AN ACT TO AMEND SECTION 41-4-7, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF MENTAL HEALTH SHALL DEVELOP AND PROMULGATE A RATING SCALE WITH PERFORMANCE STANDARDS TO USE IN PERFORMANCE AUDITS OF COMMUNITY MENTAL HEALTH CENTERS; TO REQUIRE THE DEPARTMENT TO DEVELOP AND PROMULGATE THE PERFORMANCE STANDARDS BY JUNE 30, 2027; TO PROVIDE THAT THE DEPARTMENT SHALL BEGIN CONDUCTING PERFORMANCE AUDITS DURING FISCAL YEAR 2028; TO REQUIRE THE DEPARTMENT TO PERFORM A PERFORMANCE AUDIT OF EACH COMMUNITY MENTAL HEALTH CENTER AT LEAST ONCE EVERY TWO YEARS; TO PROVIDE THAT THE DEPARTMENT SHALL PLACE ON A SIX-MONTH PROBATIONARY PERIOD REGIONAL COMMISSIONS OR COMMUNITY MENTAL HEALTH CENTERS THAT DO NOT ACHIEVE A PASSING SCORE ON A PERFORMANCE AUDIT; TO PROVIDE THAT IF THE COMMUNITY MENTAL HEALTH CENTER DOES NOT ACHIEVE A PASSING SCORE ON THE PERFORMANCE AUDIT AFTER THE PROBATIONARY PERIOD, THE REGIONAL COMMISSION SHALL REPLACE THE COMMUNITY MENTAL HEALTH CENTER'S EXECUTIVE DIRECTOR AND ANY OTHER OFFICERS IDENTIFIED BY THE DEPARTMENT WITH CONTRACTORS; TO PROVIDE THAT THE CONTRACTOR OR CONTRACTORS SHALL REMAIN IN PLACE UNTIL THE DEPARTMENT DETERMINES THAT THE COMMUNITY MENTAL HEALTH CENTER HAS ATTAINED SUSTAINED COMPLIANCE WITH THE PERFORMANCE STANDARDS; TO PROVIDE THAT NO RULES, REGULATIONS, OPERATIONAL STANDARDS, PERFORMANCE STANDARDS OR OTHER STANDARDS PROMULGATED BY THE BOARD OF MENTAL HEALTH OR THE DEPARTMENT SHALL BE CONSTRUED TO CREATE A CAUSE OF ACTION; TO AMEND SECTION 27-104-7, MISSISSIPPI CODE OF 1972, TO EXEMPT FROM PUBLIC PROCUREMENT REVIEW BOARD APPROVAL ANY PERSONAL OR PROFESSIONAL SERVICES CONTRACT ENTERED INTO BY THE DEPARTMENT OF MENTAL HEALTH IN CARRYING OUT ITS RESPONSIBILITIES SET FORTH IN SECTION 41-4-7(MM); AND FOR RELATED PURPOSES.
Impact
The enactment of this bill is expected to have significant implications for state laws regarding mental health. By instituting a formalized system of performance audits, community mental health centers will be held to a higher standard of care and effectiveness. If any center fails to achieve a passing score on its performance audit, it will be placed on a six-month probationary period. Should it continue to fail to meet standards, the regional commission will be required to replace the center's executive director and other key officers with contracted individuals until compliance is met with the established performance standards.
Summary
House Bill 560 amends Section 41-4-7 of the Mississippi Code of 1972. This legislation mandates that the Mississippi Department of Mental Health (DMH) develop a rating scale and performance standards to be used in performance audits of community mental health centers. The DMH is required to promulgate these performance standards by June 30, 2027, and begin conducting audits in fiscal year 2028, with a requirement to perform these audits at least once every two years. This change aims to enhance the accountability and performance of community mental health services in the state.
Contention
Some points of contention may arise from the authority granted to the DMH in implementing these performance standards and the process for replacing executive directors of non-compliant centers. Critics may voice concerns about the potential for overreach in state control over local mental health services and the implications of such actions on the delivery of care to vulnerable populations. Additionally, there may be discussions around the adequacy of these standards and how they may affect the operational autonomy of community mental health centers across Mississippi.