(1) There is created the Fetal and Infant Mortality Review Panel, whose primary purpose is to review fetal deaths and deaths of infants up to one (1) year of age and establish strategies to prevent infant deaths. The review panel shall be multidisciplinary and composed of such members as deemed appropriate by the State Department of Health. The review panel may develop subcommittees to carry out the panel’s purposes.
(2) The chairman of the review panel shall be elected annually by the review panel membership. The review panel shall develop and implement such procedures and policies necessary for its operation, including obtaining and protecting confidential records from the agencies and officials specified in subsection (3) of this section to ensure successful completion of the ongoing review required by this section and procedures for notice, opportunity to cure, and enforcement for lack of compliance. The review panel shall be assigned to the State Department of Health for administrative purposes, and the department shall designate staff to assist the review panel.
(3) The review panel shall submit a report annually to the Chairmen of the House Public Health and Human Services Committee and the Senate Public Health and Welfare Committee on or before December 1. The report shall include the numbers, causes and relevant demographic information on infant mortality deaths in Mississippi, and appropriate recommendations to the Legislature on how to most effectively direct state resources to decrease infant mortality in Mississippi. Data for the review panel’s review and reporting shall be provided to the review panel, upon the request of the review panel, by the State Medical Examiner’s office, State Department of Health, Department of Human Services, medical examiners, coroners, health care providers, law enforcement agencies, and any other agencies or officials having information that is necessary for the review panel to carry out its duties under this section. The State Department of Health shall also be responsible for printing and distributing the annual report(s) on infant mortality in Mississippi.
(4) In the case of an infant or child who dies suddenly and unexpectedly, including cases of sudden infant death syndrome (SIDS), sudden unexpected infant death (SUID) or sudden death in the young (SDY), the review panel shall conduct a comprehensive review of the infant’s or child’s medical, prenatal, and, where applicable, maternal health records for the purpose of identifying potential contributing factors and preventable causes of death. Such review should include consideration of the infant’s or child’s immunization history and any medical treatments or interventions as part of the overall medical context, without limitation to a specified time period, as relevant to the review panel’s determination of contributing factors. The review panel shall conduct its review in accordance with nationally recognized best practices, including guidelines and standards promulgated by the National Center for Fatality Review and Prevention (NCFRP). The State Department of Health shall verify that cases of sudden and unexpected death of an infant or child were reported to the SUID and SDY Case Registry and that any adverse vaccine reactions were reported to the Vaccine Adverse Event Reporting System (VAERS), and shall report to the SUID and SDY Case Registry or to VAERS any such cases or adverse vaccine reactions that were not previously reported. Nothing in this subsection shall be construed to limit or alter any existing reporting obligations imposed by law on health care providers or other entities independent of the review panel. The review panel’s report and recommendations shall be made public by the State Department of Health.
(5) Physicians licensed under Section 73-25-1 et seq., hospitals licensed under Section 41-9-1 et seq., and pharmacies licensed under Section 73-21-69 et seq., shall provide reasonable access to the review panel to all relevant medical records, including, but not limited to, medical records of the decedent and decedent’s birth mother, associated with a case under review by the review panel.
(6) A physician, hospital or pharmacy providing access to medical records under this section shall not be held liable for civil damages or be subject to any criminal or disciplinary action for good faith efforts in providing such records.
(7) Information, records, reports, statements, notes, memoranda or other data collected under this section shall not be admissible as evidence in any action of any kind in any court or before any other tribunal, board, agency or person. Such information, records, reports, statements, notes, memoranda or other data shall not be exhibited nor their contents disclosed in any way, in whole or in part, by any officer or representative of the department or any other person, except as may be necessary for the purpose of furthering the review of the review panel of the case to which they relate. No person participating in such review shall disclose, in any manner, the information obtained except in strict conformity with such review project.
(8) All information, records of interviews, written reports, statements, notes, memoranda or other data obtained by the department, the review panel, and other persons, agencies or organizations authorized by the department under this section shall be confidential.
(9) All proceedings and activities of the review panel under this section, opinions of members of the review panel formed as a result of those proceedings and activities, and records obtained, created, or maintained under this section, including, but not limited to, records of interviews, written reports and statements procured by the department or any other person, agency or organization acting jointly or under contract with the department in connection with the requirements of this section, shall be confidential and shall not be subject to the Mississippi Open Meetings Act, Sections 25-41-1 through 25-41-17, relating to open meetings, the Mississippi Public Records Act of 1983, Sections 25-61-1 through 25-61-17, relating to open records, or subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding; however, nothing in this section shall be construed to limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and independently of the proceedings of the review panel.
(10) Members of the review panel shall not be questioned in any civil or criminal proceeding regarding the information presented in or opinions formed as a result of a meeting or communication of the review panel; however, nothing in this section shall be construed to prevent a member of the review panel from testifying to information obtained independently of the proceedings of the review panel or which is public information.
(11) (a) Any agencies or officials specified in subsection (3) of this section, or any officer, employee, or contractor acting on their behalf, in possession of records, data, or information requested by the review panel to carry out its duties under this section for the purpose of an infant death or near-death review shall, upon request, provide such information in a complete and timely manner as prescribed by the review panel.For purposes of this section, “complete and timely” means production of all responsive records within the timeframe prescribed by the review panel, unless extended for good cause shown and documented in writing.(b) Before initiating enforcement action, the review panel may provide written notice of noncompliance and allow a reasonable opportunity to cure, not to exceed ten (10) business days, unless delay would materially impair the review panel’s duties.(c) Failure to comply with a lawful request under this section within the specified timeframe or cure period, if applicable, shall subject the noncomplying agency, official, or entity to enforcement by the review panel or the State Department of Health through mandamus, injunctive relief, or other appropriate legal action. In any action brought to compel compliance, the reviewing court shall award to the prevailing party all reasonable costs incurred in enforcing compliance, including attorney’s fees, court costs, and any other expenses reasonably related to the action.
(a) Any agencies or officials specified in subsection (3) of this section, or any officer, employee, or contractor acting on their behalf, in possession of records, data, or information requested by the review panel to carry out its duties under this section for the purpose of an infant death or near-death review shall, upon request, provide such information in a complete and timely manner as prescribed by the review panel.
For purposes of this section, “complete and timely” means production of all responsive records within the timeframe prescribed by the review panel, unless extended for good cause shown and documented in writing.
(b) Before initiating enforcement action, the review panel may provide written notice of noncompliance and allow a reasonable opportunity to cure, not to exceed ten (10) business days, unless delay would materially impair the review panel’s duties.
(c) Failure to comply with a lawful request under this section within the specified timeframe or cure period, if applicable, shall subject the noncomplying agency, official, or entity to enforcement by the review panel or the State Department of Health through mandamus, injunctive relief, or other appropriate legal action. In any action brought to compel compliance, the reviewing court shall award to the prevailing party all reasonable costs incurred in enforcing compliance, including attorney’s fees, court costs, and any other expenses reasonably related to the action.
(12) The State Department of Health may exercise any enforcement authority otherwise granted to it under Title 41 of the Mississippi Code, including, but not limited to, the authority to seek subpoenas, injunctive relief, mandamus, or other appropriate judicial remedies, to enforce compliance with this section.
(13) Nothing in this section shall be construed to authorize the review panel to impose licensure sanctions, civil penalties, or disciplinary action against any person or entity, except as expressly provided for enforcement of compliance with data requests under this section.