pr Forms (Rev), Agency, Form 224.1 (complaint, petition, or declaration – allegation – against hospital – reliance on apparent authority of physician – hospital held itself out as full service hospital).

13A Am. Jur. Pl & Pr Forms (Rev), Hospitals and Asylums, Forms 41 et seq. (liability for injuries).

19A Am. Jur. Pl & Pr Forms (Rev), Physicians, Surgeons, and Other Healers, Forms 121 et seq. (care of patients; liability for malpractice).

35 Am. Jur. Proof of Facts 2d 75, Hospital’s Failure to Prevent Patient from Falling.

43 Am. Jur. Proof of Facts 2d 109, Hospital – Acquired Infections.

25 Am. Jur. Trials 185, Hospital Recovery Room Accidents.

CJS.

41 C.J.S., Hospitals § 1.

JUDICIAL DECISIONS

1. In general.

Defense costs eroded a community hospital’s insurance policy’s coverage limits because (1) the policy so stated, (2) public policy did not bar the provision, as public policy did not bar a defense-within-limits policy, and Miss. Code Ann. §§41-13-11 and11-46-17(3) created no such public policy, and (3) a defense-within-limits clause was not unenforceable for not being placed on the hospital’s board’s minutes. Fed. Ins. Co. v. Singing River Health Sys., 850 F.3d 187, 2017 U.S. App. LEXIS 3742 (5th Cir. Miss. 2017).

County medical center was a community hospital as defined by Miss. Code Ann. §41-13-10, therefore it was governed by and afforded the immunity protection of the Mississippi Tort Claims Act, Miss. Code Ann. §§11-46-1 through11-46-23. Gilchrist v. Veach, 807 So. 2d 485, 2002 Miss. App. LEXIS 79 (Miss. Ct. App. 2002).

A nurse employed by a county hospital was not shielded by immunity under §41-13-11; no reference is made under any subsection of §41-13-11 or elsewhere to the existence of immunity for employees of community hospitals, and, in providing for indemnification of employees, the statute clearly anticipates that a judgment may well be rendered against an employee for his or her negligent or wrongful conduct. Sullivan v. Sumrall, 618 So. 2d 1274, 1993 Miss. LEXIS 204 (Miss. 1993).

Section 41-13-11 clearly seeks to exempt county hospitals from liability for actions which may fail to meet a prescribed duty, and the statutory language “notwithstanding that such act or omission may or may not arise out of any activity, transaction or service for which any fee, charge, cost, or other consideration was received or expected to be received in exchange therefor” evinces a clear intent on the part of the legislature to apply the immunity to duties which arise by way of contract; where the legislature has manifested a clear intent to immunize the agencies of the State from suits which arise out of the alleged failures by the agency to fulfill duties implicit in a contractual relationship, that policy will be applied to bar suits in contract as well as in tort. Womble v. Singing River Hosp., 618 So. 2d 1252, 1993 Miss. LEXIS 125 (Miss. 1993), limited, Sparks v. Kim, 701 So. 2d 1113, 1997 Miss. LEXIS 619 (Miss. 1997), limited, Barnes v. Singing River Hosp. Sys., 733 So. 2d 199, 1999 Miss. LEXIS 31 (Miss. 1999).

A community hospital’s requirement that its emergency room physicians purchase malpractice insurance did not constitute a waiver of the hospital’s tort immunity to the extent of the malpractice coverage carried by its physicians. Womble v. Singing River Hosp., 618 So. 2d 1252, 1993 Miss. LEXIS 125 (Miss. 1993), limited, Sparks v. Kim, 701 So. 2d 1113, 1997 Miss. LEXIS 619 (Miss. 1997), limited, Barnes v. Singing River Hosp. Sys., 733 So. 2d 199, 1999 Miss. LEXIS 31 (Miss. 1999).

A community hospital’s adoption of a resolution that it would indemnify employees occupying certain job positions for expenses incurred in defending suits or judgments incurred in suits for negligence arising out of their employment did not constitute a waiver of the hospital’s immunity to the extent of the specified indemnification limits. Womble v. Singing River Hosp., 618 So. 2d 1252, 1993 Miss. LEXIS 125 (Miss. 1993), limited, Sparks v. Kim, 701 So. 2d 1113, 1997 Miss. LEXIS 619 (Miss. 1997), limited, Barnes v. Singing River Hosp. Sys., 733 So. 2d 199, 1999 Miss. LEXIS 31 (Miss. 1999).

Even if a hospital had traditionally used funds from its “excess revenues” account to settle claims and pay judgments pursuant to the authority granted by §41-13-35(5)(h), such expenditures would not constitute a waiver of immunity with regard to future “excess revenues.” Womble v. Singing River Hosp., 618 So. 2d 1252, 1993 Miss. LEXIS 125 (Miss. 1993), limited, Sparks v. Kim, 701 So. 2d 1113, 1997 Miss. LEXIS 619 (Miss. 1997), limited, Barnes v. Singing River Hosp. Sys., 733 So. 2d 199, 1999 Miss. LEXIS 31 (Miss. 1999).

Any immunities protecting State entities will likewise shield the public officials affiliated with them when they are sued in their official capacities; thus, the individual members of the board of trustees of a community hospital were immunized from suit by §41-13-11’s shield of governmental immunity. Womble v. Singing River Hosp., 618 So. 2d 1252, 1993 Miss. LEXIS 125 (Miss. 1993), limited, Sparks v. Kim, 701 So. 2d 1113, 1997 Miss. LEXIS 619 (Miss. 1997), limited, Barnes v. Singing River Hosp. Sys., 733 So. 2d 199, 1999 Miss. LEXIS 31 (Miss. 1999).

Neither decision abolishing judicial doctrine of sovereign immunity nor legislation enacted to replace that doctrine have any bearing on hospital’s motion for summary judgment on ground that it is entitled to immunity from suit under §41-13-11(1) [repealed]. Johnese v. Jefferson Davis Memorial Hospital, 637 F. Supp. 1198, 1986 U.S. Dist. LEXIS 22785 (S.D. Miss. 1986).

§ 41-13-13. Repealed.

Repealed by Laws, 1982, ch. 395, § 6, eff from and after July 1, 1982.

[Codes, 1942, § 3002.5; Laws, 1956, ch. 309, §§ 1, 2]

Editor’s Notes —

Former §41-13-13 authorized the construction of hospitals in certain counties under the Hill-Burton Act.

§ 41-13-15. Community hospitals and health facilities in counties and municipalities.

  1. Any county and/or any political or judicial subdivision of a county and/or any municipality of the State of Mississippi, acting individually or jointly, may acquire and hold real estate for a community hospital either recognized and/or licensed as such by either the State of Mississippi or the United States Government, and may, after complying with applicable health planning and licensure statutes, construct a community hospital thereon and/or appropriate funds according to the provisions of this chapter for the construction, remodeling, maintaining, equipping, furnishing and expansion of such facilities by the board of trustees upon such real estate.
  2. Where joint ownership of a community hospital is involved, the owners are hereby authorized to contract with each other for determining the pro rata ownership of such community hospital, the proportionate cost of maintenance and operation, and the proportionate financing that each will contribute to the community hospital.
  3. The owners may likewise contract with each other, or on behalf of any subordinate political or judicial subdivision, or with the board of trustees of a community hospital, and/or any agency of the State of Mississippi or the United States Government, for necessary purposes related to the establishment, operation or maintenance of community hospitals and related programs wherever located, and may either accept from, sell or contribute to the other entities, monies, personal property or existing health facilities. The owners or the board of trustees may also receive monies, property or any other valuables of any kind through gifts, donations, devises or other recognized means from any source for the purpose of hospital use.
  4. Owners and boards of trustees, acting jointly or severally, may acquire and hold real estate for offices for physicians and other health-care practitioners and related health care or support facilities, provided that any contract for the purchase of real property must be ratified by the owner, and may thereon construct and equip, maintain and remodel or expand such offices and related facilities, and the board of trustees may lease same to members of the hospital staff or others at a rate deemed to be in the best interest of the community hospital.
  5. If any political or judicial subdivision of a county is obligated hereunder, the boundaries of such district shall not be altered in such a manner as to relieve any portion thereof of its obligation hereunder.
  6. Owners may convey to any other owner any or all property, real or personal, comprising any existing community hospital, including related facilities, wherever located, owned by such conveying owner. Such conveyance shall be upon such terms and conditions as may be agreed upon and may make such provisions for transfers of operating funds and/or for the assumption of liabilities of the community hospital as may be deemed appropriate by the respective owners.
    1. Except as provided for in subsection (11) of this section, owners may lease all or part of the property, real or personal, comprising a community hospital, including any related facilities, wherever located, and/or assets of such community hospital, to any individual, partnership or corporation, whether operating on a nonprofit basis or on a profit basis, or to the board of trustees of such community hospital or any other owner or board of trustees, subject to the applicable provisions of subsections (8), (9) and (10) of this section. The term of such lease shall not exceed fifty (50) years. Such lease shall be conditioned upon (i) the leased facility continuing to operate in a manner safeguarding community health interests; (ii) the proceeds from the lease being first applied against such bonds, notes or other evidence of indebtedness as are issued pursuant to Section 41-13-19 as and when they are due, provided that the terms of the lease shall cover any indebtedness pursuant to Section 41-13-19; and (iii) any surplus proceeds from the lease being deposited in the general fund of the owner, which proceeds may be used for any lawful purpose. Such lease shall be subject to the express approval of the board of trustees of the community hospital, except in the case where the board of trustees of the community hospital will be the lessee. However, owners may not lease any community hospital to the University of Mississippi Medical Center unless first the University of Mississippi Medical Center has obtained authority to lease such hospital under specific terms and conditions from the Board of Trustees of State Institutions of Higher Learning.

      If the owner wishes to lease a community hospital without an option to sell it and the approval of the board of trustees of the community hospital is required but is not given within thirty (30) days of the request for its approval by the owner, then the owner may enter such lease as described herein on the following conditions: A resolution by the owner describing its intention to enter such lease shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper published in the county or city, as the case may be, or if none be so published, in a newspaper having a general circulation therein. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed in such resolution for the lease of the community hospital and the last publication shall be made not more than seven (7) days prior to such date. If, on or prior to the date fixed in such resolution for the lease of the community hospital, there shall be filed with the clerk of the owner a petition signed by twenty percent (20%) or fifteen hundred (1500), whichever is less, of the qualified voters of such owner, requesting that an election be called and held on the question of the lease of the community hospital, then it shall be the duty of the owner to call and provide for the holding of an election as petitioned for. In such case, no such lease shall be entered into unless authorized by the affirmative vote of the majority of the qualified voters of such owner who vote on the proposition at such election. Notice of such election shall be given by publication in like manner as hereinabove provided for the publication of the initial resolution. Such election shall be conducted and the return thereof made, canvassed and declared as nearly as may be in like manner as is now or may hereafter be provided by law in the case of general elections in such owner. If, on or prior to the date fixed in the owner’s resolution for the lease of the community hospital, no such petition as described above is filed with the clerk of the owner, then the owner may proceed with the lease subject to the other requirements of this section. Subject to the above conditions, the lease agreement shall be upon such terms and conditions as may be agreed upon and may make such provision for transfers of tangible and intangible personal property and operating funds and/or for the assumption of liabilities of the community hospital and for such lease payments, all as may be deemed appropriate by the owners.

    2. Owners may sell and convey all or part of the property, real or personal, comprising a community hospital, including any related facilities, wherever located, and/or assets of such community hospital, to any individual, partnership or corporation, whether operating on a nonprofit basis or on a profit basis, or to the board of trustees of such community hospital or any other owner or board of trustees, subject to the applicable provisions of subsections (8) and (10) of this section. Such sale and conveyance shall be upon such terms and conditions as may be agreed upon by the owner and the purchaser that are consistent with the requirements of this section, and the parties may make such provisions for the transfer of operating funds or for the assumption of liabilities of the facility, or both, as they deem appropriate. However, such sale and conveyance shall be conditioned upon (i) the facility continuing to operate in a manner safeguarding community health interests; (ii) the proceeds from such sale being first applied against such bonds, notes or other evidence of indebtedness as are issued pursuant to Section 41-13-19 as and when they are due, provided that the terms of the sale shall cover any indebtedness pursuant to Section 41-13-19; and (iii) any surplus proceeds from the sale being deposited in the general fund of the owner, which proceeds may be used for any lawful purpose. However, owners may not sell or convey any community hospital to the University of Mississippi Medical Center unless first the University of Mississippi Medical Center has obtained authority to purchase such hospital under specific terms and conditions from the Board of Trustees of State Institutions of Higher Learning.
  7. Whenever any owner decides that it may be in its best interests to sell or lease a community hospital as provided for under subsection (7) of this section, the owner shall first contract with a certified public accounting firm, a law firm or competent professional health care or management consultants to review the current operating condition of the community hospital. The review shall consist of, at minimum, the following:
    1. A review of the community’s inpatient facility needs based on current workload, historical trends and projections, based on demographic data, of future needs.
    2. A review of the competitive market for services, including other hospitals which serve the same area, the services provided and the market perception of the competitive hospitals.
    3. A review of the hospital’s strengths relative to the competition and its capacity to compete in light of projected trends and competition.
    4. An analysis of the hospital’s options, including service mix and pricing strategies. If the study concludes that a sale or lease should occur, the study shall include an analysis of which option would be best for the community and how much revenues should be derived from the lease or sale.
  8. After the review and analysis under subsection (8) of this section, an owner may choose to sell or lease the community hospital. If an owner chooses to sell such hospital or lease the hospital with an option to sell it, the owner shall follow the procedure specified in subsection (10) of this section. If an owner chooses to lease the hospital without an option to sell it, it shall first spread upon its minutes why such a lease is in the best interests of the persons living in the area served by the facility to be leased, and it shall make public any and all findings and recommendations made in the review required under proposals for the lease, which shall state clearly the minimum required terms of all respondents and the evaluation process that will be used when the owner reviews the proposals. The owner shall lease to the respondent submitting the highest and best proposal. In no case may the owner deviate from the process provided for in the request for proposals.
  9. If an owner wishes to sell such community hospital or lease the hospital with an option to sell it, the owner first shall conduct a public hearing on the issue of the proposed sale or lease with an option to sell the hospital. Notice of the date, time, location and purpose of the public hearing shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper published in the county or city, as the case may be, or if none be so published, in a newspaper having a general circulation therein. The first publication of the notice shall be made not less than twenty-one (21) days before the date of the public hearing and the last publication shall be made not more than seven (7) days before that date. If, after the public hearing, the owner chooses to sell or lease with an option to sell the hospital, the owner shall adopt a resolution describing its intention to sell or lease with an option to sell the hospital, which shall include the owner’s reasons why such a sale or lease is in the best interests of the persons living in the area served by the facility to be sold or leased. The owner then shall publish a copy of the resolution; the requirements for proposals for the sale or lease with an option to sell the hospital, which shall state clearly the minimum required terms of all respondents and the evaluation process that will be used when the owner reviews the proposals; and the date proposed by the owner for the sale or lease with an option to sell the hospital. Such publication shall be made once a week for at least three (3) consecutive weeks in at least one (1) newspaper published in the county or city, as the case may be, or if none be so published, in a newspaper having a general circulation therein. The first publication of the notice shall be made not less than twenty-one (21) days before the date proposed for the sale or lease with an option to sell the hospital and the last publication shall be made not more than seven (7) days before that date. If, on or before the date proposed for the sale or lease of the hospital, there is filed with the clerk of the owner a petition signed by twenty percent (20%) or fifteen hundred (1500), whichever is less, of the qualified voters of the owner, requesting that an election be called and held on the question of the sale or lease with an option to sell the hospital, then it shall be the duty of the owner to call and provide for the holding of an election as petitioned for. In that case, no such sale or lease shall be entered into unless authorized by the affirmative vote of the majority of the qualified voters of the owner who vote on the proposition at such election. Notice of the election shall be given by publication in the same manner as provided for the publication of the initial resolution. The election shall be conducted and the return thereof made, canvassed and declared in the same manner as provided by law in the case of general elections in the owner. If, on or before the date proposed for the sale or lease of the hospital, no such petition is filed with the clerk of the owner, then the owner may sell or lease with an option to sell the hospital. Such sale or lease shall be made to the respondent submitting the highest and best proposal. In no case may the owner deviate from the process provided for in the request for proposals.
  10. A lessee of a community hospital, under a lease entered into under the authority of Section 41-13-15, in effect prior to July 15, 1993, or an affiliate thereof, may extend or renew such lease whether or not an option to renew or extend the lease is contained in the lease, for a term not to exceed fifteen (15) years, conditioned upon (a) the leased facility continuing to operate in a manner safeguarding community health interest; (b) proceeds from the lease being first applied against such bonds, notes or other evidence of indebtedness as are issued pursuant to Section 41-13-19; (c) surplus proceeds from the lease being used for health related purposes; (d) subject to the express approval of the board of trustees of the community hospital; and (e) subject to the express approval of the owner. If no board of trustees is then existing, the owner shall have the right to enter into a lease upon such terms and conditions as agreed upon by the parties. Any lease entered into under this subsection (11) may contain an option to purchase the hospital, on such terms as the parties shall agree.

HISTORY: Codes, 1942, § 7129-50; Laws, 1944, ch. 277, § 1; Laws, 1946, ch. 412, § 1; Laws, 1948, ch. 435, § 1; Laws, 1954, ch. 294, § 1; Laws, 1958, ch. 356; Laws, 1960, ch. 353; Laws, 1962, ch. 401; Laws, 1966, ch. 461, § 1; Laws, 1968, ch. 442, § 1; Laws, 1972, ch. 321, § 1; ch. 494, § 1; Laws, 1973, ch. 442, § 1; Laws, 1974, ch. 487; Laws, 1977, ch. 389; Laws, 1979, ch. 463; Laws, 1982, ch. 395, § 1; Laws, 1985, ch. 511, § 4; Laws, 1987, ch. 494; Laws, 1988, ch. 387; Laws, 1989, ch. 426, § 1; Laws, 1990, ch. 383, § 1; Laws, 1992, ch. 551 § 1; Laws, 1993, ch. 535, § 1; Laws, 1994, ch. 546, § 1, eff from and after July 1, 1994.

Editor’s Notes —

Laws of 1985, ch. 511, §§ 1, 10, eff from and after July 1, 1985, provide as follows:

“SECTION 1. It is the intent and purpose of this act to clarify and expand the power of boards of trustees of community hospitals so as to allow such community hospitals to operate efficiently, to offer competitive health care services, to respond more effectively to new developments and regulatory changes in the health care area and to continue to serve and promote the health and welfare of the citizens of the State of Mississippi. This act shall be liberally construed so as to give effect to such intent and purpose.

“SECTION 10. This act shall not affect any rights, duties or obligations heretofore granted or imposed by local and private legislation heretofore enacted for the benefit of any owner or community hospital, and the provisions of this act shall be supplemental to and shall not restrict or repeal any general or special authority, powers, rights or privileges with respect to community hospitals heretofore conferred on board of trustees.”

On July 15, 1993, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 1993, ch. 535, § 1.

Cross References —

Exercise of power of eminent domain, generally, see §§11-27-1 et seq.

Municipal power to establish and maintain hospitals, see §§21-17-1,21-19-5,21-19-7.

Regulation of hospitals, see §§41-9-1 et seq.

Immunity of entities operating hospitals created under this section, liability insurance and waiver of immunity, see §41-13-11.

Provision that terms of lease of community hospital or any of its assets shall cover any indebtedness under this section, see §41-13-15.

Authorization for ad valorem tax supporting facilities and services established under provisions of §§41-13-15 through41-13-51, see §41-13-25.

Power of the board of trustees of a hospital to appoint the administrator, superintendent or other chief officer of the hospital, see §41-13-35.

Authority of boards of trustees of community hospitals to contract with the Mississippi Hospital Equipment and Facilities Authority for financing or refinancing of hospital equipment or facilities, see §41-73-47.

Institutions for the aged and infirm, see §§43-11-1 et seq.

OPINIONS OF THE ATTORNEY GENERAL

When all legal requirements for establishment, operation and designation of service area of home health agency were fully complied with and agency had acquired all proper certificates and/or permits required by law and was in compliance with all applicable state and federal laws and regulations, city did have legal authority to continue as owner of Home Health Agency and operate agency in its multi-county service area. 1994 Miss. Op. Att'y Gen. 84.

The review and analysis conducted under Section 41-13-15(8) should provide enough information for owners to make a decision concerning which option would be best for the community. 1995 Miss. Op. Att'y Gen. 631.

Based on the facts, if property is a leased facility rather than a community hospital, then the board would not be subject to the statutory requirements of Section 41-13-15 when selling the property. The Board of Supervisors may sell the property in the manner provided for in Sections 19-7-3 and 19-7-5. 1996 Miss. Op. Att'y Gen. 521.

If, after the review required by subsection eight of this section is carried out, the owner a hospital determines that it is in the best interest of the community that the hospital be leased to a nonprofit entity and that such arrangement would better serve the health care needs of the community, it is within the power of the owner, acting in connection with the hospital board of trustees, to limit proposals to lease to such nonprofit entities. 1997 Miss. Op. Att'y Gen. 772.

A board of supervisors owning a community hospital within the meaning of this section must, if it elects to lease the community hospital without an option to sell, solicit bids therefor by advertisement. 1998 Miss. Op. Att'y Gen. 439.

Pursuant to subsection (7) of this section, and subject to the applicable provisions of subsections (8), (9), and (10) of this section, a lease or sale of a community hospital may be made under such terms and conditions as may be agreed upon by the owner and purchaser or lessee, and shall be conditioned, in part, upon the facility operating in a manner safeguarding community health interests; further, the terms of a proposed lease or sale may include a provision for reverter of the hospital to the municipality/owner in the event that the hospital ceases to operate as a hospital. 1999 Miss. Op. Att'y Gen. 7.

A county board of supervisors could approve the assignment of a hospital lease from a nonprofit corporation to a for profit corporation without being subject to this section as the hospital was operated by a private, nonprofit corporation and was clearly a “leased facility” within the meaning of 41-13-10 (e). 1999 Miss. Op. Att'y Gen. 82.

If a lease of a county owned hospital was entered into under authority of this section and prior to July 15, 1993, then the county could negotiate a lease renewal without advertising and could include therein an option to purchase. 1999 Miss. Op. Att'y Gen. 48.

A board of trustees of a community hospital may convey real property owned by the hospital to the board of supervisors of the county in which the hospital is located. 1999 Miss. Op. Att'y Gen. 218.

Sections 41-13-15 through 41-13-53 do not authorize the execution of a deed of trust or mortgage upon community hospital real property as collateral for borrowings. 1999 Miss. Op. Att'y Gen. 218.

Subsection (11) of this section permits a board of supervisors, which has permitted the sublease of a community hospital from the original lessor to a sublessee, to negotiate with the sublessee, without advertising, for a renewal or extension of the original lease not to exceed 15 years upon compliance with the provisions of that subsection. 1999 Miss. Op. Att'y Gen. 248.

A county board of supervisors may create a nonprofit corporation and serve as the sole member thereof and may fund such corporation from the surplus proceeds of a sale or lease of a community hospital owned by the county, when the funds are expended by the corporation to improve the quality of health care provided to citizens and residents of the county, and providing instruction on the improvement of personal health. 1999 Miss. Op. Att'y Gen. 370.

A county board of supervisors had the authority to lease a hospital or to sell or lease with an option to sell, provided all applicable requirements of the statute were satisfied prior to such transaction. 2000 Miss. Op. Att'y Gen. 674.

With regard to the lease of a hospital, a county board of supervisors was required to make appropriate findings upon the minutes that the terms of any lease that were agreed upon between the board and the lessee (a nonprofit corporation) were appropriate, considering the intent to continue the provision of health care services to the community. 2000 Miss. Op. Att'y Gen. 674.

The owners of a community hospital could not adopt criteria and minimum requirements in a request for proposals under subsection (7) that would limit the respondents only to a nonprofit corporation that had as its sole member the board of the hospital. 2000 Miss. Op. Att'y Gen. 36.

The statute permits the inclusion of an option to purchase in an extension or renewal of a lease of a community hospital if the lease was in effect prior to July 15, 1993 and, therefore, a county board of supervisors could amend an existing lease agreement, as extended, to include an option to purchase clause with the existing lessee, thereby allowing the board to negotiate and sell the hospital without the necessity of advertisement for bids. Lee, Jr., 2000 Miss. Op. Att'y Gen. 98.

The owners of a community hospital could not adopt criteria and minimum requirements in a request for proposals under subsection (7) that would limit respondents to a nonprofit corporation that had as its sole member the board of the hospital since such action would be completely anticompetitive and thwart the legislative intent of the statute. 2000 Miss. Op. Att'y Gen. 114.

Certificates of need, licenses and permits, which empower community hospitals to exist and provide various medical services, are necessarily owned by the owners of the community hospital, but are managed and operated by the board of trustees thereof; thus, applications for new certificates of need by an existing community hospital are effectively in the name of the owner but must be made by its board of trustees. 2000 Miss. Op. Att'y Gen. 156.

A community hospital may not exceed the bounds of its service area and, therefore, a county, as the owner of a community hospital, does not have authority to effect the transfer, under the guise of a lease, of a community hospital’s assets, including licenses and licensed beds, to a for-profit corporation which will then use those licenses and licensed beds to open an existing, non-licensed hospital facility owned by it in another county not shown to be in its service area. 2002 Miss. Op. Att'y Gen. 273.

Surplus proceeds from the sale of a nursing home owned by a county should be placed in the county’s general fund and the county may then use those funds for any lawful purpose for which general funds may be expended: note that a county may not expend general fund monies for the purpose of maintaining or constructing county or municipal roads. 2003 Miss. Op. Att'y Gen. 736.

Owners of a community hospital have the statutory authority to enter into a lease with a private company. 2004 Miss. Op. Att'y Gen. 10.

Interpretation of the phrase “date proposed for the sale” as being the date established in the notice that proposals are to be received is logical and consistent with the purposes of the law. 2004 Miss. Op. Att'y Gen. 305.

For the limited purposes of conducting the election provided for in subsection (10) of this section, the county and the city should be viewed as one owner. 2004 Miss. Op. Att'y Gen. 305.

Petitions calling for an election on the question of the sale of a community hospital must be filed on or before the date the proposals for purchase of the hospital are received by the owner(s). 2004 Miss. Op. Att'y Gen. 305.

This office is of the opinion that the board of trustees of a community hospital may separately or jointly contract for the lease of hospital property which will be used as the site of a specialized healthcare facility. Opinion duplicated in Brown, Apr. 2, 2004, A.G. Op.04-0131.2004 Miss. Op. Att'y Gen. 139.

This office is of the opinion that the board of trustees of a community hospital may separately or jointly contract for the lease of hospital property which will be used as the site of a specialized healthcare facility. Opinion duplicated in Sneed, Apr. 9, 2004, A.G. Op. 04-0139.2004 Miss. Op. Att'y Gen. 131.

A county has the authority to perform work on county property used by a public community hospital and operated by a duly appointed board of trustees of the hospital. 2004 Miss. Op. Att'y Gen. 374.

If the board of supervisors, as owner of the community hospital, and the board of trustees, who operate and govern the hospital, agree to such a name change then the name of the hospital may be changed. 2004 Miss. Op. Att'y Gen. 366.

A publically owned county hospital may enter into written “mutual aid” agreements for temporary loans of hospital equipment to for-profit private facilities in the area for emergency health use, provided that, each temporary loan of equipment is approved by the hospital director. 2004 Miss. Op. Att'y Gen. 373.

Under Section 33-21-1(a) [33-1-21(a)], the fifteen-day annual maximum on military leave applies to a county employee, including an employee of a community hospital or county nursing home established pursuant to Section 41-13-15. 2005 Miss. Op. Att'y Gen. 64.

Section 41-13-15(11) permits the inclusion of an option to purchase in a renewal of a community hospital lease which was in effect prior to July 15, 1993. Pursuant to the option to purchase, the county may then negotiate and sell the hospital without necessity of advertising for bids or otherwise complying with Sections 41-13-15(7), (8), (9) or (10). 2005 Miss. Op. Att'y Gen. 436.

A county may amend an existing lease of a hospital to include an option for sale to the lessee on mutually agreeable terms, and, upon amendment, the county may negotiate and sell the hospital to the lessee without necessity of advertisement for bids or compliance with Sections 41-13-15(7), (8), (9) and (10). 2006 Miss. Op. Att'y Gen. 52.

In regard to the sale or lease of the facilities currently used as a nursing home and hospital, in reviewing all of the proposals, the county must accept the “highest and best,” but in no event may it accept terms less than those which were set out in the proposal. 2006 Miss. Op. Att'y Gen. 54.

If a board of supervisors makes a factual determination that a community hospital has ceased to use its building, and the board of trustees, if any, have dissolved and the board of supervisors is undertaking or has concluded the process of paying the debts of the hospital, then there would be no contemporaneously existent hospital and the board would not need to comply with Section 41-13-15 in the event of a sale. 2006 Miss. Op. Att'y Gen. 262.

A municipal corporation is a corporation within the meaning of Section 41-13-15, and, accordingly, a city authorized to purchase property under that statute. 2006 Miss. Op. Att'y Gen. 262.

RESEARCH REFERENCES

ALR.

Licensing and regulation of nursing or rest homes. 97 A.L.R.2d 1187.

Am. Jur.

40A Am. Jur. 2d, Hospitals and Asylums § 4.

CJS.

41 C.J.S., Hospitals §§ 2, 3, 15–17.

JUDICIAL DECISIONS

1. In general.

Liberal construction of Miss. Code Ann. §41-13-15 is appropriate. Corporate Mgmt. v. Greene County, 23 So.3d 454, 2009 Miss. LEXIS 600 (Miss. 2009).

Interpreting the statute liberally, the trial court properly found that the county was in compliance with the RFP requirements of §41-13-15(7). Corporate Mgmt. v. Greene County, 23 So.3d 454, 2009 Miss. LEXIS 600 (Miss. 2009).

A hospital which was jointly owned by a city and a hospital district, and was governed by a board of trustees jointly appointed by the city council and the county board of supervisors, was a “subdivision [of the state] or municipal corporation thereof” within the meaning and contemplation of Art 4, § 104 of the Mississippi Constitution and §15-1-51. Thus, the 7-year period of limitations governing judgment liens set forth in §15-1-47 was inoperative against the hospital. Enroth v. Memorial Hosp. at Gulfport, 566 So. 2d 202, 1990 Miss. LEXIS 432 (Miss. 1990).

A local law authorizing a city to issue bonds for the purpose of acquiring hospital facilities to be leased to a non-profit corporation provided an alternative to the method of acquiring hospitals provided by general law and did not suspend the general law, as prohibited by Mississippi Constitution, Article 4, § 87; thus, Mississippi Constitution, Article 4, § 89 was applicable. In re Validation of $15,000,000 Hospital Revenue Bonds etc., 361 So. 2d 44, 1978 Miss. LEXIS 2343 (Miss. 1978).

Trustees of a community hospital jointly owned by Prentiss County and the City of Booneville did not have the authority under this section to expend public funds to convert the hospital nurses’ quarters into a private doctor’s offices and to lease these converted facilities to a doctor engaged in private practice. Competing physicians, as taxpayers, had standing to bring suit to enjoin the trustees from leasing the offices to the private physician. Prichard v. Cleveland, 314 So. 2d 729, 1975 Miss. LEXIS 1684 (Miss. 1975).

Under this section [Code 1942, § 7129-50], city is authorized, without violating § 183 of Constitution, prohibiting donations to individuals or private corporations, to contribute lots to supervisors’ districts for the establishment of a community hospital. City of Indianola v. Sunflower County, 209 Miss. 116, 46 So. 2d 81, 1950 Miss. LEXIS 367 (Miss. 1950).

Seeking and effecting co-operation of other agencies as authorized by the statute is a matter within the discretion of the board, and is not a prerequisite to the issuance of the bonds on behalf of the two districts constituting the hospital area. Board of Sup'rs v. State, 206 Miss. 443, 40 So. 2d 273, 1949 Miss. LEXIS 272 (Miss. 1949).

§ 41-13-16. Repealed.

Repealed by Laws, 1980, ch. 456, eff from and after July 1, 1980.

[Laws, 1972, ch. 321 § 1; Laws, 1972, 494, § 1; Laws, 1973, ch. 442 § 1]

Editor’s Notes —

Former §41-13-16 authorized the establishment and operation of joint hospital laundry facilities.

§ 41-13-17. Repealed.

Repealed by Laws, 1982, ch. 395, § 6, eff from and after July 1, 1982.

[Codes, 1942, § 7129-50; Laws, 1944, ch. 277, § 1; Laws, 1946, ch. 412, § 1; Laws, 1948, ch. 435, § 1; Laws, 1954, ch. 294, § 1; Laws, 1958, ch. 356; Laws, 1960, ch. 353; Laws, 1962, ch. 401; Laws, 1966, ch. 461, § 1; Laws, 1968, ch. 442, § 1; Laws, 1981, ch. 484, § 17]

Editor’s Notes —

Former §41-13-17 directed political subdivisions to cooperate with nonprofit corporations with respect to construction or operation of hospitals.

§ 41-13-19. Issuance of bonds; election.

Such counties, cities and towns, supervisors districts, judicial districts and election districts of a county are authorized and empowered to make appropriations of the funds thereof for the purpose of Sections 41-13-15 through 41-13-51, and are hereby authorized and empowered to issue and sell the bonds, notes or other evidences of indebtedness thereof, for the purpose of providing funds with which to acquire real estate for and to establish, erect, build, construct, remodel, add to, acquire, equip and furnish community hospitals, nurses’ homes, health centers, health departments, diagnostic or treatment centers, rehabilitation facilities, nursing homes and related facilities under the provisions of such sections. Such bonds, notes or other evidences of indebtedness secured by a pledge of the full faith, credit, and resources of the issuing entity shall not be issued in an amount which will exceed the limit of indebtedness of the county, city, town, supervisors district, judicial district or election district issuing the same, as such limit is prescribed by Sections 19-9-1 et seq., and Sections 21-33-301 et seq., Mississippi Code of 1972.

Before issuing any such bonds, notes or other evidences of indebtedness secured by a pledge of the full faith, credit, and resources of the issuing entity, the board of supervisors, acting for a county or supervisors district, judicial district or election district thereof, or the mayor and board of aldermen, or city council, or other like governing body, acting for a city or town, shall adopt a resolution declaring its intention to issue the same, stating the amount and purposes thereof, whether such hospital, nurses’ home, health center, health department, diagnostic or treatment center, rehabilitation facility, nursing home or related facilities are to be erected, acquired, remodeled, equipped, furnished, maintained and operated by such county, city, town or supervisors district separately, or jointly with one or more other counties, cities, towns, supervisors districts, judicial districts or election districts of a county, and fixing the date upon which further action will be taken to provide for the issuance of such bonds, notes or other evidences of indebtedness. The full text of such resolution shall be published once a week for at least three (3) consecutive weeks in at least one (1) newspaper published in the county or city, as the case may be, or if none be so published, in a newspaper having a general circulation therein. The first publication of such notice shall be made not less than twenty-one (21) days prior to the date fixed in such resolution, as aforesaid, and the last publication shall be made not more than seven (7) days prior to such date. If, on or prior to the date fixed in such resolution, as aforesaid, there shall be filed with the clerk of the body by which such resolution was adopted a petition signed by twenty percent (20%) or fifteen hundred (1500), whichever is less, of the qualified voters of such county, city, town, supervisors district, judicial district or election district, as the case may be, requesting that an election be called and held on the question of the issuance of such bonds, notes or other evidences of indebtedness, then it shall be the duty of the board of supervisors, board of aldermen, city council, or other governing body, as the case may be, to call and provide for the holding of an election as petitioned for. In such case no such bonds, notes or other evidences of indebtedness secured by a pledge of the full faith, credit, and resources of the issuing entity shall be issued unless authorized by the affirmative vote of a majority of the qualified voters of such county, city, town, supervisors district, judicial district or election district, as the case may be, who vote on the proposition at such election. Notice of such election shall be given by publication in like manner as hereinabove provided for the publication of the initial resolution. Such election shall be conducted and the return thereof made, canvassed and declared as nearly as may be in like manner as is now or may hereafter be provided by law in the case of general elections in such county, city, town, supervisors district, judicial district or election district.

In the discretion of the board of supervisors, board of aldermen, city council, or other governing body, as the case may be, and after adoption of a resolution declaring its intention to issue such bonds, notes or other evidences of indebtedness secured by a pledge of the full faith, credit, and resources of the issuing entity, an election on the question of the issuance of such bonds, notes or other evidences of indebtedness may be called and held as hereinabove provided without the necessity of publishing said resolution and whether or not a protest to the issuance be filed with the clerk of the governing body. In the event that the question of the issuance of such bonds, notes or other evidences of indebtedness secured by a pledge of the full faith, credit, and resources of the issuing entity be not authorized at such election, such question shall not again be submitted to a vote until the expiration of a period of six (6) months from and after the date of such election.

In the event of any joint operation or proposed joint operation as provided by Section 41-13-15, there shall be separate bond issues, and the board or boards of supervisors acting for a county, supervisors district, judicial district or election district, the governing bodies of the municipality or municipalities, as the case may be, shall each issue the bonds, notes, or other evidences of indebtedness of the county, town, city, supervisors district, judicial district or election district, or districts, in such amounts as having been agreed upon by the respective boards of supervisors and governing bodies of the towns or cities, and in so doing follow and comply with the provisions of Sections 41-13-19 through 41-13-23.

HISTORY: Codes, 1942, § 7129-51; Laws, 1944, ch. 277, § 2; Laws, 1946, ch. 412, § 2; Laws, 1948, ch. 435, § 2; Laws, 1954, ch. 294, § 2; Laws, 1966, ch. 459, § 1; Laws, 1968, ch. 442, § 2; Laws, 1970, ch. 321, § 1; Laws, 1972, ch. 447, § 1, eff from and after passage (approved May 5, 1972).

Editor’s Notes —

Section 41-13-51 referred to in this section was repealed by Laws of 1982, ch. 395, § 6, eff from and after July 1, 1982.

Cross References —

General authority to issue bonds, see §§19-9-1 et seq.

County debt limitation, see §§19-9-5,31-15-5.

Municipal debt limitation, see §21-33-303.

Depository for county and municipal hospital funds, see §27-105-365.

Provision that leased facility shall not be deemed a community hospital except for purposes of sections41-13-19 through41-13-25, see §41-13-10.

Interest on community hospital bonds and details and sale of bonds, see §41-13-21.

OPINIONS OF THE ATTORNEY GENERAL

If county wants to guarantee payment on loans from banks to community hospital, board of supervisors must comply with procedures outlined in Sections 41-13-19 through 41-13-23 of Mississippi Code for issuance of bonds, notes and other evidence of indebtedness. 1994 Miss. Op. Att'y Gen. 990.

JUDICIAL DECISIONS

1. In general.

2. Notice of intention to issue bonds.

3. Effect of election.

1. In general.

Validation proceedings are the exclusive remedy for raising objections in connection with the issuance and sale of bonds, except those which could be or should be raised before the board of supervisors or municipal authorities, and such objections cannot be properly raised in a suit for an injunction. Chambers v. Perry, 183 So. 2d 645, 1966 Miss. LEXIS 1432 (Miss. 1966).

Order of board of supervisors of county properly entered on its minutes for issuing bonds “for the purpose of providing funds with which to acquire real estate for, and to establish, erect, build, construct, acquire, equip, furnish and operate a county community hospital, nurses’ home and related facilities, for and within the limits of Tishomingo County,” is valid order which cannot be made invalid by stipulation of attorneys filed in hearing of protest against bond issue that supervisors had agreed to use part of bond issue for purposes of health center at Belmont while hospital was to be built at Iuka, as attorneys cannot, by stipulation, amend orders of board of supervisors, or bind taxpayers of county. Board of Sup'rs v. Dawson, 208 Miss. 666, 45 So. 2d 253, 1950 Miss. LEXIS 283 (Miss. 1950).

Where resolution of board of supervisors authorizing bond issue for hospital provided a rate of interest amounting to 2.897938%, when premium of $11.00 was included, or 2.899031%, when premium was not included, resolution did not provide greater rate of interest than that stipulated in buyers’ bid, that is, an average interest cost of 2.90% and bonds were not void on that ground. Board of Sup'rs v. Dawson, 208 Miss. 666, 45 So. 2d 253, 1950 Miss. LEXIS 283 (Miss. 1950).

Even if coupons on bonds issued under this section [Code 1942, § 7129-51] exceed the bids, this is not sufficient to avoid bond issue. Board of Sup'rs v. Dawson, 208 Miss. 666, 45 So. 2d 253, 1950 Miss. LEXIS 283 (Miss. 1950).

2. Notice of intention to issue bonds.

A resolution adopted by a county board of supervisors pursuant to this section was not fatally defective for failing to state whether the planned nursing home was to be run by the county alone or jointly with some other political subdivision where it was clear from the resolution’s provisions regarding the issuance of the bonds and conduct of the election that the county would be the sole participant. In re Validation of Six Hundred & Fifty Thousand Dollars ($650,000) Nursing Home Bonds, 331 So. 2d 907, 1976 Miss. LEXIS 1885 (Miss. 1976).

The requirement of this section [Code 1942, § 7129-51] that the notice of intention to issue bonds contain the full text of the resolution is not implicitly abrogated in the case of bonds issued under other statutes; and failure to comply therewith renders the proceedings invalid. In re Validation of $500,000 Public Improv.General Obligation Bonds, 247 Miss. 448, 152 So. 2d 698, 1963 Miss. LEXIS 315 (Miss. 1963).

Use of statutory phrase, “related facilities” in resolution of board of supervisors declaring its intention to issue bonds under this section [Code 1942, § 7129-51] to obtain hospital and related facilities and use of same phrase in notice of special election did not render bond issue void, because it failed sufficiently to inform electors of purpose for which it was to be made. Board of Sup'rs v. Dawson, 208 Miss. 666, 45 So. 2d 253, 1950 Miss. LEXIS 283 (Miss. 1950).

3. Effect of election.

The result of an election under this section [Code 1942, § 7129-51] is not a mere plebiscite to test public sentiment, but the wishes of the electorate, invited by the board, and formally and fully expressed, constitute a mandate to the board to issue the bonds. Board of Sup'rs v. State, 206 Miss. 443, 40 So. 2d 273, 1949 Miss. LEXIS 272 (Miss. 1949).

Mandamus will lie to compel board of supervisors to issue bonds for purpose of acquiring land for constructing and operating a community hospital after election in favor thereof was had pursuant to the provisions of Laws 1944, ch 277, as amended by Laws 1946, ch 412 (Code 1942, §§ 7129-50 et seq.), notwithstanding subsequent order of board rescinding its action, since a validating act eliminated any irregularity in the proceeding with respect to the election. Board of Sup'rs v. State, 206 Miss. 443, 40 So. 2d 273, 1949 Miss. LEXIS 272 (Miss. 1949).

§ 41-13-21. Details of bonds; interest; sale.

Such bonds, notes or other evidences of indebtedness as are issued pursuant to Section 41-13-19 shall bear such date or dates, shall be of such denomination or denominations, shall be payable at such place or places, shall bear such rate or rates of interest, and shall mature in such amounts and at such times, not to exceed twenty (20) years for general obligation bonds and not to exceed thirty (30) years for revenue bonds, as may be provided and directed by the board of supervisors, board of aldermen, city council, or other like governing body, as the case may be, consistent with the provisions of Sections 41-13-19 through 41-13-23.

Any provisions of the general laws to the contrary notwithstanding, any bonds and interest coupons issued pursuant to the authority of Section 43-13-19 shall possess all the qualities of negotiable instruments. The bonds and the interest coupons shall be executed in such manner and shall be substantially in the form prescribed in the authorizing ordinance. In case any of the officers whose signatures or countersignatures appear on the bonds or interest coupons shall cease to be such officers before delivery of such bonds, such signatures or countersignatures shall nevertheless be valid and sufficient for all purposes the same as if they had remained in office until such delivery. No bond shall bear more than one (1) rate of interest. Each bond shall bear interest from its date to its stated maturity date at the interest rate specified in the bid. All bonds of the same maturity shall bear the same rate of interest from date to maturity. All interest accruing on such bonds so issued shall be payable semiannually or annually, except that the first interest coupon attached to any such bond may be for any period not exceeding one (1) year.

No interest payment shall be evidenced by more than one (1) coupon and neither cancelled nor supplemental coupons shall be permitted. The lowest interest rate specified for any bonds issued shall not be less than seventy percent (70%) of the highest interest rate specified for the same bond issue. Each interest rate specified in any bid must be in multiples of one-eighth of one percent (1/8 of 1%) or one-tenth of one percent (1/10 of 1%). If serial bonds, such bonds shall mature annually, and the first maturity date thereof shall not be more than five (5) years from the date of such bonds. Such bonds shall be legal investments for trustees and other fiduciaries, and for savings banks, trust companies and insurance companies organized under the laws of the State of Mississippi. The bonds and interest coupons shall be exempt from all state, county, municipal and other taxation under the laws of the State of Mississippi.

All bonds, notes or other evidences of indebtedness secured by a pledge of the full faith, credit and resources of the issuing entity shall not bear a rate of interest in excess of that allowed in Section 75-17-101, Mississippi Code of 1972, and shall be sold for not less than par plus accrued interest at public sale in the manner provided by Section 31-19-25.

All bonds, notes or other evidences of indebtedness not secured by a pledge of the full faith, credit and resources of the issuing entity shall not bear a rate of interest in excess of that allowed in Section 75-17-103, Mississippi Code of 1972, and shall be sold for not less than par plus accrued interest at public sale in the manner provided by Section 31-19-25.

Bonds, notes or other evidences of indebtedness may be sold to the United States of America or an agency or agencies thereof at private sale upon such terms and conditions as the governing authorities of the issuing entity may determine, consistent with the provisions of Sections 41-13-19 through 41-13-23.

HISTORY: Codes, 1942, § 7129-51; Laws, 1944, ch. 277, § 2; Laws, 1946, ch. 412, § 2; Laws, 1948, ch. 435, § 2; Laws, 1954, ch. 294, § 2; Laws, 1966, ch. 459, § 1; Laws, 1968, ch. 442, § 2; Laws, 1970, ch. 321, § 1; Laws, 1972, ch. 447, § 1; Laws, 1975, ch. 452; Laws, 1976, ch. 410; Laws, 1977, ch. 480; Laws, 1980, ch. 490, § 3; Laws, 1981, ch. 455, § 3; Laws, 1982, ch. 434, § 21; Laws, 1983, ch. 541, § 26, eff from and after passage (approved April 25, 1983).

Cross References —

Provision that leased facility shall not be deemed a community hospital except for purposes of Sections41-13-19 through41-13-25, see §41-13-10.

Limitation on the maximum interest rate to maturity on obligations issued under the provisions of this section, see §75-17-101.

JUDICIAL DECISIONS

1. In general.

Even if coupons on bonds issued under this section [Code 1942, § 7129-51] exceed the bids, this is not sufficient to avoid bond issue. Board of Sup'rs v. Dawson, 208 Miss. 666, 45 So. 2d 253, 1950 Miss. LEXIS 283 (Miss. 1950).

Where resolution of board of supervisors authorizing bond issue for hospital provided a rate of interest amounting to 2.897938%, when premium of $11.00 was included, or 2.899031%, when premium was not included, resolution did not provide greater rate of interest than that stipulated in buyers’ bid, that is, an average interest cost of 2.90% and bonds were not void on that ground. Board of Sup'rs v. Dawson, 208 Miss. 666, 45 So. 2d 253, 1950 Miss. LEXIS 283 (Miss. 1950).

§ 41-13-23. Levy of ad valorem tax or pledge of revenues to pay bonds.

  1. All bonds, notes or other evidences of indebtedness issued under Section 41-13-19 may be secured by a pledge of the full faith, credit, and resources of the county, city, town, supervisors district, judicial district or election district issuing the same. There shall annually be levied upon all taxable property within such county, city, town, supervisors district, judicial district or election district, as the case may be, an ad valorem tax, in addition to all other taxes, sufficient to provide for the payment of the principal of and the interest on said bonds, notes or other evidences of indebtedness secured by a pledge of the full faith, credit, and resources of the issuing entity as the same respectively matures and accrues.
  2. All bonds, notes or other evidences of indebtedness issued under Section 41-13-19 may be secured by a pledge of all or a specified portion of the annual general or special revenues of the facility for which the same were issued to acquire, construct, expand, equip or furnish, or by a pledge of any unrestricted unencumbered income from an endowment or other trust funds available to the board of trustees of the facility for which the same were issued to acquire, construct, expand, equip or furnish. The security for such bonds, notes or other evidences of indebtedness authorized and provided for by this subsection may be in addition to or in lieu of the pledge of the full faith, credit, and resources of the issuing entity as provided in subsection (1) hereof.

HISTORY: Codes, 1942, § 7129-51; Laws, 1944, ch. 277, § 2; Laws, 1946, ch. 412, § 2; Laws, 1948, ch. 435, § 2; Laws, 1954, ch. 294, § 2; Laws, 1966, ch. 459, § 1; Laws, 1968, ch. 442, § 2; Laws, 1970, ch. 321, § 1; Laws, 1972, ch. 447, § 1, eff from and after passage (approved May 5, 1972).

Cross References —

Local ad valorem tax levies, generally, see §§27-39-301 et seq.

Provision that leased facility shall not be deemed a community hospital except for purposes of Sections41-13-19 through41-13-25, see §41-13-10.

OPINIONS OF THE ATTORNEY GENERAL

A county board of supervisors that has issued bonds pursuant to Miss. Code Section 41-13-19 for the construction of a hospital may use revenues from the operation of the hospital to pay off such bonds. 1997 Miss. Op. Att'y Gen. 530.

JUDICIAL DECISIONS

1. In general.

A local law authorizing a city to issue bonds for the purpose of acquiring hospital facilities to be leased to a non-profit corporation provided an alternative to the method of acquiring hospitals provided by general law and did not suspend the general law, as prohibited by Mississippi Constitution, Article 4, § 87; thus, Mississippi Constitution, Article 4, § 89 was applicable. In re Validation of $15,000,000 Hospital Revenue Bonds etc., 361 So. 2d 44, 1978 Miss. LEXIS 2343 (Miss. 1978).

§ 41-13-24. Obtaining federal assistance.

Such counties, cities and towns, supervisors districts, judicial districts and election districts of a county are authorized and empowered to apply for, contract for, accept and receive grants and loans and loan guarantee agreements relating to assistance for the construction of hospital and medical facilities and to that end the governing bodies of such counties, cities and towns, supervisors districts, judicial districts and election districts of a county are authorized and empowered to enter into such contracts with the United States of America or the agencies or departments thereof as may be necessary to effectuate the purpose of Sections 41-13-15 through 41-13-51.

Any such county, city and town, supervisors district, judicial district or election district, which shall have entered into a binding contract with the United States of America or any agency or department thereof as aforesaid for any such grant, loan or loan guarantee agreement, may borrow money from any private lender for the purpose of providing interim financing for the acquiring, constructing, expanding, equipping and furnishing of the facilities provided for in such contract with the United States of America or agency or department thereof and assign as security for such interim financing the proceeds of any such grant, loan or loan guarantee agreement. Such interim financing shall be upon such terms and conditions as may be determined by the issuing entity but shall not require payment of interest on the sums actually advanced and received at a rate of interest greater than that rate of interest authorized for interim financing by the state, counties, municipalities or political subdivisions thereof in Section 75-17-107, Mississippi Code of 1972.

HISTORY: Codes, 1942, § 7129-51(e); Laws, 1972, ch. 447, § 1; Laws, 1975, ch. 410; Laws, 1987, ch. 396, eff from and after passage (approved March 20, 1987).

Editor’s Notes —

Section 41-13-51 referred to in this section was repealed by Laws of 1982, ch. 395, § 6, eff from and after July 1, 1982.

§ 41-13-25. Imposition of ad valorem tax; retirement of debt.

The board of supervisors acting for a county, supervisors district or districts or an election district of such county, and the board of aldermen, city council or other like governing body acting for a city or town, are hereby authorized and empowered to levy ad valorem taxes on all the taxable property of such counties, cities, towns, supervisors district or election district for the purposes of raising funds for the maintenance and operation of hospitals, nurses’ homes, health centers, health departments, diagnostic or treatment centers, rehabilitation facilities, nursing homes and related facilities established under the provisions of Sections 41-13-15 through 41-13-51, and for making additions and improvements thereto and to pledge such ad valorem taxes, whether or not actually levied, for the retirement of debt incurred either by or on behalf of such facilities and/or pursuant to agreements executed under the authority of the Mississippi Hospital Equipment and Facilities Authority Act; however, any debt incurred by the pledge of taxes to retire debt incurred either by or on behalf of such facilities and/or pursuant to such agreements shall not be included in debt limits prescribed by Section 19-9-5 or Section 21-33-303, as the case may be unless and until such pledged taxes are actually levied. The amount levied for such purpose shall not exceed five (5) mills on the dollar in any one (1) year. Expenditures of said taxes for such additions and improvements shall not exceed in any fiscal year the total amount budgeted therefor by the board of trustees for the respective institutions affected. The tax levy authorized in this section shall be in addition to all other taxes now or hereafter authorized to be levied by such counties, cities, towns, supervisors districts or election district.

It is further provided that any such supervisors district in a county with a land area of five hundred ninety-two (592) square miles, wherein Mississippi Highways 8 and 9 intersect, participating with a municipality under provisions of law by contracting to assist the cost of operation and maintenance of an erected hospital, may levy such ad valorem tax as is needed to operate and maintain such hospital as is provided herein.

HISTORY: Codes, 1942, § 7129-52; Laws, 1944, ch. 277, § 3; Laws, 1946, ch. 412, § 3; Laws, 1948, ch. 435, § 3; Laws, 1954, ch. 294, § 3; Laws, 1958, ch. 550; Laws, 1968, ch. 442, § 3; Laws, 1987, ch. 526; Laws, 1991, ch. 389 § 1, eff from and after passage (approved March 15, 1991).

Editor’s Notes —

Section 41-13-51 referred to in this section was repealed by Laws of 1982, ch. 395, § 6 eff from and after July 1, 1982.

The Mississippi Hospital Equipment and Facilities Authority Act is codified at §§41-73-1 et seq.

Cross References —

Local ad valorem tax levies, generally, see §§27-39-301 et seq.

Provision that leased facility shall not be deemed a community hospital except for purposes of Sections41-13-19 through41-13-25, see §41-13-10.

OPINIONS OF THE ATTORNEY GENERAL

Miss. Code Section 41-13-25 specifically authorizes board of supervisors of county and governing body of city to levy taxes for maintenance and operation of hospital created under Miss. Code Sections 41-13-15 through 41-13-51; according to Miss. Code Section 41-13-25, such levy may not exceed five million dollars; further, Miss. Code Section 41-13-25 authorizes governing bodies to pledge these taxes to retirement of debt incurred on behalf of facility, regardless of whether tax has actually been levied. 1993 Miss. Op. Att'y Gen. 50.

County is limited to expending maximum of five mills for maintenance and operation of county hospital in any one year. 1994 Miss. Op. Att'y Gen. 990.

Should the Board of Supervisors choose to pledge ad valorem taxes to retire a note incurred for the purpose of meeting the current unpaid expenses, they are permitted to do so by the language of Section 41-13-25 if the Board makes a specific factual finding that it is necessary for the retirement of debt of the hospital. 1995 Miss. Op. Att'y Gen. 681.

There is no authority for the board of trustees of a community hospital to acquire and use small purchase procurement cards, i.e., credit cards, issued in the name of the hospital to be used by employees in making small purchases for the hospital. 2001 Miss. Op. Att'y Gen. 770.

§ 41-13-27. Repealed.

Repealed by Laws, 1982, ch. 395, § 6, eff from and after July 1, 1982.

[Codes, 1942, § 7129-54; Laws, 1944, ch. 277, § 4; Laws, 1948, ch. 413, § 1; Laws, 1950, ch. 504, § 1; Laws, 1954, ch. 289, § 1; Laws, 1956, ch. 297, § 1; Laws, 1958, ch. 363, § 1]

Editor’s Notes —

Former §41-13-27 created boards of trustees for municipal hospitals to operate such hospitals.

§ 41-13-29. Board of trustees for county hospitals or other health facilities.

    1. The owners are authorized to appoint trustees for the purpose of operating and governing community hospitals. The owner of a community hospital may remove a trustee after appointment for good cause shown, upon a unanimous vote of all members of the governing board of the owner that appointed the trustee, or upon a majority vote of the governing board of the owner that appointed the trustee after a recommendation from the board of trustees of the hospital that the trustee be removed. To be eligible for appointment, an appointee must be an adult legal resident of the county which has an ownership interest in the community hospital or the county in which the municipality or other political subdivision holding the ownership interest in the community hospital is located. The authority to appoint trustees shall not apply to leased facilities, unless specifically reserved by the owner in the applicable lease agreement.
    2. 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.
    3. Trustees for municipally owned community hospitals shall be appointed by the governing authority of the municipality. Trustees for a community hospital owned by a county shall be appointed by the board of supervisors with each supervisor having the right to nominate one (1) trustee from his district or from the county at large. Appointments exceeding five (5) in number shall be from the county at large. Trustees for a community hospital owned solely by supervisors districts, judicial districts or election district of a county, shall be appointed by the board of supervisors of the county from nominees submitted by the supervisor or supervisors representing the owner district or districts.
    1. Initially the board of trustees shall be appointed as follows: 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. Appointments exceeding five (5) in number shall be for terms of four (4) and five (5) years, respectively. Thereafter, all terms shall be for five (5) years. No community hospital trustee holding office on July 1, 1982, shall be affected by this provision, but the terms shall be filled at the expiration thereof according to the provisions of this section; provided, however, that any other specific appointment procedures presently authorized shall likewise not be affected by the terms hereof. 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.
    2. From and after January 1, 2016, to be eligible for appointment, an appointee must have no felony convictions, possess at least a high school diploma or the equivalent, owe no outstanding debt to the community hospital, and not be a plaintiff in any pending lawsuit against the community hospital. The appointee may not own an interest in, or be an officer or employee of, a company or business that provides goods or services in direct competition with the community hospital, nor may the appointee’s spouse own an interest in, or be an officer of, such company or business.
    1. 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. 12 and No. 35 intersect, shall be operated by a board of trustees of five (5) members who have the qualifications set forth in this section to be appointed by the board of supervisors from the county at large, 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. Thereafter all trustees shall be appointed from the county at large for a period of five (5) years.
    2. 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.
    3. Any hospital erected, owned, maintained and operated by any county having two (2) judicial districts, which is traversed by U.S. Interstate Highway 59, which intersects Highway 84 therein, shall be operated by a board of trustees which shall consist of seven (7) members who have the qualifications set forth in this section. The first seven (7) members appointed under authority of this paragraph shall be appointed by the board of supervisors for terms as follows:

      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. 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. Thereafter, as the terms of the board of trustee members authorized by this paragraph expire, all but the trustee originally appointed from the medical staff nominees for a one-year term shall be appointed by the board of supervisors for terms of three (3) years. The term of the trustee originally appointed from the medical staff nominees by the board of supervisors for a term of one (1) year shall remain a term of one (1) year and shall thereafter be appointed for a term of one (1) year. The two (2) members appointed from medical staff nominees shall be appointed from a list of two (2) nominees for each position to be submitted by the medical staff of the hospital for each vacancy to be filled. 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. 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.

    4. 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.
    5. Any community hospital system owned, maintained and operated by any county bordering on the Gulf of Mexico and the State of Alabama shall be operated by a board of trustees constituted as follows: seven (7) members shall be selected as provided in subsection (1) of this section and two (2) advisors who shall be the chiefs of staff at those hospitals which are a part of the hospital system; the members must have the qualifications set forth in this section. The term of the chiefs of staff on the board of trustees shall coincide with their service as chiefs of staff at their respective hospitals.
  1. 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. 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; members of the board from Supervisors Districts Three and Four shall be elected for a term of two (2) years; and the member of the board from Supervisors District Five shall be elected for a term of four (4) years. Each subsequent member of the board shall be elected for a term of six (6) years at the same time as the general election in which the member of the county board of education representing the same supervisors district is elected. All members of the board shall take office on the first Monday of January following the date of their election. The terms of all seven (7) appointed members of the board of trustees holding office on the effective date of this act (Laws 1986, Chapter 462) shall expire on the date that the first elected members of the board take office. 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 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. Any member of the board of trustees choosing to participate in the plan shall pay the full cost of his participation in the plan so that no expenditure of hospital funds is required.

    The name of any qualified elector who is a candidate for the community hospital board of trustees shall be placed on the ballot used in the general elections by the county election commissioners, if the candidate files with the county election commissioners, not more than ninety (90) days and not less than thirty (30) days before the date of the general election, a petition of nomination signed by not less than fifty (50) qualified electors of the county residing within each supervisors district. The candidate in each supervisors district who receives the highest number of votes cast in the district shall be declared elected.

  2. A board of trustees provided for herein may, in its discretion, where funds are available, compensate each trustee per diem in the amount of at least the amount established by Section 25-3-69 up to the maximum amount of not more than One Hundred Fifty Dollars ($150.00) for each meeting of the board of trustees or meeting of a committee established by the board of trustees where the trustee was in attendance, and in addition thereto provide meals at the meetings and compensate each member attending travel expenses at the rate authorized by Section 25-3-41 for actual mileage traveled to and from the place of meeting.
  3. 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.
  4. 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. For community hospitals located in a county having a population of one hundred thousand (100,000) or more according to the most recent federal decennial census, the bond shall be in an amount not less than Fifty Thousand Dollars ($50,000.00) nor more than Five Hundred Thousand Dollars ($500,000.00). Premiums for the bonds shall be paid from funds of the community hospital.

HISTORY: Codes, 1942, § 7129-55; Laws, 1944, ch. 277, § 5; Laws, 1948, ch. 413, § 2; Laws, 1954, ch. 287; Laws, 1955, Ex. Sess. ch. 32, § 1; Laws, 1956, ch. 297, § 2; Laws, 1958, ch. 363, § 2; Laws, 1962, ch. 402; Laws, 1976, ch. 321; Laws, 1977, ch. 477; Laws, 1979, ch. 327; Laws, 1982, ch. 395, § 2; Laws, 1985, ch. 511, § 5; Laws, 1986, ch. 458, § 37; Laws, 1986, ch. 462, § 1; Laws, 1995, ch. 378, § 1; Laws, 2009, ch. 452, § 1; Laws, 2015, ch. 484, § 6, eff from and after Jan. 1, 2016; Laws, 2018, ch. 430, § 1, eff from and after July 1, 2018.

Editor’s Notes —

Section 37-5-21 referred to in (4) was repealed by Laws of 1986, ch. 492, § 44, eff from and after July 1, 1987.

Laws of 1985, ch. 511, §§ 1, 10, eff from and after July 1, 1985, provide as follows:

“SECTION 1. It is the intent and purpose of this act to clarify and expand the power of boards of trustees of community hospitals so as to allow such community hospitals to operate efficiently, to offer competitive health care services, to respond more effectively to new developments and regulatory changes in the health care area and to continue to serve and promote the health and welfare of the citizens of the State of Mississippi. This act shall be liberally construed so as to give effect to such intent and purpose.

“SECTION 10. This act shall not affect any rights, duties or obligations heretofore granted or imposed by local and private legislation heretofore enacted for the benefit of any owner or community hospital, and the provisions of this act shall be supplemental to and shall not restrict or repeal any general or special authority, powers, rights or privileges with respect to community hospitals heretofore conferred on board of trustees.”

Laws of 1986, ch. 458, § 48, provided that §41-13-29 would stand repealed from and after October 1, 1989. Subsequently, three 1989 chapters (341, 342, and 343) amended Section 48, Chapter 458, Laws of 1986, by deleting the date for repeal.

Laws of 1986, ch. 462, § 1, proposed to amend this section, subject to approval under § 5 of the Voting Rights Act of 1965, as amended and extended. This proposed amendment was found unconstitutional in Slater v. Neshoba County Board of Elections Commission, Cause No. 14034 (Neshoba County Ch. Ct., Oct. 8, 1986). Thereafter, the United States Attorney General issued no determination of pre-clearance of the amendment proposed by Section 1, Chapter 462, Laws, 1986, pursuant to the Voting Rights Act of 1965, as amended and extended.

Amendment Notes —

The 2009 amendment in (5), inserted “of at least the amount” and “up to the maximum amount of not more than One Hundred Fifty Dollars ($150.00).”

The 2015 amendment, effective January 1, 2016, in (1) inserted the (a)-(c) designations; in (1)(a), added the second sentence, and substituted “To be eligible for appointment, an appointee must be an adult legal resident” for “The appointees of each shall be adult legal residents” in the third sentence; in (1)(c), substituted “governing authority” for “owner”; added (2)(b); in (3)(a), inserted “who have the qualifications set forth in this section” in the first sentence; added “who have the qualifications set forth in this section” at the end of (3)(b) and (d) and at the end of the first sentence in (3)(c); inserted “who have the qualifications set forth in this section” in the last sentence of the second paragraph of (3)(c) and in (4); in (3)(e), inserted “the members must have the qualifications set forth in this section” at the end of the first sentence; in (7), inserted “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,” and added the next-to-last sentence; and made minor stylistic changes.

The 2018 amendment, effective July 1, 2018, added the second sentence in (2)(b); substituted “and two (2) advisors who shall be” for “and the remaining members shall be” in (3)(e).

Cross References —

Definition of “board of trustees” for purposes of this chapter, see §41-13-10.

General powers and duties of the board of trustees for county hospitals, see §41-13-35.

OPINIONS OF THE ATTORNEY GENERAL

Trustees for a community hospital owned by a county are to be appointed by the board of supervisors, with each board member having an exclusive right to nominate one member from their district or the community at large. 1986 Miss. Op. Att'y Gen. 1.

In the event of a vacancy on the board of trustees for a community hospital owned by a county, each supervisor may select a nominee from his or her own district or the county at large, the board may vote to approve or reject that nominee, and if rejected, that supervisor may name a different nominee. 1997 Miss. Op. Att'y Gen. 372.

If a member of the board of commissioners of a county hospital moves to an adjacent county, he is required to vacate his position, even if he has a business in the city which he continues to maintain. 1999 Miss. Op. Att'y Gen. 140.

Each supervisor can nominate one trustee from his district or from the county at large, but they should make appointments exceeding five from the county at large. 2001 Miss. Op. Att'y Gen. 653.

The failure of one district to have a trustee appointed by that district supervisor does not invalidate the appointment of the other trustees or the acts of the board. 2001 Miss. Op. Att'y Gen. 653.

If the vacancy on the board of trustees for a county hospital is an at-large appointment, the appointment shall be made within 90 days by the board of supervisors as a whole. However, if the vacancy is not an at-large appointment, the appropriate supervisor shall submit a nomination and the appointment shall be made within 90 days by the board of supervisors. 2004 Miss. Op. Att'y Gen. 10.

Members of boards of trustees of community hospitals may not participate in hospitals’ life and health insurance programs after they leave their positions as trustees. 2005 Miss. Op. Att'y Gen. 580.

Trustees of a community hospital are entitled to be reimbursed at the rate of 20 cents per mile for travel expenses incurred while performing official duties; however, governing authorities of the county may authorize an increase in the mileage reimbursement in an amount not to exceed the rate authorized for state officers and employees in Section 25-3-41 (1). 2005 Miss. Op. Att'y Gen. 353.

Members of boards of trustees of community hospitals may not participate in hospitals’ life and health insurance programs after they leave their positions as trustees. 2005 Miss. Op. Att'y Gen. 580.

JUDICIAL DECISIONS

1. In general.

2. Liability of board of trustees.

3. Actions.

1. In general.

Since the office of community hospital trustee is a public office, Mississippi Constitution § 90(o) is applicable to Mississippi Code §41-13-29(3)(c). State ex rel. Pair v. Burroughs, 487 So. 2d 220, 1986 Miss. LEXIS 2437 (Miss. 1986).

Since Mississippi Code §41-13-29(3)(c) contravenes Mississippi Constitution § 90, § 89 of the Constitution is inapplicable. State ex rel. Pair v. Burroughs, 487 So. 2d 220, 1986 Miss. LEXIS 2437 (Miss. 1986).

Subsection (3)(c) of Mississippi Code §41-13-29 is void in its entirety as in violation of the Mississippi Constitution. State ex rel. Pair v. Burroughs, 487 So. 2d 220, 1986 Miss. LEXIS 2437 (Miss. 1986).

The appointment of claimant to office of Jones County Community Hospital trustee which was made pursuant to Mississippi Code §41-13-29(3)(c), containing prohibited “highway” language, was invalid, and his claim for having been appointed to an at-large position under subsection (2) of the statute was without merit. State ex rel. Pair v. Burroughs, 487 So. 2d 220, 1986 Miss. LEXIS 2437 (Miss. 1986).

That part of subsection (3)(c) referring to highways 59 and 84 bears no rational relationship to the means of appointing trustees. State ex rel. Pair v. Burroughs, 487 So. 2d 220, 1986 Miss. LEXIS 2437 (Miss. 1986).

County hospital trustees may not make themselves an allowance for services, where the law makes no provision therefor, although they act in good faith and from honest motives. Golding v. Salter, 234 Miss. 567, 107 So. 2d 348, 1958 Miss. LEXIS 530 (Miss. 1958).

Christmas bonuses to county hospital employees as a reward for faithful service, is not within powers of its trustees. Golding v. Salter, 234 Miss. 567, 107 So. 2d 348, 1958 Miss. LEXIS 530 (Miss. 1958).

2. Liability of board of trustees.

In a case in which a behavioral health limited liability company (LLC) contracted with a community hospital to operate and manage a behavioral unit, and the LLC had not requested a guarantee from the hospital board of trustees (trustees) or the county board of supervisors (supervisors), the simple fact that the hospital was under the direction and control of the trustees and the supervisors did not equate to a responsibility on their part to assume the contractual obligations of the hospital. Sunstone Behavioral Health, LLC v. Covington County Hosp., 2008 U.S. Dist. LEXIS 77381 (S.D. Miss. Aug. 19, 2008).

Members of a county hospital board are not personally liable for amounts paid in good faith to the administrator for traveling expenses in performance of his duties, to any employee for special service rendered while not on salary, for purchases of supplies without competitive bids, and for flowers purchased, as an expression of sympathy, for funerals of members of families of hospital employees. Golding v. Salter, 234 Miss. 567, 107 So. 2d 348, 1958 Miss. LEXIS 530 (Miss. 1958).

No provision is made as to liability of hospital board members for unauthorized or wrongful appropriation of hospital funds; hence such liability is governed by the common law rule that a public officer acting judicially or quasi-judicially is not liable if he acted in good faith within the scope of the subject matter over which he is given jurisdiction. Golding v. Salter, 234 Miss. 567, 107 So. 2d 348, 1958 Miss. LEXIS 530 (Miss. 1958).

3. Actions.

Since an action by a medical insurer for alleged overcharges by a hospital was not one in tort, but for money had and received, the county, the hospital and the hospital trustees were not entitled to have the action dismissed on the ground that it was an action in tort, and that they, as agents or subdivisions of the state, were immune to the suit. Reserve Life Ins. Co. v. Salter, 152 F. Supp. 868, 1957 U.S. Dist. LEXIS 3486 (D. Miss. 1957).

Evidence of overcharges by a hospital, which was not rebutted, entitled medical insurer to judgment for money had and received against the county, county hospital and the hospital administrator. Reserve Life Ins. Co. v. Salter, 152 F. Supp. 868, 1957 U.S. Dist. LEXIS 3486 (D. Miss. 1957).

§§ 41-13-31 and 41-13-33. Repealed.

Repealed by Laws, 1982, ch. 395, § 6, eff from and after July 1, 1982.

§41-13-31. [Codes, 1942, § 7129-56; Laws, 1944, ch. 277; Laws, 1946, ch. 412, § 4; Laws, 1948, ch. 435, § 4; Laws, 1956, ch. 297, § 3; Laws, 1958, ch. 368, § 3; Laws, 1968, ch. 442, § 4; Laws, 1978, ch. 321, § 1]

§41-13-33. [Codes, 1942, § 7129-56.5; Laws, 1958, ch. 363, § 4; Laws, 1966, chs. 460, 482; Laws, 1968, ch. 443, § 1; Laws, 1972, ch. 510, § 1; Laws, 1981, ch. 436, § 2]

Editor’s Notes —

Former §41-13-31 established boards of trustees for hospitals other than municipal or county hospitals.

Former §41-13-33 authorized the payment of compensation to board members.

§ 41-13-35. General powers and duties of trustees; bonds; prohibited acts or behavior of trustees, individual trustee, or agent or servant of trustee.

  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.
  2. The board of trustees shall have full authority to select from its members, officers and committees and, by resolution or through the board bylaws, to delegate to such officers and committees reasonable authority to carry out and enforce the powers and duties of the board of trustees during the interim periods between regular meetings of the board of trustees; provided, however, that any such action taken by an officer or committee shall be subject to review by the board, and actions may be withdrawn or nullified at the next subsequent meeting of the board of trustees if the action is in excess of delegated authority.
  3. The board of trustees shall be responsible for governing the community hospital under its control and shall make and enforce staff and hospital bylaws and/or rules and regulations necessary for the administration, government, maintenance and/or expansion of such hospitals. The board of trustees shall keep minutes of its official business and shall comply with Section 41-9-68.
  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.
  5. The power of the board of trustees shall specifically include, but not be limited to, the following authority:
    1. To deposit and invest funds of the community hospital in accordance with Section 27-105-365;
    2. To establish such equitable wage and salary programs and other employment benefits as may be deemed expedient or proper, and in so doing, to expend reasonable funds for such employee salary and benefits. Allowable employee programs shall specifically include but not be limited to, medical benefit, life, accidental death and dismemberment, disability, retirement and other employee coverage plans. The hospital may offer and fund such programs directly or by contract with any third party and shall be authorized to take all actions necessary to implement, administer and operate such plans, including payroll deductions for such plans;
    3. To authorize employees to attend and to pay actual expenses incurred by employees while engaged in hospital business or in attending recognized educational or professional meetings;
    4. 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;
    5. To devise and implement employee incentive programs;
    6. 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;
    7. 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;
    8. 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;
    9. To sell or otherwise dispose of any chattel property of the community hospital by any method deemed appropriate by the board where such disposition is consistent with the hospital purposes or where such property is deemed by the board to be surplus or otherwise unneeded;
    10. 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;
    11. To borrow money and enter other financing arrangements for community hospital and related purposes and to grant security interests in hospital equipment and other hospital assets and to pledge a percentage of hospital revenues as security for such financings where needed; 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;
    12. To expend hospital funds for public relations or advertising programs;
    13. 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; to promote, develop, operate and maintain a center providing care or residential facilities for the aged, convalescent or handicapped; and to promote, develop and institute any other services having an appropriate place in the operation of a hospital offering complete community health care;
    14. 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;
    15. To establish and operate medical offices, child care centers, wellness or fitness centers and other facilities and programs which the board determines are appropriate i