House Bill 1010

AN ACT TO AMEND SECTIONS 41-9-301 THROUGH 41-9-307, 41-9-309 AND 41-9-311, MISSISSIPPI CODE OF 1972, TO AMEND THE RURAL HEALTH AVAILABILITY ACT TO EXPAND ITS APPLICATION TO INCLUDE ALL HOSPITALS IN THE STATE; TO CHANGE THE NAME OF THE ACT TO THE "MISSISSIPPI HOSPITALS HEALTH AVAILABILITY ACT"; TO PROVIDE LEGISLATIVE FINDINGS THAT THE ALLOWING COOPERATION AMONG ALL HOSPITALS CAN IMPROVE THE QUALITY OF HEALTH CARE IN MISSISSIPPI, AND STATING THAT IT IS THE POLICY OF THE STATE TO DISPLACE COMPETITION AMONG HOSPITALS IN CERTAIN INSTANCES WITH REGULATION AND SUPERVISION OF THAT REGULATION IN ORDER TO PROMOTE COOPERATION AND COORDINATION AMONG HOSPITALS AND TO PROVIDE STATE ACTION IMMUNITY FROM FEDERAL AND STATE ANTITRUST LAWS TO HOSPITALS THAT ARE ISSUED A CERTIFICATE OF PUBLIC ADVANTAGE UNDER THE ACT; TO AUTHORIZE ALL HOSPITALS OR ANY COMBINATION THEREOF TO NEGOTIATE AND ENTER INTO COOPERATIVE AGREEMENTS, SUBJECT TO RECEIPT OF A CERTIFICATE OF PUBLIC ADVANTAGE GOVERNING THE AGREEMENT AS PROVIDED IN THE ACT; TO PROVIDE THAT THE STATE DEPARTMENT OF HEALTH SHALL APPROVE A PROPOSED COOPERATIVE AGREEMENT AND ISSUE A CERTIFICATE OF PUBLIC ADVANTAGE FOR A COOPERATIVE AGREEMENT IF IT DETERMINES THAT THE BENEFITS OUTWEIGH THE DISADVANTAGES LIKELY TO RESULT FROM A REDUCTION IN COMPETITION FROM THE AGREEMENT; TO SPECIFY ADDITIONAL FACTORS THAT THE DEPARTMENT SHALL CONSIDER IN EVALUATING THE POTENTIAL BENEFITS OF A COOPERATIVE AGREEMENT; TO PROVIDE THAT IF THE DEPARTMENT HAS REASON TO BELIEVE THAT COMPLIANCE WITH A COOPERATIVE AGREEMENT NO LONGER MEETS THE REQUIREMENTS OF THIS ACT, IT SHALL INITIATE A PROCEEDING TO DETERMINE WHETHER COMPLIANCE WITH THE COOPERATIVE AGREEMENT NO LONGER MEETS THE REQUIREMENTS OF THE ACT; TO DIRECT THE STATE BOARD OF HEALTH TO ADOPT RULES REGARDING THE MONITORING, SUPERVISION AND OVERSIGHT OF COOPERATIVE AGREEMENTS APPROVED UNDER THE ACT; TO PROVIDE THAT NOTHING IN THE ACT EXEMPTS HOSPITALS FROM COMPLIANCE WITH THE PROVISIONS OF THE COMMUNITY HOSPITALS LAWS; TO CREATE NEW SECTION 41-9-308, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF AN APPLICANT FOR OR HOLDER OF A CERTIFICATE OF PUBLIC ADVANTAGE BELIEVES THAT MATERIALS REQUIRED TO BE SUBMITTED TO THE DEPARTMENT CONTAIN PROPRIETARY INFORMATION, THAT INFORMATION MUST BE CLEARLY IDENTIFIED AND SHALL NOT BE SUBJECT TO DISCLOSURE, INSPECTION, EXAMINATION, COPYING OR REPRODUCTION UNDER THE MISSISSIPPI PUBLIC RECORDS ACT; AND FOR RELATED PURPOSES.

In the House of Representatives

• Missy McGee

  Sponsor

l9n doesn't hold this bill's text yet.

In the House of Representatives Jan 18 – Feb 2

1. Jan 18Referred to the House committee on Public Health and Human Services
2. Feb 2Died in committee in the House