AN ACT TO BE KNOWN AS THE CREATING LOGIC FOR EFFICIENCY AND ACCOUNTABILITY REFORM (CLEAR) ACT; TO CREATE NEW SECTION 5-3-77, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE PEER COMMITTEE TO ESTABLISH A PROGRAM OF REVIEWING SELECTED NEWLY ADOPTED STATE AGENCY ADMINISTRATIVE RULES; TO PROVIDE THAT SUCH REVIEWS SHALL PRODUCE A REPORT TO THE LEGISLATURE ON NEWLY ADOPTED STATE AGENCY ADMINISTRATIVE RULES AND THEIR CONFORMITY TO THE INTENT OF THE LAW AUTHORIZING THEM, AS WELL AS ANY OTHER MATTER THE COMMITTEE CONSIDERS APPROPRIATE; TO AMEND SECTION 43-13-117, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE PEER COMMITTEE SHALL CONDUCT A PERFORMANCE EVALUATION OF THE MEDICAID NONEMERGENCY TRANSPORTATION PROGRAM ONCE EVERY THREE YEARS TO EVALUATE THE ADMINISTRATION OF THE PROGRAM AND THE PROVIDERS OF TRANSPORTATION SERVICES TO DETERMINE THE MOST COST-EFFECTIVE WAYS OF PROVIDING NONEMERGENCY TRANSPORTATION SERVICES TO THE PATIENTS SERVED UNDER THE PROGRAM; TO CREATE THE STATE BOARD OF HEALTH PROFESSIONS; TO PROVIDE THAT THE MEMBERS OF THE BOARD SHALL BE ONE MEMBER FROM THE BOARDS OF MEDICAL LICENSURE, PHARMACY, NURSING, CHIROPRACTIC EXAMINERS, DENTAL EXAMINERS AND OPTOMETRY, AND FIVE ADDITIONAL MEMBERS; TO PROVIDE THAT THE BOARD SHALL EVALUATE THE NEED FOR COORDINATION AMONG THE HEALTH REGULATORY BOARDS AND THEIR STAFFS, EVALUATE ALL HEALTH CARE PROFESSIONS AND OCCUPATIONS IN THE STATE AND CONSIDER WHETHER EACH SUCH PROFESSION OR OCCUPATION SHOULD BE REGULATED AND THE DEGREE OF REGULATION TO BE IMPOSED, SERVE AS A FORUM FOR RESOLVING CONFLICTS AMONG THE HEALTH REGULATORY BOARDS, ADVISE THE GOVERNOR AND THE LEGISLATURE ON MATTERS RELATING TO THE REGULATION OR DEREGULATION OF HEALTH CARE PROFESSIONS AND OCCUPATIONS, AND EXAMINE SCOPE OF PRACTICE CONFLICTS INVOLVING REGULATED AND UNREGULATED HEALTH CARE PROFESSIONS AND OCCUPATIONS AND ADVISE THE HEALTH REGULATORY BOARDS AND THE LEGISLATURE OF THE NATURE AND DEGREE OF SUCH CONFLICTS; TO PROVIDE THAT THE STATE DEPARTMENT OF HEALTH SHALL ANNUALLY REQUEST A BUDGET FOR THE STATE BOARD OF HEALTH PROFESSIONS AND SHALL PROVIDE A MEETING SPACE AND ADMINISTRATIVE SUPPORT FOR THE BOARD'S OPERATIONS; TO AMEND SECTION 47-5-579, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT ALL PROGRAM WITHHOLDINGS FROM PARTICIPANTS OF THE PRISON INDUSTRIES CORPORATION'S WORK INITIATIVE PROGRAM SHALL BE CALCULATED BASED UPON PARTICIPANT WAGES AFTER MANDATORY DEDUCTIONS; TO REQUIRE ACCOUNTING OF ANY DEPENDENT SUPPORT PAYMENTS, FINES, RESTITUTIONS, FEES OR COSTS, AS ORDERED BY THE COURT, BE REPORTED FOR EACH WORK INITIATIVE PARTICIPANT; TO REQUIRE THAT THE REMAINING SENTENCE LENGTH OF SUCH PARTICIPANT BE COLLECTED, MAINTAINED AND REPORTED; TO REQUIRE THAT A FINANCIAL ACCOUNT CREATION DATE BE COLLECTED, MAINTAINED AND REPORTED FOR EACH PARTICIPANT; TO AMEND SECTION 5-3-59, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CRIMINAL PENALTIES FOR PERSONS WHO FAIL TO COMPLY WITH SUBPOENAS FROM THE PEER COMMITTEE; TO CREATE NEW SECTION 5-3-60, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR CIVIL ENFORCEMENT OF PEER COMMITTEE SUBPOENAS; TO AMEND SECTIONS 5-1-23 AND 5-1-25, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THESE PROVISIONS RELATING TO WITNESSES BEFORE LEGISLATIVE COMMITTEES ARE NOT APPLICABLE TO SUBPOENAS ISSUED BY THE PEER COMMITTEE; TO AMEND SECTION 5-1-35, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE SERGEANT-AT-ARMS OF THE SENATE SHALL SERVE PEER COMMITTEE SUBPOENAS UPON REQUEST; AND FOR RELATED PURPOSES.
The CLEAR Act significantly impacts Mississippi's legislative and administrative landscape. By mandating regular reviews, the legislation could lead to more informed decisions regarding state regulations, potentially identifying unnecessary or ineffective rules that may burden both agencies and citizens. Agencies like Medicaid will see changes in how they evaluate programs, particularly in nonemergency transportation services, as the PEER Committee will perform evaluations to find the most cost-effective methods of administration. Moreover, the establishment of the State Board of Health Professions aims to improve oversight and coordination among health regulatory boards, ensuring that all professions are evaluated for necessity and appropriate levels of regulation.
Senate Bill 2621, known as the Creating Logic for Efficiency and Accountability Reform (CLEAR) Act, aims to enhance the efficiency and accountability of state agencies by establishing a framework for reviewing newly adopted administrative rules. The bill delegates authority to the Joint Legislative Committee on Performance Evaluation and Expenditure Review (PEER) to conduct assessments of these rules, ensuring they align with the intent of enabling legislation. This provides lawmakers with a structured approach to monitor compliance and affect changes to regulatory practices when necessary. The committee can initially review fifteen rules per year, increasing to thirty in subsequent years, with required reports submitted to the Legislature, thereby fostering a culture of accountability in administrative governance.
Discussion surrounding SB2621 may center on the balance between regulatory oversight and the ability of state agencies to enact necessary rules swiftly. Some advocates argue that these checks on administrative rule-making will prevent bureaucratic overreach and protect citizens' rights, while opponents may view them as potentially stifling the responsiveness of agencies, particularly in dynamic fields like healthcare where regulations often need to adapt quickly to new challenges and standards. This debate highlights the ongoing tension in governance between efficiency, accountability, and the flexibility required by service providers in rapidly changing environments.