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Mississippi Legislature· SB 2477Vetoed

Rural Health Transformation Fund monies; require certain recipients of to be subject to competitive bidding process., the official text

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MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Public Health and Welfare

By: Senator(s) Bryan

Senate Bill 2477

(As Sent to Governor)

AN ACT TO PROVIDE THAT IN STRUCTURING GRANTS, APPLICATIONS
OR OTHER PROGRAMS FUNDED BY THE RURAL HEALTH TRANSFORMATION PROGRAM, SECTION
71401 OF PUBLIC LAW NO. 119-21, PRIORITY SHALL BE GIVEN TO APPLICANTS, AWARDEES
OR SUBGRANTEES LOCATED IN SUPER RURAL ZIP CODES AS DESIGNATED BY THE CENTERS
FOR MEDICARE AND MEDICAID SERVICES (CMS) AND TO THOSE LOCATED IN CERTAIN
COUNTIES AND AREAS OUTSIDE OF A METROPOLITAN STATISTICAL AREA; TO PROVIDE THAT
PRIORITY SHALL ALSO BE GIVEN TO PROGRAMS FUNDED BY THE RURAL HEALTH
TRANSFORMATION PROGRAM THAT PROVIDE DIRECT ASSISTANCE TO MISSISSIPPI PROVIDERS
AND PATIENTS, RATHER THAN VENDORS; TO PROVIDE THAT IN ANY GRANT PROGRAM FOR
MEDICAL EQUIPMENT ACQUISITION OR UPGRADES, FACILITIES OR OTHER CAPITAL
EXPENDITURES FOR FACILITIES OR EQUIPMENT FUNDED BY THE RURAL HEALTH
TRANSFORMATION PROGRAM, PRIORITY SHALL BE GIVEN TO AWARDEES THAT HAVE NOT
RECEIVED A DIRECT STATE OR FEDERAL APPROPRIATION FOR MEDICAL EQUIPMENT,
FACILITIES OR OTHER CAPITAL EXPENDITURES IN THE PAST THREE YEARS; TO REQUIRE A
COMPETITIVE BIDDING PROCESS FOR VENDORS, SUBCONTRACTORS OR OTHER ENTITIES
SELECTED BY THE STATE TO ASSIST IN ESTABLISHING A STATE HEALTH INFORMATION
EXCHANGE THAT IS FUNDED THROUGH THE RURAL HEALTH TRANSFORMATION PROGRAM; TO
SPECIFY THE MINIMUM REQUIREMENTS FOR SUCH STATE HEALTH INFORMATION EXCHANGE; TO
PROVIDE THAT PREFERENCE IN SELECTING A DESIGNATED VENDOR, SUBCONTRACTOR OR
ENTITY SHALL BE PROVIDED TO THOSE ENTITIES THAT HAVE DEMONSTRATED EXPERIENCE
PROVIDING HEALTH INFORMATION EXCHANGE SERVICES OFFERING REAL-TIME BIDIRECTIONAL
ADMISSION, DISCHARGE AND TRANSFER DATA TO MISSISSIPPI HEALTH CARE PROVIDERS; TO
REQUIRE THE AGENCY OVERSEEING THE STATE HEALTH INFORMATION EXCHANGE TO
PROMULGATE RULES AND REGULATIONS NECESSARY FOR THE PROPER ADMINISTRATION OF THE
EXCHANGE INCLUDING ALLOWABLE PARTICIPANTS, PERMISSIBLE USES OF DATA, SECURITY
AND OTHER PROTOCOL, AND A PROCESS BY WHICH PATIENTS MAY OPT OUT OF
PARTICIPATING; TO EXEMPT RECORDS TRANSMITTED TO OR FROM THE HEALTH INFORMATION
EXCHANGE FROM THE PROVISIONS OF THE MISSISSIPPI PUBLIC RECORDS ACT; TO PROVIDE
THAT ANY CONTRACT FOR A PROGRAM FUNDED BY THE RURAL HEALTH TRANSFORMATION
PROGRAM, INCLUDING THOSE ENTERED INTO OR MANAGED BY A NON-PUBLIC ENTITY, SHALL
BE GOVERNED BY THE MISSISSIPPI PUBLIC RECORDS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1.
(1)  In structuring grants, applications or other
programs funded, in whole or in part, by the Rural Health Transformation
Program, Section 71401 of Public Law No. 119-21, priority shall be given to
applicants, awardees or subgrantees located in:

(a)  Super rural zip
codes as designated by the Centers for Medicare and Medicaid Services (CMS);

(b)  A county that does
not contain a municipality whose population exceeds fifteen thousand (15,000)
according to the 2020 decennial census, and that also does not contain any
portion of a municipality whose population exceeds fifteen thousand (15,000)
according to the 2020 decennial census;

(c)  The region designated
by the State Department of Health as the Delta Public Health Region as of
January 1, 2026; and

(d)  Areas outside of a
metropolitan statistical area as determined by the federal Office of Management
and Budget.

(2)  Priority
shall also be given to programs funded, in whole or in part, by the Rural
Health Transformation Program, Section 71401 of Public Law No. 119-21, that
provide direct assistance to Mississippi providers and patients, rather than
vendors.

(3)  In
any grant program for medical equipment acquisition or upgrades, facilities or
other capital expenditures for facilities or equipment funded, in whole or in
part, by the Rural Health Transformation Program, Section 71401 of Public Law
No. 119-21, priority shall be given to awardees that have not received a direct
state or federal appropriation for medical equipment, facilities or other
capital expenditures in the past three (3) years.

(4)  Any vendor,
subcontractor or other entity selected by the state to
assist in establishing a state health information exchange shall be subject
to a competitive bidding process pursuant to Section 31-7-13(c).  Such vendors
shall not be selected through the emergency purchase procedure provided in
Section 31-7-13(j) or through any of the exceptions from bidding requirements
as provided for in Section 31-7-13(m).  This subsection shall apply to vendors,
subcontractors or other entities or products selected
or funded, in whole or in part, by the Rural Health Transformation Program,
Section 71401 of Public Law No. 119-21.

(5)  A health information
exchange established by the state as described in subsection (4) of this
section shall, at a minimum, demonstrate:

(a)  A patient-centered
mission driven primarily to increase access to and ensure the efficient
administration of health care in Mississippi;

(b)  Compliance with
established national standards and applicable state and federal laws, including
HIPAA;

(c)  Interoperability
between electronic health record systems;

(d)  Deliverance of
real-time bidirectional admission, transfer and discharge data across all
connected participants; and

(e)  Ability to create
and implement a real-time bed availability system to ease essential transfers
between licensed hospitals, mental health providers and other facilities.

(6)  In
order to minimize implementation time and cost to the state, preference in the
selection of a designated vendor, subcontractor or other entity shall be
provided to those entities that have demonstrated experience providing health information
exchange services offering real-time bidirectional admission, discharge and
transfer data to Mississippi health care providers.

(7)  The
agency overseeing the state health information exchange shall promulgate rules
and regulations necessary for the proper administration of the exchange
including allowable participants, permissible uses of data, security and other
protocol, and a process by which patients may opt out of participating.

(8)  Records
transmitted to or from the health information exchange shall be exempt from the
provisions of the Mississippi Public Records Act of 1983.

(9)  Every agency that
awards grants or funds derived from the Rural Health Transformation Program,
Section 71401 of Public Law No. 119-21, shall provide quarterly reports to the
Lieutenant Governor, Speaker of the House, and Chairs of the Senate and House
Appropriations and Medicaid Committees, Senate Public Health and Welfare
Committee, and House Public Health and Human Services Committee on funds
awarded to subgrantees and any other funds expended from the Rural Health
Transformation Program, including funds expended on administration of the
program.

(10)  Except
as otherwise provided in subsection (8) of this section, any contract for a
program funded in whole or in part by the Rural Health Transformation Program,
Section 71401 of Public Law No. 119-21, including those entered into or managed
by a non-public entity, shall be governed by the Mississippi Public Records Act
of 1983.

SECTION
2.  This act shall take effect and be
in force from and after its passage.
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