Chapter 1. Department of Human Services and County Departments of Public Welfare

In General

§ 43-1-1. Department of Human Services to be State Department of Public Welfare [Repealed effective July 1, 2023].

  1. The Department of Human Services shall be the State Department of Public Welfare and shall retain all powers and duties as granted to the State Department of Public Welfare. Wherever the term “State Department of Public Welfare” or “State Board of Public Welfare” appears in any law, the same shall mean the Department of Human Services. The Executive Director of Human Services may assign to the appropriate offices such powers and duties deemed appropriate to carry out the lawful functions of the department.
  2. This section shall stand repealed on July 1, 2023.

HISTORY: Codes, 1942, § 7217; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 1986, ch. 500, § 34; Laws, 1989, ch. 544, § 61; Laws, 1990, ch. 522, § 17; Laws, 1992, ch. 585 § 2; reenacted and amended, Laws, 1994 Ex Sess, ch. 22, § 1; Laws, 2001, ch. 599, § 2; Laws, 2002, ch. 573, § 1; reenacted and amended, Laws, 2005, ch. 537, § 1; Laws, 2009, ch. 564, § 1; Laws, 2012, ch. 470, § 1; Laws, 2015, ch. 403, § 1, eff from and after July 1, 2015; Laws, 2019, ch. 372, § 1, eff from and after July 1, 2019.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Amendment Notes —

The 2002 amendment extended the date of the repealer for this section from “July 1, 2002” to “July 1, 2004.”

The 2005 amendment reenacted and amended the section by extending the date of the repealer in (2) from “July 1, 2004” until “July 1, 2009.”

The 2009 amendment extended the date of the repealer for the section by substituting “July 1, 2012” for “July 1, 2009.”

The 2012 amendment extended the repealer provision from “July 1, 2012” to “July 1, 2015.”

The 2015 amendment extended the repealer provision in (2) from “July 1, 2015” to “July 1, 2019.”

The 2019 amendment extended the date of the repealer for the section by substituting “July 1, 2023” for “July 1, 2019” in (2).

Cross References —

General provisions regarding the reorganization of the executive branch of government, see §§7-17-1 et seq.

Establishment of child support unit within Department of Human Services, see §43-19-31.

Duties of Department of Human Services with respect to youth court, see §§43-21-257,43-21-315,43-21-353,43-21-357,43-21-607,43-21-609.

Assistance by Department of Public Welfare in making relevant information available to Cooperative Extension Service for information clearinghouse assisting farmers, see §69-2-5.

Powers and duties of public welfare department with respect to restitution centers, see §99-37-21.

JUDICIAL DECISIONS

1. In general.

Educational grant to employee of state department of public welfare for study in his field of work, held subject to Federal income tax. Ussery v. United States, 296 F.2d 582, 1961 U.S. App. LEXIS 3227 (5th Cir. Miss. 1961).

RESEARCH REFERENCES

CJS.

81 C.J.S., Social Security and Public Welfare §§ 12-18.

§ 43-1-2. Mississippi Department of Human Services; Executive Director of Human Services; Joint Oversight Committee; powers of executive director; structure of department [Repealed effective July 1, 2023].

  1. There is created the Mississippi Department of Human Services, whose offices shall be located in Jackson, Mississippi, and which shall be under the policy direction of the Governor.
  2. The chief administrative officer of the department shall be the Executive Director of Human Services. The Governor shall appoint the Executive Director of Human Services with the advice and consent of the Senate, and he shall serve at the will and pleasure of the Governor, and until his successor is appointed and qualified. The Executive Director of Human Services shall possess the following qualifications:
    1. A bachelor’s degree from an accredited institution of higher learning and ten (10) years’ experience in management, public administration, finance or accounting; or
    2. A master’s or doctoral degree from an accredited institution of higher learning and five (5) years’ experience in management, public administration, finance or accounting.

      Those qualifications shall be certified by the State Personnel Board.

  3. There shall be a Joint Oversight Committee of the Department of Human Services composed of the respective Chairmen of the Senate Public Health and Welfare Committee, the Senate Appropriations Committee, the House Public Health and Human Services Committee and the House Appropriations Committee, three (3) members of the Senate appointed by the Lieutenant Governor to serve at the will and pleasure of the Lieutenant Governor, and three (3) members of the House of Representatives appointed by the Speaker of the House to serve at the will and pleasure of the Speaker. The chairmanship of the committee shall alternate for twelve-month periods between the Senate members and the House members, on May 1 of each year, with the Chairman of the Senate Public Health and Welfare Committee serving as chairman beginning in even-numbered years, and the Chairman of the House Public Health and Human Services Committee serving as chairman beginning in odd-numbered years. The committee shall meet once each quarter, or upon the call of the chairman at such times as he deems necessary or advisable, and may make recommendations to the Legislature pertaining to any matter within the jurisdiction of the Mississippi Department of Human Services. The appointing authorities may designate an alternate member from their respective houses to serve when the regular designee is unable to attend such meetings of the oversight committee. For attending meetings of the oversight committee, such legislators shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem and expenses for attending meetings of the committee will be paid while the Legislature is in session. No per diem and expenses will be paid except for attending meetings of the oversight committee without prior approval of the proper committee in their respective houses.
  4. The Department of Human Services shall provide the services authorized by law to every individual determined to be eligible therefor, and in carrying out the purposes of the department, the executive director is authorized:
    1. To formulate the policy of the department regarding human services within the jurisdiction of the department;
    2. To adopt, modify, repeal and promulgate, after due notice and hearing, and where not otherwise prohibited by federal or state law, to make exceptions to and grant exemptions and variances from, and to enforce rules and regulations implementing or effectuating the powers and duties of the department under any and all statutes within the department’s jurisdiction, all of which shall be binding upon the county departments of human services;
    3. To apply for, receive and expend any federal or state funds or contributions, gifts, devises, bequests or funds from any other source;
    4. Except as limited by Section 43-1-3, to enter into and execute contracts, grants and cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the programs of the department; and
    5. To discharge such other duties, responsibilities and powers as are necessary to implement the programs of the department.
  5. The executive director shall establish the organizational structure of the Mississippi Department of Human Services which shall include the creation of any units necessary to implement the duties assigned to the department and consistent with specific requirements of law, including, but not limited to:
    1. Office of Family Children’s Services;
    2. Office of Youth Services;
    3. Office of Economic Assistance;
    4. Office of Child Support Enforcement; or
    5. Office of Field Operations to administer any state or county level programs under the purview of the Mississippi Department of Human Services, with the exception of programs which fall under paragraphs (a) and (b) above.
  6. The Executive Director of Human Services shall appoint heads of offices, bureaus and divisions, as defined in Section 7-17-11, who shall serve at the pleasure of the executive director. The salary and compensation of such office, bureau and division heads shall be subject to the rules and regulations adopted and promulgated by the State Personnel Board as created under Section 25-9-101 et seq. The executive director shall have the authority to organize offices as deemed appropriate to carry out the responsibilities of the department. The organization charts of the department shall be presented annually with the budget request of the Governor for review by the Legislature.
  7. This section shall stand repealed on July 1, 2023.

HISTORY: Laws, 1989, ch. 544, § 59; Laws, 1990, ch. 522, § 18; Laws, 1991, ch. 608, § 27; Laws, 1992, ch. 585 § 1; reenacted and amended, Laws, 1994 Ex Sess, ch. 22, § 2; Laws, 1997, ch. 316, § 15; Laws, 2001, ch. 599, § 3; Laws, 2002, ch. 573, § 2; reenacted and amended, Laws, 2005, ch. 537, § 2; Laws, 2009, ch. 564, § 2; Laws, 2012, ch. 470, § 2; Laws, 2015, ch. 403, § 2, eff from and after July 1, 2015; Laws, 2019, ch. 372, § 2, eff from and after July 1, 2019.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Laws of 1994, Ex Sess, ch. 22, § 6 provides as follows:

“SECTION 6. The Department of Human Services created by Section 2 of this act is a continuation of the Department of Human Services that existed on June 30, 1994, and the Joint Oversight Committee created by Section 2 of this act is a continuation of the Joint Oversight Committee that existed on June 30, 1994. Executive Order 753, issued June 24, 1994, shall have no force or effect from and after the effective date of this act, and the Department of Human Services created by Section 2 of this act supersedes the entity referred to in Executive Order 753 in all respects after the effective date of this act; however, all actions taken by the entity referred to in Executive Order 753 between June 30, 1994, and the effective date of this act that would have been lawful if they had been taken by the Department of Human Services as it existed on June 30, 1994, pursuant to the department’s powers or duties as they existed on June 30, 1994, or pursuant to any powers or duties of the department provided for by any state law enacted during the 1994 Regular Session or any federal law or regulation that was in effect between June 30, 1994, and the effective date of this act, are retroactively ratified, confirmed and validated. In addition, all actions taken by the State Fiscal Officer, the State Treasurer and their respective employees between June 30, 1994, and the effective date of this act in connection with the expenditure by the entity referred to in Executive Order 753 of any of the funds appropriated to the Department of Human Services by House Bill 1760, 1994 Regular Session, are retroactively ratified, confirmed and validated. Nothing in this section shall be construed as ratifying any authority of the Governor to establish a state agency by Executive Order.”

Laws of 2005, ch. 537, § 6 provides as follows:

“SECTION 6. The Department of Human Services created by Section 43-1-2 is a continuation of the Department of Human Services that existed on June 30, 2004, and the Joint Oversight Committee created by Section 43-1-2 is a continuation of the Joint Oversight Committee that existed on June 30, 2004. It is the intention of Laws of 2005, Chapter 537, to resolve all issues and matters in the Order Appointing a Receiver for the Department of Human Services issued by the Chancery Court of the First Judicial District of Hinds County, Mississippi, in the case of State of Mississippi, Ex Rel. Jim Hood, Attorney General v. Haley Barbour, Governor, et al., Cause No. 62004-1170, and the Attorney General shall file appropriate motions in the chancery court to dismiss this case. Provided, however, all actions taken by the receivership referred to in said court order between June 30, 2004, and the April 21, 2005 that would have been lawful if they had been taken by the Department of Human Services as it existed on June 30, 2004, pursuant to the department’s powers or duties as they existed on June 30, 2004, or pursuant to any powers or duties of the department provided for by any state law enacted during the 2004 or 2005 Regular Sessions or any federal law or regulation that was in effect between June 30, 2004, and April 21, 2005, are retroactively ratified, confirmed and validated. In addition, all actions taken by the State Fiscal Officer, the State Treasurer and their respective employees between June 30, 2004, and the effective date of this act in connection with the expenditure by the receivership referred to in said court order of any of the funds appropriated to the Department of Human Services by House Bill No. 1747, 2004 Regular Session, are retroactively ratified, confirmed and validated.”

Laws of 2013, ch. 516, s. 1, provides:

“SECTION 1. (1) The purported conveyance of the real property described in subsection (2) of this section by the Mississippi Department of Human Services to the Marion County Economic Development District under the authority of Executive Order No. 2011-001 executed by Don Thompson, Executive Director of the Department of Human Services, on April 13, 2011, and the special warranty deed dated May 3, 2011, from the Department of Human Services to the Marion County Economic Development District, is ratified, approved, confirmed and validated. The special warranty deed appears in the land deed records in the Office of the Chancery Clerk of Marion County, Mississippi, in Book 1663 at pages 99 through 104, and Executive Order No. 2011-001 appears in the land deed records in the Office of the Chancery Clerk of Marion County, Mississippi, in Book 1663 at pages 105 through 107.

“(2) The real property referenced in subsection (1) of this section is described as follows:

[For a complete description of the property, see Section 1 of Chapter 516, Laws of 2013.]

“All four tracts contain in the aggregate, 370 acres, more or less.”

Laws of 2013, ch. 516, s. 3, provides:

“SECTION 3. The real property conveyed under Sections 1 and 2 of this act [Ch. 516, Laws of 2013. Section 1 is noted under §43-1-2. Section 2 is noted under §43-27-39] shall be conveyed to the respective recipients without any assumption of liability or financial responsibility by the State of Mississippi for any known or unknown environmental defects contained thereon. The entities acquiring the properties indemnifies the State of Mississippi upon receipt of said properties. However, the Marion County Board of Supervisors, upon receipt of the deed of title to the real property described in Sections 1 and 2 of this act shall have the authority to harvest and sell any timber located on those parcels of real property transferred under those sections and shall use the revenue generated from such sale or sales to fund the costs associated with removal and containment of any environmental defects located thereon. Any revenue remaining from the sale of timber after all environmental clean up cost have been paid, shall be deposited into the general fund treasury of Marion County to be expended for any and all purposes deemed necessary by the board of supervisors.”

Section 43-26-1, enacted by Chapter 494, Laws of 2016, effective May 13, 2016, provides that from and after July 1, 2018, the programs and services provided by the Office of Family and Children’s Services of the Department of Human Services under this section will be provided by the Department of Child Protection Services.

Amendment Notes —

The 2002 amendment extended the date of the repealer for this section from “July 1, 2002” to “July 1, 2004”.

The 2005 amendment reenacted and amended the section by, in (3), substituting “Health and Human Services Committee” for “Health and Welfare Committee” preceding “and the House Appropriations Committee” and twice substituting “three (3) members” for “two (2) members” in the first sentence, rewriting the second sentence, and substituting “quarter” for “month” in the third sentence; deleting “State” preceding “Department of Human Services” in (4); adding “Enforcement” at the end of (5)(d); and extending the date of the repealer in (7) from “July 1, 2004” until “July 1, 2009.”

The 2009 amendment extended the date of the repealer for the section by substituting “July 1, 2012” for “July 1, 2009.”

The 2012 amendment inserted “or” at the end of (5)(d); added (5)(e); and extended the repealer provision in (7) from “July 1, 2012” to “July 1, 2015.”

The 2015 amendment extended the repealer provision in (7) from “July 1, 2015” to “July 1, 2019.”

The 2019 amendment extended the date of the repealer for the section by substituting “July 1, 2023” for “July 1, 2019” in (7).

Cross References —

Powers and duties of department, and executive director, with respect to rehabilitative services, see §37-33-1 et seq.

Transfer of functions of State Department of Rehabilitation Services to this department, see §37-33-153.

Transfer of functions, personnel, appropriations, etc., to Department of Rehabilitation Services, see §37-33-201.

Transfer of certain programs of Division of Federal-State Programs to State Department of Human Services, see §43-1-6.

Transfer of functions of Council on Aging to the Department of Human Services, see §43-7-1.

Transfer of functions of department of youth services to this department, see §43-27-2.

JUDICIAL DECISIONS

1. Sovereign immunity.

In a 42 U.S.S.C. § 1983 case in which a mother sued the Mississippi Department of Human Services (MDHS) for removing her child from her custody pursuant to a court order, the Eleventh Amendment shielded MDHS and its workers, in their official capacities, from suit because MDHS was an arm of the state, being funded by the state under Miss. Code Ann. §43-1-2. Stewart v. Jackson County, 2008 U.S. Dist. LEXIS 95207 (S.D. Miss. Oct. 24, 2008), in part, 2009 U.S. Dist. LEXIS 2952 (S.D. Miss. Jan. 14, 2009), aff'd, 369 Fed. Appx. 593, 2010 U.S. App. LEXIS 5393 (5th Cir. Miss. 2010).

OPINIONS OF THE ATTORNEY GENERAL

Section 43-1-2 gives no authority to the Mississippi Department of Human Services to offer cash incentives to individuals who provide information leading to the location of nonsupporting parents. Taylor, September 6, 1996, A.G. Op. #96-0516.

§ 43-1-3. Delegation, privatization, or contracting with private entity for operation of office, bureau or division of department prohibited; contracts for improvement of performance or efficiency of services authorized [Repealed effective July 1, 2023].

Notwithstanding the authority granted under subsection (4)(d) of Section 43-1-2, the Department of Human Services or the Executive Director of Human Services shall not be authorized to delegate, privatize or otherwise enter into a contract with a private entity for the operation of any office, bureau or division of the department, as defined in Section 7-17-11, without specific authority to do so by general act of the Legislature. However, nothing in this section shall be construed to invalidate (a) any contract of the department that is in place and operational before January 1, 1994; or (b) the continued renewal of any such contract with the same entity upon the expiration of the contract; or (c) the execution of a contract with another legal entity as a replacement of any such contract that is expiring, provided that the replacement contract is substantially the same as the expiring contract. Nothing in this section shall prohibit the Department of Human Services or the Executive Director of Human Services from entering into any contract with vendors or contractors intended to improve performance, reduce costs or increase efficiency, so long as the contract remains under the supervision or control of an office, bureau or division of the department, and provided that no county office of the department may be closed unless the Legislature specifically authorizes its closure in advance of the closure.

This section shall stand repealed on July 1, 2023.

HISTORY: Laws, 1994, Ex Sess, ch. 22, § 3; Laws, 2001, ch. 599, § 4; Laws, 2002, ch. 573, § 3; reenacted and amended, Laws, 2005, ch. 537, § 3; Laws, 2009, ch. 564, § 3; Laws, 2012, ch. 470, § 3; Laws, 2013, ch. 515, § 1; Laws, 2015, ch. 403, § 3, eff from and after July 1, 2015; Laws, 2019, ch. 372, § 3, eff from and after July 1, 2019.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

The provisions of this section formerly appeared as a note following §43-1-2 and were reclassified as §43-1-3 pursuant to direction of the Revisor of Statutes.

A prior §43-1-3 [Codes, 1942, § 7218; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 1948, ch. 406, § 1; Laws, 1958, ch. 537; Laws, 1968, ch. 562, § 2; Laws, 1980, ch. 560, § 18; Laws, 1983, ch. 504, § 1; Laws, 1986, ch. 500, § 35] was repealed by Laws of 1989, ch. 544, § 64, effective from and after July 1, 1989. That section created the state board of public welfare.

Amendment Notes —

The 2002 amendment extended the date of the repealer for this section from “July 1, 2002” to “July 1, 2004”.

The 2005 amendment reenacted and amended the section by deleting the former last two sentences of the first paragraph, which read: “Notwithstanding any other provision of this section, the department shall be authorized to continue the operation of its child support collection program with a private entity on a pilot program basis in Hinds and Warren Counties in Mississippi, and the department and the private entity shall specifically be prohibited from expanding such pilot program to any counties other than Hinds and Warren Counties without specific authority to do so by amendment to this section by general act of the Legislature. Before December 15, 1994, the department shall provide a detailed report to the Joint Oversight Committee established by Section 43-1-2 and to the Legislature that describes the results of the pilot program for the privatization of the department’s child support collection program as of December 1, 1994, including an evaluation of whether there has been substantial compliance with the performance standards specified in the contract for the private entity in conducting the pilot program”; and extending the date of the repealer in the second paragraph from “July 1, 2004” until “July 1, 2009.”

The 2009 amendment extended the date of the repealer for the section by substituting “July 1, 2012” for “July 1, 2009.”

The 2012 amendment extended the repealer provision from “July 1, 2012” to “July 1, 2015” in the last paragraph.

The 2013 amendment added the last sentence in the first paragraph.

The 2015 amendment extended the repealer provision in the last paragraph from “July 1, 2015” to “July 1, 2019.”

The 2019 amendment, in the first paragraph, substituted “(a)” for “(i),” “(b)” for “(ii)” and “(c)” for “(iii)”; and extended the date of the repealer for the section by substituting “July 1, 2023” for “July 1, 2019” in the second paragraph.

§ 43-1-4. Powers and duties of department.

The Department of Human Services shall have the following powers and duties:

To provide basic services and assistance statewide to needy and disadvantaged individuals and families.

To promote integration of the many services and programs within its jurisdiction at the client level thus improving the efficiency and effectiveness of service delivery and providing easier access to clients.

To develop a statewide comprehensive service delivery plan in coordination with the Board of Health, the Board of Mental Health, and the Department of Finance and Administration. Such plan shall be developed and presented to the Governor by January 1, 1990.

To employ personnel and expend funds appropriated to the department to carry out the duties and responsibilities assigned to the department by law.

To fingerprint and conduct a background investigation on every employee, contractor, subcontractor and volunteer (i) who has direct access to clients of the department who are children or vulnerable adults, (ii) who is in a position of fiduciary responsibility, (iii) who is in a position with access to Federal Tax Information (FTI), or (iv) who is otherwise required by federal law or regulations to undergo a background investigation. Every such employee, contractor, subcontractor and volunteer shall provide a valid current social security number and/or driver’s license number which shall be furnished to conduct the background investigation for determination as to good moral character and to ensure that no person placed in any position referenced in this paragraph has a felony conviction that would prevent employment or access to Federal Tax Information according to department policy. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded to the Federal Bureau of Investigation for a fingerprint-based national criminal history record check. The department shall be the recipient of the results of any background investigation and/or criminal history record check performed in accordance with this paragraph.

HISTORY: Laws, 1989, ch. 544, § 60; Laws, 2005, ch. 431, § 1, eff from and after July 1, 2005; Laws, 2018, ch. 420, § 1, eff from and after July 1, 2018.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in subsection (e). In clause (ii), “who is” was substituted for “who are.” The Joint Committee ratified the correction at its July 22, 2010, meeting.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Amendment Notes —

The 2005 amendment added (e).

The 2018 amendment, in (e), rewrote the first sentence, which read: “To fingerprint and perform a criminal history record check on every employee or volunteer (i) who has direct access to clients of the department who are children or vulnerable adults, or (ii) who is in a position of fiduciary responsibility,” in the second sentence, inserted “contractor, subcontractor” and substituted “background investigation for determination ... Federal Tax Information according to department policy” for “criminal history record check,” in the third sentence, inserted “fingerprint-based” and made a minor stylistic change, and added the last sentence.

Cross References —

Duty of department to review appropriateness of child support award guidelines, see §43-19-101.

§ 43-1-5. Duties of department [Repealed effective July 1, 2023].

It shall be the duty of the Department of Human Services to:

  1. Establish and maintain programs not inconsistent with the terms of this chapter and the rules, regulations and policies of the Department of Human Services, and publish the rules and regulations of the department pertaining to such programs.
  2. Make such reports in such form and containing such information as the federal government may, from time to time, require, and comply with such provisions as the federal government may, from time to time, find necessary to assure the correctness and verification of such reports.
  3. Within ninety (90) days after the end of each fiscal year, and at each regular session of the Legislature, make and publish one (1) report to the Governor and to the Legislature, showing for the period of time covered, in each county and for the state as a whole:
    1. The total number of recipients;
    2. The total amount paid to them in cash;
    3. The maximum and the minimum amount paid to any recipients in any one (1) month;
    4. The total number of applications;
    5. The number granted;
    6. The number denied;
    7. The number cancelled;
    8. The amount expended for administration of the provisions of this chapter;
    9. The amount of money received from the federal government, if any;
    10. The amount of money received from recipients of assistance and from their estates and the disposition of same;
    11. Such other information and recommendations as the Governor may require or the department shall deem advisable;
    12. The number of state-owned automobiles purchased and operated during the year by the department, the number purchased and operated out of funds appropriated by the Legislature, the number purchased and operated out of any other public funds, the miles traveled per automobile, the total miles traveled, the average cost per mile and depreciation estimate on each automobile;
    13. The cost per mile and total number of miles traveled by department employees in privately owned automobiles, for which reimbursement is made out of state funds;
    14. Each association, convention or meeting attended by any department employees, the purposes thereof, the names of the employees attending and the total cost to the state of such convention, association or meeting;
    15. How the money appropriated to the institutions under the jurisdiction of the department has been expended during the preceding year, beginning and ending with the fiscal year of each institution, exhibiting the salaries paid to officers and employees of the institutions, and each and every item of receipt and expenditure;
    16. The activities of each office within the Department of Human Services and recommendations for improvement of the services to be performed by each division.

      Each report shall be balanced and shall begin with the balance at the end of the preceding fiscal year, and if any property belonging to the state or the institution is used for profit, such report shall show the expenses incurred in managing the property and the amount received from the same. Such reports shall also show a summary of the gross receipts and gross disbursements for each fiscal year and shall show the money on hand at the beginning of the fiscal period of each division and institution of the department.

      This section shall stand repealed on July 1, 2023.

HISTORY: Codes, 1942, § 7219; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 1946, ch. 331, § 1; Laws, 1950, ch. 527; Laws, 1952, ch. 388, § 1; Laws, 1954, ch. 355, § 1; Laws, 1958, ch. 349; Laws, 1966, ch. 445, § 21; Laws, 1983, ch. 504, § 2; Laws, 1989, ch. 544, § 63; Laws, 1990, ch. 522, § 19; Laws, 1991, ch. 434, § 1; Laws, 1992, ch. 585, § 3; Laws, 1992, ch. 523, § 1; reenacted and amended, Laws, 1994 Ex Sess, ch. 22, § 4; Laws, 2001, ch. 599, § 5; Laws, 2002, ch. 573, § 4; reenacted and amended, Laws, 2005, ch. 537, § 4; Laws, 2009, ch. 564, § 4; Laws, 2012, ch. 470, § 4; Laws, 2015, ch. 403, § 4, eff from and after July 1, 2015; Laws, 2019, ch. 372, § 4, eff from and after July 1, 2019.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Amendment Notes —

The 2002 amendment extended the date of the repealer for this section from “July 1, 2002” to “July 1, 2004”.

The 2005 amendment reenacted and amended the section by deleting “State” preceding “Department of Human Services” in (1); substituting “The activities of each office” for “The activities of each division” in (3)(p); and extending the date of the repealer in the last paragraph from “July 1, 2004” until “July 1, 2009.”

The 2009 amendment extended the date of the repealer for the section by substituting “July 1, 2012” for “July 1, 2009.”

The 2012 amendment deleted former (3)(q) which read: “In order of authority, the twenty (20) highest paid employees in the department receiving an annual salary in excess of Forty Thousand Dollars ($40,000.00), by P.I.N. number, job title, job description and annual salary.”; and extended the repealer provision from “July 1, 2012” to “July 1, 2015” in the last paragraph of (3).

The 2015 amendment extended the repealer provision in the last paragraph of this section from “July 1, 2015” to “July 1, 2019.”

The 2019 amendment extended the date of the repealer for the section by substituting “July 1, 2023” for “July 1, 2019” in the last paragraph.

Cross References —

State Department of Public Welfare and State Board of Public Welfare as meaning Department of Human Services, see §43-1-1.

Adjustment center for the blind, see §§43-3-1 et seq.

Statewide program for aid to the blind, see §§43-3-51 et seq.

Governance and duties with respect to Mississippi Industries for the Blind, see §43-3-103.

Old age assistance program, see §§43-9-1 et seq.

Medical assistance for the aged, see §§43-13-1 et seq.

Medicaid program, see §§43-13-101 et seq.

Child welfare program, see §§43-15-1 et seq.

Aid to dependent children, see §§43-17-1 et seq.

Aid for persons with disabilities, see §§43-29-1 et seq.

RESEARCH REFERENCES

ALR.

Confidentiality of records as to recipients of public welfare. 54 A.L.R.3d 768.

§ 43-1-6. Repealed.

Repealed by its own terms, effective July 1, 2012.

§43-1-6. [Laws, 1989, ch. 544, § 103; Laws, 1992, ch. 585 § 4; reenacted and amended, Laws, 1994 Ex Sess, ch. 22, § 5; Laws, 2001, ch. 599, § 6; Laws, 2002, ch. 573, § 5; reenacted and amended, Laws, 2005, ch. 537, § 5; Laws, 2009, ch. 564, § 5, eff from and after June 30, 2009.]

Editor’s Notes —

Former §43-1-6 provided for the transfer of certain programs within the Division of Federal-State Programs, Office of the Governor, to the Department of Human Services.

§ 43-1-7. Family resource centers; information campaign for low income individuals; telephone hotline for reporting welfare fraud.

  1. The Department of Human Services may establish family resource centers to help families who are receiving or are eligible to receive assistance from government agencies to facilitate their access to services and resources that will lead to increased family independence.
  2. The department shall carry out an intense public information campaign to inform low-income workers, and especially public assistance recipients, of the availability of and application rules for the federal Earned Income Tax Credit (EITC), in order to maximize the refund of federal income tax withheld from those persons. The information campaign shall include publishing and circulating bulletins or notices to recipients of Temporary Assistance for Needy Families (TANF) benefits and other public assistance that publicize and explain the EITC and the criteria for family eligibility for the EITC. The department also shall carry out an intense information campaign to inform employers of the availability of and the criteria for eligibility for the Work Opportunity Tax Credit (WOTC), which offers employers a credit against their federal tax liability for hiring people from certain target groups, including TANF recipients, and to inform employers of the availability of and the criteria for eligibility for the state income tax credit for employers who hire persons receiving TANF benefits as authorized under Section 27-7-22.1.
  3. The department shall establish and maintain a statewide incoming wide area telephone service hot line for the purpose of reporting suspected cases of welfare eligibility fraud, food stamp fraud and Medicaid fraud. The department is authorized, subject to the extent of appropriations available, to offer financial incentives to individuals for reporting such suspected cases of public assistance fraud.
  4. Any applicant for or recipient of TANF benefits or Food Stamps shall be required to agree that, as a condition of eligibility for those benefits, the person will cooperate with the department in determining paternity for the purposes of enforcing child support obligations. The department shall utilize methods and procedures provided for by state or federal law in determining paternity and enforcing child support obligations.

HISTORY: Laws, 1997, ch. 316, § 21, eff from and after passage (approved March 12, 1997).

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

A former §43-1-7 [Codes, 1942, § 7220; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 1983. ch. 504, § 3; repealed by Laws, 1989, ch. 544, § 62, eff from and after July 1, 1989] pertained to the state commissioner of public welfare, his duties, powers and authority.

Section27-7-22.1 referred to in §43-1-7 was repealed by operation of law on January 1, 1999, by Laws of 1997, ch. 316, § 22.

Cross References —

Fraud investigation unit, see §43-1-23.

Temporary Assistance to Needy Families (TANF) program, see §§43-17-1 et seq.

§ 43-1-8. Repealed.

Repealed by Laws, 1994, ch. 582, § 8, eff from and after July 1, 1994.

[Laws, 1993, ch. 614, § 12]

Editor’s Notes —

Former §43-1-8 was entitled: Bulletin advising AFDC recipients and others of federal income tax earned income credits.

§ 43-1-9. County department of public welfare.

There shall be created in each county of the state a county department of public welfare which shall consist of a county director of public welfare, and such other personnel as may be necessary for the efficient performance of the duties of the county department. It shall be the duty of the board of supervisors of each county to provide office space for the county department.

County director. The commissioner shall designate, in accordance with the rules and regulations of the State Personnel Board, with the approval of the Governor, a county director of public welfare who shall serve as the executive and administrative officer of the county department and shall be responsible to the state department for its management. Such director shall be a resident citizen of the county and shall not hold any political office of the state, county, municipality or subdivision thereof. However, in cases of emergency, the commissioner may appoint a director of public welfare who is a nonresident of such county, to serve during the period of emergency only.

The county department of public welfare shall administer within the county all forms of public assistance and welfare services. The county department shall comply with such regulations and submit such reports as may be established or required by the state department. Subject to the approval of the state department, the county department may cooperate with other departments, agencies and institutions, state and local, when so requested, in performing services in conformity with the provisions of this chapter.

In counties having two (2) judicial districts, the state commissioner of public welfare may create and establish in each of the judicial districts a separate county department of public welfare which shall consist of a director of public welfare and such other personnel as may be necessary for the efficient performance of the duties of the department thus established. In such cases the two (2) departments so established shall be dealt with as though each is a separate and distinct county department of public welfare, and each of the departments and each of the directors shall operate and have jurisdiction coextensive with the boundaries of the judicial district in which it is established; and, also, in such cases the words “county” and “director of public welfare” when used in this chapter shall, where applicable, mean each judicial district, and the director of public welfare appointed therefor; and where the board of supervisors is authorized to appropriate funds or provide office space or like assistance for one (1) county welfare department or director, such board may, as the case may be, appropriate the amount specified by law or render the assistance required by law to each of the departments or directors. Provided, however, that the commissioner of public welfare shall not create and establish a separate county department of public welfare pursuant to this paragraph in any county in which such separate county department of public welfare is not in existence on January 1, 1983. Provided further, that in any county having two (2) county departments of public welfare on January 1, 1983, but only one (1) county director of public welfare on said date, the commissioner of public welfare shall not authorize and establish the second position of county director of public welfare in such county.

In any county not having two (2) judicial districts which is greater than fifty (50) miles in length, the commissioner of public welfare may establish one (1) branch office of the county department of public welfare which shall be staffed with existing employees and administrative staff of such county department for not less than four (4) days per week.

HISTORY: Codes, 1942, § 7221; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 1946, ch. 233, § 1; Laws, 1958, ch. 333; Laws, 1958, ch. 538; Laws, 1968, ch. 563, § 1; Laws, 1970, ch. 503, § 2; Laws, 1983, ch. 504, § 4; Laws, 1984, ch. 442, eff from and after July 1, 1984.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Cross References —

State Department of Public Welfare and State Board of Public Welfare as meaning Department of Human Services, see §43-1-1.

Duties of county departments under program for aid to blind persons, see §43-3-61.

Providing protective services under child welfare program, see §43-15-7.

Duties of county departments as to temporary assistance to needy families, see §43-17-9.

Powers and duties of public welfare department with respect to restitution centers, see §99-37-21.

OPINIONS OF THE ATTORNEY GENERAL

Pursuant to Sections 19-9-1, 43-1-9, 43-1-11, a county is authorized to borrow money in an amount not exceeding the limit imposed by Section 17-21-51 for the purpose of erecting a county building to house the local county Department of Human Services. Trapp, February 15, 1995, A.G. Op. #95-0022.

RESEARCH REFERENCES

ALR.

Confidentiality of records as to recipients of public welfare. 54 A.L.R.3d 768.

§ 43-1-10. Repealed.

Repealed by Laws, 1994, ch. 582, § 8, eff from and after July 1, 1994.

[Laws, 1993, ch. 614, § 14]

Editor’s Notes —

Former §43-1-10 was entitled: Telephone service for reporting welfare, food stamp and medicaid fraud; authorization to offer rewards. For present similar provisions, see §43-1-7.

§ 43-1-11. Expenses of county welfare office.

The boards of supervisors of the various counties of this state are hereby authorized and empowered, in their discretion, to expend and appropriate such sums as they deem necessary out of any available county funds for the purpose of providing office space for the local county department of public welfare. This includes, but is not limited to, adequate office space for the efficient conduct of business, as well as providing for payment of electricity, water, gas, maintenance and repair of the building, and janitorial services and supplies.

HISTORY: Codes, 1942, § 7223; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 1948, ch. 407, § 1; Laws, 1956, ch. 187; Laws, 1982, ch. 319, eff from and after October 1, 1982.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Cross References —

State Department of Public Welfare and State Board of Public Welfare as meaning Department of Human Services, see §43-1-1.

OPINIONS OF THE ATTORNEY GENERAL

In event that county chose not to fund or was unable to fund various office expenditures for county department of human services, Mississippi Department of Human Services has responsibility to attempt to find funds to provide those services to office. Chaffin, March 31, 1994, A.G. Op. #94-0139.

Pursuant to Sections 19-9-1, 43-1-9, 43-1-11, a county is authorized to borrow money in an amount not exceeding the limit imposed by Section 17-21-51 for the purpose of erecting a county building to house the local county Department of Human Services. Trapp, February 15, 1995, A.G. Op. #95-0022.

A county board of supervisors may only establish and construct a jail upon land owned by the county itself in fee simple, and may not establish and construct a jail upon land belonging to an economic development district even though the economic development district was created by and is a subdivision of the county. Smith, April 7, 2000, A.G. Op. #2000-1080.

§ 43-1-12. Expenditure of municipal or county funds to support public welfare programs.

The governing authority of any municipality or county in this state is authorized and empowered, in its discretion, to expend such funds as it deems necessary and desirable, from any available funds of the municipality or county, to: (a) match any state, federal or private funds available for any program administered by the State Department of Public Welfare or the county departments of public welfare in this state; and/or (b) make a voluntary contribution to any such program.

HISTORY: Laws, 1989, ch. 407, § 1, eff from and after July 1, 1989.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Cross References —

State Department of Public Welfare and State Board of Public Welfare as meaning Department of Human Services, see §43-1-1.

OPINIONS OF THE ATTORNEY GENERAL

In event that county chose not to fund or was unable to fund various office expenditures for county department of human services, Mississippi Department of Human Services has responsibility to attempt to find funds to provide those services to office. Chaffin, March 31, 1994, A.G. Op. #94-0139.

§ 43-1-13. Political activity.

  1. Except as otherwise provided in subsection (2) of this section, it shall be unlawful for a commissioner or any other employee of the state or county welfare departments to take an active part in any partisan political campaign. For violation of this provision the offending party shall be removed from office and in addition thereto, upon conviction, shall be guilty of a misdemeanor, subject to a fine of not more than Two Hundred Dollars ($200.00).
  2. This section shall not preclude an individual from seeking elective office where the office sought is nonpartisan and is not within the judicial branch of government.

HISTORY: Codes, 1942, § 7222; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 2010, ch. 439, § 1, eff from and after July 7, 2010 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section.).

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

By letter dated July 7, 2010, the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965 to the amendment to this section by Laws of 2010, ch. 439, § 1.

Amendment Notes —

The 2010 amendment in (1), inserted the exception at the beginning and “partisan”; and added (2).

Cross References —

State Department of Public Welfare and State Board of Public Welfare as meaning Department of Human Services, see §43-1-1.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 43-1-15. Office of State Department.

The state capitol commission shall furnish office space for the State Department in the city of Jackson and is authorized to rent suitable quarters in the city in the event there is not sufficient room in one of the state houses. In case it is necessary to rent such quarters, the cost of such rental, janitorial service, fuel and janitor’s supplies shall not be counted in determining the administrative cost limitation of Section 43-9-37, Mississippi Code of 1972.

HISTORY: Codes, 1942, § 7224; Laws, 1936, ch. 175; Laws, 1940, ch. 298.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Cross References —

State Department of Public Welfare and State Board of Public Welfare as meaning Department of Human Services, see §43-1-1.

§ 43-1-17. Cooperation with the federal government.

The state department of public welfare shall cooperate with the federal government, its agencies and instrumentalities, in carrying out the provisions of any federal acts concerning public welfare, and in other matters of mutual concern pertaining to public welfare, including the adoption of such methods of administration as are found by the federal government to be necessary for the efficient operation of plans for public assistance and welfare services in accordance with the provisions of the federal Social Security Act, as amended. It shall also cooperate with other departments, agencies and institutions, federal, state and local or private, when so requested, in performing services in conformity with the provisions of this chapter and Chapter 9 of this title.

HISTORY: Codes, 1942, § 7238; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 1968, ch. 562, § 6, eff from and after passage (approved July 30, 1968).

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Cross References —

State Department of Public Welfare and State Board of Public Welfare as meaning Department of Human Services, see §43-1-1.

Federal Aspects—

Social Security Act generally, see 42 USCS §§ 301 et seq.

RESEARCH REFERENCES

Law Reviews.

Legislator Guilty of Misdemeanor if He Has Direct Interest in Contract Authorized by Legislature. 52 Miss. L. J. 659, September 1982.

§ 43-1-19. Disclosure of records of disbursement and payment of public assistance governed by federal regulations; penalty for violation.

  1. The records of the disbursement of funds or payments to recipients of any and all assistance under programs administered by the state or county departments of human services showing the names of the recipients and the amount of the individual assistance checks shall only be disclosed pursuant to federal regulations regarding disclosure of information for Temporary Assistance for Needy Families (TANF) and Food Stamp Act programs, and federal laws regarding use of electronically exchanged data.
  2. Any person, firm, corporation, association or agency who or which shall violate any of the provisions of this section shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not less than One Hundred Dollars ($100.00) nor more than Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail for not more than ninety (90) days, or by both such fine and imprisonment in the discretion of the court.

HISTORY: Codes, 1942, § 7219.5; Laws, 1952, ch. 388, § 2; Laws, 1994, ch. 451, § 1; Laws, 1997, ch. 316, § 16, eff from and after passage (approved March 12, 1997).

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in subsection (2) of this section. The words “Any person, firm, corporation, association of agency” have been changed to “Any person, firm, corporation, association or agency.” The Joint Committee ratified the correction at its June 29, 2000 meeting.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Cross References —

State Department of Public Welfare and State Board of Public Welfare as meaning Department of Human Services, see §43-1-1.

Temporary Assistance to Needy Families (TANF) program, see §§43-17-1 et seq.

Federal Aspects—

Federal Food Stamp Act, see 7 USCS §§ 2011 et seq.

§ 43-1-21. Disposal of abandoned applications, closed case files, and the like.

The state board of public welfare may, in its discretion, destroy or cause to be destroyed, or otherwise disposed of, any and all abandoned applications, closed case files, communications, information, memoranda, records, reports, paid checks, and files, in the office of the state department of public welfare when and as they become three (3) or more completed fiscal years old and which, in the opinion of the state board of public welfare, are no longer useful or necessary.

HISTORY: Laws, 1948, ch. 404; Laws, 1964, ch. 445.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

The State Attorney General, pursuant to authority granted by Laws of 1972, ch. 394, § 5, on September 25, 1973, directed that Chapter 404 of the Laws of 1948, as amended by Chapter 445 of the Laws of 1964, be inserted into the Code of 1972.

Cross References —

State Department of Public Welfare and State Board of Public Welfare as meaning Department of Human Services, see §43-1-1.

§ 43-1-23. Fraud investigation unit; duties; staff; assistance from and to other agencies; issuance of subpoenas.

  1. There is created within the State Department of Human Services a separate administrative unit to be known as the “Fraud Investigation Unit.” The Fraud Investigation Unit shall be headed by a director appointed by the Executive Director of the department. The Director of the Fraud Investigation Unit shall be a person who is knowledgeable in the programs administered by the department. The Fraud Investigation Unit shall be responsible for:
    1. Conducting investigations for the purpose of aiding the department in the detection of and verification of the perpetration of fraud or abuse of any program by any client, any vendor of services with whom the department has contracted or any employee of the department, and for the aiding of the department in the recoupment of any funds owed to the department as a result of fraud or abuse;
    2. The notification and forwarding of any information relevant to possible criminal violations to the appropriate prosecuting authority and assisting in the prosecution of any case referred to a prosecutor, if requested; and
    3. Such other duties as prescribed in regulations of the department.
  2. The Fraud Investigation Unit is authorized to employ such other investigative, technical, secretarial and support staff as may be necessary.
  3. In order to carry out the responsibilities of the Fraud Investigation Unit, the investigators may request and receive assistance from all state and local agencies, boards, commissions, and bureaus including, without limitation, the State Tax Commission, the Department of Public Safety, and all public and private agencies maintaining data banks, criminal or other records that would enable the investigators to make verification of fraud or abuse in violation of state or federal statutes. All records and information shall be confidential and shall be available only to the Fraud Investigation Unit, district or county attorneys, the Attorney General, and courts having jurisdiction in criminal proceedings.
  4. The department is authorized to enter into contracts with other agencies administering aid or benefits or services under any state or federally funded assistance program which need the assistance of the department’s Fraud Investigation Unit.
  5. To accomplish the objectives and to carry out the duties prescribed in this section, the executive director, or his designee, in addition to the powers conferred by this section, may issue subpoenas with the approval of, and returnable to, a judge of the circuit, county or chancery court, in termtime or in vacation, to examine the records, documents or other evidence of persons, firms, corporations or any other entities insofar as such records, documents or other evidence relate to dealings material to an investigation.

HISTORY: Laws, 1981, ch. 530, § 2; Laws, 1994, ch. 582, § 7; Laws, 1999, ch. 440, § 1, eff from and after July 1, 1999.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Section 27-3-4 provides that the terms “ ‘Mississippi State Tax Commission,’ ‘State Tax Commission,’ “Tax Commission’ and ‘commission’ appearing in the laws of this state in connection with the performance of the duties and functions by the Mississippi State Tax Commission, the State Tax Commission or Tax Commission shall mean the Department of Revenue.”

Cross References —

State Department of Public Welfare and State Board of Public Welfare as meaning Department of Human Services, see §43-1-1.

Telephone hotline for reporting welfare fraud, see §43-1-7.

Crime of fraud in connection with state or federally funded assistance programs, see §97-19-71.

RESEARCH REFERENCES

ALR.

Fraud: criminal prosecution or disciplinary action against medical practitioner for fraud in connection with claims under Medicaid, Medicare or similar welfare program for providing medical services. 50 A.L.R.3d 549.

Am. Jur.

32 Am. Jur. 2d, False Pretenses §§ 77-79.

79 Am. Jur. 2d, Welfare Laws §§ 111, 112.

§ 43-1-25. Assistant prosecutors for prosecution of fraud in connection with assistance programs; investigation and prosecution costs to be subsidized.

All political subdivisions of the state, or combinations of political subdivisions, are authorized to employ assistant prosecutors to prosecute for the crimes under Section 97-19-71 and the state department of public welfare is authorized to contract with any political subdivision to subsidize payment for the reasonable and necessary cost of prosecutions and investigations in any program where federal matching funds are available.

HISTORY: Laws, 1981, ch. 530, § 3, eff from and after July 1, 1981.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Cross References —

State Department of Public Welfare and State Board of Public Welfare as meaning Department of Human Services, see §43-1-1.

RESEARCH REFERENCES

ALR.

Fraud: criminal prosecution or disciplinary action against medical practitioner for fraud in connection with claims under Medicaid, Medicare or similar welfare program for providing medical services. 50 A.L.R.3d 549.

Am. Jur.

32 Am. Jur. 2d, False Pretenses §§ 77-79.

79 Am. Jur. 2d, Welfare Laws §§ 111-112.

§ 43-1-27. Action maintainable by department of public welfare to recover benefits wrongfully obtained; attorney’s fees; evidence.

  1. Any sums paid to or on behalf of any person, entity or subgrantee or the value of any aid or benefit or services obtained or received under any state or federally funded assistance program as a result of any false statement, misrepresentation, concealment of a material fact, failure to disclose assets, or by whatever means, becomes a debt due to the state department of public welfare. The amount of value of any assistance shall be recoverable from the recipient or his estate in a civil action brought in the name of the state department of public welfare pursuant to this section. In the event such action is brought, the department shall be entitled to recover, in addition to the amount of assistance, a reasonable amount of attorney’s fees and its cost incurred therein. Where an attorney from the county attorney’s office represents the department in such action, the attorney’s fee awarded shall be for the use and benefit of that particular office and shall be forwarded to that office upon receipt by the department.
  2. In any civil action for the recovery of the amount of value of any aid or benefits or services improperly paid to the recipient, proof that a conviction or guilty plea on a misdemeanor or felony charge under Section 97-19-71 shall be deemed prima facie evidence that such assistance was improperly obtained under the provision of this section.
  3. Repayment of the assistance improperly obtained pursuant to this section shall not constitute a defense to or ground of dismissal of criminal charges brought under Section 97-19-71.

    For purposes of this and other related sections, any food stamp and coupons issued under a food stamp plan administered by the state department of public welfare shall conclusively be the property of the State of Mississippi.

HISTORY: Laws, 1983, ch. 408, §§ 1-4, eff from and after passage (approved March 25, 1983).

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Cross References —

State Department of Public Welfare and State Board of Public Welfare as meaning Department of Human Services, see §43-1-1.

RESEARCH REFERENCES

ALR.

Violations and enforcement of Food Stamp Act of 1964 (7 USCS §§ 2011 et seq.) 120 A.L.R. Fed. 331.

§ 43-1-28. Online electronic benefit transfer (EBT) system for food stamps; pilot project; federal approval and funding.

  1. The Department of Human Services shall develop an online electronic benefit transfer (EBT) system for the food stamp program in Mississippi as an alternative to issuing food stamp coupons. The EBT system developed by the department under this section shall (a) provide that food stamp benefits are stored in and issued from a central computer data base and are electronically accessed by households at the point of sale through the use of reusable magnetic-stripe plastic cards; and (b) meet all requirements and standards specified in 7 USCS Section 2016(i) and the rules and regulations issued under that provision for approval by the Secretary of the United States Department of Agriculture.
  2. The department shall develop the EBT system and shall submit an application to the Secretary of the United States Department of Agriculture for approval of the system. After the EBT system has been approved, the department shall implement and operate the system as a pilot project in a county selected by the department. After the pilot project has been evaluated and approved by the United States Department of Agriculture, and subject to the availability of funds specifically appropriated therefor, the system may be expanded statewide at a rate determined by the Executive Director of the Department of Human Services. The system shall be expanded and implemented statewide not later than October 1, 2002.
  3. The department shall seek to obtain the maximum amount of federal financial participation available to fund the cost of administering the EBT system.
  4. The Department of Human Services may develop an on-line electronic benefit transfer (EBT) system for the Temporary Assistance for Needy Families (TANF) program in Mississippi as an alternative to issuing cash or voucher payments. The EBT system developed by the department under this section shall (a) provide that TANF benefits are stored in and issued from a central computer data base and are electronically accessed; and (b) meet all requirements and standards specified in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193), and the rules and regulations issued under that act. The department shall seek to obtain the maximum amount of federal financial participation available to fund the cost of administering the EBT system for TANF payments.
  5. In order to facilitate the acquisition and deployment of EBT products and services in Mississippi, the Department of Human Services (DHS) and the Mississippi Department of Information Technology Services (MDITS), at their discretion, may utilize EBT agreements from other states and/or multistate coalition agreements that allow other states to acquire EBT products and services. After going through the approved ITS bidding process and the state is unable to acquire an EBT contract, DHS and ITS may negotiate an EBT contract with any vendor who meets DHS and ITS, EBT requirements.

HISTORY: Laws, 1993, ch. 383, § 1; Laws, 1994, ch. 374, § 1; Laws, 1997, ch. 316, § 19; Laws, 1999, ch. 324, § 1; Laws, 2000, ch. 494, § 1; Laws, 2001, ch. 338, § 1, eff from and after passage (approved Mar. 11, 2001.).

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Cross References —

Temporary Assistance to Needy Families (TANF) program, see §§43-17-1 et seq.

RESEARCH REFERENCES

ALR.

Construction and application of Food Stamp Act of 1964 (7 USCS §§ 2011 et seq.) establishing food stamp program. 13 A.L.R. Fed. 369.

Am. Jur.

79 Am. Jur. 2d, Welfare Laws §§ 27-29.

§ 43-1-29. Offline electronic benefit transfer (EBT) system for food stamps; demonstration project; federal approval and funding.

  1. The Department of Human Services shall develop an offline electronic benefit transfer (EBT) system for the food stamp program in Mississippi as an alternative to issuing food stamp coupons. The EBT system developed by the department under this section shall (a) provide that food stamp benefits are encoded on computer microchips embedded in reusable plastic cards (intelligent benefit cards) and are electronically accessed by households at the point of sale through the use of such cards; and (b) meet all requirements and standards specified in 7 USCS Section 2026(f) and the rules and regulations issued under that provision for approval by the Secretary of the United States Department of Agriculture as a demonstration project.
  2. The department shall finish development of the EBT system no later than November 1, 1993, and shall submit an application to the Secretary of the United States Department of Agriculture for approval to operate the system as a demonstration project. If the EBT system is approved as a demonstration project, the department shall implement and operate the system in one (1) county selected by the department. After the demonstration project has been in operation for one (1) year, the department shall evaluate the EBT system and report to the Legislature on the operation of the system.
  3. The department shall seek to obtain the maximum amount of federal financial participation available to fund the cost of administering the EBT system.

HISTORY: Laws, 1993, ch. 383, § 2, eff from and after July 1, 1993.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

RESEARCH REFERENCES

ALR.

Construction and application of Food Stamp Act of 1964 (7 USCS §§ 2011 et seq.) establishing food stamp program. 13 A.L.R. Fed. 369.

Am. Jur.

79 Am. Jur. 2d, Welfare Laws §§ 27-29.

§ 43-1-29.1. Department of Human Services authorized to develop pilot program to track usage of Supplemental Nutritional Assistance Program benefits.

The Department of Human Services, is authorized, in its discretion, to develop a pilot program to track recipients of assistance under the Supplemental Nutritional Assistance Program (SNAP), formerly known as the Food Stamp Program.The tracking pilot program, if established, shall:

Track the recipients’ usage of SNAP benefits from the time they first receive the benefits, the length of time that they receive the benefits, when they terminate participation in the SNAP program, and patterns of usage while receiving the benefits.

Follow the recipients after termination of participation in the SNAP program, to the extent feasible, to attempt to discover the paths that they take after leaving the SNAP program and the patterns of return to the SNAP program, including the factors that may influence these paths and patterns.

On or before December 1 of each year, the Department of Human Services shall provide summaries of the information obtained under the tracking pilot program during the previous fiscal year to the Speaker of the House of Representatives, the Lieutenant Governor, and the Chairmen of the House Public Health and Human Services Committee, the Senate Public Health and Welfare Committee, the House Medicaid Committee and the House Select Committee on Poverty, and shall provide more detailed information to any of those persons upon request.

HISTORY: Laws, 2010, ch. 469, § 1, eff from and after July 1, 2010.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in this section’s subsection designations by deleting the subsection (1) designation from the introductory paragraph. The Joint Committee ratified the correction at its August 17, 2015, meeting.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

§ 43-1-30. Mississippi TANF Implementation Council [Repealed effective July 1, 2023].

  1. There is created the Mississippi TANF Implementation Council. It shall serve as the independent, single state advisory and review council for assuring Mississippi’s compliance with the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193), as amended. The council shall further cooperation between government, education and the private sector in meeting the needs of the TANF program. It shall also further cooperation between the business and labor communities, education and training delivery systems, and between businesses in developing highly skilled workers for high skill, high paying jobs in Mississippi.
  2. The council shall be comprised of thirteen (13) public members and certain ex officio nonvoting members. All public members of the council shall be appointed as follows by the Governor:

    Ten (10) members shall be representatives from business and industry, provided that no fewer than five (5) members are from the manufacturing and industry sector who are also serving as members of private industry councils established within the state, and one (1) member may be a representative of a nonprofit organization. Three (3) members shall be recipients or former recipients of TANF assistance appointed from the state at large.

    The ex officio nonvoting members of the council shall consist of the following, or their designees:

    1. The Executive Director of the Mississippi Department of Human Services;
    2. The Executive Director of the Mississippi Department of Employment Security;
    3. The Executive Director of the Mississippi Development Authority;
    4. The State Superintendent of Public Education;
    5. The Director of the Mississippi Community College Board;
    6. The Executive Director of the Division of Medicaid;
    7. The Commissioner of the Mississippi Department of Corrections; and
    8. The Director of the Mississippi Cooperative Extension Service.
  3. The Governor shall designate one (1) public member to serve as chairman of the council for a term of two (2) years and until a successor as chairman is appointed and qualified.
  4. The term of office for public members appointed by the Governor shall be four (4) years and until their successors are appointed and qualified.
  5. Any vacancy shall be filled for the unexpired term by the Governor in the manner of the original appointment, unless otherwise specified in this section.
  6. Public members shall receive a per diem as authorized in Section 25-3-69, for each day actually engaged in meetings of the council, and shall be reimbursed for mileage and necessary expenses incurred in the performance of their duties, as provided in Section 25-3-41.
  7. The council shall:
    1. Annually review and recommend policies and programs to the Governor and the Legislature that will implement and meet federal requirements under the TANF program.
    2. Annually review and recommend policies and programs to the Governor and to the Legislature that will enable citizens of Mississippi to acquire the skills necessary to maximize their economic self-sufficiency.
    3. Review the provision of services and the use of funds and resources under the TANF program, and under all state-financed job training and job retraining programs, and advise the Governor and the Legislature on methods of coordinating such provision of services and use of funds and resources consistent with the laws and regulations governing such programs.
    4. Assist in developing outcome and output measures to measure the success of the Department of Human Services’ efforts in implementing the TANF program. These recommendations shall be made to the Department of Human Services at such times as required in the event that the department implements new programs to comply with the TANF program requirements.
    5. Collaborate with the Mississippi Development Authority, local planning and development districts and local industrial development boards, and shall develop an economic development plan for the creation of manufacturing jobs in each of the counties in the state that has an unemployment rate of ten percent (10%) or more, which shall include, but not be limited to, procedures for business development, entrepreneurship and financial and technical assistance.
  8. A majority of the members of the council shall constitute a quorum for the conduct of meetings and all actions of the council shall be by a majority of the members present at a meeting.
  9. The council shall adopt rules and regulations as it deems necessary to carry out its responsibilities under this section and under applicable federal human resources programs.
  10. The council may make and enter into contracts and interagency agreements as may be necessary and proper.
  11. The council is authorized to commit and expend monies appropriated to it by the Legislature for its authorized purposes. The council is authorized to solicit, accept and expend public and private gifts, grants, awards and contributions related to furtherance of its statutory duties.
  12. Funds for the operations of the council shall be derived from federal funds for the operation of state councils pursuant to applicable federal human resources programs and from such other monies appropriated to it by the Legislature.

HISTORY: Laws, 1993, ch. 614, § 13; Laws, 1997, ch. 316, § 20; Laws, 2004, ch. 572, § 48; reenacted without change, Laws, 2008, 1st Ex Sess, ch. 30, § 48; reenacted without change, Laws, 2010, ch. 559, § 48; reenacted without change, Laws, 2011, ch. 471, § 49; reenacted without change, Laws, 2012, ch. 515, § 49; Laws, 2014, ch. 397, § 58, eff from and after July 1, 2014; reenacted without change, Laws, 2019, ch. 451, § 48, eff from and after passage (approved April 3, 2019).

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Laws of 2004, ch. 572, § 60, as amended by Laws of 2008, 1st Ex Sess, ch. 30, § 58, as amended by Laws of 2010, ch. 559, § 58, as amended by Laws of 2011, ch. 471, § 59, and as amended by Laws of 2012, ch. 515, § 58, provides:

“SECTION 60. This act shall stand repealed on July 1, 2019.”

This section was reenacted without change by Laws of 2019, ch. 451, § 48, effective from and after April 3, 2019. Since the language of the section as it appears in the main volume is unaffected by the reenactment, it is not reprinted in this supplement.

Laws of 2004, ch. 572, § 60, as amended by Laws of 2008, 1st Ex Sess, ch. 30, § 58, as amended by Laws of 2010, ch. 559, § 58, as amended by Laws of 2011, ch. 471, § 59, as amended by Laws of 2012, ch. 515, § 58, and as amended by Laws of 2019, ch. 451, § 58, provides:

“SECTION 60. This act shall stand repealed on July 1, 2023.”

Amendment Notes —

The 2004 amendment substituted “Mississippi Department of Employment Security” for “Mississippi Employment Security Commission” in (2)(b); “Mississippi Development Authority” for “Mississippi Department of Economic and Community Development” in (2)(c); inserted “Public” in (2)(d); and substituted “Mississippi Development Authority” for “Department of Economic and Community development” in (7)(e).

The 2008 amendment, (1st Ex Sess) reenacted the section without change.

The 2010 amendment reenacted the section without change.

The 2011 amendment reenacted the section without change.

The 2012 amendment reenacted the section without change.

The 2014 amendment substituted “Mississippi Community College Board” for “State Board for Community and Junior Colleges” in (2)(e).

The 2019 amendment, effective April 3, 2019, reenacted the section without change.

Cross References —

Temporary Assistance to Needy Families (TANF) program, see §§43-17-1 et seq.

Mandatory State Supplemental Payments to Aged, Blind and Disabled Persons

§ 43-1-31. Purpose of law; contracts with, and payment by, federal authority.

The purpose of Sections 43-1-31 through 43-1-37 is to provide that this state shall be eligible for medicaid payments pursuant to Title XIX of the federal Social Security Act with respect to expenditures for any quarter beginning after December 1973. The state department of public welfare shall negotiate an agreement with the secretary of health, education and welfare which shall provide that this state will provide to aged, blind and disabled individuals residing in this state, who for the month of December 1973 were eligible to receive and were recipients of aid or assistance under this state’s plan approved under Titles I, X and XIV, mandatory state supplementary payments for each month beginning with January 1974, pursuant to Title XVI of the federal Social Security Act, in an amount determined in accordance with section 3(1) in order to maintain income levels equal to that of December 1973.

From and after July 1, 1974, mandatory state supplementary payments herein provided for shall be made by the appropriate federal authority, and the state department of public welfare is hereby directed to enter into contract with such federal authority to provide therefor.

HISTORY: Laws, 1974, ch. 301, § 1, eff from and after passage (approved January 29, 1974).

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Cross References —

State Department of Public Welfare and State Board of Public Welfare as meaning Department of Human Services, see §43-1-1.

Assistance to the blind generally, see §§43-3-51 et seq.

Old age assistance generally, see §§43-9-1 et seq.

Persons with disabilities, see §§43-29-1 et seq.

Federal Aspects—

Title I of the Social Security Act appears as 42 USCS §§ 301 et seq.

Title X of the Social Security Act appears as 42 USCS §§ 1201 et seq.

Title XIV of the Social Security Act appears as 42 USCS §§ 1351 et seq.

Title XIX of the Social Security Act appears as 42 USCS §§ 1396 et seq.

RESEARCH REFERENCES

ALR.

Reimbursement of public for financial assistance to aged persons. 29 A.L.R.2d 731.

Requisite residence for purpose of old age assistance. 43 A.L.R.2d 1427.

Am. Jur.

79 Am. Jur. 2d, Welfare Laws §§ 33 et seq.

Lawyers’ Edition.

Constitutionality of state welfare programs, including those which are federally assisted. 25 L. Ed. 2d 907.

§ 43-1-33. Definitions.

As used in Sections 43-1-31 through 43-1-37:

“Aged, blind or disabled individual” shall mean any individual who would be so defined in section 1614(a) of the federal Social Security Act.

“December 1973 income” shall mean an amount equal to the aggregate of:

the amount of the aid or assistance in the form of money payments which such individual would have received, including any part of such amount which is attributable to meeting “special needs” or “special circumstances” as defined in Public Law 93-66, under a plan approved under Title I, X or XIV of the Social Security Act, if the terms and conditions of such plan relating to eligibility for and amount of such aid or assistance payable thereunder were for the month of December 1973 the same as those in effect under such plan for the month of June 1973, and

the amount of the income of such individual other than the aid or assistance described in subparagraph (i) received by such individual in December 1973, minus any such income which did not result, but which if properly reported would have resulted in a reduction in the amount of such aid or assistance.

HISTORY: Laws, 1974, ch. 301, § 2, eff from and after passage (approved January 29, 1974).

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Cross References —

State Department of Public Welfare and State Board of Public Welfare as meaning Department of Human Services, see §43-1-1.

Federal Aspects—

Titles I, X, and XIV appear as 42 USCS §§ 301 et seq., 42 USCS §§ 1201 et seq. and 42 USCS §§ 1351 et seq., respectively.

Section 16149a) of the Social Security Act appears as 42 USCS 1382c.

§ 43-1-35. Amount of payments.

  1. The amount of the mandatory state supplementary payment in the case of any eligible individual or couple for any month shall be equal to the amount by which such individual’s or couple’s December 1973 income (as defined in Section 43-1-33) exceeds the amount to which such individual or couple is entitled under Title XVI for such month and the amount of any income of such individual for such month.
  2. If for any month after December 1973 there is a change with respect to any special need or special circumstance as defined in Section 43-1-33(b)(i) which, if such change had existed in December 1973, would have caused a reduction in the amount of such individual’s aid or assistance payment; then, for such month and for each month thereafter, the amount of the mandatory minimum state supplementary payment payable to such individual may be reduced by an amount by which the payment would have been reduced by reason of such change.

HISTORY: Laws, 1974, ch. 301, § 3, eff from and after passage (approved January 29, 1974).

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in an internal reference in subsection (2) by substituting “Section 43-1-33(b)(i)” for “Section 43-1-33(i).” The Joint Committee ratified the correction at its August 17, 2015, meeting.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Cross References —

State Department of Public Welfare and State Board of Public Welfare as meaning Department of Human Services, see §43-1-1.

Federal Aspects—

Title XVI of the Social Security Act appears as 42 USCS §§ 1381 et seq.

§ 43-1-37. When person becomes ineligible to receive payments.

An individual eligible for mandatory state supplementary payments from the state beginning in January 1974 shall not be eligible for such payments:

the next succeeding month after the individual dies, or

the next succeeding month after such individual ceases to be an aged, blind or disabled individual, or

during any entire month in which such individual is not a resident of this state, or

the next succeeding month after such individual’s benefits under Title XVI, together with other income, equal or exceed such individual’s December 1973 income as herein defined.

HISTORY: Laws, 1974, ch. 301, § 4, eff from and after passage (approved January 29, 1974).

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Cross References —

State Department of Public Welfare and State Board of Public Welfare as meaning Department of Human Services, see §43-1-1.

Federal Aspects—

Title XVI of the Social Security Act appears on 42 USCS §§ 1381 et seq.

RESEARCH REFERENCES

ALR.

Requisite residence for purpose of old age assistance. 43 A.L.R.2d 1427.

CJS.

81 C.J.S., Social Security and Public Welfare §§ 188, 195.

Division of Family and Children’s Services

§ 43-1-51. Creation of division; areas of responsibility.

There is hereby created within the Department of Human Services a single and separate Division of Family and Children’s Services. The division shall be responsible for the development, execution and provision of services in the following areas: (a) protective services for children; (b) foster care; (c) adoption services; (d) special services; (e) interstate compact; (f) licensure; and (g) such services as may be designated by the board. Employees working within the division shall be limited to work within the areas of service enumerated herein. Services enumerated under Section 43-15-13 et seq. for the foster care program shall be provided by qualified staff with appropriate case loads.

HISTORY: Laws, 1986, ch. 500, § 36; Laws, 1989, ch. 544, § 65; Laws, 1998, ch. 516, § 1; Laws, 2008, ch. 541, § 3, eff from and after July 1, 2008.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Laws of 2009, ch. 555, § 1 provides:

“SECTION 1. (1) There is created a joint legislative study committee to establish measurable goals and benchmarks for the State of Mississippi relating to children and family issues. The committee shall make recommendations on all aspects of family services with an emphasis on government assistance, child care, promoting educational enhancement, unemployment, youth involvement and crime deterrence, crisis intervention and reducing disparities in education, income and availability of health care. The committee shall, at a minimum, study and report to the 2010 Regular Session of the Legislature on whether the state should implement the following proposals:

“(a) Develop initiatives to combat juvenile disciplinary problems;

“(b) Gather information about current funding and services for children’s services, by creating a children’s budget and a report card to provide a comprehensive glance of total funding by age and level and type of services provided;

“(c) Coordinate funds and programs to minimize duplication and maximize the return on investments in children and youth programs;

“(d) Develop ‘a positive youth development approach’ that sets clear direction and provides a vision for policymakers;

“(e) Create small group homes and community-based programs aimed at shutting down and phasing out large juvenile institutions;

“(f) Create one (1) group home in each congressional district; and

“(g) Create a statewide youth advisory council, to get youth involved in the government process and community involvement.

“The joint committee shall make a report of its findings and recommendations to the Legislature during the first week of the 2010 Regular Session, including any recommended legislation.

“(2) The joint committee shall be composed of the following eleven (11) members:

“(a) The Chairman of the House Public Health and Human Services Committee, or his designee, and the Chairman of the Senate Public Health and Welfare Committee, or his designee;

“(b) Two (2) senators to be appointed by the Lieutenant Governor;

“(c) Two (2) representatives to be appointed by the Speaker of the House; and

“(d) Five (5) members to be appointed by the Governor of the State of Mississippi, who shall consist of state health agency heads, executive directors and other health-related officials.

“(3) Appointments shall be made within thirty (30) days after the effective date of this act. The joint committee shall hold its first meeting before August 1, 2009. The Chairman of the House Public Health and Human Services Committee, or his designee, and the Chairman of the Senate Public Health and Welfare Committee, or his designee, shall serve as cochairmen of the committee.

“(4) A majority of the members of the committee shall constitute a quorum. In the adoption of the rules, resolutions and reports, an affirmative vote of a majority of the members shall be required. All members shall be notified in writing of all meetings, such notices shall be mailed at least five (5) days prior to the date on which a meeting is to be held.

“(5) Members of the committee shall receive the customary per diem compensation, expense reimbursement and mileage for attending committee meetings when the Legislature is not in session.

“(6) The committee is authorized to accept funds from any source, public or private, to be expended in the implementing of its duties under this section.

“(7) To effectuate the purposes of this section, any department, division, board, bureau, committee or agency of the state or any political subdivision thereof, shall, at the request of the cochairmen of the committee, provide such facilities, assistance and data as will enable the committee to properly carry out its duties.”

Section 43-26-1, enacted by Chapter 494, Laws of 2016, effective May 13, 2016, provides that from and after July 1, 2018, the programs and services provided by the Office of Family and Children’s Services of the Department of Human Services under this section will be provided by the Department of Child Protection Services.

Amendment Notes —

The 2008 amendment deleted “and adults” following “services for children” at the end of (a).

Cross References —

State Department of Public Welfare and State Board of Public Welfare as meaning Department of Human Services, see §43-1-1.

JUDICIAL DECISIONS

1. Sovereign immunity.

In a 42 U.S.S.C. § 1983 case in which a mother sued the Mississippi Department of Human Services’ Division of Family and Children Services (FCS) for removing her child from her custody pursuant to a court order, the Eleventh Amendment shielded FCS and its workers, in their official capacities, from suit because FCS was an arm of the state, having been created within the Mississippi Department of Human Services (MDHS) and being mandated to be formed at each level of the MDHS by Miss. Code Ann. §§43-1-51,43-1-53. Stewart v. Jackson County, 2008 U.S. Dist. LEXIS 95207 (S.D. Miss. Oct. 24, 2008), in part, 2009 U.S. Dist. LEXIS 2952 (S.D. Miss. Jan. 14, 2009), aff'd, 369 Fed. Appx. 593, 2010 U.S. App. LEXIS 5393 (5th Cir. Miss. 2010).

RESEARCH REFERENCES

Am. Jur.

79 Am. Jur. 2d, Welfare Laws §§ 62-79.

CJS.

81 C.J.S., Social Security and Public Welfare §§ 206-226.

§ 43-1-53. Organization of division; qualifications of director.

  1. The Division of Family and Children’s Services shall be formed at each level of the Department of Human Services, including state, regional and county levels. The Executive Director of the Department of Human Services shall appoint and employ a director for the division who shall have a Master’s Degree in a field related to children’s services. In addition, he shall have no less than three (3) years’ experience in the field of service to children. In lieu of such degree and experience, he shall have a minimum of ten (10) years’ actual experience in the field of children’s services.
  2. The state office of the Division of Family and Children’s Services shall develop policy, provide training and oversee the implementation of services. The director shall establish such planning and policy councils as may be necessary to carry out these functions.
  3. The regional office of the Division of Family and Children’s Services shall consist of a regional services director and a crisis intervention team to be dispatched on a case-by-case basis by the regional services director. From and after July 1, 1998, the Department of Human Services shall at a minimum employ and assign to the Division of Family and Children’s Services two (2) additional regional services directors for supervision of the foster care program.
  4. Area offices. Each region shall be divided into three (3) areas, each of which shall have two (2) supervisors and direct service workers deployed at the county level, but not limited in jurisdiction to that county.
  5. Counties. The area supervisors shall assign service workers so that every county has an appropriate access point for all services.

HISTORY: Laws, 1986, ch. 500, § 37; Laws, 1989, ch. 544, § 66; Laws, 1998, ch. 516, § 2, eff from and after passage (approved March 31, 1998).

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Cross References —

State Department of Public Welfare and State Board of Public Welfare as meaning Department of Human Services, see §43-1-1.

JUDICIAL DECISIONS

1. Sovereign immunity.

In a 42 U.S.S.C. § 1983 case in which a mother sued the Mississippi Department of Human Services’ Division of Family and Children Services (FCS) for removing her child from her custody pursuant to a court order, the Eleventh Amendment shielded FCS and its workers, in their official capacities, from suit because FCS was an arm of the state, having been created within the Mississippi Department of Human Services (MDHS) and being mandated to be formed at each level of the MDHS by Miss. Code Ann. §§43-1-51,43-1-53. Stewart v. Jackson County, 2008 U.S. Dist. LEXIS 95207 (S.D. Miss. Oct. 24, 2008), in part, 2009 U.S. Dist. LEXIS 2952 (S.D. Miss. Jan. 14, 2009), aff'd, 369 Fed. Appx. 593, 2010 U.S. App. LEXIS 5393 (5th Cir. Miss. 2010).

RESEARCH REFERENCES

Am. Jur.

79 Am. Jur. 2d, Welfare Laws §§ 62-79.

CJS.

81 C.J.S., Social Security and Public Welfare §§ 206-226.

§ 43-1-55. Standards for employment and service delivery; Training and Testing Advisory Council created; duties; membership; meetings; chairperson; quorum [Repealed effective July 1, 2019].

  1. The Office of Family and Children’s Services and the Division of Aging and Adult Services shall devise formal standards for employment as a family protection worker and as a family protection specialist within their respective offices and for service delivery designed to measure the quality of services delivered to clients, as well as the timeliness of services. Each family protection worker and family protection specialist shall be assessed annually by a supervisor who is a licensed social worker who is knowledgeable in the standards promulgated. The standards devised by each office shall be applicable to all family protection workers and family protection specialists working under that office.
  2. The Office of Family and Children’s Services shall devise formal standards for family protection workers of the Department of Human Services who are not licensed social workers. Those standards shall require that:
    1. In order to be employed as a family protection worker, a person must have a bachelor’s degree in either psychology, sociology, nursing, family studies, or a related field, or a graduate degree in either psychology, sociology, nursing, criminal justice, counseling, marriage and family therapy or a related field. The determination of what is a related field shall be made by certification of the State Personnel Board; and
    2. Before a person may provide services as a family protection worker, the person shall complete four (4) weeks of intensive training provided by the training unit of the Office of Family and Children’s Services, and shall take and receive a passing score on the certification test administered by the training unit upon completion of the four-week training. Upon receiving a passing score on the certification test, the person shall be certified as a family protection worker by the Department of Human Services. Any person who does not receive a passing score on the certification test shall not be employed or maintain employment as a family protection worker for the department. Further, a person, qualified as a family protection worker through the procedures set forth above, shall not conduct forensic interviews of children until the worker receives additional specialized training in child forensic interview protocols and techniques by a course or curriculum approved by the Department of Human Services to be not less than forty (40) hours.
  3. For the purpose of providing services in child abuse or neglect cases, youth court proceedings, vulnerable adults cases, and such other cases as designated by the Executive Director of Human Services, the caseworker or service provider shall be a family protection specialist or a family protection worker whose work is overseen by a family protection specialist who is a licensed social worker.
  4. The Department of Human Services and the Office of Family and Children’s Services shall seek to employ and use family protection specialists to provide the services of the office, and may employ and use family protection workers to provide those services only in counties in which there is not a sufficient number of family protection specialists to adequately provide those services in the county.
    1. There is created a Training and Testing Advisory Council to review the department’s program of training and testing of family protection workers and to make recommendations pertaining to the program to the department. The advisory council shall be composed of the following ten (10) members: two (2) employees of the department appointed by the Executive Director of Human Services, including one (1) representative of the Office of Family and Children’s Services and one (1) representative of the Division of Aging and Adult Services; the Chairman of the Consortium of Accredited Schools of Social Work in Mississippi; and the executive director or a board member of a professional association or licensing board for each field of study named in subsection (2)(a) of this section, as follows: the Mississippi Chapter of the National Association of Social Workers; a marriage and family therapist who is a member of the Board of Examiners for Social Workers and Marriage and Family Therapists, to be selected by the four (4) members of the board of examiners who are marriage and family therapists; the Mississippi Nurses Association; the Mississippi Prosecutors Association; the Mississippi Counseling Association; the Mississippi Psychological Association; and an officer of the Alabama-Mississippi Sociological Association who is a Mississippi resident elected by the executive committee of the association. The executive director of each association (excluding the Alabama-Mississippi Sociological Association) and chairman of the consortium may designate an alternate member to serve in his stead on the advisory council. Members of the advisory council shall serve without salary or per diem.
    2. A majority of the advisory council members shall select from their membership a chairperson to preside over meetings and a vice chairperson to preside in the absence of the chairperson or when the chairperson is excused. The advisory council shall adopt procedures governing the manner of conducting its business. A majority of the members shall constitute a quorum to do business.
  5. This section and Section 43-27-107, Mississippi Code of 1972, shall stand repealed on July 1, 2019.

HISTORY: Laws, 1986, ch. 500, § 38; Laws, 2004, ch. 489, § 1; Laws, 2006, ch. 589, § 2; Laws, 2006, ch. 600, § 1; Laws, 2009, ch. 364, § 1; Laws, 2010, ch. 461, § 1; Laws, 2012, ch. 470, § 6; Laws, 2015, ch. 403, § 5, eff from and after July 1, 2015.

Joint Legislative Committee Note —

Section 2 of ch. 589, Laws of 2006, effective from and after July 1, 2006 (approved April 21, 2006), amended this section. Section 1 of ch. 600, Laws of 2006, effective from and after July 1, 2006 (approved April 24, 2006), also amended this section. As set out above, this section reflects the language of Section 2 of ch. 589, Laws of 2006, which contains language that specifically provides that it supersedes §43-1-55 as amended by Laws of 2006, ch. 600.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in paragraph (a) of subsection (5). The word “counsel” was changed to “council” following “advisory” in the next-to-last sentence. The Joint Committee ratified the correction at its May 31, 2006, meeting.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

In (3), there is a reference to “vulnerable adult cases.” The “Vulnerable Adults Act” was renamed the “Vulnerable Persons Act” by Laws of 2010, ch. 357 to change references to “vulnerable adult” to “vulnerable person.”

Section 43-26-1, enacted by Chapter 494, Laws of 2016, effective May 13, 2016, provides that from and after July 1, 2018, the programs and services provided by the Office of Family and Children’s Services of the Department of Human Services under this section will be provided by the Department of Child Protection Services.

Amendment Notes —

The 2004 amendment rewrote the section to provide standards for child protection specialists.

The first 2006 amendment (ch. 589), rewrote the section.

The second 2006 amendment (ch. 600), rewrote the section.

The 2009 amendment substituted “subsection (2)(a) of this section” for “paragraph (2)(a) of this section” in (5); and extended the date of the repealer in (6) by substituting “July 1, 2010” for “July 1, 2009.”

The 2010 amendment substituted “July 1, 2012” for “July 1, 2010” in (6).

The 2012 amendment extended the repealer provision from “July 1, 2012” to “July 1, 2015” in (6).

The 2015 amendment extended the repealer provision in (6) from “July 1, 2015” to “July 1, 2019.”

Cross References —

State Department of Public Welfare and State Board of Public Welfare as meaning Department of Human Services, see §43-1-1.

Mississippi Law Enforcement Officers’ Training Academy, see §§45-5-1 et seq.

RESEARCH REFERENCES

Am. Jur.

79 Am. Jur. 2d, Welfare Laws §§ 62-79.

CJS.

81 C.J.S., Social Security and Public Welfare §§ 206-226.

§ 43-1-57. Recordkeeping procedures; uniform intake procedure.

  1. The Division of Family and Children’s Services shall establish a record-keeping procedure to insure that all referrals of neglect and/or abuse are accurately and adequately maintained for future or cross-reference.
  2. In addition to the toll-free abuse reporting telephone system, the division shall establish a uniform intake procedure for the receipt and referral to the appropriate personnel for investigation. The uniform intake procedure shall be made available to all appropriate agencies and the public in order to facilitate the necessary protective services.

HISTORY: Laws, 1986, ch. 500, § 39, eff from and after July 1, 1986.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Section 43-26-1, enacted by Chapter 494, Laws of 2016, effective May 13, 2016, provides that from and after July 1, 2018, the programs and services provided by the Office of Family and Children’s Services of the Department of Human Services under this section will be provided by the Department of Child Protection Services.

Cross References —

State Department of Public Welfare and State Board of Public Welfare as meaning Department of Human Services, see §43-1-1.

RESEARCH REFERENCES

Am. Jur.

79 Am. Jur. 2d, Welfare Laws §§ 62-79.

CJS.

81 C.J.S., Social Security and Public Welfare §§ 206-226.

§ 43-1-59. Allocation of departmental resources.

It is the intent of the Legislature that the resources devoted to family and children’s services and to public assistance programs be clearly delineated and that all resources intended for child protection and other related purposes be expended in service of that goal.

HISTORY: Laws, 1986, ch. 500, § 40; Laws, 1989, ch. 544, § 67, eff from and after July 1, 1989.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Cross References —

State Department of Public Welfare and State Board of Public Welfare as meaning Department of Human Services, see §43-1-1.

RESEARCH REFERENCES

Am. Jur.

79 Am. Jur. 2d, Welfare Laws §§ 62-79.

CJS.

81 C.J.S., Social Security and Public Welfare §§ 206-226.

§ 43-1-61. Repealed.

Repealed by Laws, 1986, ch. 500, § 41(4), eff from and after January 1, 1987.

[Laws, 1986, ch. 500, § 41]

Editor’s Notes —

Former §43-1-61 provided for a Transition Council.

§ 43-1-63. Interdepartmental sharing of resources and services for preventing and detecting child abuse and neglect.

The Department of Human Services shall have the authority to use the services and resources of the State Department of Education and the State Department of Health and of all other appropriate state departments, agencies, institutions or political subdivisions as will aid in carrying out the purposes of this chapter. It shall be the duty of all such state departments, agencies and institutions to make available such services and resources to the department, including, but not necessarily limited to, such services and resources as may be required to perform appropriate criminal history record checks on prospective foster and relative child placements for the purpose of preventing and detecting abuse and neglect.

HISTORY: Laws, 2002, ch. 509, § 1, eff from and after July 1, 2002.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Section 43-26-1, enacted by Chapter 494, Laws of 2016, effective May 13, 2016, provides that from and after July 1, 2018, the programs and services provided by the Office of Family and Children’s Services of the Department of Human Services under this section will be provided by the Department of Child Protection Services.

§ 43-1-65. Mississippi Child Care Quality Step System established by requiring Department of Human Services Office for Children and Youth to develop and implement pilot voluntary quality rating system (QRS).

The Department of Human Services shall establish the Mississippi Child Care Quality Step System by requiring the Office for Children and Youth of the Department of Human Services, the lead agency for the Child Care and Development Fund (CCDF), to develop and implement a pilot voluntary Quality Rating System (QRS). The purpose of the pilot system will be to improve the quality of all licensed early care and education and after-school programs. The system is to be phased in over the next five (5) years beginning July 1, 2006, subject to appropriation. The QRS criteria will be the basis, at minimum, for the QRS, and shall address the following components: administrative policy, professional development, learning environment, and parental involvement and evaluation.

In addition, the Office for Children and Youth shall develop and administer funds, based on appropriation, to create a Child Care Resource and Referral (CCR& R) statewide system in collaboration with community and junior colleges, universities, Mississippi Public Broadcasting, state agencies and/or nonprofit community entities. The CCR& R agencies shall provide training specific to the QRS criteria to enable early care and education program quality to improve as measured by the QRS system; and offer parent education information and training on what a quality early care and education program comprises and how to identify one. This program shall begin July 1, 2006, subject to appropriation.

HISTORY: Laws, 2006, ch. 504, § 16; reenacted without change, Laws, 2009, ch. 345, § 35, eff from and after June 30, 2009.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Section 19 of Chapter 504, Laws of 2006, provided for the repeal of this section, effective June 30, 2009. Section 1 of Chapter 345, Laws of 2009, amended Section 19 of Chapter 504, Laws of 2006, to remove the repealer for this section.

Amendment Notes —

The 2009 amendment reenacted the section without change.

§ 43-1-67. Office of Children and Youth to conduct needs assessment to determine need for program to provide incentives to certain teachers/directors who make educational advancements listed in QRS criteria.

The Office for Children and Youth of the Department of Human Services shall conduct a needs assessment to determine the need for an incentive program, which would allow participating early care and education programs in the Quality Rating System (QRS) access to funds to provide incentives to teachers/directors that make educational advancements that are listed in the QRS criteria. If determined to be feasible and depending on the availability of funds, guidelines for such an incentive program shall be developed by the Office for Children and Youth.

HISTORY: Laws, 2006, ch. 504, § 17; reenacted without change, Laws, 2009, ch. 345, § 36, eff from and after June 30, 2009.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Section 19 of Chapter 504, Laws of 2006, provided for the repeal of this section, effective June 30, 2009. Section 1 of Chapter 345, Laws of 2009, amended Section 19 of Chapter 504, Laws of 2006, to remove the repealer for this section.

Amendment Notes —

The 2009 amendment reenacted the section without change.

Mississippi Interagency Council on Homelessness

§ 43-1-101. Mississippi Interagency Council on Homelessness created; duties and purposes; membership.

  1. There is created the Mississippi Interagency Council on Homelessness. The purpose of the council is to establish, develop and implement a plan to reduce homelessness that includes a strong focus on the needs of homeless children, youth and families, as well as individuals and veterans who are homeless.
  2. In addition to the duties prescribed in subsection (1) the council shall annually make a report to the Governor, the House of Representatives, the Senate and the public regarding the council’s progress in meeting its goals and objectives.
  3. The council shall be composed of the following members:
    1. A representative from the Office of the Governor, appointed by the Governor;
    2. The Chairperson or his designee of the Youth and Family Affairs Committee of the House of Representatives and the Chairperson or his designee of the Housing Committee of the Senate;
    3. The Executive Director of the Department of Health and Human Services or his designee;
    4. The Executive Director of the Department of Mental Health or his designee;
    5. The Executive Director of the Mississippi Development Authority or his designee;
    6. The State Superintendent of the Department of Education or his designee;
    7. A representative of Partners to End Homelessness, appointed by the Governor;
    8. A representative of Mississippi United to End Homelessness, appointed by the Governor;
    9. A representative of Open Doors Counseling Center, appointed by the Governor;
    10. A representative of a school district that is working on the McKinney-Vento Homeless Education Assistance Act, appointed by the State Superintendent of Education;
    11. A representative of the Mississippi Campaign to End Child Homelessness, appointed by the Governor;
    12. Two (2) directors from homeless and domestic violence emergency shelters, appointed by the Governor;
    13. A youth who is or has been homeless, appointed by the State Superintendent of Education;
    14. A representative of the Oakley Youth Development Center, appointed by the Governor;
    15. The Executive Director of the State Veterans Affairs Board or his designee;
    16. The Executive Director of Hope Enterprises, or his designee; and
    17. A representative from a community action agency appointed by the Governor.
  4. Appointments shall be made within thirty (30) days after July 1, 2013. Within fifteen (15) days thereafter on a day to be designated jointly by the Speaker of the House and the Lieutenant Governor, the council shall meet and organize by selecting from its membership a chairperson and a vice chairperson. The vice chairperson shall also serve as secretary and shall be responsible for keeping all records of the council. A majority of the members of the council shall constitute a quorum. In the selection of its officers and the adoption of rules, resolutions and reports, an affirmative vote of a majority of the council shall be required. All members shall be notified in writing of all meetings, and those notices shall be mailed at least fifteen (15) days before the date on which a meeting is to be held.
  5. Members of the council shall serve without compensation for their services, and the council shall perform its duties without legislative appropriation or the use of any state funds for that purpose; however, the council, by approval of a majority of the appointed members of the council, is authorized to accept funds that may be donated or provided in the form of financial grants from public or private sources. In addition, any department, division, board, bureau, commission or agency of the state, or of any political subdivision thereof, shall provide, at the request of the chair of the council, such facilities, assistance and data as will enable the council to carry out its duties.

HISTORY: Laws, 2013, ch. 448, § 1, eff from and after July 1, 2013.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 9 of this title are known collectively as the “Mississippi Old Age Security Law.”

Pursuant to §43-9-41, this chapter and Chapter 9 of this title are supplementary to any and all welfare laws now in force in Mississippi that are not directly in conflict with the chapters.

Chapter 3. Blind Persons

Adjustment Center for the Blind

§ 43-3-1. Short title.

Sections 43-3-1 through 43-3-15 shall be cited as “The Adjustment Center for the Blind Law of 1968.”

HISTORY: Codes, 1942, § 6708-61; Laws, 1968, ch. 436, § 1, eff from and after July 1, 1968.

Cross References —

Statewide system of aid for the blind, see §§43-3-51 et seq.

Mississippi Industries for the Blind, see §§43-3-101 et seq.

§ 43-3-3. Declaration of public policy.

It is declared that the state public welfare demands and the state public policy requires that a state facility be built and a state program be established that can teach and assist individuals who are blind to adjust to and become a useful part of society; that in addition to existing facilities and vocational and rehabilitation programs for individuals who are blind in Mississippi, an Adjustment Center for Individuals who are Blind is needed to assist those persons in adopting attitudes, behavior patterns, and otherwise becoming acclimated for a full, more useful and productive life.

HISTORY: Codes, 1942, § 6708-62; Laws, 1968, ch. 436, § 2, eff from and after July 1, 1968; Laws, 2002, ch. 463, § 23, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

Department of Human Services to administer Vocational Rehabilitation for the Blind Law, see §37-33-54.

§ 43-3-5. Establishment, maintenance, and control of facility.

The directors of the University of Mississippi Medical School and Teaching Hospital, with the direction of the Office of Vocational Rehabilitation for the Blind of the State Department of Rehabilitation Services, may establish, maintain and supervise an Adjustment Center for Individuals who are Blind at the University of Mississippi Medical Center in Jackson, Mississippi, and shall jointly govern the facility.

The governing authorities shall appoint a director and shall employ such other technical, professional and clerical assistance as may be required from time to time and fix their duties and compensation. All employees and other personnel must be qualified by education and experience.

HISTORY: Codes, 1942, § 6708-63; Laws, 1968, ch. 236, § 3, eff from and after July 1, 1968; Laws, 2002, ch. 463, § 24, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the first paragraph.

Cross References —

Department of Human Services to administer Vocational Rehabilitation for the Blind Law, see §37-33-54.

§ 43-3-7. Rules and regulations.

The governing authorities shall promulgate such reasonable rules and regulations as are necessary to carry out the intent of Sections 43-3-1 through 43-3-15. Any such rules and regulations shall be published and kept on file in the office of the director and shall be available to the general public on demand.

HISTORY: Codes, 1942, § 6708-64; Laws, 1968, ch. 236, § 4, eff from and after July 1, 1968.

Cross References —

Department of Human Services to administer Vocational Rehabilitation for the Blind Law, see §37-33-54.

§ 43-3-9. Medical school and hospital personnel to cooperate in carrying out intent of law.

The directors, professors, physicians, and all other personnel employed at the University of Mississippi Medical School and Teaching Hospital shall offer full cooperation to the Office of Vocational Rehabilitation for the Blind of the State Department of Rehabilitation Services in carrying out the intent of Sections 43-3-1 through 43-3-15.

HISTORY: Codes, 1942, § 6708-65; Laws, 1968, ch. 236, § 5, eff from and after July 1, 1968; Laws, 2002, ch. 463, § 25, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

Department of Human Services to administer Vocational Rehabilitation for the Blind Law, see §37-33-54.

§ 43-3-11. Acquisition of public funds for constructing and equipping center; acceptance of gifts and grants.

The agencies named or referred to are authorized separately or collectively to cooperate with any agency or instrumentality of the state or of the United States government in acquiring public funds for use in the constructing and equipping of the Adjustment Center for Individuals who are Blind and for use in the subsequent administration and operation incidental to carrying out the provisions of Sections 43-3-1 through 43-3-15. Grants or donations to the center may be accepted from individuals, firms, corporations, foundations and other interested organizations and societies.

HISTORY: Codes, 1942, § 6708-66; Laws, 1968, ch. 236, § 6, eff from and after July 1, 1968; Laws, 2002, ch. 463, § 26, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment substituted “Adjustment Center for Individuals who are Blind” for “Adjustment Center for Blind Persons”.

Cross References —

Department of Human Services to administer Vocational Rehabilitation for the Blind Law, see §37-33-54.

§ 43-3-13. Department of Finance and Administration authorized to build facility; funds appropriated or granted to be deposited in State Treasury.

The Department of Finance and Administration is authorized to build a suitable facility, and payment for construction of that building shall be made from any money made available for this purpose.

Any funds appropriated or granted from any source for purposes of Sections 43-3-1 through 43-3-15 shall be deposited into a fund in the State Treasury to be designated The Adjustment Center for Individuals who are Blind Fund.

HISTORY: Codes, 1942, § 6708-67; Laws, 1968, ch. 236, § 7, eff from and after July 1, 1968; Laws, 2002, ch. 463, § 27, eff from and after July 1, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

Department of Human Services to administer Vocational Rehabilitation for the Blind Law, see §37-33-54.

§ 43-3-15. Construction of law.

This law shall be construed to be supplemental and in addition to any present laws governing the agencies specified in Sections 43-3-1 through 43-3-15. Whenever a conflict exists between such sections and any of said present laws, the provisions of Sections 43-3-1 through 43-3-15 will control.

HISTORY: Codes, 1942, § 6708-68; Laws, 1968, ch. 236, § 8, eff from and after July 1, 1968.

Cross References —

Department of Human Services to administer Vocational Rehabilitation for the Blind Law, see §37-33-54.

Assistance to the Blind

§ 43-3-51. Statewide system of aid.

For the purpose of providing for blind persons in need, a statewide system of aid to the needy blind is hereby established and shall be in effect in all political subdivisions of this state to operate with due regard to the varying conditions and costs of living, to be financed by state appropriations therefor, and to be administered by the State Department of Public Welfare.

HISTORY: Codes, 1942, § 7248; Laws, 1938, ch. 181.

Cross References —

Mandatory state supplemental payments to aged and blind persons and persons with disabilities, see §§43-1-31 to43-1-37.

Adjustment center for the blind, see §§43-3-1 et seq.

Mississippi Industries for the Blind, see §§43-3-101 et seq.

State Department of Public Welfare as meaning Department of Human Services, see §43-1-1.

RESEARCH REFERENCES

CJS.

81 C.J.S., Social Security and Public Welfare §§ 193-198.

§ 43-3-53. Definitions.

When used herein, the term “State Department” means the State Department of Public Welfare.

“County department” means the county board of public welfare and the county welfare agent of each of the several counties in this state.

“Applicant” means a person who has applied for assistance under Sections 43-3-51 through 43-3-91.

“Recipient” means a person who has received assistance under the terms of Sections 43-3-51 through 43-3-91.

“Ophthalmologist” means a physician licensed to practice medicine in this state and who is actively engaged in the treatment of diseases of the human eye.

“Assistance” means money payments, including vendor payments, made to or in behalf of needy blind persons hereunder.

HISTORY: Codes, 1942, § 7249; Laws, 1938, ch. 181; Laws, 1962, ch. 563, § 1, eff from and after passage (approved April 25, 1962).

Cross References —

State Department of Public Welfare as meaning Department of Human Services, see §43-1-1.

§ 43-3-55. Eligibility for assistance to the needy blind.

Assistance shall be granted under Sections 43-3-51 through 43-3-91 to any person who:

Has no vision or whose vision, with correcting glasses is so defective as to prevent the performance of ordinary activities for which eyesight is essential;

Has not sufficient income or other resources to provide a reasonable subsistence compatible with decency and health;

Is not an inmate of any public institution at the time of receiving assistance except as a patient in a public medical institution, or is not a patient in any institution for tuberculosis or mental diseases, or is not a patient in any medical institution as a result of having been diagnosed as having tuberculosis or psychosis. In the event the federal Social Security Act, or other appropriate federal statutes are so amended as to permit funds appropriated by Congress to be used for assistance to blind persons who are inmates of public institutions, then being an inmate of any such institution shall not disqualify any such person for assistance. An inmate of such an institution may, however, make application for such assistance but the assistance, if granted, shall not begin until after he ceases to be an inmate;

Is not receiving old age assistance;

Has not made an assignment or transfer of property for the purpose of rendering himself eligible for assistance under Sections 43-3-51 through 43-3-91 at any time within two (2) years immediately prior to the filing of application for assistance pursuant to the provisions of said sections.

HISTORY: Codes, 1942, § 7250; Laws, 1938, ch. 181; Laws, 1960, ch. 439, § 2.

§ 43-3-57. Amount of assistance.

The amount of assistance which any needy blind person shall receive shall be determined by the county department with due regard to the resources and necessary expenditures of the individual and the conditions existing in each case and in accordance with the rules and regulations made by the state department, and shall be only sufficient, when added to all other income and support of the recipient, to provide such persons with a reasonable subsistence compatible with decency and health. In making such determination the state department shall disregard the earned income specified by the federal Social Security Act, as amended, and may disregard any other income of the recipient as specified in the federal Social Security Act, as amended.

HISTORY: Codes, 1942, § 7251; Laws, 1938, ch. 181; Laws, 1952, ch. 386; Laws, 1962, ch. 563, § 2; Laws, 1968, ch. 562, § 7, eff from and after passage (approved July 30, 1968).

Cross References —

Disclosure of records of public assistance disbursements and payments, see §43-1-19.

Federal Aspects—

Social Security Act generally, see 42 USCS §§ 301 et seq.

RESEARCH REFERENCES

CJS.

81 C.J.S., Social Security and Public Welfare § 196.

§ 43-3-59. Duties of State Department of Public Welfare.

The state department shall:

Supervise the administration of assistance to the needy blind under Sections 43-3-51 through 43-3-91 by the county departments;

Make such rules and regulations and take such action as may be necessary or desirable for carrying out the provisions of Sections 43-3-51 through 43-3-91. All rules and regulations made by the state department shall be binding on the counties and shall be complied with by the respective county departments;

Designate the procedure to be followed in securing a competent medical examination for the purpose of determining blindness in the individual applicant for assistance;

Establish minimum standards for personnel employed by the state and county departments in the administration of Sections 43-3-51 through 43-3-91 and make necessary rules and regulations to maintain such standards;

Prescribe the form of and print and supply to the county departments such forms as it may deem necessary and advisable;

Cooperate with the federal government in matters of mutual concern pertaining to assistance to the needy blind, including the adoption of such methods of administration as are found by the federal government to be necessary for the efficient operation of the plan for such assistance;

Make such reports, in such form and containing such information, as the federal government may from time to time require and comply with such provisions as the federal government may from time to time find necessary to assure the correctness and verification of such reports;

Publish an annual report and such interim reports as may be necessary;

Promulgate rules and regulations stating, in terms of ophthalmic measurements, the amount of visual acuity which an applicant may have and still be eligible for assistance under Sections 43-3-51 through 43-3-91.

HISTORY: Codes, 1942, § 7252; Laws, 1938, ch. 181.

Cross References —

State Department of Public Welfare as meaning Department of Human Services, see §43-1-1.

§ 43-3-61. Duties of county departments.

The county departments shall:

Administer the provisions of Sections 43-3-51 through 43-3-91 in the respective counties subject to the rules and regulations prescribed by the state department pursuant to the provisions of said sections;

Report to the state department at such times and in such manner and form as the state department may from time to time direct.

HISTORY: Codes, 1942, § 7253; Laws, 1938, ch. 181.

§ 43-3-63. Application for assistance.

Application for assistance under Sections 43-3-51 through 43-3-91 shall be made to the county department of the county in which the applicant resides. The application shall be in writing or reduced to writing in the manner and upon the form prescribed by the state department. Such application shall contain a statement of the amount of property, both personal and real, in which the applicant has an interest and of all income which he may have at the time of the filing of the application, and such other information as may be required by the state department.

HISTORY: Codes, 1942, § 7254; Laws, 1938, ch. 181.

§ 43-3-65. Investigation of applications.

Whenever a county department receives an application for assistance under Sections 43-3-51 through 43-3-91, an investigation and record shall promptly be made of the circumstances of the applicant in order to ascertain the facts supporting the application and in order to obtain such other information as may be required by the rules of the state department.

HISTORY: Codes, 1942, § 7255; Laws, 1938, ch. 181.

§ 43-3-67. Examination by ophthalmologist or optometrist.

No application shall be approved until the applicant has been examined by an ophthalmologist or by a licensed optometrist designated or approved by the state department to make such examinations, and said applicant shall be permitted to choose whether the examination will be made by an ophthalmologist or by an optometrist. The examining ophthalmologist or optometrist shall certify in writing upon forms provided by the state department the findings of the examination.

This section shall apply to all state, county, or municipal agencies handling or administering public or private funds or private agencies handling public funds in connection with any of their visual care programs for children or adults. Sections 73-51-1 through 73-51-5, Mississippi Code of 1972, shall apply in actions to correct any violation of this section.

HISTORY: Codes, 1942, § 7256; Laws, 1938, ch. 181; Laws, 1952, ch. 385; Laws, 1966, ch. 608, § 1, eff from and after passage (approved February 25, 1966).

§ 43-3-69. Granting of assistance.

Upon the completion of such investigation the county department shall decide whether the applicant is eligible for assistance under the provisions of Sections 43-3-51 through 43-3-91, and determine in accordance with the rules and regulations of the state department the amount of such assistance and the date on which such assistance shall begin. The county department shall notify the applicant of its decision. Such assistance shall be paid monthly to the applicant upon the order of the county department from funds allocated to the county department for this purpose.

HISTORY: Codes, 1942, § 7257; Laws, 1938, ch. 181.

Cross References —

Disclosure of records of disbursements and payments of public assistance, see §43-1-19.

§ 43-3-71. Assistance not assignable.

Assistance granted under Sections 43-3-51 through 43-3-91 shall not be transferable or assignable, at law or in equity, and none of the money paid or payable under said sections shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law.

HISTORY: Codes, 1942, § 7258; Laws, 1938, ch. 181.

§ 43-3-73. Appeal to the State Department of Public Welfare.

If an application is not acted upon by the county department within a reasonable time after the filing of the application, or is denied in whole or in part, or if any award of assistance is modified or canceled under any provision of Sections 43-3-51 through 43-3-91, the applicant or recipient may appeal to the state department in the manner and form prescribed by the state department. The state department shall, upon receipt of such appeal, give the applicant or recipient reasonable notice and opportunity for a fair hearing.

The state department may also, upon its own motion, review any decision of a county department, and may consider any application upon which a decision has not been made by the county department within a reasonable time. The state department may make such additional investigation as it may deem necessary, and shall make such decision as to the granting of assistance and the amount of assistance to be granted the applicant as in its opinion is justified and in conformity with the provisions of Sections 43-3-51 through 43-3-91. Applicants or recipients affected by such decisions of the state department shall, upon request, be given reasonable notice and opportunity for a fair hearing by the state department.

All decisions of the state department shall be final and shall be binding upon the county involved and shall be complied with by the county department.

HISTORY: Codes, 1942, § 7259; Laws, 1938, ch. 181.

Cross References —

State Department of Public Welfare as meaning Department of Human Services, see §43-1-1.

Appeal in case of old age assistance, see §43-9-21.

Appeal in case of aid to persons with disabilities, see §43-29-17.

§ 43-3-75. Periodic reconsideration and changes in amount of assistance.

All assistance grants made under Sections 43-3-51 through 43-3-91 shall be reconsidered by the county department as frequently as may be required by the rules of the state department. After such further investigation as the county department may deem necessary or the state department may require, the amount of assistance may be changed or assistance may be entirely withdrawn if the state or county departments find that the recipient’s circumstances have altered sufficiently to warrant such action.

HISTORY: Codes, 1942, § 7260; Laws, 1938, ch. 181.

§ 43-3-77. Reexamination as to eyesight.

A recipient shall submit to a reexamination as to his eyesight when required to do so by the county or the state department. He shall also furnish any information required by the county department or by the state department.

HISTORY: Codes, 1942, § 7261; Laws, 1938, ch. 181.

§ 43-3-79. Recovery from a recipient.

If at any time during the continuance of assistance the recipient thereof becomes possessed of any property or income in excess of the amount stated in the application provided for in Section 43-3-63, it shall be the duty of the recipient immediately to notify the county department of the receipt or possession of such property or income and the county department may, after investigation, either cancel the assistance or alter the amount thereof in accordance with the circumstances. Any assistance paid after the recipient has come into possession of such property or income and in excess of his need shall be recoverable by the county as a debt due to the state and the federal government in proportion to the amount of the assistance paid by each respectively.

HISTORY: Codes, 1942, § 7262; Laws, 1938, ch. 181.

§ 43-3-81. Fraudulent acts.

Whoever knowingly obtains, or attempts to obtain, or aids, or abets any person to obtain by means of a wilfully false statement or representation or by impersonation, or other fraudulent device, assistance to which he is not entitled, or assistance greater than that to which he is justly entitled, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than five hundred dollars ($500.00) or be imprisoned for not more than four (4) months, or be both so fined and imprisoned in the discretion of the court. In assessing the penalty, the court shall take into consideration, among other factors, the amount of money fraudulently received.

HISTORY: Codes, 1942, § 7263; Laws, 1938, ch. 181.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 43-3-83. Receipt and disposition of federal and other funds and manner of disbursing same.

Federal and other funds shall be received, disposed of, and disbursed in the same manner as is provided for the handling of funds for the needy aged in Sections 43-9-33 through 43-9-37. Any funds paid to any applicant under the provisions of Sections 43-3-51 through 43-3-91 shall be paid from the funds appropriated to the state department of public welfare, and the amount paid to each applicant coming under the provisions of Sections 43-3-51 through 43-3-91 shall be on the same basis as the amount paid to other applicants similarly situated.

HISTORY: Codes, 1942, § 7264; Laws, 1938, ch. 181.

Cross References —

State Department of Public Welfare as meaning Department of Human Services, see §43-1-1.

§§ 43-3-85 and 43-3-87. Repealed.

Repealed by Laws, 1983, ch. 422, § 10, eff from and after July 1, 1983.

§43-3-85. [Codes, 1942, § 7265; Laws, 1938, ch. 181]

§43-3-87. [Codes, 1942, § 7266; Laws, 1938, ch. 181]

Editor’s Notes —

Former §43-3-85 directed the State Board of Public Welfare to maintain a bureau of information.

Former §43-3-87 authorized the State Board of Public Welfare to appoint and fix the compensation of workers.

§ 43-3-89. Detailed report to the Legislature.

The State Board of Public Welfare shall make a detailed report to the Legislature each year in which it convenes, showing all appropriations and donations received and how same have been expended, and covering its activities and accomplishments and making recommendations therein for the further improvement of the conditions of the blind in the state.

HISTORY: Codes, 1942, § 7267; Laws, 1938, ch. 181.

§ 43-3-91. Donations may be received and expended.

The State Board of Public Welfare is hereby authorized and empowered to receive donations from any and all sources and expend same for the purpose herein outlined.

HISTORY: Codes, 1942, § 7268; Laws, 1938, ch. 181.

§ 43-3-93. Operation by blind persons of vending stands in public buildings.

  1. For the purpose of providing legally blind persons with remunerative employment, enlarging the economic opportunities of the blind, and stimulating the blind to greater efforts in striving to make themselves self-supporting, blind persons licensed under the provisions of this section, may operate vending facilities, snack bars or similar facilities in cooperation with the federal government in the furtherance of the provisions of the Vending Stand Act, of Congress known as the Randolph-Sheppard Vending Stand Act, dated June 20, 1936, as amended.
  2. Definitions as used in this section:
    1. “Blind person” shall mean any individual with insufficient vision to perform tasks for which sight is essential.
    2. “State agency” shall mean any department, commission, agency or instrumentality of the state.
    3. “State property or state building” means building and land controlled, leased or owned by the state, exclusive of a building and land controlled, leased or owned in whole or in part by schools, the Mississippi State Fair, or any of the colleges or universities.
    4. “Vending facility” includes a snack bar, concession stand, cafeteria, vending stand, vending machines or other facility at which food, drinks, novelties, newspapers, periodicals, confections, souvenirs, tobacco products, or other related items are regularly sold.
    5. “Vocational Rehabilitation for the Blind” shall mean the rehabilitation agency for the blind created and empowered under Sections 37-33-53 et seq.
  3. The Director of Vocational Rehabilitation for the Blind shall, with the approval of the Board of Trustees of the Mississippi School for the Blind and the Mississippi School for the Deaf, make regulations in conformity with the Randolph-Sheppard Vending Stand Act, as amended, and do all things necessary and proper to carry out the provisions of this section, including surveying opportunities for the operation of vending facilities by blind persons and collection of such set-aside funds, with such collections being placed in a special deposit fund to be used only for the following purposes authorized under the Randolph-Sheppard Vending Stand Act, as amended: (a) the maintenance and replacement of equipment; (b) management services; and (c) the purchase of new equipment.
  4. The person, board or legislative body having the care, custody and control of any state, county or municipal building are hereby authorized and empowered to permit the establishment and operation of vending facilities by blind persons duly licensed by Vocational Rehabilitation for the Blind in any state, county or municipal building under their respective jurisdictions.
  5. In order to promote the employment and the self-sufficiency of blind persons in Mississippi, state agencies shall, upon the request of the Vocational Rehabilitation for the Blind, give preference to blind persons in the operation of vending facilities on state property.
  6. On state property, where Vocational Rehabilitation for the Blind determines that a vending facility should not be established or should not continue to operate due to insufficient revenues, Vocational Rehabilitation for the Blind shall have the first opportunity to secure, by negotiation of a contract with one or more licensed commercial vendors, coin or currency operated vending machines for such state property location. Profits secured by Vocational Rehabilitation for the Blind from such machines shall be used only for the support of vending facilities operated by Vocational Rehabilitation for the Blind.
  7. If Vocational Rehabilitation for the Blind determines that a location is suitable for the operation of a vending facility by a blind person, the state agency with authority over the location may provide proper space, plumbing, lighting and electrical outlets for the vending facility in the original planning and construction or in alteration or renovation of the present location. The state agency shall provide necessary utilities, janitorial services and garbage disposal for the operation of the vending facility. Space for the vending facility shall be provided without charge. It shall also be the duty of the state agencies to inform Vocational Rehabilitation for the Blind in writing of existing or prospective vending facilities and coin or currency operated vending machines located on property under the control of the state agency.
  8. Where, on July 1, 1985, vending facilities are operated on state property by those other than blind persons, the contract or agreement for the provision of such vending facilities shall not be renewed or extended unless the Director of Vocational Rehabilitation for the Blind is notified thereof, and he determines within thirty (30) days of the date of such notification that the vending facilities are not, or cannot become, suitable for operation by the blind. However, if the Director of Vocational Rehabilitation for the Blind fails to provide for the operation of the vending facilities by the blind within thirty (30) days of such notification, the existing contract may be renewed or extended.
    1. This section is not intended to apply to food services provided by hospitals or residential institutions as a direct service to patients, inmates, trainees or institutionalized persons.
    2. This section shall not prohibit the continued use of coin-operated vending machines currently the property of Vocational Rehabilitation for the Blind.
  9. Any blind vendor operating such vending facility is subject to the provisions of any ordinance of the county or city in which the vending facility is located requiring a license or permit for the conduct of each business, but such license or permit may be issued free of charge to a blind vendor licensed by Vocational Rehabilitation for the Blind pursuant to federal and state laws.

HISTORY: Codes, 1942, § 7269.5; Laws, 1964, ch. 568, § 1; Laws, 1985, ch. 361, eff from and after July 1, 1985.

Editor’s Notes —

Section 43-5-1 provides that the State Board of Education is the Board of Trustees of the Mississippi School for the Deaf and the Mississippi School for the Blind and wherever the term Board of Trustees of the Mississippi School for the Deaf and Mississippi School for the Blind appears in any law it shall mean the State Board of Education.

Cross References —

Provisions concerning Vocational Rehabilitation for the Blind, see §§37-33-51 et seq.

Department of Human Services to administer Vocational Rehabilitation for the Blind Law, see §37-33-54.

Mississippi Schools for the Deaf and Blind, see §§43-5-1 et seq.

Sale of merchandise on premises of highway hospitality stations as subject to provisions of this section, see §65-31-3.

Federal Aspects—

Randolph-Sheppard Vending Stand Act, see 20 USCS §§ 107 et seq.

General federal regulations relative to operation of vending facilities by blind persons, see 43 CFR 13.1 et seq.

Mississippi Industries for the Blind

§ 43-3-101. Mississippi Industries for the Blind; general powers.

There is hereby created and established an agency of the State of Mississippi known as the Mississippi Industries for the Blind, hereinafter referred to as the “MIB.” The MIB shall be a body politic and corporate, may acquire and hold real and personal property, may receive, hold and disperse monies appropriated to it by the Legislature of the State of Mississippi received from the federal government, received from the sale of products which it produces, and received from any other sources whatsoever, and may sue and be sued in its name. The MIB is authorized and empowered to establish nonprofit entities for the purpose of defraying costs incurred in the performance of the MIB’s purpose and responsibilities.

HISTORY: Laws, 1983, ch. 422, § 1; Laws, 2010, ch. 309, § 1, eff from and after passage (approved Mar. 3, 2010.).

Amendment Notes —

The 2010 amendment added the last sentence.

OPINIONS OF THE ATTORNEY GENERAL

The Mississippi Industries for the Blind may sell products to state agencies that are manufactured, processed and produced by it in house, and these transactions are exempt from purchase law requirements set forth in Section 31-7-13.

§ 43-3-103. Board of Directors of MIB; duties of board.

  1. From and after July 1, 1997, the MIB shall be governed by a board of directors hereby created, to consist of four (4) persons appointed by the Governor, and three (3) by the Lieutenant Governor, with the advice and consent of the Senate, each of whom shall be a qualified elector of the State of Mississippi. The members of the board of directors appointed by the Governor shall include the following:
    1. One (1) legally blind individual;
    2. One (1) educator with expertise in rehabilitation or the field of blindness;
    3. One (1) individual with at least five (5) years’ actual experience in finance or a related field;
    4. One (1) individual with at least five (5) years’ actual experience in manufacturing or a related field.

      The members of the board of directors appointed by the Lieutenant Governor shall include the following:

      1. One (1) legally blind individual;
      2. One (1) individual with at least five (5) years’ actual experience in marketing or a related field; and
      3. One (1) individual who is a licensed practicing attorney.

      Initial appointments shall be made April 24, 1997. The Governor shall make initial appointments of two (2) members for two (2) years, one (1) member for three (3) years, and one (1) member for four (4) years to be designated at the time of appointment. The Lieutenant Governor shall make initial appointments of one (1) member for two (2) years, one (1) member for three (3) years, and one (1) member for four (4) years to be designated at the time of appointment. Thereafter, the terms of the members shall be for four (4) years and until their successors are appointed and qualified. In the event of a vacancy during the term of office of an incumbent, the appointing authority shall fill such vacancy, for the unexpired portion of the term, by appointing an individual having the same prerequisite qualifications as required for the vacancy being filled.

  2. The board of directors shall organize by selecting annually from its members a chairman and a vice chairman, and may do all things necessary and convenient for carrying into effect the provisions of this chapter. Each member of the board shall receive a per diem as provided in Section 25-3-69, Mississippi Code of 1972, plus travel and reasonable and necessary expenses incidental to the attendance at each meeting as provided in Section 25-3-41, including mileage.
  3. The Lieutenant Governor may designate the Chairman of the Senate Committee on Public Health and Welfare and another member of the Senate and the Speaker of the House of Representatives may designate the Chairman of the House Committee on Public Health and Human Services and another member of the House to attend any meeting of the Board of Directors of the MIB. The appointing authorities may designate alternate members from their respective houses to serve when the regular designees are unable to attend such meetings of the board. Such legislative designees shall have no jurisdiction or vote on any matter within the jurisdiction of the board. For attending meetings of the board, such legislators shall receive per diem and expenses which shall be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session; however, no per diem and expenses for attending meetings of the board will be paid while the Legislature is in session. No per diem and expenses will be paid except for attending meetings of the board without prior approval of the proper committee in their respective houses.
  4. It shall be the duty of the Board of Directors of MIB to:
    1. Appoint and employ an executive director who shall be the executive and administrative head of MIB and who shall serve at the pleasure of the board of directors. The Board of Directors of MIB shall set the compensation of the executive director.
    2. Make and publish policies, rules and regulations, not inconsistent with the terms of this chapter, as may be necessary for the efficient administration and operation of MIB.
    3. Adopt and publish rules and regulations, in its discretion, to establish a policy of sick leave with pay and personal leave with pay for MIB employees and to require that MIB offices be opened and staffed on legal holidays as determined necessary by the board of directors.
  5. There is created a revolving fund in the State Treasury, which shall be used by the Mississippi Industries for the Blind for the purpose of taking advantage of contractual opportunities that would not be available to MIB without those funds and for the purpose of meeting the obligations of those types of contracts. The fund shall consist of monies that are specifically made available by the Legislature for the purpose of the fund. MIB shall not be authorized to expend any monies in the fund until it has received the prior written approval of the Executive Director of the Department of Finance and Administration and the State Treasurer. MIB shall repay to the fund all monies that it expends from the fund, which monies then may be used by MIB for future contractual opportunities and obligations. Monies in the fund at the end of a fiscal year shall not lapse into the State General Fund, and all interest earned on monies in the fund shall be credited to the fund.

HISTORY: Laws, 1983, ch. 422, § 2; Laws, 1989, ch. 544, § 107; Laws, 1990, ch. 522, § 20; Laws, 1992, ch. 585 § 5; Laws, 1997, ch. 598, § 1; Laws, 1998, ch. 574, § 1; Laws, 2013, ch. 336, § 1, eff from and after July 1, 2013.

Editor’s Notes —

Laws of 1998, ch. 574, § 2 provides as follows:

“SECTION 2. It is the intent of the Legislature that citizens of the State of Mississippi who have physical or mental disabilities shall be afforded the opportunity to compete and participate in employment on an equal basis with persons who are not disabled, if the disabled persons are qualified and able to perform the essential functions of the employment positions that are held or sought.”

Amendment Notes —

The 2013 amendment substituted “the House Committee on Public Health and Human Services” for “the House Committee on Public Health and Welfare” in the first sentence of (3); deleted “subject to the approval of the State Personnel Board” at the end of (4)(a); and deleted former (6), which created a joint study committee of the Senate and House of Representatives that made recommendations relating to the creation of a nonprofit corporation for the operation of MIB and its programs required a report, listed committee membership and appointments and gave requirements relating to meetings of the committee.

Cross References —

General provisions regarding the reorganization of the executive branch of government, see §7-17-1 et seq.

State personnel board generally, see §§25-9-109 et seq.

Department of Human Services, State Board of Human Services, and Executive Director of Department of Human Services, see §43-1-2.

Authority to elect to become self-insurer under Worker’s Compensation Law, see §71-3-5.

§ 43-3-105. Duties of executive director.

The executive director of the MIB shall:

Employ all necessary employees at MIB and dismiss them as is necessary;

Administer the daily operations at MIB;

Execute any contracts on behalf of MIB; and

Take any further actions which are necessary and proper toward the achievement of MIB’s purposes.

HISTORY: Laws, 1983, ch. 422, § 3, eff from and after July 1, 1983.

§ 43-3-107. Purpose.

The purposes of MIB are as follows:

To establish industries, businesses, shops and workshops primarily for the employment of blind persons and other persons;

To employ blind persons whose training is not otherwise provided for and to market their products; and

To furnish materials, tools and books for use in rehabilitating blind persons for employment, and to do any and all other things for blind persons as it deems advisable.

HISTORY: Laws, 1983, ch. 422, § 4, eff from and after July 1, 1983.

Cross References —

Purchases made by state agencies or governing authorities involving items manufactured, processed or produced by the Mississippi Industries for the Blind exempt from §31-7-13 bidding requirements, see §31-7-13.

§ 43-3-109. Current operating funds.

Notwithstanding any other law to the contrary, the executive director of the MIB is hereby empowered to maintain sufficient funds to cover disbursements for current operations. The executive director shall deposit any excess funds with any official depository of the state and invest such excess funds as he deems appropriate.

HISTORY: Laws, 1983, ch. 422, § 5, eff from and after July 1, 1983.

§ 43-3-111. Funds generated by sale of goods.

Any funds obtained by MIB as a result of a sale of goods manufactured by it shall be accounted for separate and apart from any funds received by MIB through appropriation from the state legislature. All nonappropriated funds generated by MIB shall not be subject to appropriation by the state legislature.

HISTORY: Laws, 1983, ch. 422, § 6, eff from and after July 1, 1983.

Cross References —

Exclusion of nonappropriated funds of Mississippi Industries for the Blind from definition of “public funds”, see §7-7-1.

Chapter 5. Schools for the Blind and Deaf

In General

§ 43-5-1. State Board of Education to be Board of Trustees of Mississippi School for the Deaf and Mississippi School for the Blind; no consolidation of schools required.

  1. The State Board of Education shall be the Board of Trustees of the Mississippi School for the Deaf and the Mississippi School for the Blind and shall retain all powers and duties granted by law to the Board of Trustees of the Mississippi School for the Deaf and the Mississippi School for the Blind. Wherever the term Board of Trustees of the Mississippi School for the Deaf and Mississippi School for the Blind appears in any law the same shall mean the State Board of Education.
  2. The provisions of this section shall not be construed to require any consolidation or combination of the Mississippi School for the Deaf and the Mississippi School for the Blind other than where economies can be realized through the common utilization of maintenance personnel and equipment, physical facilities, vehicles and administrative personnel, where the same can be done without impairment of the effectiveness of the educational programs of the two (2) institutions or the welfare of the students.
  3. The provisions of this section shall not be construed to require any consolidation of services involving curriculum or instructional programs of the two (2) institutions.
  4. The State Board of Education, on behalf of each of these institutions, shall have the power to receive and hold property, real and personal, and to accept and use as provided by law, separate from the needs of the other institutions, all bequests, devices and donations made or which may in the future be made to or for it, and shall continue to enjoy the rights and privileges heretofore conferred upon it by law and such as are necessary now, or hereafter, to accomplish the purposes of its own establishment and operation and maintenance hereunder, provided that the same be not inconsistent with or in conflict with this chapter.

HISTORY: Codes, Hutchinson’s 1848, ch. 9, art. 43; 1857, ch. 13, art. 2, ch. 14, art. 2; 1871, §§ 2104, 2112; 1880, §§ 669, 678; 1892, §§ 2310, 2320, 2321; 1906, §§ 2539, 2548, 2549; Hemingway’s 1917, §§ 4993, 5008, 5009; 1930, §§ 7295, 7304, 7305; 1942, § 6785; Laws, 1924, ch. 309; Laws, 1924, ch. 310; Laws, 1944, ch. 163, § 1; Laws, 1989, ch. 544, § 142; Laws, 1991, ch. 534, § 15, eff from and after July 1, 1991.

Cross References —

General provision regarding the reorganization of the executive branch of government, see §§7-17-1 et seq.

Appointment of interpreter for the deaf in judicial proceedings and custodial situations, see §§13-1-301 et seq.

Education of exceptional children (including children with hearing and visual impairments), see §§37-23-1 et seq.

Vocational rehabilitation for the blind, see §§37-33-53 et seq.

Implementation and maintenance of post-secondary educational programs of services for hearing-impaired students, see §37-33-81.

Deposit, to the credit of the school for the deaf and school for the blind, of proceeds from the conveyance of certain lands to the Mississippi Department of Transportation, see §65-1-163.

Crime of peddling finger alphabet cards or masquerading as deaf person, see §97-19-37.

§ 43-5-2. Repealed.

Repealed by its own terms eff from and after July 1, 1991.

[Laws, 1989, ch. 544, § 144]

Editor’s Notes —

Former §43-5-2 created the Mississippi advisory board for education of the deaf.

§ 43-5-3. Repealed.

Repealed by Laws, 1989, ch. 544, § 143, eff from and after July 1, 1989.

[Codes, 1942, § 6785-01; Laws, 1936, ch. 180; Laws, 1944, ch. 163, § 2; Laws, 1968, ch. 415, § 1; Laws, 1974, ch. 529; Laws, 1985, ch. 448]

Editor’s Notes —

Former §43-5-3 created a board of trustees to govern and control the Mississippi School for the Deaf and the Mississippi School for the Blind.

§ 43-5-4. Repealed.

Repealed by Laws, 1989, ch. 544 § 145, eff from and after July 1, 1991.

[Laws, 1989, ch. 544 § 145]

Editor’s Notes —

Former §43-5-4 created the Mississippi advisory board for education of the blind.

§ 43-5-5. Powers and duties of Board.

The State Board of Education shall adopt all needful rules and regulations for the government of the schools. The State Board of Education shall have authority and control over the pupils and over the properties of each school except where otherwise prescribed by law. The State Board of Education shall provide and maintain libraries for each school, and shall provide for proper and needful recreational facilities for the pupils of the separate schools, and encourage their physical and hygienic and religious advancement, including facilities for church attendances on the Sabbath.

HISTORY: Codes, 1942, § 6785-02; Laws, 1936, ch. 180; Laws, 1944, ch. 163, § 3; Laws, 1968, ch. 416, § 1; Laws, 1977, ch. 338; Laws, 1989, ch. 544, § 146; Laws, 1992, ch. 338, § 1, eff from and after July 1, 1992.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in the last sentence of this section. The word “hygenic” was changed to “hygienic”. The Joint Committee ratified the correction at its May 20, 1998, meeting.

Cross References —

Establishing vocational departments in schools for the blind and deaf, see §37-31-15.

Filing of annual report, see §43-5-11.

Additional powers of Board regarding the annual conference of representatives of state and other agencies, see §§43-5-31,43-5-33.

§ 43-5-7. Powers and duties of State Superintendent of Schools.

The State Superintendent of Education, or his designee, shall make regular and frequent inspections of each of the two (2) schools, and shall personally visit each school at least once a month during every school session, and shall prescribe when and where and by whom and in what quantities all supplies and sustenance of every kind shall be purchased. As far as practicable the purchases for each school shall be on basis of wholesale rather than at retail prices. The State Superintendent of Education shall prepare in writing, monthly, the status of the schools and needs, and the physical and moral conditions of the pupils, and they shall require that the records of each school are preserved, and shall assume such duties as may through legislative enactment hereafter be placed upon the State Superintendent of Education.

HISTORY: Codes, 1942, § 6785-03; Laws, 1936, ch. 180; Laws, 1944, ch. 163, § 4; Laws, 1989, ch. 544, § 147, eff from and after July 1, 1989.

§ 43-5-8. Superintendents of Schools for Blind and Deaf; appointment; powers and duties; budget responsibilities.

The Superintendent of the School for the Blind and the Superintendent of the School for the Deaf and all principals and directors shall be selected by and hold office subject to the will and pleasure of the State Superintendent of Education, subject to the approval of the State Board of Education. The State Board of Education may provide housing for the two (2) superintendents so employed either on- or off-campus. Each superintendent shall at all times maintain supervision of the physical properties of the school he serves unless otherwise provided. All other personnel shall be competitively appointed by the state superintendent and shall be dismissed only for cause in accordance with the rules and regulations of the State Personnel Board. The state superintendent, subject to the approval of the State Personnel Board, shall fix the amount of compensation or expenses of any of the personnel of the schools, which shall be paid upon the requisition of the state superintendent and warrant issued thereunder by the State Auditor out of the funds appropriated by the Legislature in a lump sum upon the basis of budgetary requirements submitted by the Superintendent of Education or out of funds otherwise made available. The entire expense of administering the schools shall never exceed the amount appropriated therefor, plus funds received from sources other than state appropriations. For a violation of this provision, the superintendent shall be liable, and he and the sureties on his bond shall be required to restore any excess. However, if for any reason within the two-year period beginning July 1, 2014, a new Superintendent of the School for the Blind, Superintendent of the School for the Deaf or other administrative or instructional personnel are employed by the department, the employment shall not be subject to the rules and regulations of the State Personnel Board, except as otherwise provided in Section 25-9-127(4).

HISTORY: Laws, 1989, ch. 544, § 149; Laws, 1992, ch. 338, § 2; Laws, 1993, ch. 602, § 14; Laws, 1995, ch. 448, § 1; Laws, 2014, ch. 491, § 7, eff from and after passage (approved Apr. 15, 2014.).

Amendment Notes —

The 2014 amendment added the last sentence.

§ 43-5-9. Repealed.

Repealed by Laws, 1989, ch. 544, § 148, eff from and after July 1, 1989.

[Codes, 1942, § 6785-04; Laws, 1936, ch. 180; Laws, 1944, ch. 163, § 5; Laws, 1977, ch. 416]

Editor’s Notes —

Former §43-5-9 pertained to the selection of a superintendent, instructors and employees for the schools for the deaf and the blind.

§ 43-5-11. Annual report of Board.

The State Board of Education shall make a report to every annual term of the Legislature, showing the needs and condition and status of the School for the Blind and the School for the Deaf. Such report to the Legislature shall show how the money appropriated to the schools has been expended during the preceding year, beginning and ending with the fiscal year of each school. Such report shall exhibit the salaries paid to teachers, officers and employees and each and every item of receipt and expenditure. Each report shall be balanced and shall begin with the balance at the end of the preceding fiscal year. If any property belonging to the state or either school is used for profit such report shall show the expenses incurred in managing the property and the amount received from the same. Such report shall also show a summary of the gross receipts and gross disbursements for each fiscal year and shall show the money on hand at the beginning of the fiscal period of each school preceding each session of the Legislature and the necessary amount of expenses to be incurred from said date to January 1 next following.

HISTORY: Codes, 1892, § 4454; 1906, § 5031; Hemingway’s 1917, § 7930; 1930, § 7317; 1942, §§ 6785-02, 6800; Laws, 1936, ch. 180; Laws, 1944, ch. 163, § 3; Laws, 1968, ch. 416, § 1; Laws, 1970, ch. 391, § 7; Laws, 1970, ch. 392, § 1; Laws, 1989, ch. 544, § 150, eff from and after July 1, 1989.

§ 43-5-13. Braille and lip-reading to be taught.

Braille print, designated commonly as revised Braille Grade Two, shall be taught in the School for the Blind. The use of this print shall be included in the high school literary courses of students in such school. Every teacher or instructor in the School for the Deaf, whose duties include oral instruction of pupils, shall become acquainted with the most efficient and advanced methods of lipreading, but every teacher shall also master the manual alphabet in order to be able to communicate with pupils who cannot read lips and in order to aid and participate in student activities outside the classrooms. Every pupil entering the school shall be given oral instruction until it is clearly determined whether he can master lipreading to an extent enabling him to progress satisfactorily in his studies, but manual instruction shall be provided in all subjects for all pupils unable to progress satisfactorily under oral instruction alone. The State Board of Education may set and determine the additional requirements necessary for each teacher or instructor. All teachers and instructors must enter into written contracts of employment to indicate and cover the period for which they are respectively employed. Complete courses in shorthand and typewriting are to be offered at the School for the Deaf.

HISTORY: Codes, 1942, § 6785-05; Laws, 1944, ch. 163, § 6; Laws, 1990, ch. 535, § 15, eff from and after July 1, 1990.

Cross References —

Transfer of functions of Schools for Deaf and Blind to State Board of Education, see §43-5-1.

§ 43-5-15. Pupils; classification; course of training.

Each of the two (2) schools shall be open to receive all pupils eligible to attend it, and shall provide for the proper lodging, maintenance, care and education while in attendance. A student shall not be admitted to or continue as a pupil in the School for the Blind whose acuity of vision is, or becomes, habitually greater than fifty percent (50%) of normal vision, and a pupil shall not be admitted or remain as a pupil in the school for the deaf whose ability to hear is customarily sufficient for him or her to attend the public schools provided for normal children. The board, in its discretion, shall establish the age of eligibility for students seeking admission to the schools. No person shall be admitted to either institution as a pupil who is not a bona fide resident of this state or who is not of good moral character.

The State Board of Education shall fix the amount to be paid, and the terms of payment, by pupils in each school for board, and the conditions of admission, subject to the provisions of this chapter; and shall admit free of charges, upon the certificate of the county superintendent of education of any county in the state, all pupils eligible to attend the school, provided the amount appropriated by the Legislature is sufficient properly to care for the same. Each school shall provide requisite facilities for every pupil therein to acquire as complete a literary and musical education as practicable; and shall provide and maintain an industrial department in which expert instruction shall be given in such trades and crafts as may be suited to render the pupil therein self-sustaining in after life.

HISTORY: Codes, 1942, § 6785-06; Laws, 1944, ch. 163, § 7; Laws, 1958, ch. 295; Laws, 1974, ch. 325; Laws, 1990, ch. 535, § 16, eff from and after July 1, 1990.

Cross References —

Transfer of functions of Schools for Deaf and Blind to State Board of Education, see §43-5-1.

§ 43-5-17. Diplomas and certificates of proficiency.

The State Board of Education shall maintain the two (2) schools at as high a grade of work and education as may be practicable, and shall endeavor to give the pupils the same extent and scope of education that the pupils would receive if attending the public schools of this state; and shall have diplomas or certificates granted unto those pupils who have successfully finished the prescribed courses taught.

HISTORY: Codes, 1942, § 6785-07; Laws, 1944, ch. 163, § 8; Laws, 1990, ch. 535, § 17, eff from and after July 1, 1990.

Cross References —

Transfer of functions of Schools for Deaf and Blind to State Board of Education, see §43-5-1.

§ 43-5-19. Repealed.

Repealed by Laws, 1977, ch. 354, eff from and after passage (approved March 14, 1977).

[Codes, Hemingway’s 1917, § 5002; 1930, § 7303; 1942, § 6785-08; Laws, 1910, ch. 131; Laws, 1944, ch. 163, § 9]

Editor’s Notes —

Former §43-5-19 required the board of trustees of the state schools for the blind and deaf to furnish a person graduating from the school for the blind, having acquired skill in a particular trade, with the necessary tools to carry on that trade.

§ 43-5-21. Repealed.

Repealed by Laws, 1992, ch. 338, § 3, eff from and after July 1, 1992.

[Codes, 1942, § 6785-11; Laws, 1956, ch. 286; Laws, 1958, ch. 304, §§ 1-3; Am, Laws, 1990, ch. 535, § 18]

Editor’s Notes —

Former §43-5-21 required the State Board of Education to furnish certain training and employment services for the deaf.

Annual Conference of Representatives

§ 43-5-31. Annual conference of representatives of state and other agencies.

The Department of Education, hereinafter called “department,” shall annually call a conference of representatives of state agencies, other governmental and private agencies, and institutions in the manner set forth by Sections 43-5-31 through 43-5-39 for the general purpose of the coordination of programs relating to the training, education and assistance of blind and deaf citizens of the State of Mississippi.

HISTORY: Laws, 1974, ch. 333, § 1; Laws, 1989, ch. 544, § 151, eff from and after July 1, 1989.

§ 43-5-33. Appointment of director of conference.

The State Superintendent of Education shall appoint a director for this conference who may be an employee of the department or an employee of either the School for the Deaf or the School for the Blind.

HISTORY: Laws, 1974, ch. 333, § 2; Laws, 1989, ch. 544, § 152, eff from and after July 1, 1989.

§ 43-5-35. Notice of conference.

The director shall publish notification of the conference in the following manner:

Not less than thirty (30) days prior to the date of the conference the director shall mail notices of this meeting to the executive officer of any agency or institution of the State of Mississippi which, in the opinion of the board, is charged with or can contribute to the education, training or assistance of blind or deaf citizens of the State of Mississippi. It shall be the duty of such executive officer upon receipt of such notification to attend or appoint an officer or employee of his agency to attend and participate in the conference.

The notice required by this subsection shall include time and place of the conference and reference to Sections 43-5-31 through 43-5-39 regarding the required attendance of a representative from a designated agency.

The director shall cause notice to be published in a newspaper or newspapers having general circulation throughout the state. Such notice shall appear at least three (3) times with the first publication appearing not less than twenty-five (25) days prior to the date of the conference and the last publication appearing not more than five (5) days prior to the date of the conference.

The director is directed and authorized to utilize any mass communication media that may be available at no cost to the board to publicize the conference.

The director shall notify private organizations and persons known to have an interest in the education, training and assistance of the deaf and blind of the meeting and to invite their attendance and participation.

HISTORY: Laws, 1974, ch. 333, § 3, eff from and after Jan 1, 1975.

Cross References —

Transfer of functions of Schools for Deaf and Blind to State Board of Education, see §43-5-1.

§ 43-5-37. Duties of conference director.

The director shall arrange and organize the conference and is charged specifically with the following duties regarding the conference:

The director shall arrange for a meeting hall, seating, public address systems and appurtenant equipment and supplies.

The director shall organize the program and set an agenda for the conference.

The director is authorized to arrange meetings of groups who are concerned with the problems of the blind or the deaf. Such meeting may be held before or during the conference; however, there shall be at least one (1) general session of all participants during the conference.

HISTORY: Laws, 1974, ch. 333, § 4, eff from and after Jan 1, 1975.

Cross References —

Transfer of functions of Schools for Deaf and Blind to State Board of Education, see §43-5-1.

§ 43-5-39. Report of activities and findings of conference.

The board shall include a report of the activities and findings of the conference in the annual report of the Mississippi School for the Deaf and the Mississippi School for the Blind.

HISTORY: Laws, 1974, ch. 333, § 5, eff from and after Jan 1, 1975.

Cross References —

Transfer of functions of Schools for Deaf and Blind to State Board of Education, see §43-5-1.

Chapter 6. Rights and Liabilities of Persons with Disabilities

Article 1. General Provisions.

§ 43-6-1. Definitions.

As used in this article, “blind,” “totally blind,” “visually handicapped,” and “partially blind” mean having central visual acuity not to exceed 20/200 in the better eye, with corrected lenses as measured by the Snellen test, or having visual acuity greater than 20/200, but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle not greater than twenty (20) degrees.

As used in this article, “deaf person” means a person who cannot readily understand spoken language through hearing alone with or without a hearing aid, and who may also have a speech defect which renders his speech unintelligible to most people with normal hearing.

HISTORY: Codes, 1942, § 7158-25; Laws, 1972, ch. 451, § 5; Laws, 1978, ch. 402, § 1, eff from and after passage (approved March 23, 1978); brought forward without change, Laws, 2018, ch. 341, § 4, eff from and after July 1, 2018.

Amendment Notes —

The 2018 amendment brought the section forward without change.

Cross References —

Appointment of interpreter for the deaf in judicial proceedings and custodial situations, see §§13-1-301 et seq.

Identification cards issued to blind persons by the Department of Public Safety to be valid for ten years, see §45-35-7.

Federal Aspects—

Americans with Disabilities Act of 1990, see 42 USCS §§ 12101 et seq.

RESEARCH REFERENCES

Practice References.

Jonathan R. Mook, Americans with Disabilities Act: Public Accommodations and Commercial Facilities (Matthew Bender).

§ 43-6-3. Right to use public facilities.

Blind persons, visually handicapped persons, deaf persons and other physically disabled persons shall have the same right as the able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places.

HISTORY: Codes, 1942, § 7158-21; Laws, 1972, ch. 451, § 1; Laws, 1978, ch. 402, § 2, eff from and after passage (approved March 23, 1978); brought forward without change, Laws, 2018, ch. 341, § 5, eff from and after July 1, 2018.

Amendment Notes —

The 2018 amendment brought the section forward without change.

Cross References —

Installation of ramps at municipal crosswalks for the benefit of the physically handicapped, see §21-37-6.

Implementation and maintenance of post-secondary educational programs of services for hearing-impaired students, see §37-33-81.

Federal Aspects—

Public accommodations under the Americans with Disabilities Act of 1990, see 42 USCS §§ 12101 et seq.

RESEARCH REFERENCES

ALR.

Validity and construction of state statutes requiring construction of handicapped access facilities in buildings open to public. 82 A.L.R.4th 121.

Who is recipient of, and what constitutes program or activity receiving, federal financial assistance for purposes of § 504 of Rehabilitation Act (29 U.S.C.S. § 794), which prohibits any program or activity receiving financial assistance from discriminating on basis of disability. 160 A.L.R. Fed. 297.

When are public entities required to provide services, programs, or activities to disabled individuals under Americans with Disabilities Act, 42 U.S.C.S. § 12132. 160 A.L.R. Fed. 637.

When does a public entity discriminate against individuals in its provision of services, programs, or activities under the Americans with Disabilities Act, 42 U.S.C.S. § 12132. 163 A.L.R. Fed. 339.

Law Reviews.

Gerson and Addison, Handicapped discrimination law and the Americans with Disabilities Act. 11 Miss. C. L. Rev. 233, Spring, 1991.

Irby, The ADA: the employer’s perspective. 11 Miss. C. L. Rev. 263, Spring, 1991.

Mikochik, Employment discrimination against Americans with disabilities. 11 Miss. C. L. Rev. 255, Spring, 1991.

Practice References.

Jonathan R. Mook, Americans with Disabilities Act: Public Accommodations and Commercial Facilities (Matthew Bender).

§ 43-6-5. Right of access to public conveyances and accommodations.

Blind persons, visually handicapped persons, deaf persons and other physically disabled persons shall be entitled to full and equal access, as are other members of the general public, to accommodations, advantages, facilities and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motorbuses, streetcars, boats or any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation, amusement or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law, or state or federal regulation, and applicable alike to all persons.

HISTORY: Codes, 1942, § 7158-22; Laws, 1972, ch. 451, § 2; Laws, 1978, ch. 402, § 3, eff from and after passage (approved March 23, 1978); brought forward without change, Laws, 2018, ch. 341, § 6, eff from and after July 1, 2018.

Amendment Notes —

The 2018 amendment brought the section forward without change.

Cross References —

Appointment of interpreter for the deaf in judicial proceedings and custodial situations, see §§13-1-301 et seq.

Installation of ramps at municipal crosswalks for the benefit of the physically handicapped, see §21-37-6.

Right to be accompanied by service dog, see §43-6-7.

Federal Aspects—

Public accommodations under the Americans with Disabilities Act of 1990, see 42 USCS §§ 12101 et seq.

RESEARCH REFERENCES

ALR.

Contributory negligence of physically handicapped or intoxicated person in boarding or alighting from standing train or car. 30 A.L.R.2d 334.

Validity and construction of state statutes requiring construction of handicapped access facilities in buildings open to public. 82 A.L.R.4th 121.

Who is recipient of, and what constitutes program or activity receiving, federal financial assistance for purposes of § 504 of Rehabilitation Act (29 U.S.C.S. § 794), which prohibits any program or activity receiving financial assistance from discriminating on basis of disability. 160 A.L.R. Fed. 297.

When are public entities required to provide services, programs, or activities to disabled individuals under Americans with Disabilities Act, 42 U.S.C.S. § 12132. 160 A.L.R. Fed. 637.

When does a public entity discriminate against individuals in its provision of services, programs, or activities under the Americans with Disabilities Act, 42 U.S.C.S. § 12132. 163 A.L.R. Fed. 339.

Am. Jur.

13 Am. Jur. 2d, Carriers § 762.

Law Reviews.

Gerson and Addison, Handicapped discrimination law and the Americans with Disabilities Act. 11 Miss. C. L. Rev. 233, Spring, 1991.

Irby, The ADA: the employer’s perspective. 11 Miss. C. L. Rev. 263, Spring, 1991.

Mikochik, Employment discrimination against Americans with disabilities. 11 Miss. C. L. Rev. 255, Spring, 1991.

Practice References.

Jonathan R. Mook, Americans with Disabilities Act: Public Accommodations and Commercial Facilities (Matthew Bender).

§ 43-6-7. Right to be accompanied by guide dog or hearing ear dog.

Every totally or partially blind person and every deaf person shall have the right to be accompanied by a guide dog or hearing ear dog on a blaze orange leash, especially trained for the purpose, in any of the places specified in Section 43-6-5 without being required to pay an extra charge for the guide dog or hearing ear dog on a blaze orange leash. However, such person shall be liable for any damage done to the premises or facilities by such dog.

HISTORY: Codes, 1942, § 7158-23; Laws, 1972, ch. 451, § 3; Laws, 1978, ch. 402, § 4, eff from and after passage (approved March 23, 1978); brought forward without change, Laws, 2018, ch. 341, § 7, eff from and after July 1, 2018.

Amendment Notes —

The 2018 amendment brought the section forward without change.

Cross References —

Mississippi Support Animal Act, §43-6-151 et seq.

Penalty for harassment of guide or leader dogs, see §97-41-21.

§ 43-6-9. Blind and deaf pedestrians.

A totally or partially blind pedestrian or deaf person shall have all the rights and privileges conferred by law upon other persons in any of the places, accommodations, or conveyances specified in Sections 43-6-3 and 43-6-5, notwithstanding the fact that such person is not carrying a predominantly white cane (with or without a red tip), or using a guide dog or hearing ear dog on a blaze orange leash. The failure of a totally or partially blind person or deaf person to carry such a cane or to use such a guide dog or hearing ear dog on a blaze orange leash shall not constitute negligence per se.

HISTORY: Codes, 1942, § 7158-24; Laws, 1972, ch. 451, § 4; Laws, 1978, ch. 402, § 5, eff from and after passage (approved March 23, 1978); brought forward without change, Laws, 2018, ch. 341, § 8, eff from and after July 1, 2018.

Amendment Notes —

The 2018 amendment brought the section forward without change.

Cross References —

Mississippi Support Animal Act, see §43-6-151 et seq.

Provisions of Uniform Highway Traffic Regulation Law as to use of cane or guide dog by blind pedestrian, see §63-3-1111.

§ 43-6-11. Penalties.

Any person or persons, firm or corporation who denies or interferes with admittance to or enjoyment of the public facilities as specified in Sections 43-6-3 and 43-6-5, or otherwise interferes with the rights of a totally or partially blind person, deaf person or other disabled person under Sections 43-6-3 through 43-6-7, shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding one hundred dollars ($100.00) or by imprisonment in the county jail for a period not exceeding sixty (60) days, or by both such fine and imprisonment.

HISTORY: Codes, 1942, § 7158-27; Laws, 1972, ch. 451, § 7; Laws, 1978, ch. 402, § 6, eff from and after passage (approved March 23, 1978).

Cross References —

Penalty for harassment of guide or leader dogs, see §97-41-21.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

RESEARCH REFERENCES

ALR.

Construction and effect of state legislation forbidding discrimination in housing on account of physical handicap. 28 A.L.R.4th 685.

Law Reviews.

Gerson and Addison, Handicapped discrimination law and the Americans with Disabilities Act. 11 Miss. C. L. Rev. 233, Spring, 1991.

Irby, The ADA: the employer’s perspective. 11 Miss. C. L. Rev. 263, Spring, 1991.

Mikochik, Employment discrimination against Americans with disabilities. 11 Miss. C. L. Rev. 255, Spring, 1991.

§ 43-6-13. White Cane Safety Days.

Each year the governor shall publicly proclaim October 15 as White Cane Safety Day. He shall issue a proclamation in which:

Comments shall be made upon the significance of this article.

Citizens of the state are called upon to observe the provisions of this article and to take precautions necessary to the safety of disabled persons.

Citizens of the state are reminded of the policies with respect to disabled persons declared in this article and be urged to cooperate in giving effect to them.

Emphasis shall be made on the need of the citizenry to be aware of the presence of disabled persons in the community and to keep safe and functional for the disabled the streets, highways, sidewalks, walkways, public buildings, public facilities, other public places, places of public accommodation, amusement and resort, and other places to which the public is invited, and to offer assistance to disabled persons upon appropriate occasions.

It is the policy of this state to encourage and enable blind persons, visually handicapped persons, and other physically disabled persons to participate fully in the social and economic life of the state and to engage in remunerative employment.

HISTORY: Codes, 1942, § 7158-26; Laws, 1972, ch. 451, § 6, eff from and after passage (approved May 5, 1972).

§ 43-6-15. Employment in government service.

No person shall be refused employment in state services, the service of political subdivisions of the state, in public schools, or any other employment supported in whole or in part by public funds, by reason of his being blind, visually handicapped, deaf, or otherwise physically handicapped, unless such disability shall materially affect the performance of the work required by the job for which such person applies.

HISTORY: Laws, 1974, ch. 381; Laws, 1978, ch. 402, § 7, eff from and after passage (approved March 23, 1978).

RESEARCH REFERENCES

ALR.

What constitutes handicap under state legislation forbidding job discrimination on account of handicap. 82 A.L.R.4th 26.

What constitutes substantial limitation on major life activity of working for purposes of Americans with Disabilities Act (42 USCS §§ 12101-12213). 141 A.L.R. Fed. 603.

Law Reviews.

Gerson and Addison, Handicapped discrimination law and the Americans with Disabilities Act. 11 Miss. C. L. Rev. 233, Spring, 1991.

Irby, The ADA: the employer’s perspective. 11 Miss. C. L. Rev. 263, Spring, 1991.

Mikochik, Employment discrimination against Americans with disabilities. 11 Miss. C. L. Rev. 255, Spring, 1991.

Article 3. Public Building Facilities for Persons with Disabilities.

§ 43-6-101. Applicability of standards.

The State Building Commission, the boards of supervisors of each county, the governing authorities of each municipality and the governing authorities of all political subdivisions of this state, pursuant to an order of the state board of health, shall cause to be constructed such entrance ramps to facilitate ingress and egress in each public building under the supervision of the said governing bodies, including buildings which presently exist, which are presently under construction, or which may be constructed after July 1, 1972. The standards and specifications set forth in Sections 43-6-103 through 43-6-121 shall apply to all buildings of assembly, educational institutions, office buildings, and other public buildings which are constructed in whole or in part by the use of state, county or municipal funds, or the funds of any instrumentality of the state, except where such compliance is impractical in the opinion of the state board of health. All such buildings and facilities in this state on which design contracts are awarded after July 1, 1972, shall conform to each of the standards and specifications prescribed therein.

HISTORY: Codes, 1942, § 7015-101; Laws, 1972, ch. 516, § 1, eff from and after July 1, 1972.

Editor’s Notes —

Section 31-11-1 provides that wherever the term “State Building Commission” or “Building Commission” appears in the laws of the state of Mississippi, it shall be construed to mean the Governor’s Office of General Services. Section 7-1-451, however, provides that wherever the term “Office of General Services” appears in any law the same shall mean the Department of Finance and Administration.

Cross References —

Installation of ramps at municipal crosswalks for the benefit of the physically handicapped, see §21-37-6.

Federal Aspects—

Public accommodations under the Americans with Disabilities Act of 1990, see 42 USCS §§ 12101 et seq.

RESEARCH REFERENCES

ALR.

Validity and construction of state statutes requiring construction of handicapped access facilities in buildings open to public. 82 A.L.R.4th 121.

Construction and application of Architectural Barriers Act (42 USCS §§ 4151-4157) providing for design and construction of public buildings to accommodate physically handicapped. 78 A.L.R. Fed. 877.

Law Reviews.

Gerson and Addison, Handicapped discrimination law and the Americans with Disabilities Act. 11 Miss. C. L. Rev. 233, Spring, 1991.

Irby, The ADA: the employer’s perspective. 11 Miss. C. L. Rev. 263, Spring, 1991.

Mikochik, Employment discrimination against Americans with disabilities. 11 Miss. C. L. Rev. 255, Spring, 1991.

Practice References.

Jonathan R. Mook, Americans with Disabilities Act: Public Accommodations and Commercial Facilities (Matthew Bender).

§ 43-6-103. Primary entrances.

  1. At least one (1) primary entrance to each building shall be accessible by individuals in wheelchairs from a point of vehicular arrival and such access shall be by means of a walk or walks at least forty-eight (48) inches wide and having a gradient not greater than five percent (5%), or eight and thirty-three one-hundredths percent (8.33%) with handrails. These walks shall be of a continuing surface, not interrupted by steps or abrupt changes in level. Wherever walks cross other walks, driveways, or parking lots they shall blend to a common level. A walk shall have a level platform at the top which is at least five (5) feet by five (5) feet, if a door swings out onto the platform or toward the walk. This platform shall extend at least one (1) foot beyond each side of the doorway. A walk shall have a level platform at least three (3) feet deep and five (5) feet wide, if the door does not swing onto the platform or toward the walk. This platform shall extend at least one (1) foot beyond each side of the doorway.
  2. Each building shall have at least one (1) primary entrance which is accessible to individuals in wheelchairs. In multi-story buildings, such primary entrance shall provide access to an elevator either on a level plane or by ramp.

    Doors shall have a clear opening of no less than thirty-two (32) inches when fully open and shall be operable by a single effort. The floor on the inside and outside of each doorway shall be level for a distance of five (5) feet from the door in the direction the door swings and shall extend one (1) foot beyond each side of the door. Sharp inclines and abrupt changes in level shall be avoided at doorsills. As much as practicable, thresholds shall be flush with the floor.

HISTORY: Codes, 1942, § 7015-102(a, d); Laws, 1972, ch. 516, § 2, eff from and after July 1, 1972.

RESEARCH REFERENCES

ALR.

Validity and construction of state statutes requiring construction of handicapped access facilities in buildings open to public. 82 A.L.R.4th 121.

§ 43-6-105. Public parking.

Where public parking is provided, at least one (1) parking area shall be made accessible to the building by either placing it at the grade level of one (1) floor of the building or providing ramps at curbs or steps between the parking area and the building.

HISTORY: Codes, 1942, § 7015-102(b); Laws, 1972, ch. 516, § 2, eff from and after July 1, 1972.

Cross References —

Enactment of an ordinance reserving parking spaces for handicapped persons, see §27-19-56.

RESEARCH REFERENCES

ALR.

Validity of regulation providing for reserved parking spaces or parking priority on publicly owned property for members of a designated group. 70 A.L.R.3d 1323.

Validity and construction of state statutes requiring construction of handicapped access facilities in buildings open to public. 82 A.L.R.4th 121.

§ 43-6-107. Ramps.

Where ramps are necessary or desired, they shall conform to the following specifications:

The ramp shall not have a slope greater than one (1) foot rise in twelve (12) feet of run, or eight and thirty-three one-hundredths percent (8.33%), or four (4) degrees fifty (50) minutes.

Any such ramp shall have a handrail on at least one (1) side, and preferably two (2) sides. The top of handrails shall be thirty-two (32) inches above the surface of the ramp and shall extend one (1) foot beyond the top and bottom of the ramp.

The ramp shall be at least thirty-two (32) inches wide (inside clear measurements) and have a surface that is nonslip.

If a door swings out onto the platform or toward the ramp, the platform of the ramp shall be at least five (5) feet by five (5) feet. This platform size shall be clear of door swing.

If the door does not swing onto the platform or toward the ramp, this platform shall be at least three (3) feet deep and five (5) feet wide. This platform size shall be clear of door swing.

The bottom of the ramp shall have at least a six-foot level run.

Where the ramp exceeds thirty (30) feet in length, level platforms shall be provided at thirty-foot intervals. Level platforms shall also be provided at turns in the ramp. Platforms shall be at least thirty-two (32) inches wide by five (5) feet long.

HISTORY: Codes, 1942, § 7015-102(c); Laws, 1972, ch. 516, § 2, eff from and after July 1, 1972.

RESEARCH REFERENCES

ALR.

Validity and construction of state statutes requiring construction of handicapped access facilities in buildings open to public. 82 A.L.R.4th 121.

§ 43-6-109. Steps and stairs.

Steps in stairs shall be designed wherever practicable so as not to have abrupt (square) nosing. Stairs shall have handrails thirty-two (32) inches high as measured from the tread at the face of the riser. Stairs shall have at least one (1) handrail that extends at least eighteen (18) inches beyond the top step and beyond the bottom step. Steps should, wherever possible, and in conformation with existing step formulas, have risers that do not exceed seven (7) inches.

HISTORY: Codes, 1942, § 7015-102(e); Laws, 1972, ch. 516, § 2, eff from and after July 1, 1972.

RESEARCH REFERENCES

ALR.

Validity and construction of state statutes requiring construction of handicapped access facilities in buildings open to public. 82 A.L.R.4th 121.

§ 43-6-111. Floors.

Floors shall wherever practicable have a surface that is nonslip. Floors on the same story shall be of a common level throughout or be connected by a ramp in accord with Section 43-6-107.

HISTORY: Codes, 1942, § 7015-102(f); Laws, 1972, ch. 516, § 2, eff from and after July 1, 1972.

RESEARCH REFERENCES

ALR.

Validity and construction of state statutes requiring construction of handicapped access facilities in buildings open to public. 82 A.L.R.4th 121.

§ 43-6-113. Toilet facilities.

  1. An appropriate number of toilet rooms shall be accessible to, and usable by, the physically handicapped and shall have space to allow traffic of individuals in wheelchairs.
  2. Toilet rooms for each sex shall have at least one (1) toilet stall that: (a) is three (3) feet wide; (b) is at least four (4) feet eight (8) inches, preferably five (5) feet deep; (c) has a door (where doors are used) that is thirty-two (32) inches wide and swings out; (d) has handrails on each side, thirty-three (33) inches high and parallel to the floor, one and one-half (11/2) inches in outside diameter, with one and one-half (11/2) inches clearance between rail and wall, and fastened securely at ends and center; and (e) has a water closet with the seat twenty (20) inches from the floor.
  3. Such toilet rooms shall have at least one (1) lavatory with a narrow apron, which when mounted at standard height is usable by individuals in wheelchairs, or shall have lavatories mounted higher, when particular designs demand, so that they are usable by individuals in wheelchairs.
  4. Mirrors and shelves shall be provided above such lavatory at a height as low as practicable and no higher than forty (40) inches above the floor, measured from the top of the shelf and the bottom of the mirror.
  5. Toilet rooms for men which have wall-mounted urinals shall have an appropriate number of such urinals with the opening of the basin nineteen (19) inches from the floor, or shall have floor-mounted urinals that are on level with the main floor of the toilet room.
  6. Toilet rooms shall have an appropriate number of towel racks, towel dispensers, and other dispensers and disposal units mounted with openings of dispensers or receptacles no higher than forty (40) inches from the floor.

HISTORY: Codes, 1942, § 7015-102(g); Laws, 1972, ch. 516, § 2, eff from and after July 1, 1972.

RESEARCH REFERENCES

ALR.

Validity and construction of state statutes requiring construction of handicapped access facilities in buildings open to public. 82 A.L.R.4th 121.

§ 43-6-115. Water supply.

An appropriate number of water fountains or other water dispensing means shall be accessible to, and usable by, the physically disabled. Water fountains or coolers shall have up-front spouts and controls. Water fountains or coolers shall be hand-operated or hand-and-foot operated.

HISTORY: Codes, 1942, § 7015-102(h); Laws, 1972, ch. 516, § 2, eff from and after July 1, 1972.

RESEARCH REFERENCES

ALR.

Validity and construction of state statutes requiring construction of handicapped access facilities in buildings open to public. 82 A.L.R.4th 121.

§ 43-6-117. Elevators.

Where elevators are to be provided, at least one (1) bank of elevators, or one (1) single elevator if installed in single units, shall be accessible to, and usable by, persons with physical disabilities at all levels normally used by the general public. Such bank of elevators or such single elevator shall be designed to allow for traffic by wheelchairs.

HISTORY: Codes, 1942, § 7015-102(i); Laws, 1972, ch. 516, § 2, eff from and after July 1, 1972.

RESEARCH REFERENCES

ALR.

Validity and construction of state statutes requiring construction of handicapped access facilities in buildings open to public. 82 A.L.R.4th 121.

§ 43-6-119. Switches and controls.

Switches and controls for light, heat, ventilation, windows, draperies, elevators, fire alarms, and all similar controls of frequent or essential use shall be placed within the reach of individuals in wheelchairs, and not to exceed forty-eight (48) inches from the floor level.

HISTORY: Codes, 1942, § 7015-102(j); Laws, 1972, § 516, § 2, eff from and after July 1, 1972.

RESEARCH REFERENCES

ALR.

Validity and construction of state statutes requiring construction of handicapped access facilities in buildings open to public. 82 A.L.R.4th 121.

§ 43-6-121. Removal of hazards.

Every effort shall be exercised to obviate all hazards to individuals with physical disabilities.

HISTORY: Codes, 1942, § 7015-102(k); Laws, 1972, ch. 516, § 2, eff from and after July 1, 1972.

RESEARCH REFERENCES

ALR.

Validity and construction of state statutes requiring construction of handicapped access facilities in buildings open to public. 82 A.L.R.4th 121.

§ 43-6-123. Enforcement of article.

The State Board of Health shall be responsible for reviewing plans and specifications of the proposed building or improvements to determine whether the buildings referred to in Section 43-6-101 will be in compliance with this article. The board shall collect a fee from the state, county, municipality or other public agency proposing to contract for the construction, to cover the cost of such review. The fee shall be one-half of one percent (1/2 of 1%) of the estimated cost, with a maximum fee of one hundred dollars ($100.00), calculated and paid on the basis of the engineering estimate or architect’s estimate of the total cost of the particular work or improvement, which estimate is to be furnished to the state board of health along with the plans and specifications.

The State Board of Health shall not require that those state-funded buildings in existence or presently under construction comply with this article, except as to entrance ramps to facilitate ingress and egress; however, all buildings affected by this article on which design contracts are awarded after July 1, 1972, shall comply with such specifications. The state board of health is hereby further authorized to promulgate any rules that, in its discretion, are necessary to perform the duties delegated it by this article.

HISTORY: Codes, 1942, § 7015-103; Laws, 1972, ch. 516, § 3, eff from and after July 1, 1972.

RESEARCH REFERENCES

ALR.

Validity and construction of state statutes requiring construction of handicapped access facilities in buildings open to public. 82 A.L.R.4th 121.

§ 43-6-125. Public buildings designed or equipped to accommodate persons with disabilities to be marked by signs.

All public buildings constructed or remodeled in accordance with the standards and requirements of Sections 43-6-101 through 43-6-123, or containing facilities that are in compliance therewith, shall display a symbol which is white on a blue background. The specifications for this symbol shall be furnished by the state board of health indicating the location of such facilities designed for the physically handicapped. When a building contains an entrance other than the main entrance which is ramped or level for use by the physically handicapped persons, a sign showing its location shall be posted at or near the main entrance which shall be visible from the adjacent public sidewalk or way.

HISTORY: Laws, 1975, ch. 369, eff from and after passage (approved March 20, 1975).

RESEARCH REFERENCES

ALR.

Validity and construction of state statutes requiring construction of handicapped access facilities in buildings open to public. 82 A.L.R.4th 121.

Article 5. Mississippi Support Animal Act.

§ 43-6-151. Short title.

Sections 43-6-151 through 43-6-155 shall be known as and may be cited as the “Mississippi Support Animal Act.”

HISTORY: Laws, 1989, ch. 386, § 1; Laws, 2000, ch. 523, § 1, eff from and after July 1, 2000.

§ 43-6-153. Definitions.

The following words and phrases shall have the meanings ascribed herein unless the context clearly indicates otherwise:

“Mobility impaired person” means any person, regardless of age, who is subject to a physiological defect or deficiency regardless of its cause, nature, or extent that renders the person unable to move about without the aid of crutches, a wheelchair or any other form of support, or that limits the person’s functional ability to ambulate, climb, descend, sit, rise, or to perform any related function.

“Blind” means either of the following:

Vision 20/200 or less in the better eye with proper correction.

Field defect in the better eye with proper correction which contracts the peripheral field so that the diameter of the visual field subtends an angle no greater than twenty (20) degrees.

“Traumatic event” means a life-threatening event such as military combat, natural disaster, terrorist incident, serious accident or violent personal assault of a physical or sexual nature that occurred while an individual was on active duty or deployment as a member of the United States Armed Services.

“Post traumatic stress disorder” or PTSD means an anxiety disorder that occurs following the experience of a frightening, distressing or traumatic event or from witnessing a traumatic event. PTSD is also referred to as “post traumatic stress syndrome” or PTSS.

“Support animal” means an animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. The work done or task performed must be directly related to the individual’s disability and may include, but not be limited to:

Guiding individuals who are visually impaired or blind;

Alerting individuals who are hearing impaired or deaf to an intruder or sounds;

Providing minimal protection or rescue work;

Pulling a wheelchair;

Fetching dropped items;

Detecting the onset of a seizure, and alerting and protecting individuals having a seizure;

Retrieving objects;

Alerting an individual to the presence of allergens;

Providing physical support and assistance with balance and stability to an individual with a mobility disability;

Helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors;

Reminding an individual with mental illness to take prescribed medication;

Calming an individual with post traumatic stress disorder during an anxiety attack; or

Doing other specific work or performing other special tasks.

The term “support animal” includes service animals, guide animals, seeing-eye animals, hearing-ear animals, therapeutic animals, comfort animals and facility animals. However, the term “support animal” does not mean an animal considered a pet, and is limited to a dog or miniature horse.

“Support animal trainer” means a person who trains or raises support animals for individuals with disabilities, whether the person is a professional trainer, or serving as a volunteer with a professional trainer.

HISTORY: Laws, 1989, ch. 386, § 2, eff from and after July 1, 1989; Laws, 2018, ch. 341, § 1, eff from and after July 1, 2018.

Amendment Notes —

The 2018 amendment added (c) through (f).

§ 43-6-155. Support animals’ access to public places; limitations.

  1. Any blind person, mobility impaired person, armed services veteran diagnosed with PTSD or hearing impaired person who uses a support animal specifically trained as a guide, leader, listener or for any other necessary assistance in day-to-day activities shall be entitled to the full and equal accommodations, advantages, facilities and privileges of all public conveyances, hotels, lodging places, businesses open to the public for the sale of any goods or services and all places of public accommodation, amusement, or resort and other places to which the general public is invited, and may take the support animal into conveyances and places, subject only to the conditions and limitations applicable to all persons not so accompanied, except that:
    1. The support animal shall not occupy a seat in any public conveyance.
    2. The support animal shall be upon a leash or otherwise sufficiently restrained in a manner appropriate for the animal while using the facilities of a common carrier.
  2. Support animal trainers shall have the same rights of accommodations, advantages, facilities and privileges with support animals-in-training as those provided to blind persons, mobility impaired persons, hearing impaired persons or veterans diagnosed with PTSD with support animals under this section.
  3. No person shall deprive a blind person, mobility impaired person, hearing impaired person, veteran diagnosed with PTSD or a support animal trainer of any of the advantages, facilities or privileges provided in this section, nor charge such blind person, mobility impaired person, hearing impaired person, veteran diagnosed with PTSD or support animal trainer a fee or charge for the use of the animal.

HISTORY: Laws, 1989, ch. 386, § 3; Laws, 1999, ch. 478, § 1; Laws, 2000, ch. 523, § 2, eff from and after July 1, 2000; Laws, 2018, ch. 341, § 2, eff from and after July 1, 2018.

Amendment Notes —

The 2018 amendment, substituted “support animal” for “dog or other animal” everywhere it appears in (1), (1)(a) and (1)(b); in the introductory paragraph of (1), inserted “armed services veteran diagnosed with PTSD,” and substituted “other necessary assistance in day-to-day” for “other assistance necessary to assist such blind, mobility impaired or hearing impaired person in day-to-day”; in (2), substituted “Support animal trainers shall” for “Trainers of support dogs and other support animals shall,” inserted “persons” following “blind” and “mobility impaired” and made a related change, and inserted “or veterans diagnosed with PTSD”; in (3), inserted “person” following “blind” and “mobility impaired” twice and inserted “veteran diagnosed with PTSD” twice.

Cross References —

Right of blind or deaf person to be accompanied by guide dog or hearing ear dog, see §43-6-7.

Provisions of Uniform Highway Traffic Regulation Law as to use of guide dog by blind pedestrian, see §63-3-1111.

Penalty for harassment of guide or leader dogs, see §97-41-21.

Article 7. Use of Respectful References to Persons With Disabilities.

§ 43-6-171. Legislative drafting offices and state agencies to use certain respectful references to persons with disabilities in the preparation of legislation and rules.

  1. The Legislature recognizes that language used in reference to individuals with disabilities shapes and reflects society’s attitudes towards people with disabilities. Many of the terms currently used diminish the humanity and natural condition of having a disability. Certain terms are demeaning and create an invisible barrier to inclusion as equal community members. The Legislature finds it necessary to clarify preferred language for new and revised laws and rules by requiring the use of terminology that puts the person before the disability.
  2. The legislative drafting offices of the House and Senate are directed to avoid all references to the terms “disabled,” “developmentally disabled,” “mentally disabled,” “mentally ill,” “mentally retarded,” “handicapped,” “cripple” and “crippled,” in any new statute, memorial or resolution, and to change those references in any existing statute, memorial or resolution as sections including those references are otherwise amended by law. The drafting offices are directed to replace the terms referenced above as appropriate with the following revised terminology: “persons with disabilities,” “persons with developmental disabilities,” “persons with mental illness” and “persons with intellectual or cognitive disabilities.”
  3. No statute, memorial or resolution is invalid because it does not comply with this section.
  4. All state agency orders creating new rules, or amending existing rules, shall be formulated in accordance with the requirements of subsection (1) of this section regarding the use of respectful language.
  5. No agency rule is invalid because it does not comply with this section.

HISTORY: Laws, 2005, ch. 474, § 1; Laws, 2010, ch. 476, § 69; Laws, 2015, ch. 460, § 1, eff from and after July 1, 2015.

Amendment Notes —

The 2010 amendment substituted “with an intellectual disability” for “with mental retardation” at the end of (2).

The 2015 amendment, in (2), substituted “persons” for “individuals” throughout, inserted “or cognitive” preceding “disabilities” at the end, and made minor stylistic changes.

Article 9. Competitive Employment Opportunities for Persons with Disabilities.

§ 43-6-201. Legislative findings and purpose.

The Mississippi Legislature finds that the benefits of meaningful work have significance and importance to all working-age persons, including persons with disabilities. In order to achieve meaningful and competitive employment for persons with disabilities, employment opportunities in fully integrated work settings shall be, to the extent practicable, the first and priority option explored in planning and providing services and supports for working-age persons with disabilities.

HISTORY: Laws, 2015, ch. 469, § 1, eff from and after July 1, 2015.

§ 43-6-203. Definitions.

As used in this article, the following words shall have the following meaning, unless the context otherwise requires:

“Competitive employment” means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which a person with a disability is compensated in a manner consistent with applicable wage-and-hour laws. Pay shall be comparable to the customary wage and level of benefits paid by the employer for the same or similar work performed by persons without disabilities.

“Disability” means, with respect to a person, a physical or mental impairment that substantially limits one or more major life activities of such person as defined in the Americans with Disabilities Act of 1990, as amended. A “disability” does not include brief periods of intoxication caused by alcohol or drugs or dependence upon or addiction to any alcohol or drugs.

“Integrated setting” means a setting typically found in the community in which persons with disabilities interact with persons without disabilities (other than disability service providers) to a comparable extent that persons without disabilities in comparable positions interact with other persons.

“Working age” means fourteen (14) years of age or older in accordance with Section 71-7-17.

HISTORY: Laws, 2015, ch. 469, § 2, eff from and after July 1, 2015.

Federal Aspects—

Americans with Disabilities Act of 1990 generally, see 42 USCS § 12101 et seq.

§ 43-6-205. Competitive employment opportunities in fully integrated work settings to be considered first and priority option when planning or providing services and supports to persons with disabilities.

It is declared to be the policy of this state that competitive employment in an integrated setting shall be, to the extent practicable, considered the first and priority option when planning or providing services and supports to persons with disabilities who are of working age. All state agencies that provide services and support to persons with disabilities, and/or employment-related services, shall, using available resources, follow this policy and ensure that it is effectively implemented in their programs and services; however, nothing in this article shall supersede any agency’s ability to fulfill the agency’s duties and requirements mandated by federal statutes. Nothing in this article shall be construed to limit or disallow any disability benefits to which a person with a disability who is unable to be employed as contemplated by this article would otherwise be entitled. Nothing in this article shall be construed to require any state agency or other employer to give preference to hiring persons with disabilities or to prohibit any employment relationship or program that is otherwise permitted under applicable law. Any person with a disability who is employed by a state agency must meet the minimum qualifications and requirements for the position in which the person is employed.

HISTORY: Laws, 2015, ch. 469, § 3, eff from and after July 1, 2015.

§ 43-6-207. Implementation of policy by state agencies.

  1. All state agencies that provide services to persons with disabilities and/or employment services shall coordinate efforts and shall collaborate within and among such agencies to ensure that state programs, policies, procedures and funding support competitive employment in integrated settings for persons with disabilities who are of working age. All such state agencies shall, whenever feasible, share data and information across systems in order to track progress toward full implementation of this article. All such state agencies are encouraged to adopt measurable goals and objectives to promote assessment of progress in implementing this article.
  2. State agencies are authorized to adopt rules and regulations to implement this article.

HISTORY: Laws, 2015, ch. 469, § 4, eff from and after July 1, 2015.

§ 43-6-209. Oversight of implementation of policy by Disability Resource Commission.

The Disability Resource Commission as described in Section 43-30-1 is directed to provide the monitoring and oversight of the implementation of this article by state agencies.

HISTORY: Laws, 2015, ch. 469, § 5, eff from and after July 1, 2015.

§ 43-6-211. Article not to prohibit appropriate use of certain other employment options, or require expenditure of funds or grant enforceable right or cause of action.

  1. Nothing in this article shall be interpreted to prohibit the appropriate use of programs known as center-based employment, employment centers, skill development centers, vocational rehabilitation centers, and/or other employment options.
  2. Nothing in this article shall be interpreted to require the expenditure of funds on any particular program or at any particular level or to grant any person or organization a judicially enforceable right or cause of action.

HISTORY: Laws, 2015, ch. 469, § 7, eff from and after July 1, 2015.

Chapter 7. Council on Aging

In General

§ 43-7-1. Department of Human Services to be Council on Aging.

The Department of Human Services shall be the Council on Aging and shall retain all powers and duties granted by law to the Council on Aging, and wherever the term “Council on Aging” appears in any law the same shall mean the Department of Human Services.

HISTORY: Codes, 1942, § 8960-01; Laws, 1964, ch. 441, § 1; Laws, 1989, ch. 544, § 104, eff from and after July 1, 1989.

Cross References —

General provisions regarding the reorganization of the executive branch of government, see §§7-17-1 et seq.

Department of Human Services, State Board of Human Services, and Executive Director of Department of Human Services, see §43-1-2.

Old age assistance, see §§43-9-1 et seq.

RESEARCH REFERENCES

Practice References.

Eric M. Carlson, Long-Term Care Advocacy (Matthew Bender).

Elder Law Library (CD-ROM) (Matthew Bender).

§§ 43-7-3 and 43-7-5. Repealed.

Repealed by Laws, 1989, ch. 544, § 106, eff from and after July 1, 1989.

§43-7-3. [Codes, 1942, § 8960-02; Laws, 1964, ch. 441, § 2; Laws, 1984, ch. 488, §§ 311, 312]

§43-7-5. [Codes, 1942, § 8960-03; Laws, 1964, ch. 441, § 3]

Editor’s Notes —

Former §43-7-3 specified the membership of the council on aging.

Former §43-7-5 specified the terms of members of the council.

§ 43-7-7. Duties of Department of Human Services.

The Department of Human Services shall be responsible for the collection of data and statistics and for making a continuing study of conditions affecting the general welfare of the aging population; for providing for an inter-agency and inter-departmental exchange of ideas; for encouraging and assisting in the development of programs for the aging in municipalities and counties of the state, including elder rights leadership; for cooperation with public and private agencies and departments in coordinating programs for the aging; for encouraging and promoting biological, physiological and sociological research; for making recommendations for residential housing and needed nursing and custodial care facilities.

HISTORY: Codes, 1942, § 8960-04; Laws, 1964, ch. 441, § 4; Laws, 1989, ch. 544, § 105; Laws, 2017, ch. 344, § 1, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment inserted “including elder rights leadership” near the middle of the section.

Cross References —

Provisions relating to the governor, see §§7-1-1 et seq.

Department of Human Services, State Board of Human Services, and Executive Director of Department of Human Services, see §43-1-2.

Transfer of functions of Council on Aging to the Department of Human Services, see §43-7-1.

Regulation of Medicare supplement insurance, see §§83-9-101 et seq.

§§ 43-7-9 and 43-7-11. Repealed.

Repealed by Laws, 1989, ch. 544, § 106, eff from and after July 1, 1989.

§43-7-9. [Codes, 1942, § 8960-05; Laws, 1964, ch. 441, § 5]

§43-7-11. [Codes, 1942, § 8960-06; Laws, 1964, ch. 441, § 6; Laws, 1970, ch. 365, § 1; Laws, 1982, ch. 393, § 1]

Editor’s Notes —

Former §43-7-9 authorized the appointment of an executive director, and designated the council as the state agency to handle programs of federal government relating to the aging.

Former §43-7-11 specified the compensation of members of the council.

Long-Term Care Facilities Ombudsman Act

§ 43-7-51. Short title.

Sections 43-7-51 through 43-7-79 shall be known as the “Long-Term Care Facilities Ombudsman Act.”

HISTORY: Laws, 1988, ch. 592, § 1, eff from and after July 1, 1988.

Editor’s Notes —

Sections 43-7-78 and 43-7-79 referred to in this and following sections were repealed by their own terms on June 30, 1993.

RESEARCH REFERENCES

Practice References.

Eric M. Carlson, Long-Term Care Advocacy (Matthew Bender).

§ 43-7-53. Office of State Long-term Care Facilities Ombudsman.

  1. There is created by the Mississippi Council on Aging within the Division of Aging and Adult Services the independent organizational unit called the Office of the State Long-Term Care Facilities Ombudsman as provided by the Older Americans Act of 1965, as amended, 42 USCS 3001, which is headed by a State Ombudsman.
  2. The council shall establish the qualifications of the state representatives of the Office of the State Long-Term Care Facilities Ombudsman.
  3. There shall be a position of legal assistance developer within the council who is a member in good standing with The Mississippi Bar who will assist the State Ombudsman in carrying out the duties to protect the health, safety, rights and welfare of residents and provide adequate administrative and legal representation on behalf of residents of Long-Term care facilities in a manner free of conflict of interest.

HISTORY: Laws, 1988, ch. 592, § 2; Laws, 2017, ch. 344, § 2, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment rewrote (1), which read: “There is hereby established within the Mississippi Council on Aging, the Office of the State Long-term Care Facilities Ombudsman as provided by the Older Americans Act of 1965, as amended, 42 U.S.C.S. 3001”; rewrote (2), which read: “The council shall establish the qualifications of state and community ombudsmen”; and added (3).

Cross References —

Transfer of functions of Council on Aging to the Department of Human Services, see §43-7-1.

Duties of the office created under this section, see §43-7-57.

RESEARCH REFERENCES

Practice References.

Eric M. Carlson, Long-Term Care Advocacy (Matthew Bender).

§ 43-7-55. Definitions.

For the purposes of Sections 43-7-51 through 43-7-79, the following words shall have the definitions ascribed herein:

“Administrator” means any person charged with the general administration or supervision of a long-term care facility without regard to whether such person has an ownership interest in such facility or to whether such person’s functions and duties are shared with one or more other persons;

“Representatives of the Office of the State Long-Term Care Facilities Ombudsman” means the district or local employees or volunteers selected by an area agency on aging who are then trained and designated as such by the State Ombudsman under Section 43-7-59;

“Council” means the Mississippi Council on Aging;

“Long-term care facility” means any skilled nursing facility, extended care home, intermediate care facility, personal care home or boarding home which is subject to regulation or licensure by the State Department of Health;

“Resident” means any resident, prospective resident, prior resident or deceased resident of any long-term care facility;

“Sponsor” means an adult relative, friend or guardian who has a responsibility in the resident’s welfare;

“State Ombudsman” means the State Long-Term Care Facilities Ombudsman;

“State Ombudsman Program” means the program that carries out the duties and functions of the Office of the State Long-Term Care Facilities Ombudsman, which consists of the State Ombudsman, the Office of the State Long-Term Care Facilities Ombudsman and the representatives of the Office of the State Long-Term Care Facilities Ombudsman;

“Area agency on aging” means those grantees of the council which are charged with the local administration of the Older Americans Act.

HISTORY: Laws, 1988, ch. 592, § 3; Laws, 2017, ch. 344, § 3, eff from and after July 1, 2017.

Editor’s Notes —

Sections 43-7-78 and 43-7-79, referred to in this section, were repealed by their own terms, on June 30, 1993.

Amendment Notes —

The 2017 amendment rewrote (b), which read: “‘Community ombudsman’ means a person selected by an area agency on aging who is then trained and certified as such by the council pursuant to Section 43-7-59”; and rewrote (h), which read: “‘Ombudsman’ means the State Ombudsman or any community ombudsman.”

Cross References —

Transfer of functions of Council on Aging to the Department of Human Services, see §43-7-1.

Long-term care facility as defined in this section as “care facility” for purposes of Vulnerable Persons Act, see §43-47-5.

Required reporting of abuse or exploitation of patients and residents of long-term care facility, see §43-47-37.

Federal Aspects—

Older Americans Act of 1965, see generally 42 USCS § 3001 et seq.

§ 43-7-57. Duties of office.

The duties of the Office of the State Long-Term Care Facilities Ombudsman, as created under Section 43-7-53, shall be:

The establishment of a procedure to have regular and timely access to the services provided by the State Ombudsman Program and to receive, investigate and resolve complaints filed by residents or sponsors or organizations or long-term care facilities on behalf of residents of long-term care facilities relating to the health, safety, welfare and rights of such residents and to represent the interests of residents before governmental agencies;

The monitoring of the development and implementation of federal, state and local laws, regulations and policies with respect to long-term care facilities and to analyze, comment on and recommend any changes in such laws, regulations and policies as the Office of the State Long-Term Care Facilities Ombudsman deems appropriate;

The establishment of a training program for both the state and community ombudsmen;

To provide public forums, including the holding of public hearings, sponsorships of conferences and workshops, and the holding of other meetings to seek information concerning the needs and problems of residents in long-term care facilities;

The establishment and maintenance of a statewide uniform reporting system to collect and analyze data relating to complaints and conditions in long-term care facilities for the purpose of identifying and resolving significant problems faced by residents as a group;

The submission of an annual report to the State Department of Health, the United States Assistant Secretary for Aging (ACL/AOA), Executive Director of the Council and the State Legislature, which shall include statistical information about the state and community long-term care facilities ombudsman programs, shall identify systemic problems in long-term care facilities that cannot be adequately addressed by state and local agencies, and shall include recommendations for legislative or executive action to alleviate any systemic problems;

The testing and designation of the representatives of the Office of the State Long-Term Care Facilities Ombudsman;

The development of an ongoing program of publicizing programs designated by the Office of the State Long-Term Care Facilities Ombudsman and by the community long-term care facilities ombudsman through contact with the media and civic organizations;

The development of policies and regulations related to the use of volunteers in the program; and

Other duties as mandated by the Older Americans Act of 1965, as amended.

HISTORY: Laws, 1988, ch. 592, § 4; Laws, 2017, ch. 344, § 4, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment, in (a), inserted “have regular and timely access to the services provided by the State Ombudsman Program and to” near the beginning and added “and to represent…governmental agencies” at the end; added “and to analyze…deems appropriate” at the end of (b); inserted “the United States…and the State Legislature” in (f); rewrote (g), which read: “The testing and certification of ombudsmen”; and deleted “and to assure that the responsibility and authority of volunteers shall be restricted to activities which do not involve access to patient or facility records” from the end of (i).

Cross References —

Transfer of functions of Council on Aging to the Department of Human Services, see §43-7-1.

Federal Aspects—

Older Americans Act of 1965, see generally 42 USCS § 3001 et seq.

RESEARCH REFERENCES

Practice References.

Eric M. Carlson, Long-Term Care Advocacy (Matthew Bender).

§ 43-7-59. Certification of community Long-term Care Facilities Ombudsman programs.

  1. The Office of the State Long-Term Care Facilities Ombudsman shall designate and refuse, suspend or remove designation of representatives of the Office of the State Long-Term Care Facilities Ombudsman in particular where a conflict of interest cannot be resolved, except that community long-term care facilities ombudsman programs existing on July 1, 1988, shall be designated unless the Office of the State Long-Term Care Facilities Ombudsman determines that the existing community program no longer meets the requirement of Sections 43-7-51 through 43-7-79.
  2. The State Ombudsman shall specify standards for the designation and operation of community ombudsman programs and establish a grievance process.

HISTORY: Laws, 1988, ch. 592, § 5; Laws, 2017, ch. 344, § 5, eff from and after July 1, 2017.

Editor’s Notes —

Sections 43-7-78 and 43-7-79, referred to in this section, were repealed by their own terms, on June 30, 1993.

Amendment Notes —

The 2017 amendment, in (1), substituted “shall designate and refuse, suspend or remove designation of representatives of the Office of the State Long-Term Care Facilities Ombudsman in particular where a conflict of interest cannot be resolved” for “shall certify community long-term care facilities ombudsman programs” and “shall be designated” for “shall be certified”; and rewrote (2), which read: “The council shall specify standards for the certification and operation of community ombudsman programs.”

Cross References —

Transfer of functions of Council on Aging to the Department of Human Services, see §43-7-1.

Application of this section to the definition of “community ombudsman”, see §43-7-55.

§ 43-7-61. Community Long-term Care Facilities Ombudsmen training and certification program; community advisory committee; ombudsman identification card.

  1. The Office of the State Long-Term Care Facilities Ombudsman shall establish a training and certification program. The State Ombudsman shall specify by rule the content of the training program. Each long-term care facilities ombudsman program shall bear the cost of training its own employees.
  2. The State Ombudsman shall establish minimum qualifications and recertification requirements for representatives of the Office of the State Long-Term Care Facilities Ombudsman. Such training shall include instruction in at least the following subjects as they relate to long-term care:
    1. The responsibilities and duties of community ombudsmen;
    2. The laws and regulations governing the receipt, investigation and resolution of issues of the well-being of a resident;
    3. The role of local, state and federal agencies that regulate long-term care facilities;
    4. The different kinds of long-term care facilities in Mississippi and the services provided in each kind;
    5. The special needs of the elderly and of the physically and mentally handicapped;
    6. The role of the family, the sponsor, the legal representative, the physician, the church, and other public and private agencies, and the community;
    7. How to work with long-term care facility staff;
    8. The aging process and characteristics of the long-term care facility resident or institutionalized elderly;
    9. Familiarity with and access to information concerning the laws and regulations governing Medicare, Medicaid, Social Security, Supplemental Security Income, the Veterans Administration and Workers’ Compensation; and
    10. The training program shall include an appropriate internship to be performed in a long-term care facility.
  3. Persons selected by area agencies on aging who have satisfactorily completed the training arranged by the State Ombudsman shall be designated as representatives of the Office of the State Long-Term Care Facilities Ombudsman by the State Ombudsman.
  4. Each area agency on aging may appoint an advisory committee to advise it in the operation of its community ombudsman program. The number and qualifications of members of the advisory committee shall be determined by the area agency on aging.
  5. Ombudsmen who have successfully completed the training and certification program under this section shall be given identification cards which shall be presented to employees of a long-term care facility upon request.

HISTORY: Laws, 1988, ch. 592, § 6; Laws, 2017, ch. 344, § 6, eff from and after July 1, 2017.

Amendment Notes —

The 2017 amendment substituted “State Ombudsman” for “council” in the second sentence of (1); rewrote the first sentence of (2), which read: “The State Ombudsman shall arrange for the training of all prospective community ombudsmen selected by area agencies on aging”; and substituted “shall be designated as representatives of the Office of the State Long-Term Care Facilities Ombudsman by the State Ombudsman” for “shall be certified as community ombudsmen by the council” in (3).

Cross References —

Transfer of functions of Council on Aging to the Department of Human Services, see §43-7-1.

§ 43-7-63. Duties of community ombudsman.

The duties of the community ombudsman shall be:

The investigation of complaints filed by residents, sponsors, organizations or long-term care facilities on behalf of residents of long-term care facilities relating to the health, safety, welfare and rights of a resident and to ensure that residents have regular and timely access to the services of the State Ombudsman Program without inappropriate disclosure of resident-identifying information.

The pursuit of efforts to resolve complaints informally and represent residents before governmental agencies.

The reviewing of the development and implementation of federal, state and local laws, regulations and policies relating to long-term care and, if appropriate, to comment on those laws, regulations and policies.

The training of volunteers:

Training of volunteers shall be approved by the State Long-Term Care Facilities Ombudsman as appropriate to the level of responsibility of the volunteer, and shall be carried out in accordance with the training manual developed by the Office of the State Long-Term Care Facilities Ombudsman;

Volunteers who have met the training and designation requirements appropriate to their level of responsibility shall be given identification cards which shall be presented to employees of a long-term care facility upon request;

No volunteer shall perform any of the duties enumerated by Sections 43-7-51 through 43-7-79 prior to completion of the training and designation program, except as a supervised portion of that training program.

The providing of public forums, scheduling of public hearings, sponsoring of conferences and workshops, and conducting other meetings to gather, disseminate and discuss information relative to the needs and problems of the residents in long-term care facilities as requested by resident and family councils.

The encouragement and assistance in the development and operation of referral services which can provide current, valid and reliable information on long-term care facilities and alternatives to institutionalization for persons in need of these services.

The submission of reports as required by the Office of the State Long-Term Care Facilities Ombudsman.

The development of an ongoing program of publicity concerning the purposes and mode of operation of the long-term care facilities ombudsman program through contact with the media and civic organizations.

HISTORY: Laws, 1988, ch. 592, § 7; Laws, 2017, ch. 344, § 7, eff from and after July 1, 2017.

Editor’s Notes —

Sections 43-7-78 and 43-7-79, referred to in this section, were repealed by their own terms, on June 30, 1993.

Amendment Notes —

The 2017 amendment added “and to ensure that residents…resident-identifying information” at the end of (a); added “and represent residents before governmental agencies” in (b); in (c), substituted “reviewing” for “monitoring” and added “and, if appropriate, to comment on those laws, regulations and policies”; in (d), substituted “designation” for “certification” in (ii), and inserted “and designation” in (iii); and added “as requested by resident and family councils” at the end of (e).

Cross References —

Transfer of functions of Council on Aging to the Department of Human Services, see §43-7-1.

Additional powers and duties of community ombudsmen, see §43-7-77.

§ 43-7-65. Investigations by ombudsman; referral of complaints to appropriate agencies.

  1. Investigative activities of the ombudsman shall include, but not be limited to: information gathering, mediation, negotiation, informing concerned parties of alternative remedies, reporting of suspected violations to appropriate licensing or certifying agencies and reporting of suspected criminal violations to the appropriate law enforcement authorities. The State Ombudsman Program is excluded from the abuse reporting requirements in Sections 43-47-7 and 43-47-37 without appropriate resident informed consent or a court order.
  2. The ombudsman need not investigate any complaint upon determining that:
    1. The complaint is trivial, frivolous, vexatious, delayed or made in bad faith;
    2. The resources available, considering the established priorities, are insufficient for an adequate investigation;
    3. The matter complained of is not within the investigatory authority of the community long-term care facilities ombudsman program; or
    4. A real or apparent conflict of interest exists and no other ombudsman is available to investigate the complaint in an impartial manner.
  3. If a determination is made by a community long-term care facilities ombudsman not to investigate any complaint, then the complaint shall be referred to the Office of the State Long-Term Care Facilities Ombudsman which shall make a final decision as to whether the matter warrants further investigation.
  4. The ombudsman shall have access to any long-term care facility or any and all residents of such a facility for the purposes of an investigation under this section or for the purpose of carrying out other duties specified by Sections 43-7-51 through 43-7-79. The ombudsman may enter the facility at a time appropriate to the complaint. The visit may be announced in advance or such visit regarding the complaint under investigation may be unannounced. The clinical record of a resident may be examined by a representative of the State Ombudsman, with the permission of the resident or the resident’s legal representative. Any copy of the clinical record examined under this provision shall not be removed from the nursing facility unless written authorization is obtained from the patient or the patient’s legal representative.
    1. The State Long-Term Care Facilities Ombudsman shall develop referral procedures that will adhere to the disclosure requirements of the State Ombudsman Program for all long-term care facilities programs to refer any complaint to any appropriate state or local government agency. The agency shall act as quickly as possible on any complaint referred to it by a long-term care facilities ombudsman.
    2. If the complaint is referred to a government agency by a long-term care facilities ombudsman, that ombudsman shall be kept advised and shall be notified in writing in a timely manner by the government agency of the disposition of the referred complaint.

HISTORY: Laws, 1988, ch. 592, § 8; Laws, 1990, ch. 492, § 1; Laws, 2017, ch. 344, § 8, eff from and after July 1, 2017.

Editor’s Notes —

Sections 43-7-78 and 43-7-79, referred to in this section, were repealed by their own terms, on June 30, 1993.

Amendment Notes —

The 2017 amendment added the last sentence of (1); inserted “or any and all residents of such a facility” in the first sentence of (4); and inserted “that will adhere to the disclosure requirements of the State Ombudsman Program” in (5)(a).

Cross References —

Transfer of functions of Council on Aging to the Department of Human Services, see §43-7-1.

Application of this section to an ombudsman’s right of access to a long-term care facility, see §43-7-67.

RESEARCH REFERENCES

Practice References.

Eric M. Carlson, Long-Term Care Advocacy (Matthew Bender).

§ 43-7-67. Access to long-term care facilities by ombudsman.

  1. Except during the course of an investigation carried out under Section 43-7-65, ombudsmen shall have access to long-term care facilities for the purposes of carrying out the duties enumerated by Sections 43-7-51 through 43-7-79 during reasonable hours or at other times with the prior approval of the administrator of the long-term care facility. Access shall mean:
    1. Access to the long-term care facility;
    2. Private communication with residents and their sponsors; and
    3. The right to tour the long-term care facility unescorted.
  2. No person shall discriminate, retaliate or engage in willful interference against any resident, immediate family, resident representative or an employee of a long-term care facility due to making a complaint or giving information in good faith to the State Ombudsman Program.
  3. Any person convicted of violating any provision of this section shall be guilty of a misdemeanor.

HISTORY: Laws, 1988, ch. 592, § 9; Laws, 2017, ch. 344, § 9, eff from and after July 1, 2017.

Editor’s Notes —

Sections 43-7-78 and 43-7-79, referred to in this section, were repealed by their own terms, on June 30, 1993.

Amendment Notes —

The 2017 amendment added (2) and (3).

Cross References —

Transfer of functions of Council on Aging to the Department of Human Services, see §43-7-1.

§ 43-7-69. Confidentiality of records; policies and procedures.

The State Ombudsman shall establish policies and procedures with regard to confidentiality of resident, long-term care facility and government agency records. These policies and procedures shall ensure that:

Any ombudsman shall not disclose the identity of any resident or complainant unless the resident or complainant or the legal representative of either specifically consents in writing to the disclosure.

The investigatory files of any long-term care facilities ombudsman program shall be maintained as confidential information and may only be disclosed at the discretion of the State Ombudsman or their designee for such purposes set by criteria of the State Ombudsman, except as necessary for the preparation of statistical data, as required to carry out the duties of Sections 43-7-51 through 43-7-79, or as required pursuant to a court order.

HISTORY: Laws, 1988, ch. 592, § 10; Laws, 2017, ch. 344, § 10, eff from and after July 1, 2017.

Editor’s Notes —

Sections 43-7-78 and 43-7-79, referred to in this section, were repealed by their own terms, on June 30, 1993.

Amendment Notes —

The 2017 amendment substituted “The State Ombudsman” for “Each long-term care facilities ombudsman program” at the beginning of the section; and inserted “and may only be disclosed…criteria of the State Ombudsman” in (b).

Cross References —

Transfer of functions of Council on Aging to the Department of Human Services, see §43-7-1.

§ 43-7-71. Investigation participants immune from liability; protected participants and practices.

Individuals participating in an investigation carried out pursuant to Sections 43-7-51 through 43-7-79 shall be immune from any civil liability that otherwise might result by reason of their participation in the investigation as long as such participation is done in good faith. Protected participants and practices shall include:

Any person who participates in the registering of a complaint under Sections 43-7-51 through 43-7-79;

Any ombudsman who investigates a complaint filed pursuant to Sections 43-7-51 through 43-7-79;

Any person who provides access to an ombudsman in the course of an investigation;

Any person who provides evidence during the course of an investigation;

Any person who participates in an administrative or judicial proceeding resulting from a complaint filed pursuant to Sections 43-7-51 through 43-7-79; and

Any communications by an ombudsman if reasonably related to the requirements of that individual’s responsibilities under Sections 43-7-51 through 43-7-79.

HISTORY: Laws, 1988, ch. 592, § 11, eff from and after July 1, 1988.

Editor’s Notes —

Sections 43-7-78 and 43-7-79, referred to in this section, were repealed by their own terms, on June 30, 1993.

Cross References —

Transfer of functions of Council on Aging to the Department of Human Services, see §43-7-1.

§ 43-7-73. Immunity from liability for ombudsman’s acts causing injury.

No long-term care facility covered by Sections 43-7-51 through 43-7-79, its owners, administrator, officers, directors, agents, consultants, employees or any member of management, shall be held civilly liable to any patient, family member of a patient or other third party for any act of omission or commission made by any ombudsman working or appointed with or without compensation including a volunteer ombudsman that causes any injury to a patient.

HISTORY: Laws, 1988, ch. 592, § 12, eff from and after July 1, 1988.

Editor’s Notes —

Sections 43-7-78 and 43-7-79, referred to in this section, were repealed by their own terms, on June 30, 1993.

Cross References —

Transfer of functions of Council on Aging to the Department of Human Services, see §43-7-1.

RESEARCH REFERENCES

ALR.

Valuing damages in personal injury actions awarded for gratuitously rendered nursing and medical care. 49 A.L.R.5th 685.

§ 43-7-75. Authority to establish additional committees.

The Office of the State Long-term Care Facilities Ombudsman may establish committees to assist in carrying out the programs and duties of such office.

HISTORY: Laws, 1988, ch. 592, § 13, eff from and after July 1, 1988.

Cross References —

Transfer of functions of Council on Aging to the Department of Human Services, see §43-7-1.

§ 43-7-77. Additional powers and duties of ombudsmen; agencies to cooperate.

  1. The ombudsman may request information, cooperation and assistance from any government agency, and the agency is hereby authorized and directed to provide cooperation, assistance or information that will enable the ombudsman to properly perform any of his functions, duties and powers under the provisions of Sections 43-7-51 through 43-7-79.
  2. All advocacy organizations and organizations similar in nature to the long-term care facilities ombudsman program which receive funding or official designation from the state shall cooperate with the long-term care facilities ombudsman.
  3. The Office of the State Long-Term Care Facilities Ombudsman shall maintain a close working relationship with the legal assistance developer of the Mississippi Council on Aging through adoption of memoranda of understanding.
  4. The long-term care facilities ombudsman shall seek to establish effective coordination between programs which provide legal services for the elderly, including, but not limited to, programs funded by the Federal Legal Services Corporation or the Older Americans Act of 1965, as amended, and other entities with responsibilities relevant to the health, safety, welfare and rights of residents in long-term care facilities through adoption of memoranda of understanding or other means.
  5. The long-term care facilities ombudsman may observe any survey in a long-term care facility conducted by a government agency.

HISTORY: Laws, 1988, ch. 592, § 14; Laws, 2017, ch. 344, § 11, eff from and after July 1, 2017.

Editor’s Notes —

Sections 43-7-78 and 43-7-79, referred to in this section, were repealed by their own terms, on June 30, 1993.

Amendment Notes —

The 2017 amendment added “through adoption of memoranda of understanding” in (3); and added “and other entities with responsibilities…memoranda of understanding or other means” in (4).

Cross References —

Transfer of functions of Council on Aging to the Department of Human Services, see §43-7-1.

Additional powers and duties of community ombudsmen, see §43-7-63.

Federal Aspects—

The Federal Legal Services Corporation is codified at 42 USCS § 2996 et seq.

Older Americans Act of 1965, see generally 42 USCS § 3001 et seq.

RESEARCH REFERENCES

Practice References.

Eric M. Carlson, Long-Term Care Advocacy (Matthew Bender).

§ 43-7-78. Repealed.

Repealed by its own terms, on June 30, 1993.

§43-7-78. [Laws, 1992, ch. 465, § 1]

Editor’s Notes —

Former §43-7-78 provided for a monthly fee payable by facilities to Ombudsman Programs Fund, and directed the allocations from the Fund.

§ 43-7-79. Recommendations, rules and regulations by State Ombudsman.

The State Ombudsman shall recommend policies and procedures to carry out the provisions of Sections 43-7-51 through 43-7-79 and propose rules and regulations to implement the provisions of Sections 43-7-51 through 43-7-79.

HISTORY: Laws, 2017, ch. 344, § 12, eff from and after July 1, 2017.

Editor’s Notes —

A former §43-7-79 [Laws, 1988, ch. 592, § 15; Laws, 1992, ch. 465, § 2; Repealed by its own terms effective June 30, 1993] made the ombudsman program contingent upon receipt of federal funds.

Chapter 9. Old Age Assistance

§ 43-9-1. Statewide system of old age assistance.

For the purpose of providing for aged persons in need, a statewide system of old age assistance is hereby established and shall be in effect in all political subdivisions of this state to operate with due regard to the varying conditions and cost of living, to be financed by state appropriations therefor, and to be administered by the Department of Human Services, Division of Aging and Adult Services, as hereinafter provided.

HISTORY: Codes, 1942, § 7214; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 2008, ch. 541, § 4, eff from and after July 1, 2008.

Amendment Notes —

The 2008 amendment substituted “Department of Human Services, Division of Aging and Adult Services” for “State Department of Public Welfare” near the end of the paragraph.

Cross References —

Social security and state retirement and disability benefits, see §§25-11-1 et seq.

Evaluation and review of professional health services providers, see §§41-63-1 et seq.

Mandatory state supplemental payments to aged or blind persons and persons with disabilities, see §§43-1-31 through43-1-37.

Council on aging, see §§43-7-1 et seq.

Institutions for the aged and infirm, see §§43-11-1 et seq.

Medical assistance for the aged, see §§43-13-1 et seq.

Medicaid, see §§43-13-101 et seq.

Assistance to persons with disabilities, see §§43-29-1 et seq.

Poor persons, see §§43-31-1 et seq.

Unemployment compensation, see §§71-5-1 et seq.

Subpoenas and old age assistance investigations, see Miss. R. Civ. P. 45.

Federal Aspects—

Social Security Act generally, see 42 USCS §§ 301 et seq.

RESEARCH REFERENCES

ALR.

Alcoholic as entitled to public assistance under poor laws. 43 A.L.R.3d 554.

Am. Jur.

70A Am. Jur. 2d, Social Security and Medicare §§ 1 et seq.

CJS.

81 C.J.S., Social Security and Public Welfare §§ 187 et seq.

Practice References.

Eric M. Carlson, Long-Term Care Advocacy (Matthew Bender).

Elder Law Library (CD-ROM) (Matthew Bender).

§ 43-9-3. Short title.

This chapter and Chapter 1 of this title shall be known as the “Mississippi Old Age Security Law” and shall be cited as such.

HISTORY: Codes, 1942, § 7215; Laws, 1936, ch. 175; Laws, 1940, ch. 298.

Federal Aspects—

Social Security Act generally, see 42 USCS §§ 301 et seq.

§ 43-9-5. Definitions.

When used herein, the term “department” means the State Department of Public Welfare; “commissioner” means the state commissioner of public welfare; “board” means the state board of public welfare; “applicant” means a person applying for assistance under this chapter; “recipient” means a person receiving aid under the provisions of this chapter; “assistance” means money payments including vendor payments made to or in behalf of needy aged persons hereunder; “county department” means the county board of public welfare, the director of public welfare, and such other personnel as may be authorized in said department by the State Department of Public Welfare.

HISTORY: Codes, 1942, § 7216; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 1962, ch. 562, § 1; Laws, 1970, ch. 503, § 1, eff from and after passage (approved March 6, 1970).

Cross References —

State Department of Welfare as meaning Department of Human Services, see §43-1-1.

§ 43-9-7. Eligibility for assistance to the needy aged.

Assistance shall be given under this chapter to any person who:

Has attained the age of sixty-five (65) years;

Has resided in the state for one (1) year immediately preceding his application and such residence shall not have been established solely or in part for the purpose of enabling the applicant to come within the provisions of this chapter;

Resides in the county in which application is made;

Has not sufficient income or other resources to provide a reasonable subsistence compatible with decency and health;

Is not an inmate of or being maintained by any county, municipal, state, or national institution at the time of receiving assistance except as a patient in a public medical institution, or is not a patient in any institution for tuberculosis or mental diseases, or is not a patient in any medical institution as a result of having been diagnosed as having tuberculosis or psychosis; in the event the federal Social Security Act or other appropriate federal statutes are so amended as to permit funds appropriated by congress to be used for assistance to aged persons who are inmates of public institutions, then being an inmate of any such institution shall not disqualify any such person for assistance. An inmate of a public institution may, however, make application for such assistance but the assistance if granted shall not begin until after he ceases to be an inmate;

Has not made an assignment or transfer of property so as to render himself eligible for assistance under this chapter at any time within two (2) years immediately prior to the filing of an application for assistance pursuant to the provisions hereof.

HISTORY: Codes, 1942, § 7225; Laws, 1936, ch. 175; Laws, 1938, ch. 361; Laws, 1940, ch. 289; Laws, 1940, 298; Laws, 1948, ch. 408, § 1; Laws, 1960, ch. 439, § 1.

Cross References —

Disclosure of records of public assistance disbursements and payments, see §43-1-19.

Aid for needy persons with disabilities, see §43-29-3.

Federal Aspects—

Social Security Act generally, see 42 USCS §§ 301 et seq.

JUDICIAL DECISIONS

1. In general.

State statutes that deny welfare benefits to resident aliens or to aliens who have not resided in the United States for a specified number of years violated the equal protection clause of the Fourteenth Amendment and conflict with overriding national policies including the right of an alien lawfully within the country to enter and abide in any state on an equality of legal privileges with all citizens under nondiscriminatory laws in areas which have been constitutionally entrusted to the federal government. Graham v. Richardson, 403 U.S. 365, 91 S. Ct. 1848, 29 L. Ed. 2d 534, 1971 U.S. LEXIS 28 (U.S. 1971).

RESEARCH REFERENCES

ALR.

Reimbursement of public for financial assistance to aged persons. 29 A.L.R.2d 731.

Requisite residence for purposes of old age assistance. 43 A.L.R.2d 1427.

Validity, construction, and application of state statutes limiting or barring public health care to indigent aliens. 113 A.L.R.5th 95.

CJS.

81 C.J.S., Social Security and Public Welfare § 188.

§ 43-9-9. Amount of assistance.

The amount of assistance for the needy aged which any recipient shall receive shall be determined by the county department with due regard to the resources, income, and necessary expenditures of the individual and the conditions existing in each case and in accordance with the rules and regulations made by the state department, and shall be sufficient when added to all other income and support of the recipient to provide him with a reasonable subsistence compatible with decency and health or special needs as permitted under the federal Social Security Act. However, the state department of public welfare may disregard the amount of monthly income of the recipient as specified by the federal Social Security Act.

HISTORY: Codes, 1942, § 7226; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 1957, Ex Sess ch. 23; Laws, 1960, ch. 440; Laws, 1962, ch. 562, § 2; Laws, 1962, 2d Ex Sess ch. 33; Laws, 1968, ch. 562, § 5, eff from and after passage (approved July 30, 1968).

Cross References —

State Department of Welfare as meaning Department of Human Services, see §43-1-1.

Federal Aspects—

Social Security Act generally, see 42 USCS §§ 301 et seq.

§ 43-9-11. Application for assistance to the needy aged.

Application for assistance under this chapter shall be made to the county welfare agent of the county in which the applicant resides. The application shall be in writing or reduced to writing in the manner and upon the form prescribed by the state department. Such application shall contain such information as may be prescribed by the state department.

HISTORY: Codes, 1942, § 7227; Laws, 1936, ch. 175; Laws, 1940, ch. 298.

Cross References —

State Department of Welfare as meaning Department of Human Services, see §43-1-1.

§ 43-9-13. Investigation of applications.

Whenever a county welfare agent receives an application for assistance under this chapter, an investigation and record shall promptly be made of the circumstances of the applicant to ascertain the facts supporting the application made under this chapter and such other information as may be required by the rules of the state board.

The county department and the state department shall have the power to conduct examinations, subpoena witnesses, require the attendance of witnesses, and the production of books, records and papers, and make application to the circuit court of the county to compel the attendance of witnesses and the production of such books, records and papers. The county board and such officers and employees as are designated by the state commissioner may also administer oaths and affirmations.

HISTORY: Codes, 1942, § 7228; Laws, 1936, ch. 175; Laws, 1940, ch. 298.

Cross References —

State Department of Welfare as meaning Department of Human Services, see §43-1-1.

Subpoenas and old age assistance investigations, see Miss. R. Civ. P. 45.

§ 43-9-15. Granting of assistance.

Upon completion of the investigation, the county department shall determine in accordance with the rules and regulations of the state department, whether the applicant is eligible for assistance under the provisions of this chapter, the amount of assistance he shall receive, and the date upon which such assistance shall begin. All checks for such assistance shall be mailed by the state department or county welfare office to the recipients at their postoffice address. The director of the state department shall determine whether such checks shall be mailed by the state department or by the county welfare office.

It shall be the duty of the state department insofar as is practicable to provide assistance to eligible persons, who, due to limitations of available funds have not been placed upon the assistance rolls, as soon as practicable after additional funds become available to the department and prior to making a general increase in assistance grants to persons already on said assistance rolls. However, nothing in this section shall be construed to bar or limit any county department of public welfare from granting individual increases in the amount of assistance to recipients based upon their individual needs. The state department shall, as soon as made possible by the availability of additional funds, take steps to eliminate all waiting lists. The state department or the office of public welfare of the various counties shall notify each applicant concerning the action taken on his or her application for assistance, and if the application for assistance is denied, the applicant shall be notified and given the reasons for such denial, and the lack of money shall not constitute a reason for such denial.

HISTORY: Codes, 1942, § 7229; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 1944, ch. 291, § 1, eff June 30, 1944.

Cross References —

State Department of Welfare as meaning Department of Human Services, see §43-1-1.

Disclosure of records of public assistance disbursements and payments, see §43-1-19.

RESEARCH REFERENCES

ALR.

Reimbursement of public for financial assistance to aged persons. 29 A.L.R.2d 731.

§ 43-9-17. Payment for benefit of recipient.

If the recipient or applicant is found incapable of taking care of himself or his money, payments may be paid to any person, firm, corporation, association, institution or agency designated to receive it by order of the county department of his county.

HISTORY: Codes, 1942, § 7230; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 1962, ch. 562, § 3, eff from and after passage (approved April 25, 1962).

Cross References —

Disclosure of records of disbursements and payments of public assistance, see §43-1-19.

§ 43-9-19. Assistance not assignable.

No assistance given under this chapter shall be transferable or assignable, at law or in equity, and none of the money paid or payable under this chapter shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law.

HISTORY: Codes, 1942, § 7231; Laws, 1936, ch. 175; Laws, 1940, ch. 298.

§ 43-9-21. Appeal to the State Department of Public Welfare.

The county department shall at once report to the state department its decision upon each application. If an application is not acted upon by the county department within thirty (30) days after the filing of the application, or is denied or revoked, the applicant may appeal to the state department in the manner and form prescribed by rules and regulations. The state department shall upon receipt of such an appeal give the applicant an opportunity for a fair hearing. The state department may also, upon its own motion, review any decision of a county department and may consider any application upon which a decision has not been made by the county department within a reasonable time.

The state department may make such additional investigation as it may deem necessary and shall make such decision as to the granting of assistance and the amount of assistance to be granted the applicant as in its opinion is justified and in conformity with the provisions of this chapter. All decisions of the state department shall be binding upon the county department involved and shall be complied with by such county department.

HISTORY: Codes, 1942, § 7232; Laws, 1936, ch. 175; Laws, 1940, ch. 298.

Cross References —

State Department of Welfare as meaning Department of Human Services, see §43-1-1.

Appeal in case of aid to the blind, see §43-3-73.

Appeal in case of aid to persons with disabilities, see §43-29-17.

§ 43-9-23. Periodic reconsideration and changes in amount of assistance.

All assistance grants made under this chapter shall be reconsidered as frequently as may be required by the rules and regulations of the state board. After such further investigation, the amount of assistance may be changed or assistance may be entirely withdrawn if the state commissioner or county department finds that the recipient’s circumstances have altered sufficiently to warrant such action. The county department may at any time cancel and revoke assistance for cause and it may for cause suspend assistance for such period as it may deem proper. Whenever assistance is thus withdrawn, revoked, suspended or in any way changed, the county department shall at once report to the state department such decision together with the record of its investigation. All such decisions shall be subject to review by the state commissioner as provided in Section 43-9-21.

HISTORY: Codes, 1942, § 7233; Laws, 1936, ch. 175; Laws, 1940, ch. 298.

§ 43-9-25. No fees to be paid.

No person shall make any charge or receive any fee for representing any applicant or recipient of assistance in any proceeding hereunder except as to criminal proceedings brought pursuant to Section 43-9-27; or with respect to any application whether such fee or charge be paid by the applicant or recipient or by any other person or persons. Any violation of this section shall constitute a misdemeanor and be punishable as provided in Section 43-9-27.

HISTORY: Codes, 1942, § 7235; Laws, 1936, ch. 175; Laws, 1940, ch. 298.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 43-9-27. Fraudulent acts.

Whoever obtains, or attempts, or aids, or abets any person to obtain by means of a wilfully false statement or representation or by impersonation, or other fraudulent device;

  1. Assistance to which he is not entitled; or
  2. Assistance greater than that to which he is justly entitled, is guilty of a misdemeanor, and upon the conviction thereof shall be fined not more than five hundred dollars ($500.00) or be imprisoned for not more than three (3) months, or be both so fined and imprisoned in the discretion of the court. In assessing the penalty, the court shall take into consideration the amount of money fraudulently received.

HISTORY: Codes, 1942, § 7236; Laws, 1936, ch. 175; Laws, 1940, ch. 298.

Cross References —

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

Subpoenas and old age assistance investigations, see Miss. R. Civ. P. 45.

§ 43-9-29. Recovery from recipient’s estate for false representation.

On the death of any recipient, double the total amount of assistance paid to such recipient under this chapter shall be allowed as a claim against the estate of such person if it is found that such recipient has obtained funds by false representation.

HISTORY: Codes, 1942, § 7234; Laws, 1936, ch. 175; Laws, 1940, ch. 298.

Cross References —

Recovery against relatives for support of poor persons, see §43-31-25.

RESEARCH REFERENCES

CJS.

81 C.J.S., Social Security and Public Welfare § 202.

§ 43-9-31. Limitations of chapter.

All assistance granted under this chapter shall be deemed to be granted and to be held subject to the provisions of any amending or repealing law that may hereafter be passed. No recipient shall have any claim for compensation, or otherwise, by reason of his assistance being affected in any way by any amending or repealing law.

HISTORY: Codes, 1942, § 7237; Laws, 1936, ch. 175; Laws, 1940, ch. 298.

§ 43-9-33. Receipt and disposition of federal and other funds.

The state treasurer is hereby authorized and directed to receive on behalf of the state, and to execute all instruments incidental thereto, federal or other funds to be used for payments of assistance herein provided, and to place all such funds in a special account to the credit of the “state department of public welfare,” which said funds shall be expended by the department for the purposes and under the provisions of this chapter, and shall be paid out by the state treasurer as funds appropriated to carry out the provisions of this chapter are paid out by him.

HISTORY: Codes, 1942, § 7239; Laws, 1936, ch. 175; Laws, 1940, ch. 298.

Cross References —

State Department of Welfare as meaning Department of Human Services, see §43-1-1.

§ 43-9-35. Disbursement of funds; how made.

The state department shall issue all checks for assistance to person qualifying for aid under the provisions of this chapter. All such checks shall be drawn upon funds made available to the state department of public welfare by the state auditor, upon requisition of the commissioner, approved by the state board.

HISTORY: Codes, 1942, § 7240; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 1979, ch. 468, § 3, eff from and after July 1, 1979.

Editor’s Notes —

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Cross References —

State Department of Welfare as meaning Department of Human Services, see §43-1-1.

Disclosure of records of disbursements and payments of public assistance, see §43-1-19.

RESEARCH REFERENCES

CJS.

81 C.J.S., Social Security and Public Welfare § 189.

§ 43-9-37. Limitation of assistance and administrative cost.

The total amount of assistance granted under the provisions of this chapter and the expenses incurred thereunder shall not exceed the amounts of funds appropriated therefor by the legislature, together with any funds received from the federal government or other sources for the purposes of this chapter and Chapter 1 of this title. The cost of administering this chapter and Chapter 1 of this title shall not exceed the funds appropriated by the state legislature.

HISTORY: Codes, 1942, § 7241; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 1966, ch. 607, § 1; Laws, 1973, ch. 487, § 1, eff from and after passage (approved April 12, 1973).

§ 43-9-39. Litigation.

No suit shall be maintained in any court for the purpose of compelling an award of assistance or to enforce payment of any award of assistance made under the provisions of this chapter. Awards made hereunder shall in no case create any vested or other rights for assistance in the recipients.

HISTORY: Codes, 1942, § 7243; Laws, 1936, ch. 175; Laws, 1940, ch. 298.

§ 43-9-41. Construction of law.

This chapter and Chapter 1 of this title are supplementary to and in aid of any and all welfare laws now in force in Mississippi which are not directly in conflict herewith.

HISTORY: Codes, 1942, § 7244; Laws, 1940, ch. 298.

§ 43-9-43. Reservation of right to amend or repeal old age security law.

The Legislature reserves the right to amend or repeal all or any part of the Mississippi Old Age Security Law at any time, and there shall be no vested private right of any kind against such amendment or repeal. All the rights, benefits, or immunities conferred by said law or by acts done pursuant thereto shall exist subject to the power of the legislature to amend or repeal said law at any time.

HISTORY: Codes, 1942, § 7246; Laws, 1940, ch. 298.

Editor’s Notes —

Pursuant to §43-9-3, this chapter and Chapter 1 of this title are known collectively as the Mississippi Old Age Security Law.

§ 43-9-45. Termination of federal assistance program as ipso facto repeal.

The Mississippi Old Age Security Law is continued in force in pursuance of Public Law 92-603, 92nd Congress, under Title III thereof establishing supplemental security income for the aged, blind and disabled; and under Title VI thereof providing grants to the several states for services to the aged, blind or disabled to help needy individuals who are sixty-five (65) years of age or over, are blind, or are disabled to attain or retain capability for self-support or self-care under plans approved by the secretary of health, education and welfare, for services to the aged, blind or disabled; to continue the administration of aid to families with dependent children, pursuant to Title IV, federal Social Security Act, and Sections 43-17-1 through 43-17-25; to determine the eligibility of needy persons for food stamps from the U. S. Department of Agriculture or other federal agency, thus enabling the state to make more adequate provisions for needy aged, blind or disabled persons and for families with dependent children by reason of said federal grants therein provided, the state being unable financially to provide such services and assistance without such federal aid. Therefore, in the event that Public Law 92-603, 92nd Congress, or Title IV, federal Social Security Act, should be finally adjudged invalid, or in the event that the federal grants-in-aid provided thereunder should be substantially reduced below fifty percent (50%), then and in either of such events, and upon public proclamation of the governor, the Mississippi Old Age Security Law shall ipso facto be thereby repealed and rendered null and void.

HISTORY: Codes, 1942, § 7247; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 1973, ch. 489, § 1; Laws, 1980, ch. 508, § 3; Laws, 1981, ch. 350, § 2, eff from and after July 1, 1981.

Cross References —

Pursuant to §43-9-3, this chapter and Chapter 1 of this title are known collectively as the Mississippi Old Age Security Law.

Social security and state retirement and disability benefits, see §§25-11-1 et seq.

Federal Aspects—

Social Security Act generally, see 42 USCS §§ 301 et seq.

Title IV, Social Security Act, see 42 USCS §§ 601 et seq.

§ 43-9-47. Authority of municipality or county to match federal funds.

  1. The governing authority of any municipality or county of the State of Mississippi is hereby authorized and empowered, in its discretion, to expend such sums as it deems necessary and desirable to match federal funds for any assistance program for aged persons in the State of Mississippi. The governing authority of any municipality or county is authorized to make a voluntary contribution to any such assistance program for aged persons.
  2. The sums expended under this section may be paid from any available funds of the municipality or county to any agency, project, grantee or program approved or sponsored by the Mississippi Council on Aging.

HISTORY: Laws, 1979, ch. 370, eff from and after passage (approved March 15, 1979).

Cross References —

Transfer of functions of Mississippi Council on Aging to the Department of Human Services, see §43-7-1.

OPINIONS OF THE ATTORNEY GENERAL

County may expend funds to provide office space and utilities to Central Mississippi, Inc. if funds are necessary and desirable to match federal funds for assistance program for aged persons or if funds are voluntary contribution for assistance program for aged persons of Central Mississippi, Inc.; county may provide office space and utilities which are necessary for administration of assistance program for aged persons if expenditure meets criteria of statute. Shaw, March 29, 1990, A.G. Op. #90-0167.

A county may contribute funds to a nonprofit agency that assists aged persons in that and other counties if the agency in question is one approved or sponsored by the Mississippi Council on Aging. Shaw, March 5, 1999, A.G. Op. #99-0099.

RESEARCH REFERENCES

Law Reviews.

1979 Mississippi Supreme Court Review: Miscellaneous. 50 Miss. L. J. 833, December 1979.

Chapter 11. Institutions for the Aged or Infirm

In General

§ 43-11-1. Definitions.

When used in this chapter, the following words shall have the following meaning:

“Institutions for the aged or infirm” means a place either governmental or private that provides group living arrangements for four (4) or more persons who are unrelated to the operator and who are being provided food, shelter and personal care, whether any such place is organized or operated for profit or not. The term “institution for aged or infirm” includes nursing homes, pediatric skilled nursing facilities, psychiatric residential treatment facilities, convalescent homes, homes for the aged and adult foster care facilities, provided that these institutions fall within the scope of the definitions set forth above. The term “institution for the aged or infirm” does not include hospitals, clinics or mental institutions devoted primarily to providing medical service, and does not include any private residence in which the owner of the residence is providing personal care services to disabled or homeless veterans under an agreement with, and in compliance with the standards prescribed by, the United States Department of Veterans Affairs, if the owner of the residence also provided personal care services to disabled or homeless veterans at any time during calendar year 2008.

“Person” means any individual, firm, partnership, corporation, company, association or joint-stock association, or any licensee herein or the legal successor thereof.

“Personal care” means assistance rendered by personnel of the home to aged or infirm residents in performing one or more of the activities of daily living, which includes, but is not limited to, the bathing, walking, excretory functions, feeding, personal grooming and dressing of such residents.

“Psychiatric residential treatment facility” means any nonhospital establishment with permanent facilities which provides a twenty-four-hour program of care by qualified therapists, including, but not limited to, duly licensed mental health professionals, psychiatrists, psychologists, psychotherapists and licensed certified social workers, for emotionally disturbed children and adolescents referred to such facility by a court, local school district or by the Department of Human Services, who are not in an acute phase of illness requiring the services of a psychiatric hospital, and are in need of such restorative treatment services. For purposes of this paragraph, the term “emotionally disturbed” means a condition exhibiting one or more of the following characteristics over a long period of time and to a marked degree, which adversely affects educational performance:

1. An inability to learn which cannot be explained by intellectual, sensory or health factors;

2. An inability to build or maintain satisfactory relationships with peers and teachers;

3. Inappropriate types of behavior or feelings under normal circumstances;

4. A general pervasive mood of unhappiness or depression; or

5. A tendency to develop physical symptoms or fears associated with personal or school problems. An establishment furnishing primarily domiciliary care is not within this definition.

“Pediatric skilled nursing facility” means an institution or a distinct part of an institution that is primarily engaged in providing to inpatients skilled nursing care and related services for persons under twenty-one (21) years of age who require medical or nursing care or rehabilitation services for the rehabilitation of injured, disabled or sick persons.

“Licensing agency” means the State Department of Health.

“Medical records” mean, without restriction, those medical histories, records, reports, summaries, diagnoses and prognoses, records of treatment and medication ordered and given, notes, entries, x-rays and other written or graphic data prepared, kept, made or maintained in institutions for the aged or infirm that pertain to residency in, or services rendered to residents of, an institution for the aged or infirm.

“Adult foster care facility” means a home setting for vulnerable adults in the community who are unable to live independently due to physical, emotional, developmental or mental impairments, or in need of emergency and continuing protective social services for purposes of preventing further abuse or neglect and for safeguarding and enhancing the welfare of the abused or neglected vulnerable adult. Adult foster care programs shall be designed to meet the needs of vulnerable adults with impairments through individual plans of care, which provide a variety of health, social and related support services in a protective setting, enabling participants to live in the community. Adult foster care programs may be (i) traditional, where the foster care provider lives in the residence and is the primary caregiver to clients in the home; (ii) corporate, where the foster care home is operated by a corporation with shift staff delivering services to clients; or (iii) shelter, where the foster care home accepts clients on an emergency short-term basis for up to thirty (30) days.

HISTORY: Codes, 1942, § 6964-01; Laws, 1952, ch. 384, § 1; Laws, 1964, ch. 429, § 1; Laws, 1979, ch. 451, § 25; Laws, 1986, ch. 437, § 29; Laws, 1990, ch. 510, § 3; Laws, 1993, ch. 609, § 11; Laws, 2002, 3rd Ex Sess, ch. 2, § 9; Laws, 2007, ch. 552, § 1; Laws, 2009, ch. 478, § 1; Laws, 2011, ch. 438, § 1, eff from and after July 1, 2011.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in (h)(ii). In both versions of the section, (h)(ii) was corrected by substituting “shift staff delivering services” for “shift staff delivery services.” The Joint Committee ratified the correction at its July 22, 2010, meeting.

Editor’s Notes —

In (h), there are references to “vulnerable adults.” The “Vulnerable Adult Act” was renamed the “Vulnerable Persons Act” by Laws of 2010, ch. 357 to change references to “vulnerable adult” to “vulnerable person.”

Amendment Notes —

The 2002 amendment, 3rd Ex Sess, effective January 1, 2003, added (g).

The 2007 amendment inserted “and adult foster care facilities” in the next-to-last sentence of (a); and added (h).

The 2009 amendment provided for two versions; in the version effective until July 1, 2011, added “and does not include…during calendar year 2008” at the end of (a); and made minor stylistic changes.

The 2011 amendment deleted the reverter on the provision that exempts from personal care home licensure certain private residences in which personal care services are provided to disabled or homeless veterans under agreement with Department of Veterans Affairs.

Cross References —

State board of health, see §§41-3-1.1 et seq.

Mississippi Health Care Certificate of Need Law of 1979, see §§41-7-171 et seq.

Institutions licensed under this chapter excluded from definition of “hotel”, see §41-49-3.

Evaluation and review of professional health services providers, see §§41-63-1 et seq. to the amended act.

Old age assistance, generally, see §§43-9-1 et seq.

Medical assistance to the aged, see §§43-13-1 et seq.

Medicaid, see §§43-13-101 et seq.

Vulnerable persons generally, see §§43-47-1 et seq.

Institutions for aged or infirm as defined in this section as “care facility” for purposes of Vulnerable Persons Act, see §43-47-5.

Required reporting of abuse or exploitation of patients and residents of institutions for aged or infirm, see §43-47-37.

Nursing home administrators, see §§73-17-1 et seq.

JUDICIAL DECISIONS

1. Liability.

2. Causal link.

1. Liability.

Neither Miss. Code Ann. §43-11-1 et seq., nor Miss. Code Ann. §73-17-1 et seq., expressly created a duty by a licensee or an administrator to residents of a nursing home; nor did the Supreme Court of Mississippi hold that a breach of either licensing statute supported a negligence action filed by a third party. Howard v. Estate of Harper, 947 So. 2d 854, 2006 Miss. LEXIS 626 (Miss. 2006).

2. Causal link.

Grant of summary judgment in favor of a nursing center’s president and its former administrator in the decedent’s representative’s action for personal injuries and wrongful death was appropriate under Miss. Code Ann. §43-11-1 because the evidence failed to show a causal link between the president and the administrator and the decedent; under Miss. Code Ann. §43-11-1 et seq., no language was included that created a specific legal duty for either a licensee or an administrator. Estate of Hazelton v. Cain, 950 So. 2d 231, 2007 Miss. App. LEXIS 115 (Miss. Ct. App. 2007).

OPINIONS OF THE ATTORNEY GENERAL

The definition of “care facility” in Section 43-47-5 applies for abuse, neglect, and exploitation reporting and investigating purposes regardless of whether a facility that is required to be licensed is so licensed. Brittain, May 2, 2003, A.G. Op. 03-0702.

RESEARCH REFERENCES

Am. Jur.

13A Am. Jur. Pl & Pr Forms (Rev), Hospitals, Forms 171 et seq. (Complaint, petition, or declaration – injuries sustained by patient on negligently maintained floor – against nursing homes, rest homes).

Practice References.

Eric M. Carlson, Long-Term Care Advocacy (Matthew Bender).

Elder Law Library (CD-ROM) (Matthew Bender).

§ 43-11-3. Purpose.

The purpose of this chapter is to protect and promote the public welfare by providing for the development, establishment and enforcement of certain standards in the maintenance and operation of institutions for the aged or infirm which will insure safe, sanitary and reasonably adequate care of individuals in such institutions.

HISTORY: Codes, 1942, § 6964-02; Laws, 1952, ch. 384, § 2, eff from and after passage (approved April 11, 1952).

§ 43-11-5. License.

No person, acting severally or jointly with any other person, shall establish, conduct, or maintain an institution for the aged or infirm in this state without a license under this chapter.

HISTORY: Codes, 1942, § 6964-03; Laws, 1952, ch. 384, § 3, eff from and after passage (approved April 11, 1952).

Cross References —

Evaluation and review of professional health services providers, see §§41-63-1 et seq.

Licensing of nursing home administrators, see §73-17-11.

JUDICIAL DECISIONS

1. In general.

Additional determinations needed to be made as to the licensure status pursuant to Miss. Code Ann. §43-11-5 of a nursing home facility in a patient’s negligency suit; the notice provision of Miss. Code Ann. §15-1-36(15) did not apply to non-licensed facilities. Saul v. Jenkins, 963 So. 2d 552, 2007 Miss. LEXIS 493 (Miss. 2007).

Notice requirements of Miss. Code Ann. §15-1-36 apply only to licensed facilities. Saul v. Jenkins, 963 So. 2d 552, 2007 Miss. LEXIS 493 (Miss. 2007).

RESEARCH REFERENCES

ALR.

Licensing and regulation of nursing or rest homes. 53 A.L.R.4th 689.

§ 43-11-7. Application for license for institution for aged or infirm or personal care home; license fees [Repealed effective July 1, 2020].

Any person, as defined in Section 43-11-1, may apply for a license as provided in this section. An application for a license shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed under this chapter. Each application for a license for an institution for the aged or infirm, except for personal care homes, shall be accompanied by a license fee of Twenty Dollars ($20.00) for each bed in the institution, with a minimum fee per institution of Two Hundred Dollars ($200.00), which shall be paid to the licensing agency. Each application for a license for a personal care home shall be accompanied by a license fee of Fifteen Dollars ($15.00) for each bed in the institution, with a minimum fee per institution of One Hundred Dollars ($100.00), which shall be paid to the licensing agency.

Any increase in the fee charged by the licensing agency under this section shall be in accordance with the provisions of Section 41-3-65.

No governmental entity or agency shall be required to pay the fee or fees set forth in this section.

HISTORY: Codes, 1942, § 6964-04; Laws, 1952, ch. 384, § 4; Laws, 1979, ch. 445, § 6; Laws, 1986, ch. 500, § 30; Laws, 1998, ch. 433, § 8; Laws, 2002, ch. 578, § 2; Laws, 2016, ch. 510, § 28, eff from and after July 1, 2016.

Editor’s Notes —

Laws of 2016, ch. 510, § 65 provides:

“SECTION 65. This act shall stand repealed on July 1, 2020.”

Amendment Notes —

The 2002 amendment added the first sentence of the first paragraph.

The 2016 amendment added the next-to-last paragraph.

Cross References —

Application for license for adult foster care facility, see §43-11-8.

§ 43-11-8. Application for license for adult foster care facility; license fees; license renewal [Repealed effective July 1, 2020].

  1. An application for a license for an adult foster care facility shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed hereunder. Each application for a license for an adult foster care facility shall be accompanied by a license fee of Ten Dollars ($10.00) for each person or bed of licensed capacity, with a minimum fee per home or institution of Fifty Dollars ($50.00), which shall be paid to the licensing agency. Any increase in the fee charged by the licensing agency under this subsection shall be in accordance with the provisions of Section 41-3-65.
  2. A license, unless suspended or revoked, shall be renewable annually upon payment by the licensee of an adult foster care facility, except for personal care homes, of a renewal fee of Ten Dollars ($10.00) for each person or bed of licensed capacity in the institution, with a minimum renewal fee per institution of Fifty Dollars ($50.00), which shall be paid to the licensing agency, and upon filing by the licensee and approval by the licensing agency of an annual report upon such uniform dates and containing such information in such form as the licensing agency prescribes by regulation. Any increase in the fee charged by the licensing agency under this subsection shall be in accordance with the provisions of Section 41-3-65. Each license shall be issued only for the premises and person or persons or other legal entity or entities named in the application and shall not be transferable or assignable except with the written approval of the licensing agency. Licenses shall be posted in a conspicuous place on the licensed premises.

HISTORY: Laws, 2007, ch. 552, § 3; Laws, 2016, ch. 510, § 29, eff from and after July 1, 2016.

Editor’s Notes —

Laws of 2016, ch. 510, § 65 provides:

“SECTION 65. This act shall stand repealed on July 1, 2020.”

Amendment Notes —

The 2016 amendment added the last sentence of (1) and the second sentence of (2).

Cross References —

Application for license for institution for aged or infirm or personal care home, see §43-11-7.

§ 43-11-9. Issuance and renewal of license for institution for aged or infirm or personal care home; user fee [Repealed effective July 1, 2020].

  1. Upon receipt of an application for license and the license fee, the licensing agency shall issue a license if the applicant and the institutional facilities meet the requirements established under this chapter and the requirements of Section 41-7-173 et seq., where determined by the licensing agency to be applicable. A license, unless suspended or revoked, shall be renewable annually upon payment by (a) the licensee of an institution for the aged or infirm, except for personal care homes, of a renewal fee of Twenty Dollars ($20.00) for each bed in the institution, with a minimum fee per institution of Two Hundred Dollars ($200.00), or (b) the licensee of a personal care home of a renewal fee of Fifteen Dollars ($15.00) for each bed in the institution, with a minimum fee per institution of One Hundred Dollars ($100.00), which shall be paid to the licensing agency, and upon filing by the licensee and approval by the licensing agency of an annual report upon such uniform dates and containing such information in such form as the licensing agency prescribes by regulation. Any increase in the fee charged by the licensing agency under this subsection shall be in accordance with the provisions of Section 41-3-65. Each license shall be issued only for the premises and person or persons or other legal entity or entities named in the application and shall not be transferable or assignable except with the written approval of the licensing agency. Licenses shall be posted in a conspicuous place on the licensed premises.
  2. A fee known as a “User Fee” shall be applicable and shall be paid to the licensing agency as set out in subsection (1) of this section. Any increase in the fee charged by the licensing agency under this subsection shall be in accordance with the provisions of Section 41-3-65. This user fee shall be assessed for the purpose of the required reviewing and inspections of the proposal of any institution in which there are additions, renovations, modernizations, expansion, alterations, conversions, modifications or replacement of the entire facility involved in such proposal. This fee includes the reviewing of architectural plans in all steps required. There shall be a minimum user fee of Fifty Dollars ($50.00) and a maximum user fee of Five Thousand Dollars ($5,000.00).
  3. No governmental entity or agency shall be required to pay the fee or fees set forth in this section.

HISTORY: Codes, 1942, § 6964-05; Laws, 1952, ch. 384, § 5; Laws, 1979, ch. 445, § 7; Laws, 1980, ch. 493, § 19; Laws, 1986, ch. 437, § 30; Laws, 1986, ch. 500, § 31; Laws, 1998, ch. 433, § 9; Laws, 2016, ch. 510, § 30, eff from and after July 1, 2016.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in the first sentence of subsection (2) by substituting “as set out in subsection (1) of this section” for “as set out in subsection (1) hereof of this section.” The Joint Committee ratified the correction at its August 5, 2016, meeting.

Editor’s Notes —

Laws of 2016, ch. 510, § 65 provides:

“SECTION 65. This act shall stand repealed on July 1, 2020.”

Amendment Notes —

The 2016 amendment added the third sentence of (1); and in (2), added “of this section” at the end of the first sentence and added the second sentence.

Cross References —

Renewal of license for adult foster care facility, see §43-11-8.

RESEARCH REFERENCES

ALR.

Licensing and regulation of nursing or rest homes. 53 A.L.R.4th 689.

§ 43-11-11. Denial or revocation of license; hearings and review.

The licensing agency after notice and opportunity for a hearing to the applicant or licensee is authorized to deny, suspend or revoke a license in any case in which it finds that there has been a substantial failure to comply with the requirements established under this chapter.

Such notice shall be effected by registered mail, or by personal service setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days from the date of such mailing or such service, at which time the applicant or licensee, shall be given an opportunity for a prompt and fair hearing. On the basis of any such hearing, or upon default of the applicant or licensee, the licensing agency shall make a determination specifying its findings of fact and conclusions of law. A copy of such determination shall be sent by registered mail or served personally upon the applicant or licensee. The decision revoking, suspending or denying the license or application shall become final thirty (30) days after it is so mailed or served, unless the applicant or licensee, within such thirty (30) day period, appeals the decision to the chancery court pursuant to Section 43-11-23.

The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the licensing agency. A full and complete record shall be kept of all proceedings, and all testimony shall be recorded but need not be transcribed unless the decision is appealed pursuant to section 43-11-23. Witnesses may be subpoenaed by either party. Compensation shall be allowed to witnesses as in cases in the chancery court. Each party shall pay the expense of his own witnesses. The cost of the record shall be paid by the licensing agency provided any other party desiring a copy of the transcript shall pay therefor the reasonable cost of preparing the same.

HISTORY: Codes, 1942, § 6964-06; Laws, 1952, ch. 384, § 6, eff from and after passage (approved April 11, 1952).

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected typographical errors in the second paragraph, by substituting “appeals the decision of the chancery court pursuant to Section 43-11-23” for “appeals to the decision of the chancery court; pursuant to Section 43-11-23” at the end. The Joint Committee ratified the correction at its July 22, 2010, meeting. Since the language of the section as it appears in the main volume is correct, it is not set out in the supplement.

Cross References —

Evaluation and review of professional health services providers, see §§41-63-1 et seq.

Application of this section to notice of denial, suspension or revocation of license to operate ambulatory surgical facility, see §41-75-23.

Applicability of this section to notice of decisions with respect to the licensing of birthing centers, see §41-77-21.

Appeal of decision after notice of decision as provided under this section see §43-11-23.

§ 43-11-13. Rules, regulations and standards; compliance and inspection with respect to fire prevention measures; scheduled drugs in personal care homes; resident may consent in writing to continue residing in personal care home regardless of determination by licensing agency that skilled nursing services appropriate; regulations regarding patient’s personal deposit accounts and use of patient food and medicine records; criminal record checks for new employees at institutions or facilities; affidavit concerning criminal offenses required of current employees; penalty for perjury; civil immunity for health care facilities regarding employment decisions; rules, regulations and standards regarding operation of adult foster care facilities [Repealed effective July 1, 2020].

  1. The licensing agency shall adopt, amend, promulgate and enforce such rules, regulations and standards, including classifications, with respect to all institutions for the aged or infirm to be licensed under this chapter as may be designed to further the accomplishment of the purpose of this chapter in promoting adequate care of individuals in those institutions in the interest of public health, safety and welfare. Those rules, regulations and standards shall be adopted and promulgated by the licensing agency and shall be recorded and indexed in a book to be maintained by the licensing agency in its main office in the State of Mississippi, entitled “Rules, Regulations and Minimum Standards for Institutions for the Aged or Infirm” and the book shall be open and available to all institutions for the aged or infirm and the public generally at all reasonable times. Upon the adoption of those rules, regulations and standards, the licensing agency shall mail copies thereof to all those institutions in the state that have filed with the agency their names and addresses for this purpose, but the failure to mail the same or the failure of the institutions to receive the same shall in no way affect the validity thereof. The rules, regulations and standards may be amended by the licensing agency, from time to time, as necessary to promote the health, safety and welfare of persons living in those institutions.
  2. The licensee shall keep posted in a conspicuous place on the licensed premises all current rules, regulations and minimum standards applicable to fire protection measures as adopted by the licensing agency. The licensee shall furnish to the licensing agency at least once each six (6) months a certificate of approval and inspection by state or local fire authorities. Failure to comply with state laws and/or municipal ordinances and current rules, regulations and minimum standards as adopted by the licensing agency, relative to fire prevention measures, shall be prima facie evidence for revocation of license.
  3. The State Board of Health shall promulgate rules and regulations restricting the storage, quantity and classes of drugs allowed in personal care homes and adult foster care facilities. Residents requiring administration of Schedule II Narcotics as defined in the Uniform Controlled Substances Law may be admitted to a personal care home. Schedule drugs may only be allowed in a personal care home if they are administered or stored utilizing proper procedures under the direct supervision of a licensed physician or nurse.
    1. Notwithstanding any determination by the licensing agency that skilled nursing services would be appropriate for a resident of a personal care home, that resident, the resident’s guardian or the legally recognized responsible party for the resident may consent in writing for the resident to continue to reside in the personal care home, if approved in writing by a licensed physician. However, no personal care home shall allow more than two (2) residents, or ten percent (10%) of the total number of residents in the facility, whichever is greater, to remain in the personal care home under the provisions of this subsection (4). This consent shall be deemed to be appropriately informed consent as described in the regulations promulgated by the licensing agency. After that written consent has been obtained, the resident shall have the right to continue to reside in the personal care home for as long as the resident meets the other conditions for residing in the personal care home. A copy of the written consent and the physician’s approval shall be forwarded by the personal care home to the licensing agency.
    2. The State Board of Health shall promulgate rules and regulations restricting the handling of a resident’s personal deposits by the director of a personal care home. Any funds given or provided for the purpose of supplying extra comforts, conveniences or services to any resident in any personal care home, and any funds otherwise received and held from, for or on behalf of any such resident, shall be deposited by the director or other proper officer of the personal care home to the credit of that resident in an account that shall be known as the Resident’s Personal Deposit Fund. No more than one (1) month’s charge for the care, support, maintenance and medical attention of the resident shall be applied from the account at any one time. After the death, discharge or transfer of any resident for whose benefit any such fund has been provided, any unexpended balance remaining in his personal deposit fund shall be applied for the payment of care, cost of support, maintenance and medical attention that is accrued. If any unexpended balance remains in that resident’s personal deposit fund after complete reimbursement has been made for payment of care, support, maintenance and medical attention, and the director or other proper officer of the personal care home has been or shall be unable to locate the person or persons entitled to the unexpended balance, the director or other proper officer may, after the lapse of one (1) year from the date of that death, discharge or transfer, deposit the unexpended balance to the credit of the personal care home’s operating fund.
    3. The State Board of Health shall promulgate rules and regulations requiring personal care homes to maintain records relating to health condition, medicine dispensed and administered, and any reaction to that medicine. The director of the personal care home shall be responsible for explaining the availability of those records to the family of the resident at any time upon reasonable request.
    1. For the purposes of this subsection (5):
      1. “Licensed entity” means a hospital, nursing home, personal care home, home health agency, hospice or adult foster care facility;
      2. “Covered entity” means a licensed entity or a health care professional staffing agency;
      3. “Employee” means any individual employed by a covered entity, and also includes any individual who by contract provides to the patients, residents or clients being served by the covered entity direct, hands-on, medical patient care in a patient’s, resident’s or client’s room or in treatment or recovery rooms. The term “employee” does not include health care professional/vocational technical students performing clinical training in a licensed entity under contracts between their schools and the licensed entity, and does not include students at high schools located in Mississippi who observe the treatment and care of patients in a licensed entity as part of the requirements of an allied-health course taught in the high school, if:

      1. The student is under the supervision of a licensed health care provider; and

      2. The student has signed an affidavit that is on file at the student’s school stating that he or she has not been convicted of or pleaded guilty or nolo contendere to a felony listed in paragraph (d) of this subsection (5), or that any such conviction or plea was reversed on appeal or a pardon was granted for the conviction or plea. Before any student may sign such an affidavit, the student’s school shall provide information to the student explaining what a felony is and the nature of the felonies listed in paragraph (d) of this subsection (5).

      However, the health care professional/vocational technical academic program in which the student is enrolled may require the student to obtain criminal history record checks. In such incidences, paragraph (a) (iii)1 and 2 of this subsection (5) does not preclude the licensing entity from processing submitted fingerprints of students from healthcare-related professional/vocational technical programs who, as part of their program of study, conduct observations and provide clinical care and services in a covered entity.

    2. Under regulations promulgated by the State Board of Health, the licensing agency shall require to be performed a criminal history record check on (i) every new employee of a covered entity who provides direct patient care or services and who is employed on or after July 1, 2003, and (ii) every employee of a covered entity employed before July 1, 2003, who has a documented disciplinary action by his or her present employer. In addition, the licensing agency shall require the covered entity to perform a disciplinary check with the professional licensing agency of each employee, if any, to determine if any disciplinary action has been taken against the employee by that agency.

      Except as otherwise provided in paragraph (c) of this subsection (5), no such employee hired on or after July 1, 2003, shall be permitted to provide direct patient care until the results of the criminal history record check have revealed no disqualifying record or the employee has been granted a waiver. In order to determine the employee applicant’s suitability for employment, the applicant shall be fingerprinted. Fingerprints shall be submitted to the licensing agency from scanning, with the results processed through the Department of Public Safety’s Criminal Information Center. The fingerprints shall then be forwarded by the Department of Public Safety to the Federal Bureau of Investigation for a national criminal history record check. The licensing agency shall notify the covered entity of the results of an employee applicant’s criminal history record check. If the criminal history record check discloses a felony conviction, guilty plea or plea of nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex offense listed in Section 45-33-23(h), child abuse, arson, grand larceny, burglary, gratification of lust or aggravated assault, or felonious abuse and/or battery of a vulnerable adult that has not been reversed on appeal or for which a pardon has not been granted, the employee applicant shall not be eligible to be employed by the covered entity.

    3. Any such new employee applicant may, however, be employed on a temporary basis pending the results of the criminal history record check, but any employment contract with the new employee shall be voidable if the new employee receives a disqualifying criminal history record check and no waiver is granted as provided in this subsection (5).
    4. Under regulations promulgated by the State Board of Health, the licensing agency shall require every employee of a covered entity employed before July 1, 2003, to sign an affidavit stating that he or she has not been convicted of or pleaded guilty or nolo contendere to a felony of possession or sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, any sex offense listed in Section 45-33-23(h), child abuse, arson, grand larceny, burglary, gratification of lust, aggravated assault, or felonious abuse and/or battery of a vulnerable adult, or that any such conviction or plea was reversed on appeal or a pardon was granted for the conviction or plea. No such employee of a covered entity hired before July 1, 2003, shall be permitted to provide direct patient care until the employee has signed the affidavit required by this paragraph (d). All such existing employees of covered entities must sign the affidavit required by this paragraph (d) within six (6) months of the final adoption of the regulations promulgated by the State Board of Health. If a person signs the affidavit required by this paragraph (d), and it is later determined that the person actually had been convicted of or pleaded guilty or nolo contendere to any of the offenses listed in this paragraph (d) and the conviction or plea has not been reversed on appeal or a pardon has not been granted for the conviction or plea, the person is guilty of perjury. If the offense that the person was convicted of or pleaded guilty or nolo contendere to was a violent offense, the person, upon a conviction of perjury under this paragraph, shall be punished as provided in Section 97-9-61. If the offense that the person was convicted of or pleaded guilty or nolo contendere to was a nonviolent offense, the person, upon a conviction of perjury under this paragraph, shall be punished by a fine of not more than Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment.
    5. The covered entity may, in its discretion, allow any employee who is unable to sign the affidavit required by paragraph (d) of this subsection (5) or any employee applicant aggrieved by an employment decision under this subsection (5) to appear before the covered entity’s hiring officer, or his or her designee, to show mitigating circumstances that may exist and allow the employee or employee applicant to be employed by the covered entity. The covered entity, upon report and recommendation of the hiring officer, may grant waivers for those mitigating circumstances, which shall include, but not be limited to: (i) age at which the crime was committed; (ii) circumstances surrounding the crime; (iii) length of time since the conviction and criminal history since the conviction; (iv) work history; (v) current employment and character references; and (vi) other evidence demonstrating the ability of the individual to perform the employment responsibilities competently and that the individual does not pose a threat to the health or safety of the patients of the covered entity.
    6. The licensing agency may charge the covered entity submitting the fingerprints a fee not to exceed Fifty Dollars ($50.00), which covered entity may, in its discretion, charge the same fee, or a portion thereof, to the employee applicant. Any increase in the fee charged by the licensing agency under this paragraph shall be in accordance with the provisions of Section 41-3-65. Any costs incurred by a covered entity implementing this subsection (5) shall be reimbursed as an allowable cost under Section 43-13-116.
    7. If the results of an employee applicant’s criminal history record check reveals no disqualifying event, then the covered entity shall, within two (2) weeks of the notification of no disqualifying event, provide the employee applicant with a notarized letter signed by the chief executive officer of the covered entity, or his or her authorized designee, confirming the employee applicant’s suitability for employment based on his or her criminal history record check. An employee applicant may use that letter for a period of two (2) years from the date of the letter to seek employment with any covered entity without the necessity of an additional criminal history record check. Any covered entity presented with the letter may rely on the letter with respect to an employee applicant’s criminal background and is not required for a period of two (2) years from the date of the letter to conduct or have conducted a criminal history record check as required in this subsection (5).
    8. The licensing agency, the covered entity, and their agents, officers, employees, attorneys and representatives, shall be presumed to be acting in good faith for any employment decision or action taken under this subsection (5). The presumption of good faith may be overcome by a preponderance of the evidence in any civil action. No licensing agency, covered entity, nor their agents, officers, employees, attorneys and representatives shall be held liable in any employment decision or action based in whole or in part on compliance with or attempts to comply with the requirements of this subsection (5).
    9. The licensing agency shall promulgate regulations to implement this subsection (5).
    10. The provisions of this subsection (5) shall not apply to:
      1. Applicants and employees of the University of Mississippi Medical Center for whom criminal history record checks and fingerprinting are obtained in accordance with Section 37-115-41; or
      2. Health care professional/vocational technical students for whom criminal history record checks and fingerprinting are obtained in accordance with Section 37-29-232.
  4. The State Board of Health shall promulgate rules, regulations and standards regarding the operation of adult foster care facilities.

HISTORY: Codes, 1942, § 6964-07; Laws, 1952, ch. 384, § 7; Laws, 1964, ch. 429, § 2; Laws, 1986, ch. 437, § 31; Laws, 1993, ch. 365, § 1; Laws, 2001, ch. 595, § 1; Laws, 2001, ch. 603, § 11; Laws, 2002, ch. 561, § 1; Laws, 2003, ch. 545, § 1; Laws, 2004, ch. 317, § 1; Laws, 2004, ch. 538, § 3; Laws, 2006, ch. 414, § 1; Laws, 2007, ch. 552, § 2; Laws, 2008, ch. 305, § 1; Laws, 2008, ch. 423, § 1; Laws, 2011, ch. 545, § 9; Laws, 2014, ch. 352, § 11; Laws, 2016, ch. 413, § 1; Laws, 2016, ch. 510, § 31; Laws, 2017, ch. 358, § 1, eff from and after July 1, 2017.

Joint Legislative Committee Note —

Section 1 of ch. 595, Laws of 2001, effective July 1, 2001, amended this section. Section 11 of ch. 603, Laws of 2001, effective July 1, 2001, also amended this section. As set out above, this section reflects the language of both amendments pursuant to Section 1-1-109, which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent pursuant to a letter to Committee members from the Committee Chairman proposing integration of the amendments, with no member objecting to the integration by June 4, 2001, the deadline set in the letter for objection.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in paragraph (g) of subsection (5). The word “with” was changed to “without”. The Joint Committee ratified the correction at its June 3, 2003 meeting.

Section 1 of ch. 317 Laws of 2004, effective from and after June 30, 2004 (approved April 12, 2004), amended this section. Section 3 of ch. 538, Laws of 2004, effective from and after July 1, 2004 (approved May 13, 2004), also amended this section. As set out above, this section reflects the language of Section 3 of ch. 538, Laws of 2004, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Section 1 of ch. 305, Laws of 2008, effective from and after June 30, 2008 (approved March 11, 2008), amended this section. Section 1 of ch. 423, Laws of 2008, effective from and after July 1, 2008 (approved April 3, 2008), also amended this section. The amendments to these sections do not conform and do not meet the Joint Committee’s criteria for integration. Pursuant to Section 1-3-79, which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect earlier; therefore, as set out above, this section reflects the language of Section 1 of ch. 423, Laws of 2008.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected an error in a statutory reference in (5)(b) and (d) by substituting “Section 45-33-23(h)” for “Section 45-33-23(g).” The Joint Committee ratified the correction at its August 1, 2013, meeting.

Section 1 of Chapter 413, Laws of 2016, effective July 1, 2016, amended this section. Section 31 of Chapter 510, Laws of 2016, effective July 1, 2016, also amended this section. As set out above, this section reflects the language of Section 31 of Chapter 510, Laws of 2016, which contains language that specifically provides that it supersedes §43-11-13 as amended by Laws of 2016, ch. 413.

Editor’s Notes —

In (5)(b), and (d), there are references to “vulnerable adult” and “vulnerable adults.” The “Vulnerable Adult Act” was renamed the “Vulnerable Persons Act” by Laws of 2010, ch. 357 to change references to “vulnerable adult” to “vulnerable person.”

Laws of 2010, ch. 505, § 17, provides:

“SECTION 17. (1) The State Board of Health shall develop and make a report to the Public Health and Welfare Committees of the Senate and House of Representatives prior to the 2011 Regular Session of the Legislature with any necessary legislative recommendations on the following:

“(a) The definitions and standards relating to the licensure of “personal care home,” “assisted living facilities,” “adult day care facilities” and “psychiatric supervised housing facility” for the purposes of licensure purposes for institutions for the aged or infirm;

“(b) A determination as to whether the rules, regulations and standards adopted by the State Board of Health for personal care homes should be uniform for each of the classifications of personal care homes, but may vary based on the differences between the types of facilities in each classification.

“(2) A determination as to whether the rules, regulations and standards adopted by the State Board of Health for personal care homes should be uniform for each of the classifications of personal care homes, but may vary based on the differences between the types of facilities in each classification.”

Laws of 2016, ch. 510, § 65 provides:

“SECTION 65. This act shall stand repealed on July 1, 2020.”

Amendment Notes —

The 2002 amendment rewrote the section.

The 2003 amendment rewrote (5).

The first 2004 amendment (ch. 317) extended the date of the repealer for (4) located in (4)(d) from “June 30, 2004” to “June 30, 2006”; inserted “(5)” following “this subsection” throughout (5)(a), (c), and (e); and substituted “on or after”for “after or on” in the second paragraph of (5)(b).

The second 2004 amendment (ch. 538) extended the date of the repealer for (4) located in (4)(d) from June 30, 2004 to June 30, 2006; rewrote (5)(a) and (b); added (5)(j); and substituted “covered entity” for “licensed entity” throughout the section.

The 2006 amendment extended the date of the repealer in (4)(d) by substituting “stand repealed on June 30, 2008” for “stand repealed June 30, 2006.”

The 2007 amendment inserted “and adult foster care facilities” in the first sentence in (3) and added (6).

The first 2008 amendment (ch. 305), in (4)(d), deleted the first two sentences, which related to a reporting requirement, and extended the date of the repealer for the subsection by substituting “June 30, 2011” for “June 30, 2008.”

The second 2008 amendment (ch. 423), in (4)(d), deleted the former first two sentences, which related to a reporting requirement, and extended the date of the repealer for the subsection by substituting “June 30, 2011” for “June 30, 2008”; and in (5)(a)(i), added “or adult foster care facility” and made a minor stylistic change.

The 2011 amendment substituted “June 30, 2014” for “June 30, 2011” in (4)(d).

The 2014 amendment extended the repealer provision of (4), by substituting “July 1, 2017” for “June 30, 2014” in (4)(d).

The first 2016 amendment (ch. 413), in (5)(a), deleted “as defined in Section 37-29-232” following “vocational technical students” in the second sentence of (iii), and in the second paragraph, deleted “under the provisions of Section 37-29-232” at the end of the first sentence and added the last sentence; and in the fourth sentence of the second paragraph of (5)(b), deleted “If no disqualifying record is identified at the state level” from the beginning, and inserted “then.”

The second 2016 amendment (ch. 510) added the second sentence of (5)(f); and made a minor stylistic change.

The 2017 amendment deleted (4)(d), which read: “This subsection (4) shall stand repealed on July 1, 2017.”

Cross References —

Schedule II of Uniform Controlled Substances Law, see §41-29-115.

Criminal history record checks and fingerprinting for health care professional/vocational technical students, see §37-29-232.

Criminal history record checks and fingerprinting required for new employees providing direct patient care at University of Mississippi Medical Center, see §37-115-41.

JUDICIAL DECISIONS

1. Liability.

Supreme Court of Mississippi held that the “Rules, Regulations and Minimum Standards for Institutions for the Aged or Infirm,” Miss. Code Ann. §43-11-13, which serve as internal licensing regulations, do not create a separate cause of action or establish a duty of care owed by nursing home administrators and licensees to nursing home patients. Howard v. Estate of Harper, 947 So. 2d 854, 2006 Miss. LEXIS 626 (Miss. 2006).

OPINIONS OF THE ATTORNEY GENERAL

The Department of Health may not, in adopting regulations establishing a schedule for updated checks, provide an exemption to employees who change employers during the validity period from being subject to another background check as such an exemption would contradict the statutory language requiring a check “on every new employee of a licensed entity.” Thompson, Jr., July 26, 2002, A.G. Op. #02-0360.

Until such time as the Board of Health adopts regulations covering guidelines, procedures and instructions for require criminal history checks, licensed entities cannot be required to comply with the terms of the law pertaining thereto. Steinberger, Sept. 20, 2002, A.G. Op. #02-0476.

Nursing and other allied-health students are “employees” under the definition of subdivision (5)(a) of this section to the extent that clinical training requires hands-on medical patient care and not just observation of care performed by others. Foxworth, Aug. 1, 2003, A.G. Op. 03-0381.

A licensed entity where the student nurse is receiving clinical training shall be notified by the Mississippi State Department of Health of the results of the criminal history record check. The statute does not address releasing the results of the criminal history record check to any other party or entity. Foxworth, Aug. 1, 2003, A.G. Op. 03-0381.

The Department of Health may, in its discretion, adopt a framework such as is set forth in subsection (e) of this section to determine whether the facts and circumstances of a particular case would warrant granting an individual a waiver and permitting him or her to work in a child-care facility. Terney, Apr. 23, 2004, A.G. Op. 04-0124.

Law enforcement officers and employees of fire departments who provide emergency medical care during the course and scope of their official employment are not employees of health care facilities as defined in this section and therefore, do not have to undergo criminal history record checks. However, if a law enforcement officer or fire department employee is enrolled as a student in a health care professional/vocational technical academic program and performs clinical training in a licensed entity, he or she must comply with the law requiting which requires all such students to (a) be under the supervision of a licensed health care provider; and (b) sign affidavits to be on file at the school stating that they have not been convicted of or pleaded guilty or nolo contendere to a felony listed in subdivision (5)(d) of this section, or that any such conviction or plea was reversed on appeal or a pardon was granted for the conviction or plea. Ambulance personnel are subject to the criminal history record check as “employees” of licensed entities if they are employed by an ambulance service which is either (a) owned or operated by a licensed entity or (b) under contract with a licensed entity to transport patients, residents, or clients. Martin, Aug. 27, 2004, A.G. Op. 04-0297.

The Mississippi State Department of Health is the “licensing agency” for purposes of 43-11-13(5). Amy, July 29, 2005, A.G. Op. 05-0365.

Employees of EMS providers who can ever be expected to provide direct, hands-on, medical patient care in a patient’s, resident’s, or client’s room or in a treatment or recovery room to patients, residents, or clients being served by hospitals, nursing homes, personal care homes, home health agencies or hospices, either by virtue of being employed by one of those entities, or through a contract with same, must undergo a criminal history records background check under Section 43-11-13(5). An EMT working for an independent ambulance service that does not have a contract with a covered entity would not be subject to the statute. Amy, July 29, 2005, A.G. Op. 05-0365.

RESEARCH REFERENCES

ALR.

Licensing and regulation of nursing or rest homes. 97 A.L.R.2d 1187.

Patient tort liability of rest, convalescent, or nursing homes. 83 A.L.R.3d 871.

Licensing and regulation of nursing or rest homes. 53 A.L.R.4th 689.

Criminal liability under statutes penalizing abuse or neglect of the institutionalized infirm. 60 A.L.R.4th 1153.

Federal criminal liability of licensed physician for unlawfully prescribing or dispensing “controlled substance” or drug in violation of Controlled Substances Act (21 USCS §§ 801 et seq). 33 A.L.R. Fed. 220.

Am. Jur.

25 Am. Jur. 2d, Drugs and Controlled Substances §§ 19, 21, 23, 40 et seq.

24 Am. Jur. Proof of Facts 3d 73, Nursing Home Liability.

CJS.

28 C.J.S. Supp, Drugs and Narcotics § 266.

§ 43-11-15. Effective date of regulations.

Any institution for the aged or infirm which is in operation at the time of promulgation of any applicable rules or regulations or minimum standards under this chapter shall be given a reasonable time, under the particular circumstances not to exceed one (1) year from the date of such promulgation, within which to comply with such rules and regulations and minimum standards.

HISTORY: Codes, 1942, § 6964-08; Laws, 1952, ch. 384, § 8, eff from and after passage (approved April 11, 1952).

§ 43-11-16. Medical records not public documents but property of institutions for aged and infirm.

Medical records are and shall remain the property of the various institutions for the aged or infirm, subject, however, to reasonable access to the information contained therein upon written request by the resident, his legally appointed representatives, his attending medical personnel and his duly authorized nominees, and upon payment of any reasonable charges for such service. Nothing in this section shall be construed to deny access to medical records by the Attorney General, the licensing agency, or his or its agents and investigators in the discharge of their official duties under this chapter. Except as otherwise provided by law, medical records shall not constitute public records and nothing in this section shall be deemed to impair any privilege of confidence conferred by law or the Mississippi Rules of Evidence on residents, their personal representatives or heirs by Section 13-1-21.

HISTORY: Laws 2002, 3rd Ex Sess, ch. 2, § 10, eff from and after January 1, 2003.

Cross References —

Limitations on charges permitted for photocopying patients’ records by medical provider; physicians to make reasonable charges for depositions, see §11-1-52.

§ 43-11-17. Inspections.

The licensing agency shall make or cause to be made such inspections and investigations as it deems necessary.

HISTORY: Codes, 1942, § 6964-09; Laws, 1952, ch. 384, § 9, eff from and after passage (approved April 11, 1952).

§ 43-11-19. Information confidential.

Information received by the licensing agency through filed reports, inspection, or as otherwise authorized under this chapter, shall not be disclosed publicly in such manner as to identify individuals, except in a proceeding involving the questions of licensure; however, the licensing agency may utilize statistical data concerning types of services and the utilization of those services for institutions for the aged or infirm in performing the statutory duties imposed upon it by Section 41-7-171, et seq. and by Section 43-11-21.

HISTORY: Codes, 1942, § 6964-10; Laws, 1952, ch. 384, § 10; Laws, 1984, ch. 362, § 2, eff from and after July 1, 1984.

§ 43-11-21. Annual report of licensing agency.

The licensing agency shall prepare and publish an annual report of its activities and operations under this chapter. A reasonable number of copies of such publications shall be available in the office of the licensing agency to be furnished free to persons requesting them.

HISTORY: Codes, 1942, § 6964-11; Laws, 1952, ch. 384, § 11, eff from and after passage (approved April 11, 1952).

Cross References —

Use of statistical data compiled under this section, see §43-11-19.

§ 43-11-23. Judicial review.

Any applicant or licensee aggrieved by the decision of the licensing agency after a hearing, may within thirty (30) days after the mailing or serving of notice of the decision as provided in Section 43-11-11, file a notice of appeal in the chancery court of the First Judicial District of Hinds County or the chancery court of the county in which the institution is located or to be located, and the chancery clerk thereof shall serve a copy of the notice of appeal upon the licensing agency. Thereupon the licensing agency shall, within sixty (60) days or such additional time as the court may allow from the service of such notice, certify and file with the court a copy of the record and decision, including the transcript of the hearings on which the decision is based. Findings of fact by the licensing agency shall be conclusive unless substantially contrary to the weight of the evidence but upon good cause shown, the court may remand the case to the licensing agency to take further evidence, and the licensing agency may thereupon affirm, reverse or modify its decision. The court may affirm, modify or reverse the decision of the licensing agency and either the applicant or licensee or the licensing agency may appeal from this decision to the Supreme Court as in other cases in the chancery court. Pending final disposition of the matter the status quo of the applicant or licensee shall be preserved, except as the court otherwise orders in the public interest. Rules with respect to court costs as in other cases in chancery shall apply equally to cases hereunder.

HISTORY: Codes, 1942, § 6964-12; Laws, 1952, ch. 384, § 12; Laws, 1980, ch. 493, § 20; Laws, 1986, ch. 437, § 32, eff from and after July 1, 1986.

Cross References —

Application of this section to appeals from denial, suspension or revocation of license to operate ambulatory surgical facility, see §41-75-11.

Applicability of this section to appeals from decisions relative to the licensing of birthing centers, see §41-77-19.

§ 43-11-25. Penalties.

Any person establishing, conducting, managing or operating an institution for the aged or infirm without a license under this chapter shall be guilty of a misdemeanor, and upon conviction shall be fined not more than one thousand dollars ($1,000.00) for the first offense and not more than one thousand dollars ($1,000.00) for each subsequent offense, and each day of a continuing violation after conviction shall be considered a separate offense.

HISTORY: Codes, 1942, § 6964-13; Laws, 1952, ch. 384, § 13; Laws, 1980, ch. 493, § 21, eff from and after passage (approved May 13, 1980).

Cross References —

Imposition of standard state assessment in addiction to all court imposed fines or other penalties for misdemeanor violations, see §99-19-73.

§ 43-11-27. Injunction.

Notwithstanding the existence or pursuit of any other remedy, the licensing agency may, in the manner provided by law, upon the advice of the Attorney General who, except as otherwise authorized in Section 7-5-39, shall represent the licensing agency in the proceedings, maintain an action in the name of the state for injunction or other process against any person to restrain or prevent the establishment, conduct, management or operation of an institution for the aged or infirm without a license under this chapter.

HISTORY: Codes, 1942, § 6964-14; Laws, 1952, ch. 384, § 14; Laws, 2012, ch. 546, § 16, eff from and after July 1, 2012.

Amendment Notes —

The 2012 amendment inserted “except as otherwise authorized in Section 7-5-39” near the middle.

Cross References —

Suits by Attorney General, see §7-5-37.

Injunctions, generally, see §§11-13-1 et seq.

Choice of Pharmacy Providers in Long-term Care Facilities

§ 43-11-41. Freedom of choice of pharmacy providers for patients in long-term care facilities.

  1. This section shall apply to patients in long-term care facilities, as defined in subsection (2) of this section. It is the intent of the Legislature that the State of Mississippi shall be a “right-to-choose” state for the purposes of Medicaid and Medicare benefits, excluding Medicare Part A, and that patients of long-term care facilities shall have the same rights and privileges concerning pharmacy providers as participants or beneficiaries of health benefit plans.
  2. “Long-term care facility” means any skilled nursing facility, extended care home, intermediate care facility, personal care home or boarding home that is subject to regulation or licensure by the State Department of Health.
  3. A patient in a long-term care facility shall not be limited in his choice of a pharmacy or pharmacist provider if that provider meets the same standards of dispensing guidelines required of long-term care facilities.
  4. A long-term care facility may require that a patient or the person who normally makes health care decisions on behalf of the patient sign a document that identifies his pharmacy or pharmacist provider of choice and that releases the facility of any liability for the dispensing of the prescription until the facility accepts control of the dispensed drug.

HISTORY: Laws, 2007, ch. 460, § 1, eff from and after July 1, 2007.

Chapter 12. Medicaid and Human Services Transparency and Fraud Prevention Act

§ 43-12-1. Short title.

This chapter shall be known and may be cited as the “Medicaid and Human Services Transparency and Fraud Prevention Act.”

HISTORY: Laws, 2017, ch. 421, § 1, eff from and after passage (approved Apr. 12, 2017).

Editor’s Notes —

Laws of 2017, ch. 421, § 25, provides:

“SECTION 25. Sections 1, 2 and 8 of this act shall take effect and be in force from and after the passage of this act; Sections 3, 6, 9, 10, 11, 14, 16, 18 and 21 shall take effect and be in force from and after July 1, 2017; and Sections 4, 5, 7, 12, 13, 15, 17, 19, 20, 22, 23 and 24 shall take effect and be in force from and after July 1, 2019.”

§ 43-12-3. Integration of eligibility systems.

The Division of Medicaid shall submit a final Advanced Planning Document to the Centers for Medicare and Medicaid Services (CMS) for the purpose of applying for the OMB A87 exception to support the integration of eligibility systems between the division and any applicable Department of Human Services program where an integrated system of eligibility will serve the state’s interest in developing shared eligibility services across health and human services programs, while at the same time promoting and enhancing the state’s efforts of ensuring maximum program integrity across each agency. In preparing the final Advanced Planning Document, the division also shall:

Identify functions that can be leveraged or shared across the state Medicaid program and other Department of Human Services programs;

Weigh benefits of shared systems;

Identify interoperability and integration goals;

Seek guidance from the Centers for Medicaid and Medicare Services (CMS) and the Office for the Administration of Children and Families (ACF) on state ideas before submitting the Advanced Planning Document; and

Ensure that the enhancement to front end identity and asset verification is an integral part of the advanced planning and integration process going forward.

The division shall submit a report on its progress to the chairmen of the House and Senate Medicaid Committees within ninety (90) business days and on a quarterly basis thereafter until the final Advanced Planning Document is completed. The report also shall be provided to the other members of the Legislature upon request.

HISTORY: Laws, 2017, ch. 421, § 2, eff from and after passage (approved Apr. 12, 2017).

Editor’s Notes —

Laws of 2017, ch. 421, § 25, provides:

“SECTION 25. Sections 1, 2 and 8 of this act shall take effect and be in force from and after the passage of this act; Sections 3, 6, 9, 10, 11, 14, 16, 18 and 21 shall take effect and be in force from and after July 1, 2017; and Sections 4, 5, 7, 12, 13, 15, 17, 19, 20, 22, 23 and 24 shall take effect and be in force from and after July 1, 2019.”

§ 43-12-5. Real-time eligibility verification service.

  1. Definitions. For purposes of Sections 43-12-5 through 43-12-17, the following definitions apply:
    1. “Department” means the Division of Medicaid or the Department of Human Services, as the case may be.
    2. “Identity information” means an applicant or recipient’s full name, aliases, date of birth, address, Social Security number and other related information, including, but not limited to, the information in subsection (2)(a) of this section.
  2. Establishment of enhanced eligibility verification service.
    1. The department shall establish and use a computerized income, asset, residence and identity eligibility verification service in order to verify eligibility, eliminate the duplication of assistance, and deter waste, fraud, and abuse within each respective assistance program administered by the department. The information verified shall include, but not be limited to:
      1. Earned and unearned income;
      2. Employment status and changes in employment;
      3. Immigration status;
      4. Residency status, including a nationwide best-address source to verify individuals are residents of the state;
      5. Enrollment status in other state-administered public assistance programs, as available in a cost-efficient manner;
      6. Financial resources;
      7. Incarceration status;
      8. Death records;
      9. Enrollment status in public assistance programs outside of this state, as available in a cost-efficient manner; and
      10. Potential identity fraud or identity theft.
    2. The department may issue a Request for Proposals (RFP) from multiple third-party vendors, regardless of the amount of funds to be expended under the contract, for the purposes of identifying fraud in the programs described in this chapter and pursuant to the specifications prescribed in this subsection (2). After evaluating the proposals submitted, the department shall enter into a competitively bid contract with a third-party vendor for the purposes of using and accessing an eligibility verification service by which to verify the income, assets, residence, identity, and other information in paragraph (a) of this subsection (2) to prevent fraud, misrepresentation, and inadequate documentation when determining an applicant’s eligibility for assistance before the distribution of benefits, periodically between eligibility redeterminations, and during eligibility redeterminations and reviews, as prescribed in this section. The department may use more than one (1) eligibility verification service and/or third-party vendor, if doing so is more cost-efficient. The department may renegotiate an existing contract with a current vendor for the purposes stated in this paragraph (b) if doing so is more cost-efficient than issuing a Request for Proposals (RFP) from multiple third-party vendors. If the department determines that it is not more cost-efficient to renegotiate an existing contract with a current vendor, the department shall issue a Request for Proposals (RFP) from multiple third-party vendors as provided in this paragraph (b), regardless of the amount of funds to be expended under the contract. The department may also enter into a competitively bid contract with a third-party vendor to provide information to facilitate reviews of recipient eligibility conducted by the department.
    3. When the department enters into a competitively bid contract with a third-party vendor or renegotiates an existing contract with a current vendor for the purposes of carrying out this eligibility verification service, the vendor, in partnership with the department, shall be required by contract to establish annualized savings realized from implementation of the eligibility verification service. It is the intent of the Legislature that savings exceed the total yearly cost for implementing the eligibility verification service.
    4. To avoid any conflict of interest, when the department enters into a competitively bid contract with a third-party vendor or renegotiates an existing contract with a current vendor, that primary vendor may not currently or will not be allowed to bid on or be awarded a state contract to run enrollment services.
    5. It shall be the responsibility of the contracted third-party vendor to obtain access to any data, data sources and databases, not already being used by the department, for the purposes of implementing the eligibility verification service. The payment structure for the contracted third-party vendor shall be based on a per-applicant rate.
    6. Nothing in this section shall preclude the department from continuing to conduct additional eligibility verification processes, not detailed in this section, that are currently in practice; and nothing in this section shall require the department or third-party vendor to violate the Fair Credit Reporting Act.
  3. The department shall have the eligibility verification service required by this section implemented and operational not later than July 1, 2019. The department shall submit a report every six (6) months on its progress on implementing the eligibility verification service to the Chairmen of the House and Senate Appropriations Committees, the House Public Health and Human Services Committee and the Senate Public Health and Welfare Committee, and the House and Senate Medicaid Committees. The report also shall be provided to the other members of the Legislature upon request.
    1. As used in this subsection, the following terms shall be defined as provided in this paragraph:
      1. “Abuse” includes any practice that is inconsistent with acceptable fiscal, business or medical practices that unnecessarily increase cost.
      2. “Fraud” means misrepresenting the truth to obtain an unauthorized benefit.
    2. The department shall enter or have entered into a competitively-bid contract with a third-party vendor for the purposes of identifying waste, abuse and fraud in the programs administered by the department, focusing on detecting and preventing abuse and fraud by providers of services in those programs, and recovering improper payments made to providers of services in those programs.

HISTORY: Laws, 2017, ch. 421, § 3, eff from and after July 1, 2017.

Editor’s Notes —

Laws of 2017, ch. 421, § 25, provides:

“SECTION 25. Sections 1, 2 and 8 of this act shall take effect and be in force from and after the passage of this act; Sections 3, 6, 9, 10, 11, 14, 16, 18 and 21 shall take effect and be in force from and after July 1, 2017; and Sections 4, 5, 7, 12, 13, 15, 17, 19, 20, 22, 23 and 24 shall take effect and be in force from and after July 1, 2019.”

§ 43-12-7. Enhanced eligibility verification process.

  1. Before awarding assistance, the department shall verify eligibility for assistance by using the enhanced eligibility verification service established in Section 43-12-5(2). The department shall also conduct enhanced eligibility verification under Section 43-12-5(2) periodically between eligibility redeterminations and during eligibility redeterminations when there is a risk of changes in income, assets, residency or other relevant factors and the department has determined that the benefits of enhanced eligibility verification outweigh the cost.
  2. It is the intent of the Legislature that any recipient who has moved out of state shall be terminated from the rolls of eligible recipients within three (3) months of the department being made aware of their change of residency.

HISTORY: Laws, 2017, ch. 421, § 4, eff from and after July 1, 2019.

Editor’s Notes —

Laws of 2017, ch. 421, § 25, provides:

“SECTION 25. Sections 1, 2 and 8 of this act shall take effect and be in force from and after the passage of this act; Sections 3, 6, 9, 10, 11, 14, 16, 18 and 21 shall take effect and be in force from and after July 1, 2017; and Sections 4, 5, 7, 12, 13, 15, 17, 19, 20, 22, 23 and 24 shall take effect and be in force from and after July 1, 2019.”

§ 43-12-9. Enhanced identity authentication process.

Before awarding assistance, applicants for benefits must complete a computerized identity authentication process that shall confirm the applicant owns the identity presented in the application. The department shall continue to review the recipient’s identity ownership periodically to verify and protect the identity of the recipient.

HISTORY: Laws, 2017, ch. 421, § 5, eff from and after July 1, 2019.

Editor’s Notes —

Laws of 2017, ch. 421, § 25, provides:

“SECTION 25. Sections 1, 2 and 8 of this act shall take effect and be in force from and after the passage of this act; Sections 3, 6, 9, 10, 11, 14, 16, 18 and 21 shall take effect and be in force from and after July 1, 2017; and Sections 4, 5, 7, 12, 13, 15, 17, 19, 20, 22, 23 and 24 shall take effect and be in force from and after July 1, 2019.”

§ 43-12-11. Discrepancies and case review.

  1. If a discrepancy results from an applicant or recipient’s identity information and one or more of the databases or information tools authorized under Sections 43-12-5 through 43-12-17, the department shall review the respective applicant or recipient’s case using the following procedures:
    1. If the information discovered does not result in the department finding a discrepancy or change in an applicant’s or recipient’s circumstances that may affect eligibility, the department shall take no further action.
    2. If the information discovered under Sections 43-12-5 through 43-12-17 results in the department finding a discrepancy or change in a recipient’s circumstances that may affect eligibility, the department shall promptly redetermine eligibility after receiving such information within ten (10) business days, or the minimum required by federal law.
    3. If the information discovered under Sections 43-12-5 through 43-12-17 results in the department finding a discrepancy or change in an applicant’s or recipient’s circumstances that may affect eligibility, the applicant or recipient shall be given an opportunity to explain the discrepancy; however, self-declarations by applicants or recipients shall not be accepted as verification of categorical and financial eligibility during eligibility evaluations, reviews, and redeterminations.
    4. Unless prohibited by federal law, the department shall provide written notice, within ten (10) business days, or the minimum required by federal law to the applicant or recipient, which shall describe in sufficient detail the circumstances of the discrepancy or change, the manner in which the applicant or recipient may respond, and the consequences of failing to take action. The applicant or recipient shall have ten (10) business days, or the minimum required by federal law, to respond in an attempt to resolve the discrepancy or change. The explanation provided by the recipient or applicant shall be given in writing. After receiving the explanation, the department may request additional documentation if it determines that there is risk of fraud, misrepresentation, or inadequate documentation.
    5. Unless prohibited by federal laws, if the applicant or recipient does not respond to the notice, the department shall, within ten (10) business days, or the minimum required by federal law deny or discontinue assistance for failure to cooperate, in which case the department shall provide notice of intent to deny or discontinue assistance. Eligibility for assistance shall not be established or reestablished until the discrepancy or change has been resolved.
    6. If an applicant or recipient responds to the notice and disagrees with the findings of the match between his or her identity information and one or more databases or information tools authorized under Sections 43-12-5 through 43-12-17, the department shall review the matter. If the department finds that there has been an error, the department shall take immediate action to correct it and no further action shall be taken. If, after a review, the department determines that there is no error, the department shall determine the effect on the applicant’s or recipient’s case and take appropriate action. Written notice of the respective department’s action shall be given to the applicant or recipient.
    7. If the applicant or recipient agrees with the findings of the match between the applicant’s or recipient’s identity information and one or more databases or information tools authorized under Sections 43-12-5 through 43-12-17, the department shall determine the effect on the applicant or recipient’s case and take appropriate action. Written notice of the department’s action shall be given to the applicant or recipient. In no case shall the department discontinue assistance upon finding a discrepancy or change in circumstances between an individual’s identity information and one or more databases or information tools authorized under Sections 43-12-5 through 43-12-17 until the applicant or recipient has been given notice of the discrepancy and the opportunity to respond as required under this section.
  2. The executive director of the department, or his or her designee, at his or her discretion may review the agency conference record of a hearing to determine that the local or state decision was correct. The executive director, or his or her designee, shall prepare a decision summarizing the issue and the basis for the decision. In cases in which the executive director, or his or her designee, finds that the facts in the record are inadequate or that incorrect policy has been applied, he or she will direct the county to get the facts or use correct policy and change the decision, reinstate the payment, or correct the amount of payment retroactively to the date of erroneous action.
  3. The department shall promulgate rules and regulations necessary for the purposes of carrying out this section.
  4. Wherever applicable and cost-effective, the Division of Medicaid and the Department of Human Services shall share data, data sources, and verification processes aimed at reducing fraud and waste.

HISTORY: Laws, 2017, ch. 421, § 6, eff from and after July 1, 2017.

Editor’s Notes —

Laws of 2017, ch. 421, § 25, provides:

“SECTION 25. Sections 1, 2 and 8 of this act shall take effect and be in force from and after the passage of this act; Sections 3, 6, 9, 10, 11, 14, 16, 18 and 21 shall take effect and be in force from and after July 1, 2017; and Sections 4, 5, 7, 12, 13, 15, 17, 19, 20, 22, 23 and 24 shall take effect and be in force from and after July 1, 2019.”

§ 43-12-13. Referrals for fraud, misrepresentation, or inadequate documentation.

After reviewing changes or discrepancies that may affect program eligibility, the department shall refer, within forty-five (45) business days, suspected cases of fraud, misrepresentation, or inadequate documentation to appropriate agencies, divisions, or departments for review of eligibility discrepancies in other public programs. This shall also include cases where an individual is determined to be no longer eligible for the original program. In cases where fraud affecting program eligibility is substantiated, the department or other appropriate agencies shall garnish wages or state income tax refunds until the state recovers an amount equal to the amount of benefits that were fraudulently received.

HISTORY: Laws, 2017, ch. 421, § 7, eff from and after July 1, 2019.

Editor’s Notes —

Laws of 2017, ch. 421, § 25, provides:

“SECTION 25. Sections 1, 2 and 8 of this act shall take effect and be in force from and after the passage of this act; Sections 3, 6, 9, 10, 11, 14, 16, 18 and 21 shall take effect and be in force from and after July 1, 2017; and Sections 4, 5, 7, 12, 13, 15, 17, 19, 20, 22, 23 and 24 shall take effect and be in force from and after July 1, 2019.”

§ 43-12-15. Reporting.

  1. Thirty (30) business days before entering into a competitively bid contract for the eligibility verification service required by Section 43-12-5, the department shall provide a written report to the Governor, the Chairmen of the House and Senate Appropriations Committees, the House Public Health and Human Services Committee and the Senate Public Health and Welfare Committee, and the House and Senate Medicaid Committees, detailing the data sources proposed to be used by the third-party vendor for eligibility and redeterminations, the relevancy of the information from the data sources, the frequency of how often each data source will be accessed, and an explanation of why other data sources that are readily available are not being used. The report shall include a dynamic cost-benefit analysis that shows the ratio of potential fraud detection to the types and kinds of data sources and information tools proposed to be used by the third-party vendor. The report also shall be provided to the other members of the Legislature upon request.
  2. Six (6) months after the implementation of the eligibility verification service required by Section 43-12-5, and quarterly thereafter, the department shall provide a written report to the Governor, the chairmen of the House and Senate Appropriations Committees, the House Public Health and Human Services Committee and the Senate Public Health and Welfare Committee, and the House and Senate Medicaid Committees, detailing the effectiveness and general findings of the eligibility verification service, including the number of cases reviewed, the number of case closures, the number of referrals for criminal prosecution, recovery of improper payments, collection of civil penalties, and the savings that have resulted from the service. The report also shall be provided to the other members of the Legislature upon request.

HISTORY: Laws, 2017, ch. 421, § 8, eff from and after passage (approved Apr. 12, 2017).

Editor’s Notes —

Laws of 2017, ch. 421, § 25, provides:

“SECTION 25. Sections 1, 2 and 8 of this act shall take effect and be in force from and after the passage of this act; Sections 3, 6, 9, 10, 11, 14, 16, 18 and 21 shall take effect and be in force from and after July 1, 2017; and Sections 4, 5, 7, 12, 13, 15, 17, 19, 20, 22, 23 and 24 shall take effect and be in force from and after July 1, 2019.”

§ 43-12-17. Transparency in Medicaid.

Following the precedent set by Medicare, the department shall electronically release to the public data that includes, but is not limited to the following: the provider’s name and office locations; a provider’s National Provider Identifier (NPI); the type of service provided by Healthcare Common Procedure Coding System (HCPCS) code; and whether the service was performed in a facility or office setting. This public data shall also include the number of services, average submitted charges, average allowed amount, average Medicaid payment, and a count of unique beneficiaries treated. Nothing in this section shall be construed to require the department to publicly share protected information as defined by the federal Health Insurance Portability and Accountability Act (HIPAA).

HISTORY: Laws, 2017, ch. 421, § 9, eff from and after July 1, 2017.

Editor’s Notes —

Laws of 2017, ch. 421, § 25, provides:

“SECTION 25. Sections 1, 2 and 8 of this act shall take effect and be in force from and after the passage of this act; Sections 3, 6, 9, 10, 11, 14, 16, 18 and 21 shall take effect and be in force from and after July 1, 2017; and Sections 4, 5, 7, 12, 13, 15, 17, 19, 20, 22, 23 and 24 shall take effect and be in force from and after July 1, 2019.”

§ 43-12-19. Work requirements.

The Department of Human Services shall not seek, apply for, accept or renew any waiver of requirements established under 7 USC Section 2015(o), except during a formal state or federal declaration of a natural disaster.

HISTORY: Laws, 2017, ch. 421, § 10, eff from and after July 1, 2017.

Editor’s Notes —

Laws of 2017, ch. 421, § 25, provides:

“SECTION 25. Sections 1, 2 and 8 of this act shall take effect and be in force from and after the passage of this act; Sections 3, 6, 9, 10, 11, 14, 16, 18 and 21 shall take effect and be in force from and after July 1, 2017; and Sections 4, 5, 7, 12, 13, 15, 17, 19, 20, 22, 23 and 24 shall take effect and be in force from and after July 1, 2019.”

§ 43-12-21. Federal asset limits for the Supplemental Nutrition Assistance Program.

In no case shall the resource limit standards of the Supplemental Nutrition Assistance Program (SNAP) exceed the standards specified in 7 USC Section 2014(g)(1), unless expressly required by federal law. In no case shall categorical eligibility exempting households from these resource limits be granted for any noncash, in-kind or other benefit, unless expressly required by federal law.

HISTORY: Laws, 2017, ch. 421, § 11, eff from and after July 1, 2017.

Editor’s Notes —

Laws of 2017, ch. 421, § 25, provides:

“SECTION 25. Sections 1, 2 and 8 of this act shall take effect and be in force from and after the passage of this act; Sections 3, 6, 9, 10, 11, 14, 16, 18 and 21 shall take effect and be in force from and after July 1, 2017; and Sections 4, 5, 7, 12, 13, 15, 17, 19, 20, 22, 23 and 24 shall take effect and be in force from and after July 1, 2019.”

§ 43-12-23. Broad-based categorical eligibility.

  1. In no case shall categorical eligibility under 7 USC Section 2014(a) or 7 CFR Section 273.2(j)(2)(iii) be granted for any noncash, in-kind or other benefit unless expressly required by federal law for the Supplemental Nutrition Assistance Program (SNAP).
  2. The Department of Human Services shall not apply gross income standards for food assistance higher than the standards specified in 7 USC Section 2014(c) unless expressly required by federal law. Categorical eligibility exempting households from such gross income standards requirements shall not be granted for any noncash, in-kind or other benefit, unless expressly required by federal law.

HISTORY: Laws, 2017, ch. 421, § 12, eff from and after July 1, 2019.

Editor’s Notes —

Laws of 2017, ch. 421, § 25, provides:

“SECTION 25. Sections 1, 2 and 8 of this act shall take effect and be in force from and after the passage of this act; Sections 3, 6, 9, 10, 11, 14, 16, 18 and 21 shall take effect and be in force from and after July 1, 2017; and Sections 4, 5, 7, 12, 13, 15, 17, 19, 20, 22, 23 and 24 shall take effect and be in force from and after July 1, 2019.”

§ 43-12-25. Sharing enrollee information across agencies.

  1. The Division of Medicaid and the Department of Human Services shall share eligibility information with each other within thirty (30) business days when an enrollee has been disenrolled for any financial or nonfinancial reason that may result in the enrollee’s disqualification for benefits with the other department, and shall include the rationale for the action.
  2. Any department, agency or division receiving information under subsection (1) of this section shall establish procedures to redetermine eligibility for any enrollee whose eligibility or benefit levels could change as a result of new information provided under subsection (1) of this section.

HISTORY: Laws, 2017, ch. 421, § 13, eff from and after July 1, 2019.

Editor’s Notes —

Laws of 2017, ch. 421, § 25, provides:

“SECTION 25. Sections 1, 2 and 8 of this act shall take effect and be in force from and after the passage of this act; Sections 3, 6, 9, 10, 11, 14, 16, 18 and 21 shall take effect and be in force from and after July 1, 2017; and Sections 4, 5, 7, 12, 13, 15, 17, 19, 20, 22, 23 and 24 shall take effect and be in force from and after July 1, 2019.”

§ 43-12-27. Maximum family grant.

For purposes of determining the maximum aid payment under the TANF program, the number of persons in a household shall not be increased for any child born into a household that has received aid under TANF continuously for the ten (10) months before the birth of the child.

HISTORY: Laws, 2017, ch. 421, § 14, eff from and after July 1, 2017.

Editor’s Notes —

Laws of 2017, ch. 421, § 25, provides:

“SECTION 25. Sections 1, 2 and 8 of this act shall take effect and be in force from and after the passage of this act; Sections 3, 6, 9, 10, 11, 14, 16, 18 and 21 shall take effect and be in force from and after July 1, 2017; and Sections 4, 5, 7, 12, 13, 15, 17, 19, 20, 22, 23 and 24 shall take effect and be in force from and after July 1, 2019.”

§ 43-12-29. Verify identities and household composition, and all expenses of welfare applicants.

The Department of Human Services shall verify identity, household composition, expenses, and any other factor affecting eligibility allowed under 7 CFR Section 273.2(f)(3).

HISTORY: Laws, 2017, ch. 421, § 15, eff from and after July 1, 2019.

Editor’s Notes —

Laws of 2017, ch. 421, § 25, provides:

“SECTION 25. Sections 1, 2 and 8 of this act shall take effect and be in force from and after the passage of this act; Sections 3, 6, 9, 10, 11, 14, 16, 18 and 21 shall take effect and be in force from and after July 1, 2017; and Sections 4, 5, 7, 12, 13, 15, 17, 19, 20, 22, 23 and 24 shall take effect and be in force from and after July 1, 2019.”

§ 43-12-31. Full cooperation with fraud investigations.

The Department of Human Services shall communicate the expectation of mandatory cooperation with a fraud investigation and that noncompliance could result in case closure and termination of benefits within thirty (30) business days.

HISTORY: Laws, 2017, ch. 421, § 16, eff from and after July 1, 2017.

Editor’s Notes —

Laws of 2017, ch. 421, § 25, provides:

“SECTION 25. Sections 1, 2 and 8 of this act shall take effect and be in force from and after the passage of this act; Sections 3, 6, 9, 10, 11, 14, 16, 18 and 21 shall take effect and be in force from and after July 1, 2017; and Sections 4, 5, 7, 12, 13, 15, 17, 19, 20, 22, 23 and 24 shall take effect and be in force from and after July 1, 2019.”

§ 43-12-33. Gaps in eligibility reporting.

The Department of Human Services shall not establish or use a simplified reporting system under 7 CFR Section 273.12(a)(5). The department shall provide a written report to the Chairmen of the House and Senate Appropriations Committees, the House Public Health and Human Services Committee and the Senate Public Health and Welfare Committee, and the House and Senate Medicaid Committees, on the costs and state and federal savings of not using a simplified reporting system. The report also shall be provided to the other members of the Legislature upon request.

HISTORY: Laws, 2017, ch. 421, § 17, eff from and after July 1, 2019.

Editor’s Notes —

Laws of 2017, ch. 421, § 25, provides:

“SECTION 25. Sections 1, 2 and 8 of this act shall take effect and be in force from and after the passage of this act; Sections 3, 6, 9, 10, 11, 14, 16, 18 and 21 shall take effect and be in force from and after July 1, 2017; and Sections 4, 5, 7, 12, 13, 15, 17, 19, 20, 22, 23 and 24 shall take effect and be in force from and after July 1, 2019.”

§ 43-12-35. Noncompliance with Temporary Assistance for Needy Families program rules.

  1. The Department of Human Services shall only grant benefits when an approved applicant has signed a written agreement clearly enumerating continued eligibility requirements, circumstances in which sanctions may be imposed, and any potential penalties for noncompliance.
  2. The department shall require all enrollees to be compliant with all program requirements, including work requirements, before granting benefits.
  3. The department shall institute a three-month, full-household sanction for the first instance of noncompliance with any TANF requirement, unless expressly prohibited by federal law.
  4. The department shall terminate benefits for the second instance of noncompliance with any TANF requirement, unless expressly prohibited by federal law.
  5. An individual sanctioned under subsection (3) of this section shall not have benefits reinstated without reviewing the agreement required under subsection (1) of this section.
  6. The department shall deny benefits to any adult member of a household where another adult member of the household has been found to have committed benefits fraud.

HISTORY: Laws, 2017, ch. 421, § 18, eff from and after July 1, 2017.

Editor’s Notes —

Laws of 2017, ch. 421, § 25, provides:

“SECTION 25. Sections 1, 2 and 8 of this act shall take effect and be in force from and after the passage of this act; Sections 3, 6, 9, 10, 11, 14, 16, 18 and 21 shall take effect and be in force from and after July 1, 2017; and Sections 4, 5, 7, 12, 13, 15, 17, 19, 20, 22, 23 and 24 shall take effect and be in force from and after July 1, 2019.”

§ 43-12-37. Noncompliance with Supplemental Nutrition Assistance Program rules.

  1. The Department of Human Services shall set disqualification periods for all instances of noncompliance with any SNAP requirement, unless expressly prohibited by federal law.
  2. The department shall institute a three-month, full-household disqualification period for the first instance of noncompliance, unless expressly prohibited by federal law.
  3. The department shall institute a six-month, full-household disqualification period for the second instance of noncompliance, unless expressly prohibited by federal law.
  4. The department shall institute a permanent disqualification period for the third instance of noncompliance, unless expressly prohibited by federal law.
  5. If a recipient is subject to a disqualification period under subsection (4) of this section, the department shall institute a six-month disqualification period for the recipient’s entire household, unless expressly prohibited by federal law.
  6. Unless expressly prohibited by federal law, recipients shall be subject to disqualification for failure to perform actions required by other federal, state, or local means-tested public assistance programs.

HISTORY: Laws, 2017, ch. 421, § 19, eff from and after July 1, 2019.

Editor’s Notes —

Laws of 2017, ch. 421, § 25, provides:

“SECTION 25. Sections 1, 2 and 8 of this act shall take effect and be in force from and after the passage of this act; Sections 3, 6, 9, 10, 11, 14, 16, 18 and 21 shall take effect and be in force from and after July 1, 2017; and Sections 4, 5, 7, 12, 13, 15, 17, 19, 20, 22, 23 and 24 shall take effect and be in force from and after July 1, 2019.”

§ 43-12-39. Out-of-state spending.

  1. The Department of Human Services shall post on its website and make available on an annual basis to the chairmen of the House and Senate Appropriations Committees, the House Public Health and Human Services Committee and the Senate Public Health and Welfare Committee a report of SNAP and TANF benefit spending. The report also shall be provided to the other members of the Legislature upon request.
  2. The report required under subsection (1) of this section shall include:
    1. The dollar amount and number of transactions of SNAP benefits that are accessed or spent out-of-state, disaggregated by state;
    2. The dollar amount and number of transactions of TANF benefits that are accessed or spent out-of-state, disaggregated by state;
    3. The dollar amount, number of transactions, and times of transactions of SNAP benefits that are accessed or spent in-state, disaggregated by retailer, institution, or location, unless expressly prohibited by federal law; and
    4. The dollar amount, number of transactions, and time of transactions of TANF benefits that are accessed or spent in-state, disaggregated by retailer, institution, or location.
  3. The report required under subsection (1) of this section shall be de-identified to prevent identification of individual recipients.

HISTORY: Laws, 2017, ch. 421, § 20, eff from and after July 1, 2019.

Editor’s Notes —

Laws of 2017, ch. 421, § 25, provides:

“SECTION 25. Sections 1, 2 and 8 of this act shall take effect and be in force from and after the passage of this act; Sections 3, 6, 9, 10, 11, 14, 16, 18 and 21 shall take effect and be in force from and after July 1, 2017; and Sections 4, 5, 7, 12, 13, 15, 17, 19, 20, 22, 23 and 24 shall take effect and be in force from and after July 1, 2019.”

§ 43-12-41. Public reporting.

  1. The Division of Medicaid and the Department of Human Services shall provide on an annual basis to the chairmen of the House and Senate Appropriations Committees, the House Public Health and Human Services Committee and the Senate Public Health and Welfare Committee, and the House and Senate Medicaid Committees, a report of characteristics of recipients of Medicaid, SNAP and TANF benefits. The report also shall be provided to the other members of the Legislature upon request.
  2. The report required under subsection (1) of this section shall include:
    1. The length of enrollment, disaggregated by program and eligibility group;
    2. The share of recipients concurrently enrolled in one or more additional means-tested programs, disaggregated by program and eligibility group;
    3. The number of means-tested programs recipients are concurrently enrolled in, disaggregated by program and eligibility group;
    4. The demographics and characteristics of recipients, disaggregated by program and eligibility group; and
    5. The dollar amount spent on advertising and marketing for TANF, SNAP, Medicaid, and other means-tested programs, including both state and federal funds, disaggregated by program.
  3. The report required under subsection (1) of this section shall be de-identified to prevent identification of individual recipients.

HISTORY: Laws, 2017, ch. 421, § 21, eff from and after July 1, 2017.

Editor’s Notes —

Laws of 2017, ch. 421, § 25, provides:

“SECTION 25. Sections 1, 2 and 8 of this act shall take effect and be in force from and after the passage of this act; Sections 3, 6, 9, 10, 11, 14, 16, 18 and 21 shall take effect and be in force from and after July 1, 2017; and Sections 4, 5, 7, 12, 13, 15, 17, 19, 20, 22, 23 and 24 shall take effect and be in force from and after July 1, 2019.”

§ 43-12-43. Pilot program for photos on EBT cards.

  1. The Department of Human Services may establish a pilot program in which a photograph of the recipient is included on any electronic benefits transfer card issued by the department to the recipient, unless the recipient declines to have the photograph included. When a recipient is a minor or otherwise incapacitated individual, a parent or legal guardian of such recipient may have a photograph of such parent or legal guardian placed on the card.
  2. The Department of Human Services shall explore opportunities with other state agencies, departments, or divisions, including the Department of Public Safety, to share photographs when available. The Department of Human Services may sign one or more memorandum of understanding with such agencies, departments, or divisions as necessary to implement this section.

HISTORY: Laws, 2017, ch. 421, § 22, eff from and after July 1, 2019.

Editor’s Notes —

Laws of 2017, ch. 421, § 25, provides:

“SECTION 25. Sections 1, 2 and 8 of this act shall take effect and be in force from and after the passage of this act; Sections 3, 6, 9, 10, 11, 14, 16, 18 and 21 shall take effect and be in force from and after July 1, 2017; and Sections 4, 5, 7, 12, 13, 15, 17, 19, 20, 22, 23 and 24 shall take effect and be in force from and after July 1, 2019.”

§ 43-12-45. Limits on spending locations.

  1. Funds available on electronic benefit transfer cards shall not be used to purchase alcohol, liquor or imitation liquor, cigarettes, tobacco products, bail, gambling activities, lottery tickets, tattoos, travel services provided by a travel agent, money transmission to locations abroad, sexually oriented adult materials, concert tickets, professional or collegiate sporting event tickets, or tickets for other entertainment events intended for the general public.
  2. Electronic benefit transfer card transactions shall be prohibited at all retail liquor stores, casinos, gaming establishments, jewelry stores, tattoo parlors, massage parlors, body piercing parlors, spas, nail salons, lingerie shops, tobacco paraphernalia stores, vapor cigarette stores, psychic or fortune telling businesses, bail bond companies, video arcades, movie theaters, cruise ships, theme parks, dog or horse racing facilities, pari-mutuel facilities, sexually oriented businesses, retail establishments that provide adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment, and businesses or retail establishments where minors under eighteen (18) years of age are not permitted.
  3. Upon enrollment, the Department of Human Services shall provide new applicants an itemized list of prohibited purchases, including those specified in subsection (1) of this section, and make such a list available on the department’s website.
  4. The department shall prohibit establishments identified under subsection (2) of this section from operating ATMs that accept electronic benefit transfer cards. Businesses found in violation of this subsection shall be subject to appropriate licensing sanctions.
  5. If a recipient is found to have violated subsection (1) of this section, the department shall issue a warning in writing to the recipient. The recipient shall be subject to disqualification of benefits for up to three (3) months following the first offense and a permanent termination of benefits following the second offense, unless expressly prohibited by federal law.

HISTORY: Laws, 2017, ch. 421, § 23, eff from and after July 1, 2019.

Editor’s Notes —

Laws of 2017, ch. 421, § 25, provides:

“SECTION 25. Sections 1, 2 and 8 of this act shall take effect and be in force from and after the passage of this act; Sections 3, 6, 9, 10, 11, 14, 16, 18 and 21 shall take effect and be in force from and after July 1, 2017; and Sections 4, 5, 7, 12, 13, 15, 17, 19, 20, 22, 23 and 24 shall take effect and be in force from and after July 1, 2019.”

§ 43-12-47. Excessive EBT card loss.

  1. The Department of Human Services shall send all recipients that have requested four (4) replacement cards within a twelve-month-period a letter informing them that another request shall require participation in a face-to-face interview with a fraud investigator and eligibility expert.
  2. If a third-party vendor is administering replacement cards directly to recipients, it shall notify the department after the request for a fourth replacement card in a twelve-month-period, and any subsequent request thereafter.
  3. Upon a recipient’s request of a fifth replacement card within any twelve-month-period, and any subsequent request thereafter, the department shall schedule an interview, within thirty (30) business days, with a fraud investigator and eligibility expert before another new card is issued.
  4. Unless expressly prohibited by federal law, if a recipient fails to appear at an interview scheduled under subsection (3) of this section, the department shall terminate the recipient’s benefits within ten (10) business days, or the minimum required by federal law.

HISTORY: Laws, 2017, ch. 421, § 24, eff from and after July 1, 2019.

Editor’s Notes —

Laws of 2017, ch. 421, § 25, provides:

“SECTION 25. Sections 1, 2 and 8 of this act shall take effect and be in force from and after the passage of this act; Sections 3, 6, 9, 10, 11, 14, 16, 18 and 21 shall take effect and be in force from and after July 1, 2017; and Sections 4, 5, 7, 12, 13, 15, 17, 19, 20, 22, 23 and 24 shall take effect and be in force from and after July 1, 2019.”

§ 43-12-71. Eligibility for TANF or SNAP benefits following certain criminal convictions

As provided in 21 USC Section 862a(d)(1), Mississippi opts out of the application of 21 USC Section 862a(a) to all individuals domiciled in the state.

HISTORY: Laws, 2019, ch. 466, § 38, eff from and after July 1, 2019.

Editor's Note —

Laws of 2019, ch. 466, § 1 provides:

“SECTION 1. This act shall be known and may be cited as the `Criminal Justice Reform Act.”

Federal Aspects.— Temporary assistance for needy families (TANF), see 42 USCS § 601 et seq.

Supplemental nutrition assistance program (SNAP), see 7 USCS § 2011.

Chapter 13. Medical Assistance for the Aged; Medicaid

Article 1. Medical Assistance for the Aged.

§ 43-13-1. Citation of article.

This article shall be known as and may be cited as the “Medical Assistance for the Aged Law.”

HISTORY: Codes, 1942, § 7290-01; Laws, 1964, ch. 446, § 1, eff from and after passage (approved June 11, 1964).

Cross References —

Social security and state retirement and disability benefits, see §§25-11-1 et seq.

Evaluation and review of professional health services providers, see §§41-63-1 et seq.

Department of Human Services to be Department of Public Welfare, see §43-1-1.

Mandatory state supplemental payments to aged and blind persons and persons with disabilities, see §§43-1-31 through43-1-37.

Old age assistance, see §§43-9-1 et seq.

Federal Aspects—

Health Insurance for Aged and Disabled (Medicare), see 42 USCS §§ 1395 et seq.

RESEARCH REFERENCES

Practice References.

Eric M. Carlson, Long-Term Care Advocacy (Matthew Bender).

Elder Law Library (CD-ROM) (LexisNexis).

Health Care Administration Library (CD-ROM) (LexisNexis).

§ 43-13-3. Definitions.

Unless the context clearly requires a different meaning as used in this article:

  1. “Medical assistance for the aged” means payment of part or all of the cost of the following care and services provided for persons sixty-five (65) years of age or older who are not recipients of old age assistance but whose income and resources are insufficient to meet all of such cost:
    1. Inpatient hospital services;
    2. Skilled nursing-home services;
    3. Physicians’ services;
    4. Outpatient hospital or clinic services;
    5. Home health care services;
    6. Private duty nursing service;
    7. Physical therapy and related services;
    8. Dental and optometric services;
    9. Laboratory and X-ray services;
    10. Prescribed drugs, eyeglasses, dentures, and prosthetic devices;
    11. Diagnostic, screening, and preventive services; and
    12. Any other medical care or remedial care recognized under state law.
  2. The definitions of the care and services listed above shall be in keeping with Title I or Title XVI of the federal Social Security Act as amended, the rules and regulations promulgated by the secretary of health, education, and welfare, and the state licensing laws governing such care and services when licensing is required.
  3. “Administering agency” means the state department of public welfare, the state board of public welfare of which shall have the duty of making and publishing rules and regulations, not inconsistent with the terms of this article, as may be necessary for its efficient administration.
  4. “A vendor payment” is a payment made directly to a supplier or provider of medical and remedial care or service on behalf of an eligible recipient of medical assistance to the aged.

HISTORY: Codes, 1942, § 7290-02; Laws, 1964, ch. 446, § 2, eff from and after passage (approved June 11, 1964).

Cross References —

Department of Human Services to be Department of Public Welfare, see §43-1-1.

Institutions for the aged and infirm, see §§43-11-1 et seq.

Federal Aspects—

Title I of the Social Security Act, see 42 USCS §§ 301 et seq.

Title XVI of the Social Security Act, see §§ 1381 note through 1385 note.

§ 43-13-5. Medical assistance for the aged.

The State Department of Public Welfare, after having made a determination with respect to eligibility with due regard to the resources and income of the applicant, may make vendor payments on behalf of eligible individuals for such care as may be authorized within the limits of available funds, provided that such medical or remedial care is rendered by or under the supervision of a licensed practitioner, and provided further that no regulation shall be promulgated which limits or abridges the recipient’s free choice of the provider of medical and remedial care or service. Such recipients of medical assistance for the aged shall only be persons:

  1. Who shall have attained the age of sixty-five (65) years;
  2. Who are not receiving old age assistance;
  3. Who have net income and resources not exceeding amounts as may be set forth from time to time by the administering agency of the state; and
  4. Who have not made a voluntary assignment or transfer of property for the purpose of qualifying for such assistance at any time within two (2) years immediately prior to the filing of an application for medical assistance for the aged.

    Medical assistance for the aged shall be payable under this article on behalf of any person who is a patient of an institution, public or private, where such payments are matchable under the provisions of the federal Social Security Act as amended and where such institution conforms to the requirements of the federal Social Security Act as amended and the applicable statutes of Mississippi.

HISTORY: Codes, 1942, § 7290-03; Laws, 1964, ch. 446, § 3, eff from and after passage (approved June 11, 1964).

Cross References —

Department of Human Services to be Department of Public Welfare, see §43-1-1.

Disclosure of records of public assistance payments and disbursements, see §43-1-19.

Federal Aspects—

Social Security Act generally, see 42 USCS §§ 301 et seq.

Health Insurance for Aged and Disabled (Medicare), see 42 USCS §§ 1395 et seq.

JUDICIAL DECISIONS

1. Freedom of choice.

Mississippi Division of Medicaid’s prohibition of respiratory therapists in small and large nursing facilities, but approval of the same in hospitals and higher acuity nursing facilities, did not violate the freedom of choice provision. CLC of Biloxi, LLC v. Miss. Div. of Medicaid, 238 So.3d 16, 2018 Miss. App. LEXIS 73 (Miss. Ct. App. 2018).

§ 43-13-7. Obligations upon the administering agency.

The administering agency, in providing medical assistance for the aged, shall:

  1. Include some institutional and some noninstitutional medical care;
  2. Provide an opportunity for hearing before an appeals and review body within the agency for any applicant whose application is denied upon request by such applicant, who has been denied the opportunity to apply for such assistance, whose application has not been acted upon with reasonable promptness, whose benefit hereunder has not been forthcoming with reasonable promptness after a determination of eligibility and approval of the application has been made, whose benefit authorization has been revoked, and/or whose benefit authorization is reduced;
  3. Provide that, in the issuance of regulations, no enrollment fee, premium, or similar charge may be imposed as a condition of the individual’s eligibility for such assistance;
  4. Provide for the furnishing of such assistance to residents of the state who are temporarily absent therefrom;
  5. Publish and make available a description of services to be provided to help recipients attain self-care including utilization of other agencies providing similar or related services;
  6. Provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the state program;
  7. Establish reasonable standards for determining eligibility for and the extent of such assistance;
  8. Provide that no lien will be imposed on the property of the recipient prior to his death and that there will be no recovery until after death from such a recipient and the surviving spouse, if any, for any medical assistance correctly paid on behalf of such recipient; and
  9. Promulgate no citizenship requirement for eligibility which excludes a citizen of the United States.

HISTORY: Codes, 1942, § 7290-04; Laws, 1964, ch. 446, § 4, eff from and after passage (approved June 11, 1964).

§ 43-13-9. Medical advisory committee.

The state board of public welfare shall appoint a medical advisory committee consisting of not less than nine (9) nor more than twenty (20) physicians from among nominees made by the Mississippi State Medical Association whose respective tenures of service shall be not less than two (2) nor more than four (4) years. Members of this committee shall serve without compensation, but expenses to defray actual expenses incurred in the performance of travel, lodging, and subsistence may be authorized, shall meet not less than twice annually, and shall be furnished written notice of meetings called at least ten (10) days prior to the date of the meeting. The state board of public welfare may also appoint one (1) person from each of the other medical or remedial care professions to serve as members of the medical advisory committee if, in the opinion of the board, their service on said committee would be helpful to the state department of public welfare in administering the provisions of this article. The committee, among its duties and responsibilities prescribed and agreed to, shall:

  1. Advise the administering agency and personnel thereof with respect to determining the quantity and extent of medical care provided under this article;
  2. Communicate the views of the medical care professions in these respects to the administering agency;
  3. Communicate the views of the administering agency in these respects to the medical care professions; and
  4. Encourage physicians and other medical care personnel to participate in medical care programs herein authorized and prescribed, although such participation shall not be mandatory upon any such personnel.

HISTORY: Codes, 1942, § 7290-05; Laws, 1964, ch. 446, § 5, eff from and after passage (approved June 11, 1964).

Cross References —

Terms “State Board of Public Welfare and “State Department of Public Welfare” to mean Board of Human Services, see §43-1-1.

§ 43-13-11. Program administration and vendor payments.

The administering agency is authorized to contract with other state government and nongovernment agencies and organizations in the State of Mississippi for purposes of performing all or part of the administrative aspects of medical or remedial care programs herein authorized, paying a reasonable fee for such service.

HISTORY: Codes, 1942, § 7290-06; Laws, 1964, ch. 446, § 6, eff from and after passage (approved June 11, 1964).

Cross References —

Cessation of institutional reimbursements for failure to disclose or provide access to records, see §43-13-229.

§ 43-13-13. Penalties.

Any person, making application for benefits under this article for himself or for another person, and any vendor, who knowingly makes a false statement or false representation or fails to disclose a material fact to obtain or increase any benefit or payment under this article shall be guilty of a misdemeanor, and upon conviction therefor shall be punished by a fine not to exceed one hundred dollars ($100.00), or imprisoned not to exceed thirty (30) days, or both such fine and imprisonment. Each subsequent false statement or false representation or failure to disclose a material fact shall constitute a separate offense.

HISTORY: Codes, 1942, § 7290-07; Laws, 1964, ch. 446, § 7, eff from and after passage (approved June 11, 1964).

Cross References —

Medicaid Fraud Control Act, see §§43-13-201 et seq.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

Article 3. Medicaid.

§ 43-13-101. Title of article.

This article shall be entitled and cited as the “Mississippi Medicaid Law.”

HISTORY: Codes, 1942, § 7290-31; Laws, 1969, Ex Sess, ch. 37, § 1, eff from and after passage (approved October 10, 1969).

Cross References —

Social security and state retirement and disability benefits, see §§25-11-1 et seq.

Certificate of need issued for construction of certain health care facilities and skilled nursing home care if the owner of the facility agrees in writing not to participate in Medicaid program, see §41-7-191.

Evaluation and review of professional health services providers, see §§41-63-1 et seq.

Eligibility for benefits under the Mississippi Children’s Health Insurance Program Act, see §41-86-15.

Old age assistance, see §§43-9-1 et seq.

Medicaid Fraud Control Act, see §§43-13-201 et seq.

Provisions relative to third party liability for medical payments and transmission of information regarding such liability to the Division of Medicaid, see Article 7 of this chapter (§§43-13-301 et seq).

Federal Aspects—

Grants to States for Medical Assistance Programs (Medicaid), see 42 USCS §§ 1396 et seq.

RESEARCH REFERENCES

Practice References.

Health Care Administration Library (CD-ROM) (LexisNexis).

§ 43-13-103. Purpose.

For the purpose of affording health care and remedial and institutional services in accordance with the requirements for federal grants and other assistance under Titles XVIII, XIX and XXI of the Social Security Act, as amended, a statewide system of medical assistance is established and shall be in effect in all political subdivisions of the state, to be financed by state appropriations and federal matching funds therefor, and to be administered by the Office of the Governor as hereinafter provided.

HISTORY: Codes, 1942, § 7290-32; Laws, 1969, Ex Sess, ch. 37, § 2; Laws, 1984, ch. 488, § 39; Laws, 2000, ch. 301, § 1, eff from and after July 1, 1999.

Editor’s Notes —

Chapter 301 of Laws of 2000 was Senate Bill 2143, 1999 Regular Session, and originally passed both Houses of the Legislature on March 30, 1999. The Governor vetoed Senate Bill 2143 on April 23, 1999. The veto was overridden by the State Senate on February 16, 2000, and by the State House of Representatives on February 17, 2000.

Cross References —

Eligibility for benefits under the Mississippi Children’s Health Insurance Program Act, see §41-86-15.

Federal Aspects—

Titles XVIII, XIX and XXI of the Social Security Act appear as 42 USCS §§ 1395 through 1395ccc, 42 USCS §§ 1396 through 1396v, and 42 USCS §§ 1397aa through 1397jj respectively.

Grants to States for Medical Assistance Programs (Medicaid), see 42 USCS §§ 1396 et seq.

§ 43-13-105. Definitions.

When used in this article, the following definitions shall apply, unless the context requires otherwise:

“Administering agency” means the Division of Medicaid in the Office of the Governor as created by this article.

“Division” or “Division of Medicaid” means the Division of Medicaid in the Office of the Governor.

“Medical assistance” means payment of part or all of the costs of medical and remedial care provided under the terms of this article and in accordance with provisions of Titles XIX and XXI of the Social Security Act, as amended.

“Applicant” means a person who applies for assistance under Titles IV, XVI, XIX or XXI of the Social Security Act, as amended, and under the terms of this article.

“Recipient” means a person who is eligible for assistance under Title XIX or XXI of the Social Security Act, as amended and under the terms of this article.

“State health agency” means any agency, department, institution, board or commission of the State of Mississippi, except the University of Mississippi Medical School, which is supported in whole or in part by any public funds, including funds directly appropriated from the State Treasury, funds derived by taxes, fees levied or collected by statutory authority, or any other funds used by “state health agencies” derived from federal sources, when any funds available to such agency are expended either directly or indirectly in connection with, or in support of, any public health, hospital, hospitalization or other public programs for the preventive treatment or actual medical treatment of persons with a physical disability, mental illness or an intellectual disability.

“Mississippi Medicaid Commission” or “Medicaid Commission,” wherever they appear in the laws of the State of Mississippi, means the Division of Medicaid in the Office of the Governor.

HISTORY: Codes, 1942, § 7290-33; Laws, 1969, Ex Sess, ch. 37, § 3; Laws, 1980, ch. 508, § 4; Laws, 1984, ch. 488, § 40; Laws, 2000, ch. 301, § 2; Laws, 2010, ch. 476, § 70, eff from and after passage (approved Apr. 1, 2010).

Editor’s Notes —

Chapter 301 of Laws of 2000 was Senate Bill 2143, 1999 Regular Session, and originally passed both Houses of the Legislature on March 30, 1999. The Governor vetoed Senate Bill 2143 on April 23, 1999. The veto was overridden by the State Senate on February 16, 2000, and by the State House of Representatives on February 17, 2000.

Amendment Notes —

The 2010 amendment in (f), substituted “means” for “shall mean,” inserted “of Mississippi” preceding “Medical School” and substituted “with a physical disability, mental illness or an intellectual disability” for “who are physically or mentally ill or mentally retarded”; and substituted “means” for “shall mean” in (g).

Cross References —

Affect of any member of a board, commission, council or authority changing domicile after appointment, see §7-13-9.

Eligibility for benefits under the Mississippi Children’s Health Insurance Program Act, see §41-86-15.

State Department of Public Welfare, see §43-1-1.

Submission and approval of budgets of state health agencies, see §43-13-111.

Federal Aspects—

Titles IV, XVI, XIX and XXI of the Social Security Act appear as 42 USCS §§ 601 through 687, 42 USCS §§ 1381 note through 1385 note, 42 USCS §§ 1396 through 1396v, and 42 USCS §§ 1397aa through 1397jj, respectively.

§ 43-13-107. Division of Medicaid created; director and other personnel; Medical Care Advisory Committee; Drug Use Review Board; Pharmacy and Therapeutics Committee.

  1. The Division of Medicaid is created in the Office of the Governor and established to administer this article and perform such other duties as are prescribed by law.
    1. The Governor shall appoint a full-time executive director, with the advice and consent of the Senate, who shall be either (i) a physician with administrative experience in a medical care or health program, or (ii) a person holding a graduate degree in medical care administration, public health, hospital administration, or the equivalent, or (iii) a person holding a bachelor’s degree with at least three (3) years’ experience in management-level administration of, or policy development for, Medicaid programs. Provided, however, no one who has been a member of the Mississippi Legislature during the previous three (3) years may be Executive Director. The executive director shall be the official secretary and legal custodian of the records of the division; shall be the agent of the division for the purpose of receiving all service of process, summons and notices directed to the division; shall perform such other duties as the Governor may prescribe from time to time; and shall perform all other duties that are now or may be imposed upon him or her by law.
    2. The executive director shall serve at the will and pleasure of the Governor.
    3. The executive director shall, before entering upon the discharge of the duties of the office, take and subscribe to the oath of office prescribed by the Mississippi Constitution and shall file the same in the Office of the Secretary of State, and shall execute a bond in some surety company authorized to do business in the state in the penal sum of One Hundred Thousand Dollars ($100,000.00), conditioned for the faithful and impartial discharge of the duties of the office. The premium on the bond shall be paid as provided by law out of funds appropriated to the Division of Medicaid for contractual services.
    4. The executive director, with the approval of the Governor and subject to the rules and regulations of the State Personnel Board, shall employ such professional, administrative, stenographic, secretarial, clerical and technical assistance as may be necessary to perform the duties required in administering this article and fix the compensation for those persons, all in accordance with a state merit system meeting federal requirements.When the salary of the executive director is not set by law, that salary shall be set by the State Personnel Board.No employees of the Division of Medicaid shall be considered to be staff members of the immediate Office of the Governor; however, Section 25-9-107(c)(xv) shall apply to the executive director and other administrative heads of the division.
    1. There is established a Medical Care Advisory Committee, which shall be the committee that is required by federal regulation to advise the Division of Medicaid about health and medical care services.
    2. The advisory committee shall consist of not less than eleven (11) members, as follows:
      1. The Governor shall appoint five (5) members, one (1) from each congressional district and one (1) from the state at large;
      2. The Lieutenant Governor shall appoint three (3) members, one (1) from each Supreme Court district;
      3. The Speaker of the House of Representatives shall appoint three (3) members, one (1) from each Supreme Court district.

      All members appointed under this paragraph shall either be health care providers or consumers of health care services. One (1) member appointed by each of the appointing authorities shall be a board-certified physician.

    3. The respective Chairmen of the House Medicaid Committee, the House Public Health and Human Services Committee, the House Appropriations Committee, the Senate Medicaid Committee, the Senate Public Health and Welfare Committee and the Senate Appropriations Committee, or their designees, one (1) member of the State Senate appointed by the Lieutenant Governor and one (1) member of the House of Representatives appointed by the Speaker of the House, shall serve as ex officio nonvoting members of the advisory committee.
    4. In addition to the committee members required by paragraph (b), the advisory committee shall consist of such other members as are necessary to meet the requirements of the federal regulation applicable to the advisory committee, who shall be appointed as provided in the federal regulation.
    5. The chairmanship of the advisory committee shall be elected by the voting members of the committee annually and shall not serve more than two (2) consecutive years as chairman.
    6. The members of the advisory committee specified in paragraph (b) shall serve for terms that are concurrent with the terms of members of the Legislature, and any member appointed under paragraph (b) may be reappointed to the advisory committee. The members of the advisory committee specified in paragraph (b) shall serve without compensation, but shall receive reimbursement to defray actual expenses incurred in the performance of committee business as authorized by law. Legislators shall receive per diem and expenses, which may be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session.
    7. The advisory committee shall meet not less than quarterly, and advisory committee members shall be furnished written notice of the meetings at least ten (10) days before the date of the meeting.
    8. The executive director shall submit to the advisory committee all amendments, modifications and changes to the state plan for the operation of the Medicaid program, for review by the advisory committee before the amendments, modifications or changes may be implemented by the division.
    9. The advisory committee, among its duties and responsibilities, shall:
      1. Advise the division with respect to amendments, modifications and changes to the state plan for the operation of the Medicaid program;
      2. Advise the division with respect to issues concerning receipt and disbursement of funds and eligibility for Medicaid;
      3. Advise the division with respect to determining the quantity, quality and extent of medical care provided under this article;
      4. Communicate the views of the medical care professions to the division and communicate the views of the division to the medical care professions;
      5. Gather information on reasons that medical care providers do not participate in the Medicaid program and changes that could be made in the program to encourage more providers to participate in the Medicaid program, and advise the division with respect to encouraging physicians and other medical care providers to participate in the Medicaid program;
      6. Provide a written report on or before November 30 of each year to the Governor, Lieutenant Governor and Speaker of the House of Representatives.
    1. There is established a Drug Use Review Board, which shall be the board that is required by federal law to:
      1. Review and initiate retrospective drug use, review including ongoing periodic examination of claims data and other records in order to identify patterns of fraud, abuse, gross overuse, or inappropriate or medically unnecessary care, among physicians, pharmacists and individuals receiving Medicaid benefits or associated with specific drugs or groups of drugs.
      2. Review and initiate ongoing interventions for physicians and pharmacists, targeted toward therapy problems or individuals identified in the course of retrospective drug use reviews.
      3. On an ongoing basis, assess data on drug use against explicit predetermined standards using the compendia and literature set forth in federal law and regulations.
    2. The board shall consist of not less than twelve (12) members appointed by the Governor, or his designee.
    3. The board shall meet at least quarterly, and board members shall be furnished written notice of the meetings at least ten (10) days before the date of the meeting.
    4. The board meetings shall be open to the public, members of the press, legislators and consumers. Additionally, all documents provided to board members shall be available to members of the Legislature in the same manner, and shall be made available to others for a reasonable fee for copying. However, patient confidentiality and provider confidentiality shall be protected by blinding patient names and provider names with numerical or other anonymous identifiers. The board meetings shall be subject to the Open Meetings Act (Sections 25-41-1 through 25-41-17). Board meetings conducted in violation of this section shall be deemed unlawful.
    1. There is established a Pharmacy and Therapeutics Committee, which shall be appointed by the Governor, or his designee.
    2. The committee shall meet as often as needed to fulfill its responsibilities and obligations as set forth in this section, and committee members shall be furnished written notice of the meetings at least ten (10) days before the date of the meeting.
    3. The committee meetings shall be open to the public, members of the press, legislators and consumers. Additionally, all documents provided to committee members shall be available to members of the Legislature in the same manner, and shall be made available to others for a reasonable fee for copying. However, patient confidentiality and provider confidentiality shall be protected by blinding patient names and provider names with numerical or other anonymous identifiers. The committee meetings shall be subject to the Open Meetings Act (Sections 25-41-1 through 25-41-17). Committee meetings conducted in violation of this section shall be deemed unlawful.
    4. After a thirty-day public notice, the executive director, or his or her designee, shall present the division’s recommendation regarding prior approval for a therapeutic class of drugs to the committee. However, in circumstances where the division deems it necessary for the health and safety of Medicaid beneficiaries, the division may present to the committee its recommendations regarding a particular drug without a thirty-day public notice. In making that presentation, the division shall state to the committee the circumstances that precipitate the need for the committee to review the status of a particular drug without a thirty-day public notice. The committee may determine whether or not to review the particular drug under the circumstances stated by the division without a thirty-day public notice. If the committee determines to review the status of the particular drug, it shall make its recommendations to the division, after which the division shall file those recommendations for a thirty-day public comment under Section 25-43-7(1).
    5. Upon reviewing the information and recommendations, the committee shall forward a written recommendation approved by a majority of the committee to the executive director, or his or her designee. The decisions of the committee regarding any limitations to be imposed on any drug or its use for a specified indication shall be based on sound clinical evidence found in labeling, drug compendia, and peer reviewed clinical literature pertaining to use of the drug in the relevant population.
    6. Upon reviewing and considering all recommendations including recommendations of the committee, comments, and data, the executive director shall make a final determination whether to require prior approval of a therapeutic class of drugs, or modify existing prior approval requirements for a therapeutic class of drugs.
    7. At least thirty (30) days before the executive director implements new or amended prior authorization decisions, written notice of the executive director’s decision shall be provided to all prescribing Medicaid providers, all Medicaid enrolled pharmacies, and any other party who has requested the notification. However, notice given under Section 25-43-7(1) will substitute for and meet the requirement for notice under this subsection.
    8. Members of the committee shall dispose of matters before the committee in an unbiased and professional manner. If a matter being considered by the committee presents a real or apparent conflict of interest for any member of the committee, that member shall disclose the conflict in writing to the committee chair and recuse himself or herself from any discussions and/or actions on the matter.

HISTORY: Codes, 1942, § 7290-34; Laws, 1969, Ex Sess, ch. 37, § 4; Laws, 1973, ch. 312, § 1; Laws, 1980, ch. 560, § 10; Laws, 1984, ch. 488, § 41; Laws, 2000, ch. 301, § 3; Laws, 2000, ch. 498, § 1; Laws, 2002, ch. 304, § 4; Laws, 2003, ch. 543, § 4; Laws, 2004, ch. 593, § 1; Laws, 2007, ch. 553, § 1; brought forward without change, Laws, 2008, ch. 360, § 1; Laws, 2009, 2nd Ex Sess, ch. 118, § 1; Laws, 2012, ch. 530, § 1; Laws, 2013, 2nd Ex Sess, ch. 1, § 1; Laws, 2015, ch. 473, § 1; Laws, 2017, ch. 304, § 1; Laws, 2017, ch. 408, § 1, eff from and after July 1, 2017.

Joint Legislative Committee Note —

Section 3 of ch. 301, Laws of 2000, effective from and after July 1, 1999, amended this section. Section 1 of ch. 498, Laws of 2000, effective from and after its passage (approved April 27, 2000), also amended this section. As set out above, this section reflects the language of Section 1 of ch. 498, Laws of 2000, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect earlier.

Section 1 of Chapter 304, Laws of 2017, effective from and after July 1, 2017 (approved March 6, 2017), amended this section. Section 1 of Chapter 408, Laws of 2017, effective from and after July 1, 2017 (approved April 6, 2017), also amended this section. As set out above, this section reflects the language of both amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision, and Publication of Legislation authority to integrate amendments so that all versions of the same code section amended within the same legislative session may become effective. The Joint Committee on Compilation, Revision, and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the August 15, 2017, meeting of the Committee.

Editor's Notes —

Laws of 1984, ch. 488, § 43(1), provides as follows:

“SECTION 43(1). Employees of the Mississippi Medicaid Commission holding positions on June 30, 1984, shall be employees of the Division of Medicaid in the Office of the Governor on July 1, 1984. All offices, equipment, supplies, services, programs and other activities of the Mississippi Medicaid Commission are hereby made offices, equipment, supplies, services, programs and other activities of the Division of Medicaid in the Office of the Governor.”

Chapter 301 of Laws of 2000 was Senate Bill 2143, 1999 Regular Session, and originally passed both Houses of the Legislature on March 30, 1999. The Governor vetoed Senate Bill 2143 on April 23, 1999. The veto was overridden by the State Senate on February 16, 2000, and by the State House of Representatives on February 17, 2000.

Laws of 2014, ch. 488, § 7, provides:

“SECTION 7. Not later than December 15, 2014, the Division of Medicaid shall prepare and deliver a report to the Chairmen of the Senate Public Health and Welfare Committee and the House Medicaid Committee on the impact of referrals by physicians for advanced imaging services using equipment owned in full or in part by the referring physician. The report shall include data on referral patterns that may indicate fraud or abuse.”

Laws of 2018, ch. 400, § 1, effective March 19, 2018, provides:

“SECTION 1: The Legislature finds and declares:

“(a) A rare disease is defined as a disease that affects fewer than two hundred thousand (200,000) people in the United States. Rare diseases are sometimes called orphan diseases. There are seven thousand (7,000) known rare diseases affecting approximately thirty million (30,000,000) men, women and children in the United States;

“(b) The exact cause for many rare diseases remains unknown. However, eighty percent (80%) of rare diseases are genetic in origin and can be linked to mutations in a single gene or in multiple genes. Those diseases are referred to as genetic diseases. Genetic disease can be passed down from generation to generation, explaining why certain rare diseases run in families. It is also estimated that about half of all rare diseases affect children;

“(c) A person suffering with a rare disease in Mississippi faces a wide range of challenges, including, but not limited to: delays in obtaining a diagnosis; misdiagnosis; shortage of medical specialists who are familiar with, and can provide treatment for, rare diseases; prohibitive cost of treatment; and the inability to access therapies and medication that are used by doctors to treat rare diseases but have not been approved by the federal Food and Drug Administration (FDA) for that specific purpose;

“(d) In recent years, researchers have made considerable progress in developing diagnostic tools and treatment protocols for, and in discovering ways to prevent a variety of, rare diseases. However, much more remains to be done in the areas of rare disease research and the search for and development of new therapeutics; and

“(e) It would be very beneficial to persons in Mississippi with rare diseases and to researchers who are trying to find ways to treat or prevent the occurrence of rare diseases to examine the existing data on rare diseases in Mississippi and compile it in a detailed report, which then could be analyzed and used to educate medical professionals, government agencies and the public about rare diseases as an important public health issue, and to encourage and fund research in the development of new treatments for rare diseases.”

Laws of 2018, ch. 400, § 2, effective March 19, 2018, provides:

“SECTION 2. The University of Mississippi Medical Center (UMMC) as the lead agency, together with the State Department of Health, the Division of Medicaid and the Mississippi Health Information Network (MS-HIN), shall cooperate with each other in preparing a comprehensive report on the state of rare diseases in Mississippi, including the incidence of rare diseases in the state, the status of the rare disease community, and treatment and services provided to persons with rare diseases in the state. The State Department of Health, the Division of Medicaid and the MS-HIN shall provide to UMMC and each other all claims data and patient encounter data relating to the diagnosis and treatment of rare diseases and all related research and documentation relating to rare diseases, which shall be compiled, examined and analyzed in the report. The report shall be presented to the Chairs of the House Public Health and Human Services Committee, Senate Public Health and Welfare Committee, and the House and Senate Medicaid Committees not later than December 1, 2019.”

Amendment Notes —

The 2002 amendment rewrote the section.

The 2003 amendment rewrote (3)(b)(i) and (5)(d).

The 2004 amendment rewrote (2), (3)(c), and (3)(e), added (5)(h), changed the repealer provision from “July 1, 2004” to “July 1, 2007” and made minor stylistic changes.

The 2007 amendment rewrote (2) to provide that the executive director of the division serves at the will of the governor and to delete provisions relating to the position of deputy director; substituted present (3)(e) for former (3)(e), which read “The chairmanship of the advisory committee shall alternate for twelve-month periods between the Chairmen of the House Medicaid Committee and the Senate Public Health and Welfare Committee”; and extended the date of the repealer in (6) from July 1, 2007, until July 1, 2009.

The 2008 amendment brought this section forward without change.

The 2009 Second Extraordinary Session amendment deleted “the provisions of” preceding “Section 25-9-107(c)(xv) in (2)(d) and preceding “Section 25-43-7(1)” in (5)(d); substituted “Sections 25-41-1 through 25-41-17” for “Section 25-41-1 et seq.” in (4)(d) and (5)(c); and extended the date of the repealer for the section by substituting “July 1, 2012” for “July 1, 2009.”

The 2012 amendment extended the repealer provision from “July 1, 2012” to “July 1, 2013” in (6).

The 2013 amendment deleted former (6) which was a repealer provision effective July 1, 2013.

The 2015 amendment substituted “as often as needed to fulfill its responsibilities and obligations as set forth in this section” for “at least quarterly” in (5)(b).

The first 2017 amendment (ch. 304), in (3)(c), inserted “the Senate Medicaid Committee,” and substituted “one (1) member of the State Senate” for “two (2) members of the State Senate.”

The second 2017 amendment (ch. 408), in (2)(a), in the first sentence, rewrote (iii), which read: “a person holding a bachelor's degree in business administration or hospital administration, with at least ten (10) years' experience in management-level administration of Medicaid programs” and added the following sentence.

Cross References —

Oath of office, see Miss. Const. Art. 14, § 268.

Effect of any member of a board, commission, council or authority changing domicile after appointment, see §7-13-9.

For provision authorizing uniform per diem compensation for officers and employees of state boards, commissions and agencies, see §25-3-69.

Mississippi Open Meetings Act, see §§25-41-1 et seq.

Approval by Division of Medicaid for stay in swing bed of hospital in excess of 30 days, see §41-7-191.

Eligibility for benefits under the Mississippi Children’s Health Insurance Program Act, see §41-86-15.

Use of funds appropriated by medicaid commission in order to provide program of supplemental benefits for adoption, see §93-17-57.

Provisions relative to third party liability for medical payments and transmission of information regarding such liability to the Division of Medicaid, see Article 7 of this chapter (§§43-13-301 et seq).

Federal Aspects—

Medicaid, see 42 USCS §§ 1396 et seq.

JUDICIAL DECISIONS

1. In general.

Section57-1-3, which regulates the Board of Economic Development, §25-11-15, which regulates the Board of Trustees of the Public Employees’ Retirement System, §25-53-7, which regulates the Central Data Processing Authority [Mississippi Department of Information Technology Services], §25-9-109, which regulates the State Personnel Board, §43-13-107, which regulates the Medicaid Commission, §29-5-1, which regulates the Capitol Commission, §49-5-61, which regulates the Wild Life Heritage Committee, and §47-5-12 [repealed], which regulates the Board of Corrections, are unconstitutional, insofar as they create executive boards and commissions with legislative members, in violation of Miss. Const. Art 1 § 2, and, accordingly, named legislators could not constitutionally perform any of the executive functions of those boards and commissions; moreover, §§27-103-1 [repealed],29-5-1,57-1-3,43-13-107,25-53-7,25-9-109, and49-5-61, are unconstitutional insofar as they mandate legislative appointments to executive offices. Alexander v. State, 441 So. 2d 1329, 1983 Miss. LEXIS 3007 (Miss. 1983).

OPINIONS OF THE ATTORNEY GENERAL

Meetings of Medicaid’s Drug Use Review Board are subject to Mississippi’s Open Meetings Law, and the board must comply with §25-41-11, requiring minutes of meetings, whether in open or executive session, and §25-41-13, requiring notices of meetings. Moak, July 19, 2002, A.G. Op. #02-0355.

Meetings of Medicaid’s Pharmacy and Therapeutics Board are subject to Mississippi’s Open Meetings Law, and the board must comply with §25-41-11, requiring minutes of meetings, whether in open or executive session, and §25-41-13, requiring notices of meetings. Moak, July 19, 2002, A.G. Op. #02-0355.

The Medicaid agency may refer members of the public to the website to obtain copies of documents, agendas, and notices of committee meetings which are available at the website; if a member of the public does not have access to the internet, then the Medicaid agency should provide copies for a reasonable fee to members of the public. Moak, July 19, 2002, A.G. Op. #02-0355.

§ 43-13-109. Rules and regulations for procurement of employees.

The director, with the approval of the governor and pursuant to the rules and regulations of the state personnel board, may adopt reasonable rules and regulations to provide for an open, competitive or qualifying examination for all employees of the division other than the director, part-time consultants and professional staff members.

HISTORY: Codes, 1942, § 7290-35; Laws, 1969, Ex Sess, ch. 37, § 5; Laws, 1984, ch. 488, § 42, eff from and after July 1, 1984.

Cross References —

Eligibility for benefits under the Mississippi Children’s Health Insurance Program Act, see §41-86-15.

§ 43-13-111. Budgets of state health agencies.

Every state health agency, as defined in Section 43-13-105, shall obtain an appropriation of state funds from the state Legislature for all medical assistance programs rendered by the agency and shall organize its programs and budgets in such a manner as to secure maximum federal funding through the Division of Medicaid under Title XIX or Title XXI of the federal Social Security Act, as amended.

HISTORY: Codes, 1942, § 7290-36; Laws, 1969, Ex Sess, ch. 37, § 6; Laws, 1984, ch. 488, § 44; Laws, 2000, ch. 301, § 4, eff from and after July 1, 1999.

Editor’s Notes —

Chapter 301 of Laws of 2000, was Senate Bill 2143, 1999 Regular Session, and originally passed both Houses of the Legislature on March 30, 1999. The Governor vetoed Senate Bill 2143 on April 23, 1999. The veto was overridden by the State Senate on February 16, 2000, and by the State House of Representatives on February 17, 2000.

Cross References —

Eligibility for benefits under the Mississippi Children’s Health Insurance Program Act, see §41-86-15.

Definition of State Health agency, see §43-13-105(f).

Federal Aspects—

Titles XIX and XXI of the Social Security Act appear as 42 USCS §§ 1396 through 1396v and 42 USCS §§ 1397aa through 1397jj respectively.

Medicaid, see 42 USCS §§ 1396 et seq.

§ 43-13-113. Receipt and disbursement of funds; contingency plan; contracting for donated dental services program.

  1. The State Treasurer shall receive on behalf of the state, and execute all instruments incidental thereto, federal and other funds to be used for financing the medical assistance plan or program adopted pursuant to this article, and place all such funds in a special account to the credit of the Governor’s Office-Division of Medicaid, which funds shall be expended by the division for the purposes and under the provisions of this article, and shall be paid out by the State Treasurer as funds appropriated to carry out the provisions of this article are paid out by him.

    The division shall issue all checks or electronic transfers for administrative expenses, and for medical assistance under the provisions of this article. All such checks or electronic transfers shall be drawn upon funds made available to the division by the State Auditor, upon requisition of the director. It is the purpose of this section to provide that the State Auditor shall transfer, in lump sums, amounts to the division for disbursement under the regulations which shall be made by the director with the approval of the Governor; however, the division, or its fiscal agent in behalf of the division, shall be authorized in maintaining separate accounts with a Mississippi bank to handle claim payments, refund recoveries and related Medicaid program financial transactions, to aggressively manage the float in these accounts while awaiting clearance of checks or electronic transfers and/or other disposition so as to accrue maximum interest advantage of the funds in the account, and to retain all earned interest on these funds to be applied to match federal funds for Medicaid program operations.

  2. The division is authorized to obtain a line of credit through the State Treasurer from the Working Cash-Stabilization Fund or any other special source funds maintained in the State Treasury in an amount not exceeding One Hundred Fifty Million Dollars ($150,000,000.00) to fund shortfalls which, from time to time, may occur due to decreases in state matching fund cash flow. The length of indebtedness under this provision shall not carry past the end of the quarter following the loan origination. Loan proceeds shall be received by the State Treasurer and shall be placed in a Medicaid designated special fund account. Loan proceeds shall be expended only for health care services provided under the Medicaid program. The division may pledge as security for such interim financing future funds that will be received by the division. Any such loans shall be repaid from the first available funds received by the division in the manner of and subject to the same terms provided in this section.

    In the event the State Treasurer makes a determination that special source funds are not sufficient to cover a line of credit for the Division of Medicaid, the division is authorized to obtain a line of credit, in an amount not exceeding One Hundred Fifty Million Dollars ($150,000,000.00), from a commercial lender or a consortium of lenders. The length of indebtedness under this provision shall not carry past the end of the quarter following the loan origination. The division shall obtain a minimum of two (2) written quotes that shall be presented to the State Fiscal Officer and State Treasurer, who shall jointly select a lender. Loan proceeds shall be received by the State Treasurer and shall be placed in a Medicaid designated special fund account. Loan proceeds shall be expended only for health care services provided under the Medicaid program. The division may pledge as security for such interim financing future funds that will be received by the division. Any such loans shall be repaid from the first available funds received by the division in the manner of and subject to the same terms provided in this section.

  3. Disbursement of funds to providers shall be made as follows:
    1. All providers must submit all claims to the Division of Medicaid’s fiscal agent no later than twelve (12) months from the date of service.
    2. The Division of Medicaid’s fiscal agent must pay ninety percent (90%) of all clean claims within thirty (30) days of the date of receipt.
    3. The Division of Medicaid’s fiscal agent must pay ninety-nine percent (99%) of all clean claims within ninety (90) days of the date of receipt.
    4. The Division of Medicaid’s fiscal agent must pay all other claims within twelve (12) months of the date of receipt.
    5. If a claim is neither paid nor denied for valid and proper reasons by the end of the time periods as specified above, the Division of Medicaid’s fiscal agent must pay the provider interest on the claim at the rate of one and one-half percent (1-1/2%) per month on the amount of such claim until it is finally settled or adjudicated.
  4. The date of receipt is the date the fiscal agent receives the claim as indicated by its date stamp on the claim or, for those claims filed electronically, the date of receipt is the date of transmission.
  5. The date of payment is the date of the check or, for those claims paid by electronic funds transfer, the date of the transfer.
  6. The above specified time limitations do not apply in the following circumstances:
    1. Retroactive adjustments paid to providers reimbursed under a retrospective payment system;
    2. If a claim for payment under Medicare has been filed in a timely manner, the fiscal agent may pay a Medicaid claim relating to the same services within six (6) months after it, or the provider, receives notice of the disposition of the Medicare claim;
    3. Claims from providers under investigation for fraud or abuse; and
    4. The Division of Medicaid and/or its fiscal agent may make payments at any time in accordance with a court order, to carry out hearing decisions or corrective actions taken to resolve a dispute, or to extend the benefits of a hearing decision, corrective action, or court order to others in the same situation as those directly affected by it.
  7. Repealed.
  8. If sufficient funds are appropriated therefor by the Legislature, the Division of Medicaid may contract with the Mississippi Dental Association, or an approved designee, to develop and operate a Donated Dental Services (DDS) program through which volunteer dentists will treat needy disabled, aged and medically-compromised individuals who are non-Medicaid eligible recipients.

HISTORY: Codes, 1942, § 7290-37; Laws, 1969, Ex Sess, ch. 37, § 7; Laws, 1984, ch. 488, § 45; Laws, 1985, ch. 372; Laws, 1993, ch. 477, § 1; Laws, 1995, ch. 614, § 1; Laws, 2000, ch. 301, § 5; Laws, 2003, ch. 543, § 1; Laws, 2004, ch. 303, § 3, eff from and after passage (approved Mar. 22, 2004.).

Editor’s Notes —

Laws of 1984, ch. 488, § 43(2), provides as follows:

“SECTION 43(2). The State Auditor shall transfer all funds appropriated to the Mississippi Medicaid Commission to a separate account in the Treasury to be named ‘Governor’s Office-Division of Medicaid.’ The Auditor shall issue his warrants upon requisitions signed by the proper person or officer designated by the Governor.”

Section 7-7-2 provides that the words “State Auditor of Public Accounts,” “State Auditor,” and “Auditor” appearing in the laws of this state in connection with the performance of Auditor’s functions shall mean the State Fiscal Officer.

Section 27-104-6 provides that whenever the term “State Fiscal Officer” appears in any law it shall mean “Executive Director of the Department of Finance and Administration”.

Chapter 301 of Laws of 2000 was Senate Bill 2143, 1999 Regular Session, and originally passed both Houses of the Legislature on March 30, 1999. The Governor vetoed Senate Bill 2143 on April 23, 1999. The veto was overridden by the State Senate on February 16, 2000, and by the State House of Representatives on February 17, 2000.

Subsection (7), which required the Division of Medicaid to develop a contingency plan for reimbursement and eligibility verification to be used in the event that on January 1, 2000, the computers and computer programs used by the Division and its fiscal agent have not been sufficiently modified to deal with the issues that will result because of the year 2000, was repealed effective July 1, 2001, pursuant to its own terms.

Amendment Notes —

The 2003 amendment inserted (2); and redesignated former (2) through (7) as present (3) through (8).

The 2004 amendment in (2), substituted “One Hundred Fifty Million Dollars ($150,000,000.00)” for “Ten Million Dollars ($10,000,000.00),” and added a second paragraph providing that the line of credit may be from commercial resources.

Cross References —

Working Cash-Stabilization Reserve Fund created, see §27-103-203.

Eligibility for benefits under the Mississippi Children’s Health Insurance Program Act, see §41-86-15.

Disclosure of records of disbursement and payment of welfare assistance, see §43-1-19.

Medicaid Fraud Control Act, see §§43-13-201 et seq.

Federal Aspects—

Medicare, see 42 USCS §§ 1395 et seq.

Medicaid, see 42 USCS §§ 1396 et seq.

JUDICIAL DECISIONS

1. In general.

To determine whether health care providers are entitled to bring private right of action under 42 USCS § 1983 to challenged adequacy of state’s reimbursement rates for medical services provided under Medicaid program, court must look closely at precise statutory language, and examine what is required of state as a condition of receiving federal funds. Duties that are merely generalized are to be enforced by the Secretary, not by private individuals. The right must be unambiguously conferred by the statute. The two-prong test of Golden State Transit Corp. v. Los Angeles (1989) 493 U.S. 103, 107 L. Ed. 3d 420, 110 S. Ct. 444, still has force: (1) plaintiff must assert violation of a federal rights: the interest the plaintiff asserts must not be too vague and amorphous, and it must be examined whether the provision was intended to benefit the putative plaintiff. (2) Even when plaintiff shows a federal right, defendant may show that Congress specifically foreclosed a remedy under section 1983 by providing a comprehensive enforcement mechanism for protection of a federal right, the burden to demonstrate that Congress had expressly withdrawn such a remedy being on the defendant. Evelyn V. v. Kings County Hosp. Ctr., 819 F. Supp. 183, 1993 U.S. Dist. LEXIS 4452 (E.D.N.Y. 1993).

Health care providers are entitled to sue under 42 USCS § 1983 to challenge adequacy of state’s reimbursement rates for medical services provided under medicaid program. Wilder v. Virginia Hosp. Ass'n, 496 U.S. 498, 110 S. Ct. 2510, 110 L. Ed. 2d 455, 1990 U.S. LEXIS 3143 (U.S. 1990).

§ 43-13-115. Persons entitled to receive Medicaid.

Recipients of Medicaid shall be the following persons only:

  1. Those who are qualified for public assistance grants under provisions of Title IV-A and E of the federal Social Security Act, as amended, including those statutorily deemed to be IV-A and low income families and children under Section 1931 of the federal Social Security Act. For the purposes of this paragraph (1) and paragraphs (8), (17) and (18) of this section, any reference to Title IV-A or to Part A of Title IV of the federal Social Security Act, as amended, or the state plan under Title IV-A or Part A of Title IV, shall be considered as a reference to Title IV-A of the federal Social Security Act, as amended, and the state plan under Title IV-A, including the income and resource standards and methodologies under Title IV-A and the state plan, as they existed on July 16, 1996. The Department of Human Services shall determine Medicaid eligibility for children receiving public assistance grants under Title IV-E. The division shall determine eligibility for low income families under Section 1931 of the federal Social Security Act and shall redetermine eligibility for those continuing under Title IV-A grants.
  2. Those qualified for Supplemental Security Income (SSI) benefits under Title XVI of the federal Social Security Act, as amended, and those who are deemed SSI eligible as contained in federal statute. The eligibility of individuals covered in this paragraph shall be determined by the Social Security Administration and certified to the Division of Medicaid.
  3. Qualified pregnant women who would be eligible for Medicaid as a low income family member under Section 1931 of the federal Social Security Act if her child were born. The eligibility of the individuals covered under this paragraph shall be determined by the division.
  4. [Deleted]
  5. A child born on or after October 1, 1984, to a woman eligible for and receiving Medicaid under the state plan on the date of the child’s birth shall be deemed to have applied for Medicaid and to have been found eligible for Medicaid under the plan on the date of that birth, and will remain eligible for Medicaid for a period of one (1) year so long as the child is a member of the woman’s household and the woman remains eligible for Medicaid or would be eligible for Medicaid if pregnant. The eligibility of individuals covered in this paragraph shall be determined by the Division of Medicaid.
  6. Children certified by the State Department of Human Services to the Division of Medicaid of whom the state and county departments of human services have custody and financial responsibility, and children who are in adoptions subsidized in full or part by the Department of Human Services, including special needs children in non-Title IV-E adoption assistance, who are approvable under Title XIX of the Medicaid program. The eligibility of the children covered under this paragraph shall be determined by the State Department of Human Services.
  7. Persons certified by the Division of Medicaid who are patients in a medical facility (nursing home, hospital, tuberculosis sanatorium or institution for treatment of mental diseases), and who, except for the fact that they are patients in that medical facility, would qualify for grants under Title IV, Supplementary Security Income (SSI) benefits under Title XVI or state supplements, and those aged, blind and disabled persons who would not be eligible for Supplemental Security Income (SSI) benefits under Title XVI or state supplements if they were not institutionalized in a medical facility but whose income is below the maximum standard set by the Division of Medicaid, which standard shall not exceed that prescribed by federal regulation.
  8. Children under eighteen (18) years of age and pregnant women (including those in intact families) who meet the financial standards of the state plan approved under Title IV-A of the federal Social Security Act, as amended. The eligibility of children covered under this paragraph shall be determined by the Division of Medicaid.
  9. Individuals who are:
    1. Children born after September 30, 1983, who have not attained the age of nineteen (19), with family income that does not exceed one hundred percent (100%) of the nonfarm official poverty level;
    2. Pregnant women, infants and children who have not attained the age of six (6), with family income that does not exceed one hundred thirty-three percent (133%) of the federal poverty level; and
    3. Pregnant women and infants who have not attained the age of one (1), with family income that does not exceed one hundred eighty-five percent (185%) of the federal poverty level.

      The eligibility of individuals covered in (a), (b) and (c) of this paragraph shall be determined by the division.

  10. Certain disabled children age eighteen (18) or under who are living at home, who would be eligible, if in a medical institution, for SSI or a state supplemental payment under Title XVI of the federal Social Security Act, as amended, and therefore for Medicaid under the plan, and for whom the state has made a determination as required under Section 1902(e)(3)(b) of the federal Social Security Act, as amended. The eligibility of individuals under this paragraph shall be determined by the Division of Medicaid.
  11. Until the end of the day on December 31, 2005, individuals who are sixty-five (65) years of age or older or are disabled as determined under Section 1614(a)(3) of the federal Social Security Act, as amended, and whose income does not exceed one hundred thirty-five percent (135%) of the nonfarm official poverty level as defined by the Office of Management and Budget and revised annually, and whose resources do not exceed those established by the Division of Medicaid. The eligibility of individuals covered under this paragraph shall be determined by the Division of Medicaid. After December 31, 2005, only those individuals covered under the 1115(c) Healthier Mississippi waiver will be covered under this category.

    Any individual who applied for Medicaid during the period from July 1, 2004, through March 31, 2005, who otherwise would have been eligible for coverage under this paragraph (11) if it had been in effect at the time the individual submitted his or her application and is still eligible for coverage under this paragraph (11) on March 31, 2005, shall be eligible for Medicaid coverage under this paragraph (11) from March 31, 2005, through December 31, 2005. The division shall give priority in processing the applications for those individuals to determine their eligibility under this paragraph (11).

  12. Individuals who are qualified Medicare beneficiaries (QMB) entitled to Part A Medicare as defined under Section 301, Public Law 100-360, known as the Medicare Catastrophic Coverage Act of 1988, and whose income does not exceed one hundred percent (100%) of the nonfarm official poverty level as defined by the Office of Management and Budget and revised annually.

    The eligibility of individuals covered under this paragraph shall be determined by the Division of Medicaid, and those individuals determined eligible shall receive Medicare cost-sharing expenses only as more fully defined by the Medicare Catastrophic Coverage Act of 1988 and the Balanced Budget Act of 1997.

    1. Individuals who are entitled to Medicare Part A as defined in Section 4501 of the Omnibus Budget Reconciliation Act of 1990, and whose income does not exceed one hundred twenty percent (120%) of the nonfarm official poverty level as defined by the Office of Management and Budget and revised annually. Eligibility for Medicaid benefits is limited to full payment of Medicare Part B premiums.
    2. Individuals entitled to Part A of Medicare, with income above one hundred twenty percent (120%), but less than one hundred thirty-five percent (135%) of the federal poverty level, and not otherwise eligible for Medicaid. Eligibility for Medicaid benefits is limited to full payment of Medicare Part B premiums. The number of eligible individuals is limited by the availability of the federal capped allocation at one hundred percent (100%) of federal matching funds, as more fully defined in the Balanced Budget Act of 1997.

      The eligibility of individuals covered under this paragraph shall be determined by the Division of Medicaid.

  13. [Deleted]
  14. Disabled workers who are eligible to enroll in Part A Medicare as required by Public Law 101-239, known as the Omnibus Budget Reconciliation Act of 1989, and whose income does not exceed two hundred percent (200%) of the federal poverty level as determined in accordance with the Supplemental Security Income (SSI) program. The eligibility of individuals covered under this paragraph shall be determined by the Division of Medicaid and those individuals shall be entitled to buy-in coverage of Medicare Part A premiums only under the provisions of this paragraph (15).
  15. In accordance with the terms and conditions of approved Title XIX waiver from the United States Department of Health and Human Services, persons provided home- and community-based services who are physically disabled and certified by the Division of Medicaid as eligible due to applying the income and deeming requirements as if they were institutionalized.
  16. In accordance with the terms of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193), persons who become ineligible for assistance under Title IV-A of the federal Social Security Act, as amended, because of increased income from or hours of employment of the caretaker relative or because of the expiration of the applicable earned income disregards, who were eligible for Medicaid for at least three (3) of the six (6) months preceding the month in which the ineligibility begins, shall be eligible for Medicaid for up to twelve (12) months. The eligibility of the individuals covered under this paragraph shall be determined by the division.
  17. Persons who become ineligible for assistance under Title IV-A of the federal Social Security Act, as amended, as a result, in whole or in part, of the collection or increased collection of child or spousal support under Title IV-D of the federal Social Security Act, as amended, who were eligible for Medicaid for at least three (3) of the six (6) months immediately preceding the month in which the ineligibility begins, shall be eligible for Medicaid for an additional four (4) months beginning with the month in which the ineligibility begins. The eligibility of the individuals covered under this paragraph shall be determined by the division.
  18. Disabled workers, whose incomes are above the Medicaid eligibility limits, but below two hundred fifty percent (250%) of the federal poverty level, shall be allowed to purchase Medicaid coverage on a sliding fee scale developed by the Division of Medicaid.
  19. Medicaid eligible children under age eighteen (18) shall remain eligible for Medicaid benefits until the end of a period of twelve (12) months following an eligibility determination, or until such time that the individual exceeds age eighteen (18).
  20. Women of childbearing age whose family income does not exceed one hundred eighty-five percent (185%) of the federal poverty level. The eligibility of individuals covered under this paragraph (21) shall be determined by the Division of Medicaid, and those individuals determined eligible shall only receive family planning services covered under Section 43-13-117(13) and not any other services covered under Medicaid. However, any individual eligible under this paragraph (21) who is also eligible under any other provision of this section shall receive the benefits to which he or she is entitled under that other provision, in addition to family planning services covered under Section 43-13-117(13).

    The Division of Medicaid shall apply to the United States Secretary of Health and Human Services for a federal waiver of the applicable provisions of Title XIX of the federal Social Security Act, as amended, and any other applicable provisions of federal law as necessary to allow for the implementation of this paragraph (21). The provisions of this paragraph (21) shall be implemented from and after the date that the Division of Medicaid receives the federal waiver.

  21. Persons who are workers with a potentially severe disability, as determined by the division, shall be allowed to purchase Medicaid coverage. The term “worker with a potentially severe disability” means a person who is at least sixteen (16) years of age but under sixty-five (65) years of age, who has a physical or mental impairment that is reasonably expected to cause the person to become blind or disabled as defined under Section 1614(a) of the federal Social Security Act, as amended, if the person does not receive items and services provided under Medicaid.

    The eligibility of persons under this paragraph (22) shall be conducted as a demonstration project that is consistent with Section 204 of the Ticket to Work and Work Incentives Improvement Act of 1999, Public Law 106-170, for a certain number of persons as specified by the division. The eligibility of individuals covered under this paragraph (22) shall be determined by the Division of Medicaid.

  22. Children certified by the Mississippi Department of Human Services for whom the state and county departments of human services have custody and financial responsibility who are in foster care on their eighteenth birthday as reported by the Mississippi Department of Human Services shall be certified Medicaid eligible by the Division of Medicaid until their twenty-first birthday.
  23. Individuals who have not attained age sixty-five (65), are not otherwise covered by creditable coverage as defined in the Public Health Services Act, and have been screened for breast and cervical cancer under the Centers for Disease Control and Prevention Breast and Cervical Cancer Early Detection Program established under Title XV of the Public Health Service Act in accordance with the requirements of that act and who need treatment for breast or cervical cancer. Eligibility of individuals under this paragraph (24) shall be determined by the Division of Medicaid.
  24. The division shall apply to the Centers for Medicare and Medicaid Services (CMS) for any necessary waivers to provide services to individuals who are sixty-five (65) years of age or older or are disabled as determined under Section 1614(a)(3) of the federal Social Security Act, as amended, and whose income does not exceed one hundred thirty-five percent (135%) of the nonfarm official poverty level as defined by the Office of Management and Budget and revised annually, and whose resources do not exceed those established by the Division of Medicaid, and who are not otherwise covered by Medicare. Nothing contained in this paragraph (25) shall entitle an individual to benefits. The eligibility of individuals covered under this paragraph shall be determined by the Division of Medicaid.
  25. The division shall apply to the Centers for Medicare and Medicaid Services (CMS) for any necessary waivers to provide services to individuals who are sixty-five (65) years of age or older or are disabled as determined under Section 1614(a)(3) of the federal Social Security Act, as amended, who are end stage renal disease patients on dialysis, cancer patients on chemotherapy or organ transplant recipients on anti-rejection drugs, whose income does not exceed one hundred thirty-five percent (135%) of the nonfarm official poverty level as defined by the Office of Management and Budget and revised annually, and whose resources do not exceed those established by the division. Nothing contained in this paragraph (26) shall entitle an individual to benefits. The eligibility of individuals covered under this paragraph shall be determined by the Division of Medicaid.
  26. Individuals who are entitled to Medicare Part D and whose income does not exceed one hundred fifty percent (150%) of the nonfarm official poverty level as defined by the Office of Management and Budget and revised annually. Eligibility for payment of the Medicare Part D subsidy under this paragraph shall be determined by the division.

    The division shall redetermine eligibility for all categories of recipients described in each paragraph of this section not less frequently than required by federal law.

HISTORY: Codes, 1942, § 7290-38; Laws, 1969, Ex Sess, ch. 37, § 8; Laws, 1976, ch. 317, § 1; Laws, 1978, ch. 489, § 1; Laws, 1979, ch. 495, § 1; Laws, 1980, ch. 508, § 1; Laws, 1981, ch. 451, § 1; Laws, 1982, ch. 483, § 1; Laws, 1983, ch. 421; reenacted, 1984, ch. 431; Laws, 1984, ch. 488, § 46; Laws, 1985, ch. 353; Laws, 1987, ch. 513, § 1; Laws, 1988, ch. 582; Laws, 1989, ch. 527, § 4; Laws, 1990, ch. 548, § 1; Laws, 1991, ch. 579, § 1; Laws, 1992, ch. 487, § 1; Laws, 1993, ch. 609, § 1; Laws, 1993, ch. 614, § 9; Laws, 1994, ch. 649, § 1; Laws, 1997, ch. 316, § 23; Laws, 1999, ch. 477, § 1; Laws, 2000, ch. 301, § 6; Laws, 2000, ch. 438, § 1; Laws, 2000, ch. 460, § 1; Laws, 2001, ch. 593, § 1; Laws, 2001, ch. 594, § 1; Laws, 2003, ch. 543, § 2; Laws, 2004, ch. 593, § 2; Laws, 2005, ch. 470, § 1, eff from and after passage (approved Mar. 31, 2005.).

Joint Legislative Committee Note —

Section 6 of ch. 301, Laws of 2000, effective from and after July 1, 1999, amended this section. Section 1 of ch. 438, Laws of 2000, effective from and after July 1, 2000, amended this section. Section 1 of ch. 460, Laws of 2000, effective from and after July 1, 2000, also amended this section. As set out above, this section reflects the language of all three amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the Legislative intent at the June 29, 2000, meeting of the Committee.

Section 1 of ch. 593, Laws of 2001, effective from and after July 1, 2001, amended this section. Section 1 of ch. 594, Laws of 2001, effective from and after July 1, 2001, also amended this section. As set out above, this section reflects the language of Section 1 of ch. 594, Laws of 2001, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect earlier.

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision and Publication of Legislation corrected a typographical error in paragraph (b) of subsection (13) by adding a period between the words “Medicaid” and “Eligibility” so that “(b) Individuals entitled to Part A of Medicare...but not otherwise eligible for Medicaid Eligibility for Medicaid benefits is limited to...” reads “(b) Individuals entitled to Part A of Medicare...but not otherwise eligible for Medicaid. Eligibility for Medicaid benefits is limited to...” The Joint Committee ratified the correction at its July 13, 2009, meeting.

Editor’s Notes —

Laws of 1984, ch. 488, § 341, provides as follows:

“SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

Section 49-7-2 provides that “Social Security Administration” shall be construed to include Railroad Retirement Board.

Laws of 2000, ch. 301, was Senate Bill 2143, 1999 Regular Session, and originally passed both Houses of the Legislature on March 30, 1999. The Governor vetoed Senate Bill 2143 on April 23, 1999. The veto was overridden by the State Senate on February 16, 2000, and by the State House of Representatives on February 17, 2000.

Amendment Notes —

The 2003 amendment rewrote the section.

The 2004 amendment substituted “Medicaid” for “medical assistance” throughout; rewrote (1); in (3), added the last sentence and inserted “federal” preceding “Social Security Act”; deleted “the State Department of Human Services and certified to” preceding “the Division of Medicaid” in the last sentence in (5) and (8); added the last sentence in (6); added “(SSI)” following “Supplementary Security Income” twice in (7)(a); substituted “poverty level” for “poverty line” throughout; substituted “division” for “Department of Human Services” in the second paragraph of (9)(c); deleted “ provided, however, that the division may apply to the Center for Medicare and Medicaid Services (CMS) for a waiver that will allow flexibility in the benefit design for the Disabled Children Living at Home eligibility category authorized herein, and the division may establish an expenditure/enrollment cap for this category. Nothing contained in this paragraph (10) shall entitle an individual for benefits” from the end of (10); deleted text in (11); added the last sentence in (17) and (18); added (25), (26) and made minor stylistic changes throughout.

The 2005 amendment deleted former (7)(b), which read: “Individuals who have elected to receive hospice care benefits and who are eligible using the same criteria and special income limits as those in institutions as described in subparagraph (a) of this paragraph (7)”; inserted (11); and added (27).

Cross References —

Medical assistance eligibility determinations by department of human services, see §37-33-167.

School nurse intervention program, §§41-79-1 et seq.

Eligibility for benefits under the Mississippi Children’s Health Insurance Program Act, see §41-86-15.

Medicaid eligibility determinations made by other agencies and certified to Division of Medicaid, pursuant to this section, not subject to administrative hearing procedures, see §43-13-116.

Medicaid Fraud Control Act, see §§43-13-201 et seq.

Provision of the Mississippi Vulnerable Persons Act to effect that a court shall not order the Division of Medicaid to provide custody, care, or maintenance of a vulnerable person who is not otherwise eligible for medical assistance under this section or services under §43-13-117, see §43-47-21.

Money benefits payable under adoption supplemental benefits law, see §93-17-61.

Federal Aspects—

Title IV-A and E of the Federal Social Security Act, see 42 USCS §§ 601 et seq. and §§ 670 et seq.

Title IV-D of the Social Security Act appears as 42 USCS §§ 651 et seq.

Title XVI of the Federal Social Security Act, see 42 USCS §§ 1381 et seq.

Section 1614 of the Social Security Act appears generally as 42 USCS § 1382c.

Medicare Catastrophic Coverage Act of 1988, Public Law 100-360, is codified in various sections of 42 USCS §§ 1395 et seq.

Section 4501 of the Omnibus Budget Reconciliation Act of 1990 (PL 101-508) is classified principally to 42 USCS §§ 1395b, 1395v, 1396a and 1396d.

Title XIX of the Federal Social Security Act, see 42 USCS §§ 1396 et seq.

Section 1905(n) of the Federal Social Security Act, see 42 USCS § 1396d.

Section 1931 of the Social Security Act appears as 42 USCS § 1396u-1.

JUDICIAL DECISIONS

1. In general.

Congress intended to require, and did require, that Mississippi make available Medicaid benefits to all recipients of supplemental security income disability payments under the age of 18 who, except for the fact that they are receiving SSI payments, would qualify for Aid to Families with Dependent Children benefits under the AFDC standards in effect in Mississippi on January 1, 1972. West v. Cole, 390 F. Supp. 91, 1975 U.S. Dist. LEXIS 13768 (N.D. Miss. 1975).

Section 1402(b) of the Social Security Act of 1935, as amended (42 USCS § 1352(b)), which provides that the secretary of health, education, and welfare shall approve any state plan for the distribution of funds under federally assisted disability welfare programs except, among others, plans which impose citizenship requirements which exclude any citizen of the United States, does not authorize a state statutory provision denying general disability assistance to resident aliens who have not resided within the United States for a total of at least 15 years. Graham v. Richardson, 403 U.S. 365, 91 S. Ct. 1848, 29 L. Ed. 2d 534, 1971 U.S. LEXIS 28 (U.S. 1971).

Relatives with whom dependent child is living are entitled to benefits under this section [Code 1942, § 7290-38], including reimbursement for medical expenses incurred due to the denial of these benefits to said relatives. Triplett v. Cobb, 331 F. Supp. 652, 1971 U.S. Dist. LEXIS 12641 (N.D. Miss. 1971).

Welfare mothers and other caretaker relatives, whose needs were considered in the determination of AFDC grants, were qualified for AFDC payments, and the State of Mississippi could not limit eligibility for its medicaid program to children, excluding from aid parents and caretaker relatives. Triplett v. Cobb, 331 F. Supp. 652, 1971 U.S. Dist. LEXIS 12641 (N.D. Miss. 1971).

RESEARCH REFERENCES

ALR.

Infant’s liability for medical, dental, or hospital services. 53 A.L.R.4th 1249.

§ 43-13-115.1. Repealed.

Repealed by Laws, 2003, ch. 543, § 7, eff from and after passage (approved April 21, 2003.)

[Laws, 2001, ch. 532, § 11, eff from and after June 30, 2001.]

Editor’s Notes —

Former §43-13-115.1 provided presumptive eligibility for certain participants in the Medicaid program.

§ 43-13-116. Authority to determine Medicaid eligibility; agreements with state and federal agencies; administrative hearings; authority to hire employees.

  1. It shall be the duty of the Division of Medicaid to fully implement and carry out the administrative functions of determining the eligibility of those persons who qualify for medical assistance under Section 43-13-115.
  2. In determining Medicaid eligibility, the Division of Medicaid is authorized to enter into an agreement with the Secretary of the Department of Health and Human Services for the purpose of securing the transfer of eligibility information from the Social Security Administration on those individuals receiving supplemental security income benefits under the federal Social Security Act and any other information necessary in determining Medicaid eligibility. The Division of Medicaid is further empowered to enter into contractual arrangements with its fiscal agent or with the State Department of Human Services in securing electronic data processing support as may be necessary.
  3. Administrative hearings shall be available to any applicant who requests it because his or her claim of eligibility for services is denied or is not acted upon with reasonable promptness or by any recipient who requests it because he or she believes the agency has erroneously taken action to deny, reduce, or terminate benefits. The agency need not grant a hearing if the sole issue is a federal or state law requiring an automatic change adversely affecting some or all recipients. Eligibility determinations that are made by other agencies and certified to the Division of Medicaid pursuant to Section 43-13-115 are not subject to the administrative hearing procedures of the Division of Medicaid but are subject to the administrative hearing procedures of the agency that determined eligibility.
    1. A request may be made either for a local regional office hearing or a state office hearing when the local regional office has made the initial decision that the claimant seeks to appeal or when the regional office has not acted with reasonable promptness in making a decision on a claim for eligibility or services. The only exception to requesting a local hearing is when the issue under appeal involves either (i) a disability or blindness denial, or termination, or (ii) a level of care denial or termination for a disabled child living at home. An appeal involving disability, blindness or level of care must be handled as a state level hearing. The decision from the local hearing may be appealed to the state office for a state hearing. A decision to deny, reduce or terminate benefits that is initially made at the state office may be appealed by requesting a state hearing.
    2. A request for a hearing, either state or local, must be made in writing by the claimant or claimant’s legal representative. “Legal representative” includes the claimant’s authorized representative, an attorney retained by the claimant or claimant’s family to represent the claimant, a paralegal representative with a legal aid services, a parent of a minor child if the claimant is a child, a legal guardian or conservator or an individual with power of attorney for the claimant. The claimant may also be represented by anyone that he or she so designates but must give the designation to the Medicaid regional office or state office in writing, if the person is not the legal representative, legal guardian, or authorized representative.
    3. The claimant may make a request for a hearing in person at the regional office but an oral request must be put into written form. Regional office staff will determine from the claimant if a local or state hearing is requested and assist the claimant in completing and signing the appropriate form. Regional office staff may forward a state hearing request to the appropriate division in the state office or the claimant may mail the form to the address listed on the form. The claimant may make a written request for a hearing by letter. A simple statement requesting a hearing that is signed by the claimant or legal representative is sufficient; however, if possible, the claimant should state the reason for the request. The letter may be mailed to the regional office or it may be mailed to the state office. If the letter does not specify the type of hearing desired, local or state, Medicaid staff will attempt to contact the claimant to determine the level of hearing desired. If contact cannot be made within three (3) days of receipt of the request, the request will be assumed to be for a local hearing and scheduled accordingly. A hearing will not be scheduled until either a letter or the appropriate form is received by the regional or state office.
    4. When both members of a couple wish to appeal an action or inaction by the agency that affects both applications or cases similarly and arose from the same issue, one or both may file the request for hearing, both may present evidence at the hearing, and the agency’s decision will be applicable to both. If both file a request for hearing, two (2) hearings will be registered but they will be conducted on the same day and in the same place, either consecutively or jointly, as the couple wishes. If they so desire, only one of the couple need attend the hearing.
    5. The procedure for administrative hearings shall be as follows:

      In all group hearings, whether initiated by the Division of Medicaid or by the claimants, the policies governing fair hearings must be followed. Each claimant in a group hearing must be permitted to present his or her own case and be represented by his or her own representative, or to withdraw from the group hearing and have his or her appeal heard individually. As in individual hearings, the hearing will be conducted only on the issue being appealed, and each claimant will be expected to keep individual testimony within a reasonable time frame as a matter of consideration to the other claimants involved.

      1. The claimant has thirty (30) days from the date the agency mails the appropriate notice to the claimant of its decision regarding eligibility, services, or benefits to request either a state or local hearing. This time period may be extended if the claimant can show good cause for not filing within thirty (30) days. Good cause includes, but may not be limited to, illness, failure to receive the notice, being out of state, or some other reasonable explanation. If good cause can be shown, a late request may be accepted provided the facts in the case remain the same. If a claimant’s circumstances have changed or if good cause for filing a request beyond thirty (30) days is not shown, a hearing request will not be accepted. If the claimant wishes to have eligibility reconsidered, he or she may reapply.
      2. If a claimant or representative requests a hearing in writing during the advance notice period before benefits are reduced or terminated, benefits must be continued or reinstated to the benefit level in effect before the effective date of the adverse action. Benefits will continue at the original level until the final hearing decision is rendered. Any hearing requested after the advance notice period will not be accepted as a timely request in order for continuation of benefits to apply.
      3. Upon receipt of a written request for a hearing, the request will be acknowledged in writing within twenty (20) days and a hearing scheduled. The claimant or representative will be given at least five (5) days’ advance notice of the hearing date. The local and/or state level hearings will be held by telephone unless, at the hearing officer’s discretion, it is determined that an in-person hearing is necessary. If a local hearing is requested, the regional office will notify the claimant or representative in writing of the time of the local hearing. If a state hearing is requested, the state office will notify the claimant or representative in writing of the time of the state hearing. If an in-person hearing is necessary, local hearings will be held at the regional office and state hearings will be held at the state office unless other arrangements are necessitated by the claimant’s inability to travel.
      4. All persons attending a hearing will attend for the purpose of giving information on behalf of the claimant or rendering the claimant assistance in some other way, or for the purpose of representing the Division of Medicaid.
      5. A state or local hearing request may be withdrawn at any time before the scheduled hearing, or after the hearing is held but before a decision is rendered. The withdrawal must be in writing and signed by the claimant or representative. A hearing request will be considered abandoned if the claimant or representative fails to appear at a scheduled hearing without good cause. If no one appears for a hearing, the appropriate office will notify the claimant in writing that the hearing is dismissed unless good cause is shown for not attending. The proposed agency action will be taken on the case following failure to appear for a hearing if the action has not already been effected.
      6. The claimant or his representative has the following rights in connection with a local or state hearing:
        1. The right to examine at a reasonable time before the date of the hearing and during the hearing the content of the claimant’s case record;
        2. The right to have legal representation at the hearing and to bring witnesses;
        3. The right to produce documentary evidence and establish all facts and circumstances concerning eligibility, services, or benefits;
        4. The right to present an argument without undue interference;
        5. The right to question or refute any testimony or evidence including an opportunity to confront and cross-examine adverse witnesses.
      7. When a request for a local hearing is received by the regional office or if the regional office is notified by the state office that a local hearing has been requested, the Medicaid specialist supervisor in the regional office will review the case record, reexamine the action taken on the case, and determine if policy and procedures have been followed. If any adjustments or corrections should be made, the Medicaid specialist supervisor will ensure that corrective action is taken. If the request for hearing was timely made such that continuation of benefits applies, the Medicaid specialist supervisor will ensure that benefits continue at the level before the proposed adverse action that is the subject of the appeal. The Medicaid specialist supervisor will also ensure that all needed information, verification, and evidence is in the case record for the hearing.
      8. When a state hearing is requested that appeals the action or inaction of a regional office, the regional office will prepare copies of the case record and forward it to the appropriate division in the state office no later than five (5) days after receipt of the request for a state hearing. The original case record will remain in the regional office. Either the original case record in the regional office or the copy forwarded to the state office will be available for inspection by the claimant or claimant’s representative a reasonable time before the date of the hearing.
      9. The Medicaid specialist supervisor will serve as the hearing officer for a local hearing unless the Medicaid specialist supervisor actually participated in the eligibility, benefits, or services decision under appeal, in which case the Medicaid specialist supervisor must appoint a Medicaid specialist in the regional office who did not actually participate in the decision under appeal to serve as hearing officer. The local hearing will be an informal proceeding in which the claimant or representative may present new or additional information, may question the action taken on the client’s case, and will hear an explanation from agency staff as to the regulations and requirements that were applied to claimant’s case in making the decision.
      10. After the hearing, the hearing officer will prepare a written summary of the hearing procedure and file it with the case record. The hearing officer will consider the facts presented at the local hearing in reaching a decision. The claimant will be notified of the local hearing decision on the appropriate form that will state clearly the reason for the decision, the policy that governs the decision, the claimant’s right to appeal the decision to the state office, and, if the original adverse action is upheld, the new effective date of the reduction or termination of benefits or services if continuation of benefits applied during the hearing process. The new effective date of the reduction or termination of benefits or services must be at the end of the fifteen-day advance notice period from the mailing date of the notice of hearing decision. The notice to claimant will be made part of the case record.
      11. The claimant has the right to appeal a local hearing decision by requesting a state hearing in writing within fifteen (15) days of the mailing date of the notice of local hearing decision. The state hearing request should be made to the regional office. If benefits have been continued pending the local hearing process, then benefits will continue throughout the fifteen-day advance notice period for an adverse local hearing decision. If a state hearing is timely requested within the fifteen-day period, then benefits will continue pending the state hearing process. State hearings requested after the fifteen-day local hearing advance notice period will not be accepted unless the initial thirty-day period for filing a hearing request has not expired because the local hearing was held early, in which case a state hearing request will be accepted as timely within the number of days remaining of the unexpired initial thirty-day period in addition to the fifteen-day time period. Continuation of benefits during the state hearing process, however, will only apply if the state hearing request is received within the fifteen-day advance notice period.
      12. When a request for a state hearing is received in the regional office, the request will be made part of the case record and the regional office will prepare the case record and forward it to the appropriate division in the state office within five (5) days of receipt of the state hearing request. A request for a state hearing received in the state office will be forwarded to the regional office for inclusion in the case record and the regional office will prepare the case record and forward it to the appropriate division in the state office within five (5) days of receipt of the state hearing request.
      13. Upon receipt of the hearing record, an impartial hearing officer will be assigned to hear the case either by the Executive Director of the Division of Medicaid or his or her designee. Hearing officers will be individuals with appropriate expertise employed by the division and who have not been involved in any way with the action or decision on appeal in the case. The hearing officer will review the case record and if the review shows that an error was made in the action of the agency or in the interpretation of policy, or that a change of policy has been made, the hearing officer will discuss these matters with the appropriate agency personnel and request that an appropriate adjustment be made. Appropriate agency personnel will discuss the matter with the claimant and if the claimant is agreeable to the adjustment of the claim, then agency personnel will request in writing dismissal of the hearing and the reason therefor, to be placed in the case record. If the hearing is to go forward, it shall be scheduled by the hearing officer in the manner set forth in subparagraph (iii) of this paragraph (e).
      14. In conducting the hearing, the state hearing officer will inform those present of the following:
        1. That the hearing will be recorded on tape and that a transcript of the proceedings will be typed for the record;
        2. The action taken by the agency which prompted the appeal;
        3. An explanation of the claimant’s rights during the hearing as outlined in subparagraph (vi) of this paragraph (e);
        4. That the purpose of the hearing is for the claimant to express dissatisfaction and present additional information or evidence;
        5. That the case record is available for review by the claimant or representative during the hearing;
        6. That the final hearing decision will be rendered by the Executive Director of the Division of Medicaid on the basis of facts presented at the hearing and the case record and that the claimant will be notified by letter of the final decision.
      15. During the hearing, the claimant and/or representative will be allowed an opportunity to make a full statement concerning the appeal and will be assisted, if necessary, in disclosing all information on which the claim is based. All persons representing the claimant and those representing the Division of Medicaid will have the opportunity to state all facts pertinent to the appeal. The hearing officer may recess or continue the hearing for a reasonable time should additional information or facts be required or if some change in the claimant’s circumstances occurs during the hearing process which impacts the appeal. When all information has been presented, the hearing officer will close the hearing and stop the recorder.
      16. Immediately following the hearing the hearing tape will be transcribed and a copy of the transcription forwarded to the regional office for filing in the case record. As soon as possible, the hearing officer shall review the evidence and record of the proceedings, testimony, exhibits, and other supporting documents, prepare a written summary of the facts as the hearing officer finds them, and prepare a written recommendation of action to be taken by the agency, citing appropriate policy and regulations that govern the recommendation. The decision cannot be based on any material, oral or written, not available to the claimant before or during the hearing. The hearing officer’s recommendation will become part of the case record which will be submitted to the Executive Director of the Division of Medicaid for further review and decision.
      17. The Executive Director of the Division of Medicaid, upon review of the recommendation, proceedings and the record, may sustain the recommendation of the hearing officer, reject the same, or remand the matter to the hearing officer to take additional testimony and evidence, in which case, the hearing officer thereafter shall submit to the executive director a new recommendation. The executive director shall prepare a written decision summarizing the facts and identifying policies and regulations that support the decision, which shall be mailed to the claimant and the representative, with a copy to the regional office if appropriate, as soon as possible after submission of a recommendation by the hearing officer. The decision notice will specify any action to be taken by the agency, specify any revised eligibility dates or, if continuation of benefits applies, will notify the claimant of the new effective date of reduction or termination of benefits or services, which will be fifteen (15) days from the mailing date of the notice of decision. The decision rendered by the Executive Director of the Division of Medicaid is final and binding. The claimant is entitled to seek judicial review in a court of proper jurisdiction.
      18. The Division of Medicaid must take final administrative action on a hearing, whether state or local, within ninety (90) days from the date of the initial request for a hearing.
      19. A group hearing may be held for a number of claimants under the following circumstances:
        1. The Division of Medicaid may consolidate the cases and conduct a single group hearing when the only issue involved is one (1) of a single law or agency policy;
        2. The claimants may request a group hearing when there is one (1) issue of agency policy common to all of them.
      20. Any specific matter necessitating an administrative hearing not otherwise provided under this article or agency policy shall be afforded under the hearing procedures as outlined above. If the specific time frames of such a unique matter relating to requesting, granting, and concluding of the hearing is contrary to the time frames as set out in the hearing procedures above, the specific time frames will govern over the time frames as set out within these procedures.
  4. The Executive Director of the Division of Medicaid, with the approval of the Governor, shall be authorized to employ eligibility, technical, clerical and supportive staff as may be required in carrying out and fully implementing the determination of Medicaid eligibility, including conducting quality control reviews and the investigation of the improper receipt of medical assistance. Staffing needs will be set forth in the annual appropriation act for the division. Additional office space as needed in performing eligibility, quality control and investigative functions shall be obtained by the division.

HISTORY: Laws, 1980, ch 508, § 2; Laws, 1981, ch. 353, § 1; Laws, 1984, ch. 488, § 47; Laws, 1993, ch. 609, § 2; Laws, 2000, ch. 301, § 7, eff from and after July 1, 1999.

Editor’s Notes —

Section 49-7-2 provides that “Social Security Administration” shall be construed to include Railroad Retirement Board.

Laws of 1984, ch. 488, § 341, provides as follows:

“SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

Chapter 301 of Laws of 2000 was Senate Bill 2143, 1999 Regular Session, and originally passed both Houses of the Legislature on March 30, 1999. The Governor vetoed Senate Bill 2143 on April 23, 1999. The veto was overridden by the State Senate on February 16, 2000, and by the State House of Representatives on February 17, 2000.

Cross References —

Medicaid Fraud Control Act, see §§43-13-201 et seq.

Federal Aspects—

Medicaid, see 42 USCS §§ 1396 et seq.

§ 43-13-116.1. Asset verification program; data match system with financial institutions; authority of division to request and financial institution to provide additional financial information as needed to verify eligibility.

  1. For purposes of this section:
    1. “Financial institution” has the meaning given by Sections 81-3-1 and 81-12-3, and shall include, but not be limited to, credit unions, stock brokerages, public or private entities administering retirement, savings, annuities, life insurance and/or pension funds.
    2. “Account” means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account or money-market account.
  2. In accordance with Section 1940 of the federal Social Security Act (42 USCS Section 1396w), the Division of Medicaid shall implement an asset verification program requiring each applicant for or recipient of Medicaid assistance on the basis of being aged, blind or disabled, to provide authorization by the applicant or recipient, their spouse, and by any other person whose resources are required by law to be disclosed to determine the eligibility of the applicant or recipient for Medicaid assistance, for the division to obtain from any financial institution financial records and information held by any such financial institution with respect to the applicant, recipient, spouse or such other person, as applicable, that the division determines are needed to verify the financial resources of the applicant, recipient or such other person in connection with a determination or redetermination with respect to eligibility for, or the amount or extent of, Medicaid assistance. Each aged, blind or disabled Medicaid applicant or recipient, their spouse, and any other applicable person described in this section shall provide authorization (as specified by 42 USCS Section 1396w(c)) to the division to obtain from any financial institution, any financial record, whenever the division determines that the record is needed in connection with a determination or redetermination of eligibility for Medicaid assistance.
    1. In connection with the asset verification program, the division is authorized to enter into agreements with financial institutions doing business in the state:
      1. To develop and operate a data match system, using automated data exchanges, in which the division will provide to the financial institution, on a quarterly or more frequent basis, the name, social security number or other taxpayer identification number, and any other necessary identifying information for each applicant for or recipient of Medicaid assistance and for each other person whose resources are required to be disclosed to determine the eligibility of the applicant or recipient for Medicaid assistance; and
      2. Provide for payment to the financial institution of the reasonable costs of the institution for conducting the data matches and for responding to other requests made under this section, in accordance with the cost reimbursement requirements of Section 1115(a) of the Federal Right to Financial Privacy Act, 12 USCS Section 3415, as amended.
    2. Any financial institution doing business in the State of Mississippi may enter into agreements with the division to engage in the data match system and also to disclose any accounts held by the institution on behalf of the persons so identified by the division and, if requested by the division, the account numbers, account balances, and all names and addresses and social security or other tax identification numbers on record for those accounts.
  3. When the operation of the data match system results in the location of an account of an applicant for or recipient of Medicaid assistance or a person whose resources are required to be disclosed to determine the eligibility of the applicant or recipient for Medicaid assistance, the division may request and the financial institution may provide any additional financial records and information held by the financial institution as the division determines are needed to establish, continue, modify or terminate eligibility for Medicaid assistance.
  4. A financial institution:
    1. Shall have no liability for failing to disclose to any account holder or depositor that the name of the person has been received from the division or that the financial institution has furnished financial records or information pertaining to the account holder or depositor to the division under this section;
    2. Shall have no liability for any delays, errors or omissions in conducting the data matches or in responding to other requests for records or information made under this section, which delays, errors or omissions result from circumstances beyond the control of the institution or from any unintentional, bona fide error, including, but not limited to, clerical or computer malfunction or programming error; and
    3. Shall be absolutely immune from any civil or criminal liability to any person under any contract, common law, statute or regulation for the disclosure to the division, or to any authorized contractor or agents thereof, of any information, accounts, assets, financial records or information under this article, the agreements referred to in subsection (4) of this section, or in response to any notice or request issued by the division or by any authorized contractors or agents thereof, or for any action or omission taken or omitted in good faith to comply with the requirements of this article.

HISTORY: Laws, 2012, ch. 434, § 1, eff from and after July 1, 2012.

Editor’s Notes —

Laws of 2012, ch. 434, § 3, provides:

“SECTION 3. Not later than December 31, 2013, the Division of Medicaid shall report to the Legislature the financial institution participation rate in the data match system established under this act, the amount of the savings achieved by the division through the asset verification program established under this act, and all expenditures by the division in relation to the program, including reimbursement to financial institutions and payments to vendors, contractors and consultants associated with the program.”

§ 43-13-117. Types of care and services for which financial assistance furnished [Repealed effective July1, 2021].

Medicaid as authorized by this article shall include payment of part or all of the costs, at the discretion of the division, with approval of the Governor and the Centers for Medicare and Medicaid Services, of the following types of care and services rendered to eligible applicants who have been determined to be eligible for that care and services, within the limits of state appropriations and federal matching funds:

  1. Inpatient hospital services.
    1. The division shall allow thirty (30) days of inpatient hospital care annually for all Medicaid recipients. Medicaid recipients requiring transplants shall not have those days included in the transplant hospital stay count against the thirty-day limit for inpatient hospital care. Precertification of inpatient days must be obtained as required by the division.
    2. From and after July 1, 1994, the Executive Director of the Division of Medicaid shall amend the Mississippi Title XIX Inpatient Hospital Reimbursement Plan to remove the occupancy rate penalty from the calculation of the Medicaid Capital Cost Component utilized to determine total hospital costs allocated to the Medicaid program.
    3. Hospitals may receive an additional payment for the implantable programmable baclofen drug pump used to treat spasticity that is implanted on an inpatient basis. The payment pursuant to written invoice will be in addition to the facility’s per diem reimbursement and will represent a reduction of costs on the facility’s annual cost report, and shall not exceed Ten Thousand Dollars ($10,000.00) per year per recipient.
    4. The division is authorized to implement an All Patient Refined Diagnosis Related Groups (APR-DRG) reimbursement methodology for inpatient hospital services.
    5. No service benefits or reimbursement limitations in this section shall apply to payments under an APR-DRG or Ambulatory Payment Classification (APC) model or a managed care program or similar model described in subsection (H) of this section unless specifically authorized by the division.
  2. Outpatient hospital services.
    1. Emergency services.
    2. Other outpatient hospital services. The division shall allow benefits for other medically necessary outpatient hospital services (such as chemotherapy, radiation, surgery and therapy), including outpatient services in a clinic or other facility that is not located inside the hospital, but that has been designated as an outpatient facility by the hospital, and that was in operation or under construction on July 1, 2009, provided that the costs and charges associated with the operation of the hospital clinic are included in the hospital’s cost report. In addition, the Medicare thirty-five-mile rule will apply to those hospital clinics not located inside the hospital that are constructed after July 1, 2009. Where the same services are reimbursed as clinic services, the division may revise the rate or methodology of outpatient reimbursement to maintain consistency, efficiency, economy and quality of care.
    3. The division is authorized to implement an Ambulatory Payment Classification (APC) methodology for outpatient hospital services. The division may give rural hospitals that have fifty (50) or fewer licensed beds the option to not be reimbursed for outpatient hospital services using the APC methodology, but reimbursement for outpatient hospital services provided by those hospitals shall be based on one hundred one percent (101%) of the rate established under Medicare for outpatient hospital services. Those hospitals choosing to not be reimbursed under the APC methodology shall remain under cost-based reimbursement for a two-year period.
    4. No service benefits or reimbursement limitations in this section shall apply to payments under an APR-DRG or APC model or a managed care program or similar model described in subsection (H) of this section.
  3. Laboratory and x-ray services.
  4. Nursing facility services.
    1. The division shall make full payment to nursing facilities for each day, not exceeding forty-two (42) days per year, that a patient is absent from the facility on home leave. Payment may be made for the following home leave days in addition to the forty-two-day limitation: Christmas, the day before Christmas, the day after Christmas, Thanksgiving, the day before Thanksgiving and the day after Thanksgiving.
    2. From and after July 1, 1997, the division shall implement the integrated case-mix payment and quality monitoring system, which includes the fair rental system for property costs and in which recapture of depreciation is eliminated. The division may reduce the payment for hospital leave and therapeutic home leave days to the lower of the case-mix category as computed for the resident on leave using the assessment being utilized for payment at that point in time, or a case-mix score of 1.000 for nursing facilities, and shall compute case-mix scores of residents so that only services provided at the nursing facility are considered in calculating a facility’s per diem.
    3. From and after July 1, 1997, all state-owned nursing facilities shall be reimbursed on a full reasonable cost basis.
    4. On or after January 1, 2015, the division shall update the case-mix payment system resource utilization grouper and classifications and fair rental reimbursement system. The division shall develop and implement a payment add-on to reimburse nursing facilities for ventilator-dependent resident services.
    5. The division shall develop and implement, not later than January 1, 2001, a case-mix payment add-on determined by time studies and other valid statistical data that will reimburse a nursing facility for the additional cost of caring for a resident who has a diagnosis of Alzheimer’s or other related dementia and exhibits symptoms that require special care. Any such case-mix add-on payment shall be supported by a determination of additional cost. The division shall also develop and implement as part of the fair rental reimbursement system for nursing facility beds, an Alzheimer’s resident bed depreciation enhanced reimbursement system that will provide an incentive to encourage nursing facilities to convert or construct beds for residents with Alzheimer’s or other related dementia.
    6. The division shall develop and implement an assessment process for long-term care services. The division may provide the assessment and related functions directly or through contract with the area agencies on aging.

      The division shall apply for necessary federal waivers to assure that additional services providing alternatives to nursing facility care are made available to applicants for nursing facility care.

  5. Periodic screening and diagnostic services for individuals under age twenty-one (21) years as are needed to identify physical and mental defects and to provide health care treatment and other measures designed to correct or ameliorate defects and physical and mental illness and conditions discovered by the screening services, regardless of whether these services are included in the state plan. The division may include in its periodic screening and diagnostic program those discretionary services authorized under the federal regulations adopted to implement Title XIX of the federal Social Security Act, as amended. The division, in obtaining physical therapy services, occupational therapy services, and services for individuals with speech, hearing and language disorders, may enter into a cooperative agreement with the State Department of Education for the provision of those services to handicapped students by public school districts using state funds that are provided from the appropriation to the Department of Education to obtain federal matching funds through the division. The division, in obtaining medical and mental health assessments, treatment, care and services for children who are in, or at risk of being put in, the custody of the Mississippi Department of Human Services may enter into a cooperative agreement with the Mississippi Department of Human Services for the provision of those services using state funds that are provided from the appropriation to the Department of Human Services to obtain federal matching funds through the division.
  6. Physician’s services. Physician visits as determined by the division and in accordance with federal laws and regulations. The division may develop and implement a different reimbursement model or schedule for physician’s services provided by physicians based at an academic health care center and by physicians at rural health centers that are associated with an academic health care center. From and after January 1, 2010, all fees for physician’s services that are covered only by Medicaid shall be increased to ninety percent (90%) of the rate established on January 1, 2018, and as may be adjusted each July thereafter, under Medicare. The division may provide for a reimbursement rate for physician’s services of up to one hundred percent (100%) of the rate established under Medicare for physician’s services that are provided after the normal working hours of the physician, as determined in accordance with regulations of the division. The division may reimburse eligible providers as determined by the Patient Protection and Affordable Care Act for certain primary care services as defined by the act at one hundred percent (100%) of the rate established under Medicare. Additionally, the division shall reimburse obstetricians and gynecologists for certain primary care services as defined by the division at one hundred percent (100%) of the rate established under Medicare.
    1. Home health services for eligible persons, not to exceed in cost the prevailing cost of nursing facility services. All home health visits must be precertified as required by the division.
    2. [Repealed]
  7. Emergency medical transportation services as determined by the division.
  8. Prescription drugs and other covered drugs and services as may be determined by the division.

    The division shall establish a mandatory preferred drug list. Drugs not on the mandatory preferred drug list shall be made available by utilizing prior authorization procedures established by the division.

    The division may seek to establish relationships with other states in order to lower acquisition costs of prescription drugs to include single-source and innovator multiple-source drugs or generic drugs. In addition, if allowed by federal law or regulation, the division may seek to establish relationships with and negotiate with other countries to facilitate the acquisition of prescription drugs to include single-source and innovator multiple-source drugs or generic drugs, if that will lower the acquisition costs of those prescription drugs.

    The division may allow for a combination of prescriptions for single-source and innovator multiple-source drugs and generic drugs to meet the needs of the beneficiaries .

    The executive director may approve specific maintenance drugs for beneficiaries with certain medical conditions, which may be prescribed and dispensed in three-month supply increments.

    Drugs prescribed for a resident of a psychiatric residential treatment facility must be provided in true unit doses when available. The division may require that drugs not covered by Medicare Part D for a resident of a long-term care facility be provided in true unit doses when available. Those drugs that were originally billed to the division but are not used by a resident in any of those facilities shall be returned to the billing pharmacy for credit to the division, in accordance with the guidelines of the State Board of Pharmacy and any requirements of federal law and regulation. Drugs shall be dispensed to a recipient and only one (1) dispensing fee per month may be charged. The division shall develop a methodology for reimbursing for restocked drugs, which shall include a restock fee as determined by the division not exceeding Seven Dollars and Eighty-two Cents ($7.82).

    Except for those specific maintenance drugs approved by the executive director, the division shall not reimburse for any portion of a prescription that exceeds a thirty-one-day supply of the drug based on the daily dosage.

    The division is authorized to develop and implement a program of payment for additional pharmacist services as may be determined by the division.

    All claims for drugs for dually eligible Medicare/Medicaid beneficiaries that are paid for by Medicare must be submitted to Medicare for payment before they may be processed by the division’s online payment system.

    The division shall develop a pharmacy policy in which drugs in tamper-resistant packaging that are prescribed for a resident of a nursing facility but are not dispensed to the resident shall be returned to the pharmacy and not billed to Medicaid, in accordance with guidelines of the State Board of Pharmacy.

    The division shall develop and implement a method or methods by which the division will provide on a regular basis to Medicaid providers who are authorized to prescribe drugs, information about the costs to the Medicaid program of single-source drugs and innovator multiple-source drugs, and information about other drugs that may be prescribed as alternatives to those single-source drugs and innovator multiple-source drugs and the costs to the Medicaid program of those alternative drugs.

    Notwithstanding any law or regulation, information obtained or maintained by the division regarding the prescription drug program, including trade secrets and manufacturer or labeler pricing, is confidential and not subject to disclosure except to other state agencies.

    The dispensing fee for each new or refill prescription, including nonlegend or over-the-counter drugs covered by the division, shall be not less than Three Dollars and Ninety-one Cents ($3.91), as determined by the division.

    The division shall not reimburse for single-source or innovator multiple-source drugs if there are equally effective generic equivalents available and if the generic equivalents are the least expensive.

    It is the intent of the Legislature that the pharmacists providers be reimbursed for the reasonable costs of filling and dispensing prescriptions for Medicaid beneficiaries.

    The division may allow certain drugs, implantable drug system devices, and medical supplies, with limited distribution or limited access for beneficiaries and administered in an appropriate clinical setting, to be reimbursed as either a medical claim or pharmacy claim, as determined by the division.

    Notwithstanding any other provision of this article, the division shall allow physician-administered drugs to be billed and reimbursed as either a medical claim or pharmacy point-of-sale to allow greater access to care.

    It is the intent of the Legislature that the division and any managed care entity described in subsection (H) of this section encourage the use of Alpha-Hydroxyprogesterone Caproate (17P) to prevent recurrent preterm birth.

  9. Dental and orthodontic services to be determined by the division.

    This dental services program under this paragraph shall be known as the “James Russell Dumas Medicaid Dental Services Program.”

    The Medical Care Advisory Committee, assisted by the Division of Medicaid, shall annually determine the effect of this incentive by evaluating the number of dentists who are Medicaid providers, the number who and the degree to which they are actively billing Medicaid, the geographic trends of where dentists are offering what types of Medicaid services and other statistics pertinent to the goals of this legislative intent. This data shall annually be presented to the Chair of the Senate Medicaid Committee and the Chair of the House Medicaid Committee.

    The division shall include dental services as a necessary component of overall health services provided to children who are eligible for services.

  10. Eyeglasses for all Medicaid beneficiaries who have (a) had surgery on the eyeball or ocular muscle that results in a vision change for which eyeglasses or a change in eyeglasses is medically indicated within six (6) months of the surgery and is in accordance with policies established by the division, or (b) one (1) pair every five (5) years and in accordance with policies established by the division. In either instance, the eyeglasses must be prescribed by a physician skilled in diseases of the eye or an optometrist, whichever the beneficiary may select.
  11. Intermediate care facility services.
    1. The division shall make full payment to all intermediate care facilities for individuals with intellectual disabilities for each day, not exceeding sixty-three (63) days per year, that a patient is absent from the facility on home leave. Payment may be made for the following home leave days in addition to the sixty-three-day limitation: Christmas, the day before Christmas, the day after Christmas, Thanksgiving, the day before Thanksgiving and the day after Thanksgiving.
    2. All state-owned intermediate care facilities for individuals with intellectual disabilities shall be reimbursed on a full reasonable cost basis.
    3. Effective January 1, 2015, the division shall update the fair rental reimbursement system for intermediate care facilities for individuals with intellectual disabilities.
  12. Family planning services, including drugs, supplies and devices, when those services are under the supervision of a physician or nurse practitioner.
  13. Clinic services. Such diagnostic, preventive, therapeutic, rehabilitative or palliative services furnished to an outpatient by or under the supervision of a physician or dentist in a facility that is not a part of a hospital but that is organized and operated to provide medical care to outpatients. Clinic services shall include any services reimbursed as outpatient hospital services that may be rendered in such a facility, including those that become so after July 1, 1991. On July 1, 1999, all fees for physicians’ services reimbursed under authority of this paragraph (14) shall be reimbursed at ninety percent (90%) of the rate established on January 1, 1999, and as may be adjusted each July thereafter, under Medicare (Title XVIII of the federal Social Security Act, as amended). The division may develop and implement a different reimbursement model or schedule for physician’s services provided by physicians based at an academic health care center and by physicians at rural health centers that are associated with an academic health care center. The division may provide for a reimbursement rate for physician’s clinic services of up to one hundred percent (100%) of the rate established under Medicare for physician’s services that are provided after the normal working hours of the physician, as determined in accordance with regulations of the division.
  14. Home- and community-based services for the elderly and disabled, as provided under Title XIX of the federal Social Security Act, as amended, under waivers, subject to the availability of funds specifically appropriated for that purpose by the Legislature.

    The Division of Medicaid is directed to apply for a waiver amendment to increase payments for all adult day care facilities based on acuity of individual patients, with a maximum of Seventy-five Dollars ($75.00) per day for the most acute patients.

  15. Mental health services. Certain services provided by a psychiatrist shall be reimbursed at up to one hundred percent (100%) of the Medicare rate. Approved therapeutic and case management services (a) provided by an approved regional mental health/intellectual disability center established under Sections 41-19-31 through 41-19-39, or by another community mental health service provider meeting the requirements of the Department of Mental Health to be an approved mental health/intellectual disability center if determined necessary by the Department of Mental Health, using state funds that are provided in the appropriation to the division to match federal funds, or (b) provided by a facility that is certified by the State Department of Mental Health to provide therapeutic and case management services, to be reimbursed on a fee for service basis, or (c) provided in the community by a facility or program operated by the Department of Mental Health. Any such services provided by a facility described in subparagraph (b) must have the prior approval of the division to be reimbursable under this section.
  16. Durable medical equipment services and medical supplies. Precertification of durable medical equipment and medical supplies must be obtained as required by the division. The Division of Medicaid may require durable medical equipment providers to obtain a surety bond in the amount and to the specifications as established by the Balanced Budget Act of 1997.
    1. Notwithstanding any other provision of this section to the contrary, as provided in the Medicaid state plan amendment or amendments as defined in Section 43-13-145(10), the division shall make additional reimbursement to hospitals that serve a disproportionate share of low-income patients and that meet the federal requirements for those payments as provided in Section 1923 of the federal Social Security Act and any applicable regulations. It is the intent of the Legislature that the division shall draw down all available federal funds allotted to the state for disproportionate share hospitals. However, from and after January 1, 1999, public hospitals participating in the Medicaid disproportionate share program may be required to participate in an intergovernmental transfer program as provided in Section 1903 of the federal Social Security Act and any applicable regulations.
    2. The division may establish a Medicare Upper Payment Limits Program, as defined in Section 1902(a)(30) of the federal Social Security Act and any applicable federal regulations, for hospitals, and may establish a Medicare Upper Payment Limits Program for nursing facilities, and may establish a Medicare Upper Payment Limits Program for physicians employed or contracted by public hospitals. Upon successful implementation of a Medicare Upper Payment Limits Program for physicians employed by public hospitals, the division may develop a plan for implementing an Upper Payment Limits Program for physicians employed by other classes of hospitals. The division shall assess each hospital and, if the program is established for nursing facilities, shall assess each nursing facility, for the sole purpose of financing the state portion of the Medicare Upper Payment Limits Program. The hospital assessment shall be as provided in Section 43-13-145(4)(a) and the nursing facility assessment, if established, shall be based on Medicaid utilization or other appropriate method consistent with federal regulations. The assessment will remain in effect as long as the state participates in the Medicare Upper Payment Limits Program. Public hospitals with physicians participating in the Medicare Upper Payment Limits Program shall be required to participate in an intergovernmental transfer program for the purpose of financing the state portion of the physician UPL payments. As provided in the Medicaid state plan amendment or amendments as defined in Section 43-13-145(10), the division shall make additional reimbursement to hospitals and, if the program is established for nursing facilities, shall make additional reimbursement to nursing facilities, for the Medicare Upper Payment Limits, and, if the program is established for physicians, shall make additional reimbursement for physicians, as defined in Section 1902(a)(30) of the federal Social Security Act and any applicable federal regulations. Notwithstanding any other provision of this article to the contrary, effective upon implementation of the Mississippi Hospital Access Program (MHAP) provided in subparagraph (c)(i) below, the hospital portion of the inpatient Upper Payment Limits Program shall transition into and be replaced by the MHAP program. However, the division is authorized to develop and implement an alternative fee-for-service Upper Payment Limits model in accordance with federal laws and regulations if necessary to preserve supplemental funding. Further, the division, in consultation with the Mississippi Hospital Association and a governmental hospital located in a county bordering the Gulf of Mexico and the State of Alabama shall develop alternative models for distribution of medical claims and supplemental payments for inpatient and outpatient hospital services, and such models may include, but shall not be limited to the following: increasing rates for inpatient and outpatient services; creating a low-income utilization pool of funds to reimburse hospitals for the costs of uncompensated care, charity care and bad debts as permitted and approved pursuant to federal regulations and the Centers for Medicare and Medicaid Services; supplemental payments based upon Medicaid utilization, quality, service lines and/or costs of providing such services to Medicaid beneficiaries and to uninsured patients. The goals of such payment models shall be to ensure access to inpatient and outpatient care and to maximize any federal funds that are available to reimburse hospitals for services provided. Any such documents required to achieve the goals described in this paragraph shall be submitted to the Centers for Medicare and Medicaid Services, with a proposed effective date of July 1, 2019, to the extent possible, but in no event shall the effective date of such payment models be later than July 1, 2020. The Chairmen of the Senate and House Medicaid Committees shall be provided a copy of the proposed payment model(s) prior to submission. Effective July 1, 2018, and until such time as any payment model(s) as described above become effective, the division, in consultation with the Mississippi Hospital Association and a governmental hospital located in a county bordering the Gulf of Mexico and the State of Alabama is authorized to implement a transitional program for inpatient and outpatient payments and/or supplemental payments (including but not limited to MHAP and directed payments), to redistribute available supplemental funds among hospital providers, provided that when compared to a hospital’s prior year supplemental payments, supplemental payments made pursuant to any such transitional program shall not result in a decrease of more than five percent (5%) and shall not increase by more than the amount needed to maximize the distribution of the available funds.
      1. Not later than December l, 2015, the division shall, subject to approval by the Centers for Medicare and Medicaid Services (CMS), establish, implement and operate a Mississippi Hospital Access Program (MHAP) for the purpose of protecting patient access to hospital care through hospital inpatient reimbursement programs provided in this section designed to maintain total hospital reimbursement for inpatient services rendered by in-state hospitals and the out-of-state hospital that is authorized by federal law to submit intergovernmental transfers (IGTs) to the State of Mississippi and is classified as Level I trauma center located in a county contiguous to the state line at the maximum levels permissible under applicable federal statutes and regulations, at which time the current inpatient Medicare Upper Payment Limits (UPL) Program for hospital inpatient services shall transition to the MHAP.
      2. Subject only to approval by the Centers for Medicare and Medicaid Services (CMS) where required, the MHAP shall provide increased inpatient capitation (PMPM) payments to managed care entities contracting with the division pursuant to subsection (H) of this section to support availability of hospital services or such other payments permissible under federal law necessary to accomplish the intent of this subsection.
      3. The intent of this subparagraph (c) is that effective for all inpatient hospital Medicaid services during state fiscal year 2016, and so long as this provision shall remain in effect hereafter, the division shall to the fullest extent feasible replace the additional reimbursement for hospital inpatient services under the inpatient Medicare Upper Payment Limits (UPL) Program with additional reimbursement under the MHAP and other payment programs for inpatient and/or outpatient payments which may be developed under the authority of this paragraph.
      4. The division shall assess each hospital as provided in Section 43-13-145(4)(a) for the purpose of financing the state portion of the MHAP, supplemental payments and such other purposes as specified in Section 43-13-145. The assessment will remain in effect as long as the MHAP and supplemental payments are in effect.
    1. Perinatal risk management services. The division shall promulgate regulations to be effective from and after October 1, 1988, to establish a comprehensive perinatal system for risk assessment of all pregnant and infant Medicaid recipients and for management, education and follow-up for those who are determined to be at risk. Services to be performed include case management, nutrition assessment/counseling, psychosocial assessment/counseling and health education. The division shall contract with the State Department of Health to provide the services within this paragraph (Perinatal High Risk Management/Infant Services System (PHRM/ISS)). The State Department of Health as the agency for PHRM/ISS for the Division of Medicaid shall be reimbursed on a full reasonable cost basis.
    2. Early intervention system services. The division shall cooperate with the State Department of Health, acting as lead agency, in the development and implementation of a statewide system of delivery of early intervention services, under Part C of the Individuals with Disabilities Education Act (IDEA). The State Department of Health shall certify annually in writing to the executive director of the division the dollar amount of state early intervention funds available that will be utilized as a certified match for Medicaid matching funds. Those funds then shall be used to provide expanded targeted case management services for Medicaid eligible children with special needs who are eligible for the state’s early intervention system. Qualifications for persons providing service coordination shall be determined by the State Department of Health and the Division of Medicaid.
  17. Home- and community-based services for physically disabled approved services as allowed by a waiver from the United States Department of Health and Human Services for home- and community-based services for physically disabled people using state funds that are provided from the appropriation to the State Department of Rehabilitation Services and used to match federal funds under a cooperative agreement between the division and the department, provided that funds for these services are specifically appropriated to the Department of Rehabilitation Services.
  18. Nurse practitioner services. Services furnished by a registered nurse who is licensed and certified by the Mississippi Board of Nursing as a nurse practitioner, including, but not limited to, nurse anesthetists, nurse midwives, family nurse practitioners, family planning nurse practitioners, pediatric nurse practitioners, obstetrics-gynecology nurse practitioners and neonatal nurse practitioners, under regulations adopted by the division. Reimbursement for those services shall not exceed ninety percent (90%) of the reimbursement rate for comparable services rendered by a physician. The division may provide for a reimbursement rate for nurse practitioner services of up to one hundred percent (100%) of the reimbursement rate for comparable services rendered by a physician for nurse practitioner services that are provided after the normal working hours of the nurse practitioner, as determined in accordance with regulations of the division.
  19. Ambulatory services delivered in federally qualified health centers, rural health centers and clinics of the local health departments of the State Department of Health for individuals eligible for Medicaid under this article based on reasonable costs as determined by the division. Federally qualified health centers shall be reimbursed by the Medicaid prospective payment system as approved by the Centers for Medicare and Medicaid Services.
  20. Inpatient psychiatric services. Inpatient psychiatric services to be determined by the division for recipients under age twenty-one (21) that are provided under the direction of a physician in an inpatient program in a licensed acute care psychiatric facility or in a licensed psychiatric residential treatment facility, before the recipient reaches age twenty-one (21) or, if the recipient was receiving the services immediately before he or she reached age twenty-one (21), before the earlier of the date he or she no longer requires the services or the date he or she reaches age twenty-two (22), as provided by federal regulations. From and after January 1, 2015, the division shall update the fair rental reimbursement system for psychiatric residential treatment facilities. Precertification of inpatient days and residential treatment days must be obtained as required by the division. From and after July 1, 2009, all state-owned and state-operated facilities that provide inpatient psychiatric services to persons under age twenty-one (21) who are eligible for Medicaid reimbursement shall be reimbursed for those services on a full reasonable cost basis.
  21. [Deleted]
  22. [Deleted]
  23. Hospice care. As used in this paragraph, the term “hospice care” means a coordinated program of active professional medical attention within the home and outpatient and inpatient care that treats the terminally ill patient and family as a unit, employing a medically directed interdisciplinary team. The program provides relief of severe pain or other physical symptoms and supportive care to meet the special needs arising out of physical, psychological, spiritual, social and economic stresses that are experienced during the final stages of illness and during dying and bereavement and meets the Medicare requirements for participation as a hospice as provided in federal regulations.
  24. Group health plan premiums and cost-sharing if it is cost-effective as defined by the United States Secretary of Health and Human Services.
  25. Other health insurance premiums that are cost-effective as defined by the United States Secretary of Health and Human Services. Medicare eligible must have Medicare Part B before other insurance premiums can be paid.
  26. The Division of Medicaid may apply for a waiver from the United States Department of Health and Human Services for home- and community-based services for developmentally disabled people using state funds that are provided from the appropriation to the State Department of Mental Health and/or funds transferred to the department by a political subdivision or instrumentality of the state and used to match federal funds under a cooperative agreement between the division and the department, provided that funds for these services are specifically appropriated to the Department of Mental Health and/or transferred to the department by a political subdivision or instrumentality of the state.
  27. Pediatric skilled nursing services for eligible persons under twenty-one (21) years of age.
  28. Targeted case management services for children with special needs, under waivers from the United States Department of Health and Human Services, using state funds that are provided from the appropriation to the Mississippi Department of Human Services and used to match federal funds under a cooperative agreement between the division and the department.
  29. Care and services provided in Christian Science Sanatoria listed and certified by the Commission for Accreditation of Christian Science Nursing Organizations/Facilities, Inc., rendered in connection with treatment by prayer or spiritual means to the extent that those services are subject to reimbursement under Section 1903 of the federal Social Security Act.
  30. Podiatrist services.
  31. Assisted living services as provided through home- and community-based services under Title XIX of the federal Social Security Act, as amended, subject to the availability of funds specifically appropriated for that purpose by the Legislature.
  32. Services and activities authorized in Sections 43-27-101 and 43-27-103, using state funds that are provided from the appropriation to the Mississippi Department of Human Services and used to match federal funds under a cooperative agreement between the division and the department.
  33. Nonemergency transportation services for Medicaid-eligible persons, to be provided by the Division of Medicaid. The division may contract with additional entities to administer nonemergency transportation services as it deems necessary. All providers shall have a valid driver’s license, valid vehicle license tags and a standard liability insurance policy covering the vehicle. The division may pay providers a flat fee based on mileage tiers, or in the alternative, may reimburse on actual miles traveled. The division may apply to the Center for Medicare and Medicaid Services (CMS) for a waiver to draw federal matching funds for nonemergency transportation services as a covered service instead of an administrative cost. The PEER Committee shall conduct a performance evaluation of the nonemergency transportation program 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. The performance evaluation shall be completed and provided to the members of the Senate Medicaid Committee and the House Medicaid Committee not later than January 1, 2019, and every two (2) years thereafter.
  34. [Deleted]
  35. Chiropractic services. A chiropractor’s manual manipulation of the spine to correct a subluxation, if x-ray demonstrates that a subluxation exists and if the subluxation has resulted in a neuromusculoskeletal condition for which manipulation is appropriate treatment, and related spinal x-rays performed to document these conditions. Reimbursement for chiropractic services shall not exceed Seven Hundred Dollars ($700.00) per year per beneficiary.
  36. Dually eligible Medicare/Medicaid beneficiaries. The division shall pay the Medicare deductible and coinsurance amounts for services available under Medicare, as determined by the division. From and after July 1, 2009, the division shall reimburse crossover claims for inpatient hospital services and crossover claims covered under Medicare Part B in the same manner that was in effect on January 1, 2008, unless specifically authorized by the Legislature to change this method.
  37. [Deleted]
  38. Services provided by the State Department of Rehabilitation Services for the care and rehabilitation of persons with spinal cord injuries or traumatic brain injuries, as allowed under waivers from the United States Department of Health and Human Services, using up to seventy-five percent (75%) of the funds that are appropriated to the Department of Rehabilitation Services from the Spinal Cord and Head Injury Trust Fund established under Section 37-33-261 and used to match federal funds under a cooperative agreement between the division and the department.
  39. [Deleted]
  40. The division shall provide reimbursement, according to a payment schedule developed by the division, for smoking cessation medications for pregnant women during their pregnancy and other Medicaid-eligible women who are of child-bearing age.
  41. Nursing facility services for the severely disabled.
    1. Severe disabilities include, but are not limited to, spinal cord injuries, closed-head injuries and ventilator-dependent patients.
    2. Those services must be provided in a long-term care nursing facility dedicated to the care and treatment of persons with severe disabilities.
  42. Physician assistant services. Services furnished by a physician assistant who is licensed by the State Board of Medical Licensure and is practicing with physician supervision under regulations adopted by the board, under regulations adopted by the division. Reimbursement for those services shall not exceed ninety percent (90%) of the reimbursement rate for comparable services rendered by a physician. The division may provide for a reimbursement rate for physician assistant services of up to one hundred percent (100%) or the reimbursement rate for comparable services rendered by a physician for physician assistant services that are provided after the normal working hours of the physician assistant, as determined in accordance with regulations of the division.
  43. The division shall make application to the federal Centers for Medicare and Medicaid Services (CMS) for a waiver to develop and provide services for children with serious emotional disturbances as defined in Section 43-14-1(1), which may include home- and community-based services, case management services or managed care services through mental health providers certified by the Department of Mental Health. The division may implement and provide services under this waivered program only if funds for these services are specifically appropriated for this purpose by the Legislature, or if funds are voluntarily provided by affected agencies.
    1. The division may develop and implement disease management programs for individuals with high-cost chronic diseases and conditions, including the use of grants, waivers, demonstrations or other projects as necessary.
    2. Participation in any disease management program implemented under this paragraph (47) is optional with the individual. An individual must affirmatively elect to participate in the disease management program in order to participate, and may elect to discontinue participation in the program at any time.
  44. Pediatric long-term acute care hospital services.
    1. Pediatric long-term acute care hospital services means services provided to eligible persons under twenty-one (21) years of age by a freestanding Medicare-certified hospital that has an average length of inpatient stay greater than twenty-five (25) days and that is primarily engaged in providing chronic or long-term medical care to persons under twenty-one (21) years of age.
    2. The services under this paragraph (48) shall be reimbursed as a separate category of hospital services.
  45. The division shall establish copayments and/or coinsurance for all Medicaid services for which copayments and/or coinsurance are allowable under federal law or regulation .
  46. Services provided by the State Department of Rehabilitation Services for the care and rehabilitation of persons who are deaf and blind, as allowed under waivers from the United States Department of Health and Human Services to provide home- and community-based services using state funds that are provided from the appropriation to the State Department of Rehabilitation Services or if funds are voluntarily provided by another agency.
  47. Upon determination of Medicaid eligibility and in association with annual redetermination of Medicaid eligibility, beneficiaries shall be encouraged to undertake a physical examination that will establish a base-line level of health and identification of a usual and customary source of care (a medical home) to aid utilization of disease management tools. This physical examination and utilization of these disease management tools shall be consistent with current United States Preventive Services Task Force or other recognized authority recommendations.

    For persons who are determined ineligible for Medicaid, the division will provide information and direction for accessing medical care and services in the area of their residence.

  48. Notwithstanding any provisions of this article, the division may pay enhanced reimbursement fees related to trauma care, as determined by the division in conjunction with the State Department of Health, using funds appropriated to the State Department of Health for trauma care and services and used to match federal funds under a cooperative agreement between the division and the State Department of Health. The division, in conjunction with the State Department of Health, may use grants, waivers, demonstrations, or other projects as necessary in the development and implementation of this reimbursement program.
  49. Targeted case management services for high-cost beneficiaries may be developed by the division for all services under this section.
  50. [Deleted]
  51. Therapy services. The plan of care for therapy services may be developed to cover a period of treatment for up to six (6) months, but in no event shall the plan of care exceed a six-month period of treatment. The projected period of treatment must be indicated on the initial plan of care and must be updated with each subsequent revised plan of care. Based on medical necessity, the division shall approve certification periods for less than or up to six (6) months, but in no event shall the certification period exceed the period of treatment indicated on the plan of care. The appeal process for any reduction in therapy services shall be consistent with the appeal process in federal regulations.
  52. Prescribed pediatric extended care centers services for medically dependent or technologically dependent children with complex medical conditions that require continual care as prescribed by the child’s attending physician, as determined by the division.
  53. No Medicaid benefit shall restrict coverage for medically appropriate treatment prescribed by a physician and agreed to by a fully informed individual, or if the individual lacks legal capacity to consent by a person who has legal authority to consent on his or her behalf, based on an individual’s diagnosis with a terminal condition. As used in this paragraph (57), “terminal condition” means any aggressive malignancy, chronic end-stage cardiovascular or cerebral vascular disease, or any other disease, illness or condition which a physician diagnoses as terminal.
  54. Treatment services for persons with opioid dependency or other highly addictive substance use disorders. The division is authorized to reimburse eligible providers for treatment of opioid dependency and other highly addictive substance use disorders, as determined by the division. Treatment related to these conditions shall not count against any physician visit limit imposed under this section.
  55. The division shall allow beneficiaries between the ages of ten (10) and eighteen (18) years to receive vaccines through a pharmacy venue.

    Beginning in fiscal year 2010 and in fiscal years thereafter, when Medicaid expenditures are projected to exceed funds available for the fiscal year, the division shall submit the expected shortfall information to the PEER Committee not later than December 1 of the year in which the shortfall is projected to occur. PEER shall review the computations of the division and report its findings to the Legislative Budget Office not later than January 7 in any year.

    1. Pay providers at a rate that is less than the Medicaid All Patient Refined Diagnosis Related Groups (APR-DRG) reimbursement rate;
    2. Override the medical decisions of hospital physicians or staff regarding patients admitted to a hospital for an emergency medical condition as defined by 42 US Code Section 1395dd. This restriction (b) does not prohibit the retrospective review of the appropriateness of the determination that an emergency medical condition exists by chart review or coding algorithm, nor does it prohibit prior authorization for nonemergency hospital admissions;
    3. Pay providers at a rate that is less than the normal Medicaid reimbursement rate. It is the intent of the Legislature that all managed care entities described in this subsection (H), in collaboration with the division, develop and implement innovative payment models that incentivize improvements in health care quality, outcomes, or value, as determined by the division. Participation in the provider network of any managed care, coordinated care, provider-sponsored health plan, or similar contractor shall not be conditioned on the provider’s agreement to accept such alternative payment models;
    4. Implement a prior authorization program for prescription drugs that is more stringent than the prior authorization processes used by the division in its administration of the Medicaid program;
    5. [Deleted]
    6. Implement a preferred drug list that is more stringent than the mandatory preferred drug list established by the division under subsection (A)(9) of this section;
    7. Implement a policy which denies beneficiaries with hemophilia access to the federally funded hemophilia treatment centers as part of the Medicaid Managed Care network of providers. All Medicaid beneficiaries with hemophilia shall receive unrestricted access to anti-hemophilia factor products through noncapitated reimbursement programs.

      Notwithstanding any provision of this section, no expansion of Medicaid managed care program contracts may be implemented by the division without enabling legislation from the Mississippi Legislature. There is hereby established the Commission on Expanding Medicaid Managed Care to develop a recommendation to the Legislature and the Division of Medicaid relative to authorizing the division to expand Medicaid managed care contracts to include additional categories of Medicaid-eligible beneficiaries, and to study the feasibility of developing an alternative managed care payment model for medically complex children.

      1. The members of the commission shall be as follows:
      2. The Chairmen of the Senate Medicaid Committee and the Senate Appropriations Committee and a member of the Senate appointed by the Lieutenant Governor;
      3. The Chairmen of the House Medicaid Committee and the House Appropriations Committee and a member of the House of Representatives appointed by the Speaker of the House;
      4. The Executive Director of the Division of Medicaid, Office of the Governor;
      5. The Commissioner of the Mississippi Department of Insurance;
      6. A representative of a hospital that operates in Mississippi, appointed by the Speaker of the House;
      7. A licensed physician appointed by the Lieutenant Governor;
      8. A licensed pharmacist appointed by the Governor;
      9. A licensed mental health professional or alcohol and drug counselor appointed by the Governor;
      10. The Executive Director of the Mississippi State Medical Association (MSMA);
      11. Representatives of each of the current managed care organizations operated in the state appointed by the Governor; and
      12. A representative of the long-term care industry appointed by the Governor.
      13. The commission shall meet within forty-five (45) days of the effective date of this section, upon the call of the Governor, and shall evaluate the Medicaid managed care program. Specifically the commission shall:
      14. Review the program’s financial metrics;
      15. Review the program’s product offerings;
      16. Review the program’s impact on insurance premiums for individuals and small businesses;
      17. Make recommendations for future managed care program modifications;
      18. Determine whether the expansion of the Medicaid managed care program may endanger the access to care by vulnerable patients;
      19. Review the financial feasibility and health outcomes of populations health management as specifically provided in paragraph (2) above;
      20. Make recommendations regarding a pilot program to evaluate an alternative managed care payment model for medically complex children;
      21. The commission may request the assistance of the PEER Committee in making its evaluation; and
      22. The commission shall solicit information from any person or entity the commission deems relevant to its study.
      23. The members of the commission shall elect a chair from among the members. The commission shall develop and report its findings and any recommendations for proposed legislation to the Governor and the Legislature on or before December 1, 2018. A quorum of the membership shall be required to approve any final report and recommendation. Members of the commission shall be reimbursed for necessary travel expense in the same manner as public employees are reimbursed for official duties and members of the Legislature shall be reimbursed in the same manner as for attending out-of-session committee meetings.
      24. Upon making its report, the commission shall be dissolved.
        1. [Deleted]
        2. There shall be no cuts in inpatient and outpatient hospital payments, or allowable days or volumes, as long as the hospital assessment provided in Section 43-13-145 is in effect. This subsection (J) shall not apply to decreases in payments that are a result of: reduced hospital admissions, audits or payments under the APR-DRG or APC models, or a managed care program or similar model described in subsection (H) of this section.
        3. This section shall stand repealed on July 1, 2021.

Notwithstanding any other provision of this article to the contrary, the division shall reduce the rate of reimbursement to providers for any service provided under this section by five percent (5%) of the allowed amount for that service. However, the reduction in the reimbursement rates required by this subsection (B) shall not apply to inpatient hospital services, outpatient hospital services, nursing facility services, intermediate care facility services, psychiatric residential treatment facility services, pharmacy services provided under subsection (A)(9) of this section, or any service provided by the University of Mississippi Medical Center or a state agency, a state facility or a public agency that either provides its own state match through intergovernmental transfer or certification of funds to the division, or a service for which the federal government sets the reimbursement methodology and rate. From and after January 1, 2010, the reduction in the reimbursement rates required by this subsection (B) shall not apply to physicians’ services. In addition, the reduction in the reimbursement rates required by this subsection (B) shall not apply to case management services and home-delivered meals provided under the home- and community-based services program for the elderly and disabled by a planning and development district (PDD). Planning and development districts participating in the home- and community-based services program for the elderly and disabled as case management providers shall be reimbursed for case management services at the maximum rate approved by the Centers for Medicare and Medicaid Services (CMS). The Medical Care Advisory Committee established in Section 43-13-107(3)(a) shall develop a study and advise the division with respect to (1) determining the effect of any across-the-board five percent (5%) reduction in the rate of reimbursement to providers authorized under this subsection (B), and (2) comparing provider reimbursement rates to those applicable in other states in order to establish a fair and equitable provider reimbursement structure that encourages participation in the Medicaid program, and (3) comparing dental and orthodontic services reimbursement rates to those applicable in other states in fee-for-service and in managed care programs in order to establish a fair and equitable dental provider reimbursement structure that encourages participation in the Medicaid program, and (4) make a report thereon with any legislative recommendations to the Chairmen of the Senate and House Medicaid Committees prior to January 1, 2019.

The division may pay to those providers who participate in and accept patient referrals from the division’s emergency room redirection program a percentage, as determined by the division, of savings achieved according to the performance measures and reduction of costs required of that program. Federally qualified health centers may participate in the emergency room redirection program, and the division may pay those centers a percentage of any savings to the Medicaid program achieved by the centers’ accepting patient referrals through the program, as provided in this subsection (C).

[Deleted]

Notwithstanding any provision of this article, no new groups or categories of recipients and new types of care and services may be added without enabling legislation from the Mississippi Legislature, except that the division may authorize those changes without enabling legislation when the addition of recipients or services is ordered by a court of proper authority.

The executive director shall keep the Governor advised on a timely basis of the funds available for expenditure and the projected expenditures. Notwithstanding any other provisions of this article, if current or projected expenditures of the division are reasonably anticipated to exceed the amount of funds appropriated to the division for any fiscal year, the Governor, after consultation with the executive director, shall take all appropriate measures to reduce costs, which may include, but are not limited to:

Reducing or discontinuing any or all services that are deemed to be optional under Title XIX of the Social Security Act;

Reducing reimbursement rates for any or all service types;

Imposing additional assessments on health care providers; or

Any additional cost-containment measures deemed appropriate by the Governor.

Notwithstanding any other provision of this article, it shall be the duty of each provider participating in the Medicaid program to keep and maintain books, documents and other records as prescribed by the Division of Medicaid in substantiation of its cost reports for a period of three (3) years after the date of submission to the Division of Medicaid of an original cost report, or three (3) years after the date of submission to the Division of Medicaid of an amended cost report.

(1) Notwithstanding any other provision of this article, the division is authorized to implement (a) a managed care program, (b) a coordinated care program, (c) a coordinated care organization program, (d) a health maintenance organization program, (e) a patient-centered medical home program, (f) an accountable care organization program, (g) provider-sponsored health plan, or (h) any combination of the above programs. Managed care programs, coordinated care programs, coordinated care organization programs, health maintenance organization programs, patient-centered medical home programs, accountable care organization programs, provider-sponsored health plans, or any combination of the above programs or other similar programs implemented by the division under this section shall be limited to the greater of (i) forty-five percent (45%) of the total enrollment of Medicaid beneficiaries, or (ii) the categories of beneficiaries participating in the program as of January 1, 2014, plus the categories of beneficiaries composed primarily of persons younger than nineteen (19) years of age, and the division is authorized to enroll categories of beneficiaries in such program(s) as long as the appropriate limitations are not exceeded in the aggregate. As a condition for the approval of any program under this subsection (H)(1), the division shall require that no program may:

Any contractors providing direct patient care under a managed care program established in this section shall provide to the Legislature and the division statistical data to be shared with provider groups in order to improve patient access, appropriate utilization, cost savings and health outcomes not later than October 1 of each year. The division and the contractors participating in the managed care program, a coordinated care program or a provider-sponsored health plan shall be subject to annual program audits performed by the Office of the State Auditor, the PEER Committee and/or an independent third party that has no existing contractual relationship with the division. Those audits shall determine among other items, the financial benefit to the State of Mississippi of the managed care program, the difference between the premiums paid to the managed care contractors and the payments made by those contractors to health care providers, compliance with performance measures required under the contracts, and whether costs have been contained due to improved health care outcomes. In addition, the audit shall review the most common claim denial codes to determine the reasons for the denials. This audit report shall be considered a public document and shall be posted in its entirety on the division’s website.

All health maintenance organizations, coordinated care organizations, provider-sponsored health plans, or other organizations paid for services on a capitated basis by the division under any managed care program or coordinated care program implemented by the division under this section shall reimburse all providers in those organizations at rates no lower than those provided under this section for beneficiaries who are not participating in those programs.

No health maintenance organization, coordinated care organization, provider-sponsored health plan, or other organization paid for services on a capitated basis by the division under any managed care program or coordinated care program implemented by the division under this section shall require its providers or beneficiaries to use any pharmacy that ships, mails or delivers prescription drugs or legend drugs or devices.

No health maintenance organization, coordinated care organization, provider-sponsored health plan, or other organization paid for services on a capitated basis by the division under any managed care program or coordinated care program implemented by the division under this section shall require its providers to be credentialed by the organization in order to receive reimbursement from the organization, but those organizations shall recognize the credentialing of the providers by the division.

HISTORY: Codes, 1942, § 7290-39; Laws, 1969, Ex Sess, ch. 37, § 9; Laws, 1972, ch. 319, § 1; Laws, 1973, ch. 312, § 2; Laws, 1978, ch. 489, § 2; Laws, 1980, ch. 504; Laws, 1980, ch. 508, § 5; Laws, 1981, ch. 355, § 1; Laws, 1982, ch. 471; Laws, 1984, ch. 488, § 48; Laws, 1985, ch. 471; Laws, 1986, ch. 437, § 3; Laws, 1987, ch. 513, § 2; Laws, 1988, ch. 390; Laws, 1988, ch. 513; Laws, 1989, ch. 527, § 5; Laws, 1990, ch. 548, § 2; Laws, 1991, ch. 579, § 2; Laws, 1992, ch. 487, § 2; Laws, 1993, ch. 388, § 5; Laws, 1993, ch. 609, § 3; Laws, 1994, ch. 649, § 2; Laws, 1995, ch. 614, § 2; Laws, 1996, ch. 518, § 1; Laws, 1997, ch. 380, § 1; Laws, 1997, ch. 587, § 6; Laws, 1998, ch. 377, § 1; Laws, 1999, ch. 467, § 1; Laws, 1999, ch. 477, § 2; Laws, 1999, ch. 495, § 1; Laws, 1999, ch. 593, § 1; Laws, 2000, ch. 301, § 8; Laws, 2000, ch. 328, § 1; Laws, 2000, ch. 571, § 1; Laws, 2001, ch. 305, § 1; Laws, 2001, ch. 385, § 1; Laws, 2001, ch. 453, § 1; Laws, 2001, ch. 594, § 2; Laws, 2002, ch. 304, § 1; Laws, 2002, ch. 454, § 1; Laws, 2002, ch. 636B, § 1; Laws, 2003, ch. 543, § 3; Laws, 2004, ch. 593, § 3; Laws, 2005, ch. 470, § 2; Laws, 2007, ch. 552, § 4; Laws, 2007, ch. 553, § 2; Laws, 2008, ch. 360, § 2; Laws, 2009, 2nd Ex Sess, ch. 118, § 2; Laws, 2010, ch. 476, § 71; Laws, 2012, ch. 524, § 13; Laws, 2012, ch. 530, § 2; Laws, 2013, 2nd Ex Sess, ch. 1, § 2; Laws, 2014, ch. 488, § 1; Laws, 2015, ch. 483, § 1, eff from and after passage (approved Apr. 22, 2015); Laws, 2018, ch. 440, § 1, eff from and after July 1, 2018.

Joint Legislative Committee Note —

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, Revision, and Publication corrected a typographical error in Section 6 of ch. 587, Laws of 1997. In the last sentence of paragraph (26), the reference to “42 CAR” was changed to “42 CFR”. The Joint Committee ratified the correction at the May 8, 1997 meeting of the Committee.

Section 1 of ch. 467, Laws of 1999, effective after its passage (approved March 25, 1995), amended this section. Section 2 of ch. 477, Laws of 1999, effective after its passage (approved March 29, 1999), Section 1 of ch. 495, Laws of 1999, effective July 1, 1999 and Section 1 of ch. 593, Laws of 1999, effective June 30, 1999, also amended this section. As set out above, this section reflects the language of all four amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision and Publication of Legislation authority to integrate amendments so that all versions of the same code section enacted within the same legislative session may become effective. The Joint Committee on Compilation, Revision and Publication of Legislation ratified the integration of these amendments as consistent with the legislative intent at the April 28, 1999, meeting of the Committee.

Section 8 of ch. 301, Laws of 2000, effective from and after July 1, 1999, amended this section. Section 1 of ch. 328, Laws of 2000, effective from and after July 1, 2000, also amended this section. Section 1 of ch. 571, Laws of 2000, effective from and after its passage (approved May 20, 2000), also amended this section. As set out above, this section reflects the language of Section 1 of ch. 571, Laws of 2000, pursuant to the terms of Sections 1 and 2 of ch. 571, which specifically incorporated and superseded the amendments made to this section by chs. 301 and 328.

Section 1 of ch. 305, Laws of 2001, effective from and after passage (approved February 27, 2001), amended this section. Section 1 of ch. 385, Laws of 2001, effective from and after passage (approved March 11, 2001), also amended this section. Section 1 of ch. 453, Laws of 2001, effective from and after June 30, 2001, also amended this section. Section 2 of ch. 594, Laws of 2001, effective from and after July 1, 2001, also amended this section. As set out above, this section reflects the language of Section 2 of ch. 594, Laws if 2001, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, the amendment with the latest effective date shall supersede all other amendments to the same section taking effect earlier.

Section 1 of ch. 304, Laws of 2002, eff from and after passage (approved March 6, 2002), amended this section. Section 1 of ch. 454, Laws of 2002, eff from and after passage (approved March 20, 2002), also amended this section. Section 1 of ch. 636B, Laws of 2002, eff from and after passage (approved April 12, 2002), also amended this section. As set out above, this section reflects the language of Section 1 of ch. 636B, Laws of 2002, pursuant to Section 1-3-79 which provides that whenever the same section of law is amended by different bills during the same legislative session, and the effective dates of the amendments are the same, the amendment with the latest approval date shall supersede all other amendments to the same section approved on an earlier date.

Section 4 of ch. 552, Laws of 2007, effective from and after July 1, 2007 (approved April 20, 2007), amended this section. Section 2 of ch. 553, Laws of 2007, effective from and after passage (approved April 20, 2007), also amended this section. As set out above, this section reflects the language of Section 2 of ch. 553, Laws of 2007, which contains language that specifically provides that it supersedes §43-13-117, as amended by Laws of 2007, ch. 552.

Section 2 of Chapter 530, Laws of 2012, effective upon passage (approved May 17, 2012), amended this section. Section 13 of Chapter 524, Laws of 2012, effective upon passage (approved May 16, 2012), also amended this section. As set out above, this section reflects the language of Section 2 of Chapter 530, Laws of 2012, which contains language that specifically provides that it supersedes §43-13-117 as amended by Laws of 2012, ch. 524.

Editor’s Notes —

Chapter 118 of the Second Extraordinary Session of 2009 was effective on July 1, 2009, but the amendments to this section were contingent upon the effectuation of the hospital assessment provided for in Section 43-13-145(4). Section 43-13-145(4)(f) [in the first version of the section as it appeared in Laws of 2009, 2nd Ex Session, Ch. 118, § 3] provides that the hospital assessment will not take effect if the Centers for Medicare and Medicaid Services (CMS) does not approve the Division of Medicaid’s 2009 Medicaid State Plan Amendment for its methodology for Disproportionate Share Hospital (DSH) and inpatient Medicare Upper Payment Limits (UPL) payments to hospitals. CMS approved the State Plan Amendment on March 9, 2010, and the hospital assessment then became effective, so the amendments to this section by Chapter 118 of the Second Extraordinary Session of 2009 became effective on March 9, 2010.

Laws of 1984, ch. 488, § 341, provides as follows:

“SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

Laws of 1986, ch. 437, §§ 1, 2, eff from and after July 1, 1986, provide as follows:

“SECTION 1. This act shall be known and may be cited as the Mississippi Health Services Reorganization Act of 1986.

“SECTION 2. All records, property and unexpended balances of appropriations, allocations or other funds of any agency abolished or affected by this act shall be transferred to the appropriate agency according to the merger of their functions under this act.”

For a list of code sections affected by Laws of 1986, Chapter 437, see Statutory Tables Volume, Table B, Allocation of Acts of 1986.

Laws of 1993, ch. 388, § 7, effective July 1, 1993, provides as follows:

“SECTION 7. This act shall take effect and be in force from and after July 1, 1993, and shall be implemented after appropriate federal waivers have been obtained. However, subsections (2) and (5) of Section 1 of this act shall take effect and be in force from and after the passage of this act.”

Former paragraph (A)(7)(b) relating to home health services reimbursement was repealed by its own terms on July 1, 1997.

Chapter 301 of Laws of 2000 was Senate Bill 2143, 1999 Regular Session, and originally passed both Houses of the Legislature on March 30, 1999. The Governor vetoed Senate Bill 2143 on April 23, 1999. The veto was overridden by the State Senate on February 16, 2000, and by the State House of Representatives on February 17, 2000.

Laws of 2000, ch. 571, § 2, provides as follows:

“SECTION 2. It is the intent of the Legislature that the amendments to Section 43-13-117, Mississippi Code of 1972, contained in House Bill No. 1280, 2000 Regular Session [ch. 571], shall supersede the amendments to this section contained in House Bill No. 1432, 2000 Regular Session [ch. 328].”

Laws of 2002, ch. 454, § 2, provides as follows:

“SECTION 2. Any contribution or transfer of funds to a state agency by a political subdivision or instrumentality of the state before March 20, 2002, which funds were used to match federal funds to provide services under paragraph (15) or (16) of Section 43-13-117, is ratified, approved and confirmed.”

Chapter 636B of Laws of 2002 was Senate Bill 2189, 2002 Regular Session, and originally passed the House of Representatives and the Senate on April 2, 2002. The Governor vetoed Senate Bill 2189 on April 9, 2002. The veto was overridden by both the House of Representatives and the Senate on April 12, 2002.

Laws of 2002, ch. 636B, § 7, provides as follows:

“SECTION 7. Any transfer of funds to the Department of Mental Health by a political subdivision or instrumentality of the state before April 12, 2002, which funds were used to match federal funds to provide services under paragraph (29) of Section 43-13-117, is ratified, approved and confirmed.”

Laws of 2002, 3rd Extraordinary Session, ch. 1, § 2, provides as follows:

“SECTION 2. The issuance of any permits by the State Board of Pharmacy in accordance with the provisions of Section 73-21-108 as it existed on June 30, 2001, during the period from July 1, 2001, until the effective date of Chapter 1, Third Extraordinary Session of 2002, are ratified, approved and confirmed.

“Any reimbursement payments for durable medical equipment services or medical supplies made by the Division of Medicaid to holders of permits issued by the State Board of Pharmacy in accordance with the provisions of Section 73-21-108 as it existed on June 30, 2001, during the period from July 1, 2001, until the effective date of Chapter 1, Third Extraordinary Session of 2002, are ratified, approved and confirmed; however, this subsection does not prevent or restrict the Division of Medicaid from exercising any of the authority granted under Section 43-13-121 with respect to any of those reimbursement payments.”

Laws of 2003, ch. 556, § 6, provides as follows:

“SECTION 6. It is the intent of the Legislature that the Executive Director of the Division of Medicaid shall maintain the current services until such time as the 2004 Legislature convenes. This is not intended to affect any of the provisions in House Bill No. 897, 2003 Regular Session, or other cost saving measures that otherwise may be implemented.”

Laws of 2006, ch. 303, § 1, as amended by Laws of 2007, ch. 412, § 1, and as amended by Laws of 2008, ch. 422, § 1, has been codified as §43-13-119 at the direction of Co-counsel for the Joint Legislative Committee on Compilation, Revision and Publication of Legislation.

Laws of 2006, ch. 303, § 2, as amended by Laws of 2007, ch. 412, § 1, provides:

“SECTION 2. The division is authorized to seek approval from the centers for Medicare and Medicaid Services (CMS) for a waiver or grant to cover those individuals identified to receive services under this act, as allowed by federal law. The division is also authorized to explore other options for administering and providing services under this program, including, but not limited to, matching any available federal funds and/or making grants to nonprofit organizations. The division may study, but shall not implement without explicit statutory authorization during the 2008 Regular Session of the Legislature, the use of private provider funds for the continued operation of this program.”

In (A)(54) there is a reference to “vulnerable adults.” The “Vulnerable Adults Act” was renamed the “Vulnerable Persons Act” by Laws of 2010, ch. 357 to change references to “vulnerable adult” to “vulnerable person.”

Laws of 2012, ch. 530, § 5, provides:

“SECTION 5. (1) The Division of Medicaid shall develop proposals for the following:

“(a) The division shall develop a plan for the APR-DRG reimbursement methodology which increases such payments in order to reduce or eliminate Medicare Upper Payment Limits (UPL) program payments;

“(b) The division shall develop a plan to replace the existing hospital assessment provided in Section 43-13-145 with other possible revenue systems, including the possibility of a net inpatient revenue assessment;

“(c) The division shall develop a plan providing revisions to the current reimbursement methodology for prescription drugs.

“(d) The division shall develop a plan providing revisions to the current reimbursement methodology for nursing facility services.

“(2) The division shall not implement these plans, but shall submit the plans to the Public Health and Welfare Committee of the Senate and the Medicaid Committee of the House no later than October 15, 2012, including necessary legislative recommendations.”

Amendment Notes —

The first 2002 amendment (ch. 304) rewrote the section.

The second 2002 amendment (ch. 454) inserted “and/or funds transferred to a state agency by a political subdivision or instrumentality of the state” twice in (15) and once in (16); and made minor stylistic changes in (15) and (16).

The third 2002 amendment (ch. 636B) rewrote the section.

The 2003 amendment substituted “subparagraph” for “paragraph” in (1)(c); rewrote (4)(f); rewrote the first two paragraphs of (9)(a); rewrote (9)(b); rewrote (15); deleted former (25) which read: “Birthing center services”; rewrote (34); added the last sentence in (36); rewrote (39); substituted “one (1) year” for “two (2) years” in (42); and rewrote (47) and (50).

The 2004 amendment rewrote the section.

The 2005 amendment inserted “and children” following “eligible infants” in the second sentence of (1)(a); deleted the former last sentence in (1)(c), which read: “This subparagraph (c) shall stand repealed on July 1, 2005”; rewrote (2); in (6), rewrote the second sentence, and added the last sentence; substituted “twenty-five (25) visits” for “sixty (60) visits” in (7)(a); rewrote (9)(a); in (14), rewrote the third sentence, and added the next-to-last sentence; deleted the former last sentence in (18)(b) which read: “This subparagraph (b) shall stand repealed from and after July 1, 2005”; substituted “may develop and implement disease management programs for individuals with high-cost chronic diseases and conditions”for “shall develop and implement disease management programs for individuals with asthma, diabetes or hypertension” in (47)(a); added (53); and rewrote the remainder of the section following (53).

The first 2007 amendment (ch. 552), added (54).

The second 2007 amendment (ch. 553) rewrote the section.

The 2008 amendment added the second sentence in (1)(a); and substituted “Mississippi Department of Human Services” for “State Department of Human Services” in (5) and (35).

The 2009 Extraordinary Session amendment provided for two versions of this section; in the version effective when the hospital assessment provided for in the 2009 amendments to Section 43-13-145 becomes effective, rewrote the section; and in the version effective if the hospital assessment in the 2009 amendments to Section 43-13-145 does not take effect and/or ceases to be imposed, substituted “subparagraph (b)” for “paragraph (b)” in the second sentence of the first paragraph of (10)(a).

The 2010 amendment, in (A)(5), inserted “treatment, care, and services”; four times substituted “mental health/intellectual disability” for “mental health/retardation” in (A)(16).

The first 2012 amendment (ch. 524), added (A)(56)(d) and extended the repealer provision in (K) from “2012” to “2013.”

The second 2012 amendment (ch. 530), added (A)(1)(d) and (e), (A)(2)(c) and (d), (A)(56); and added the last sentence of (A)(4), (A)(6), (A)(14)(A), (A)(21), (A)(45), (D) and (J); deleted (A)(4)(d) and rewrote (A)(16)(a) and (H)(1); deleted the second sentence in (A)(6), which provided that fees for physicians services only covered under medicaid would be reimbursed at 90% of the established rate; and added the last sentence of (6); and added “unless the single source or innovator multiple source drug is less expensive than the gereric equivalent” at the end of the third paragraph of (A)(9)(a); and substituted “July 1, 2013” for “July 1, 2012” in (A)(10)(f); and rewrote (H) and (J).

The 2013 amendment deleted the last sentence in (A)(4), which read: “The division shall not change reimbursement rates for nursing facilities from the level that rates were in effect on January 1, 2012, except that nursing facility rates will be adjusted by an add-on after trended costs are used by the division to increase the nursing facility bed assessment provided in Section 43-13-145(1)”; substituted “July 1, 2014” for “July 1, 2013” at the end of (A)(10)(f); and at the end of (K).

The 2014 amendment deleted “The division shall allow six (6) medically necessary emergency room visits per beneficiary per fiscal year” from the end in (A)(2)(a); substituted the current language for “[Deleted]” in (A)(4)(d); added the last sentence in (A)(6); substituted “July 1, 2016” for “July 1, 2014” in (A)(10)(f); in (A)(12), substituted “individuals with intellectual disabilities” for “the mentally retarded” in (a) and (b), and added (c); in (A)(18)(b), added “and may establish . . . classes of hospitals,” the sixth sentence, and “and, if the program . . . for physicians” at the end; added the third and fourth sentences in (A)(19)(a); added the second sentence in (A)(23); made a minor stylistic change in (A)(44)(a); added (A)(57); substituted “individuals with intellectual disabilities” for “the mentally retarded” in (G); in (H), rewrote the introductory paragraph of (1), added the second sentence in (1)(h), and added (2) and (3), redesignating the remaining paragraphs; and substituted “July 1, 2016” for “July 1, 2014” in (K).

The 2015 amendment added the second paragraph of (A)(15); added the last sentence in (A)(18)(b); added (A)(18)(c)(i) through (v); in (H)(1), inserted “provider-sponsored health plan, or (h)” in the first sentence, and inserted “provider-sponsored health plans” in the second sentence, and substituted “subsection” for “paragraph” in the last sentence; in (H)(1)(b), added “for an emergency medical condition as defined by 42 US Code Section 1395dd” to the end of the first sentence, substituted “the retrospective review of the appropriateness of the determination . . . prohibit prior authorization for nonemergency hospital admissions” for “prior authorization for nonemergency hospital visitation” in the last sentence; deleted former (c), which read: “Result in any reduction in Medicare Upper Payment Limits (UPL) payments to hospital providers in the aggregate because of the program”; and redesignated former (H)(1)(d) through (H)(1)(h) as present (H)(1)(c) through (H)(1)(g), and added “however, the division may approve use of innovative payment models that recognize . . . . to accept such alternative payment models” to the end; deleted former (H)(2) which read: “No later than December 31, 2015, the division shall develop and submit to the Senate Public Health Committee and the House Medicaid Committee a proposed plan outlining the advantages and disadvantages of inpatient hospital services being included in a managed care program, including any effect on UPL payments to hospitals and ways to offset any reductions that might occur as a result of changes to the program”; inserted “provider-sponsored health plans” in (H)(3) and (4); and extended the repealer provision from “July 1, 2016” to “June 30, 2018” in (K).

The 2018 amendment rewrote the section to extend the date of the repealer for the section, to eliminate the annual limits on physician visits, home health services visits and monthly prescriptions, to delete the restriction on reimbursement rate for emergency medical transportation services, to authorize or revise reimbursement to obstetricians and gynecologists, federally qualified health centers, certain rural hospitals for certain services, authorize or revise reimbursement of physician-administered drugs, treatment for opioid dependency and other highly addictive substance use disorders, to provide that coverage of dental and orthodontic services be determined by the Division, to revise certain provisions of the Medicare Upper Payment Limits Program and the Mississippi Hospital Access Program, to allow children between ten and eighteen to receive vaccines through a pharmacy, to exempt outpatient hospital services from the 5% reduction in provider reimbursement rate, to revise the way the Division may make certain changes to authorized services and the actions the Division may take to reduce costs under certain circumstances, and to subject the Division and certain participating contractors to annual program audits.

Cross References —

Educational programs for nurse-midwives, see §37-129-1.

Prescribed pediatric extended care centers, see §41-121-1 et seq.

Institutions for the aged and infirm, see §§43-11-1 et seq.

Provision that certain funds of medicaid patients who are receiving services in long-term care facilities and who die intestate and without heirs shall be credited to the Division of Medicaid, see §43-13-120.

Medical assistance to Vietnamese and Cambodian refugees, see §43-13-121.

Provision granting the Division of Medicaid authority to establish reasonable fees, charges, and rates for medical services and drugs, subject to limitations imposed by this section, see §43-13-121.

Provision of the Mississippi Vulnerable Persons Act to effect that a court shall not order the Division of Medicaid to provide custody, care, or maintenance of a vulnerable person who is not otherwise eligible for medical assistance under §43-13-115 or services under this section, see §43-47-21.

Provider-sponsored health plans, see §§83-5-601 et seq.

Federal Aspects—

Titles XVIII and XIX of the Social Security Act appear as 42 USCS §§ 1395 through 1395ccc and 42 USCS §§ 1396 through 1396v, respectively.

Additional reimbursement to hospitals serving disproportionate share of low income patients under Federal Social Security Act, see 42 USCS § 1395ww (d)(5)(C)(i).

Section 1886(d)(5)(F) of the Federal Social Security Act, see 42 USCS § 1395ww.

Section 1902 (a)(30) of the Social Security Act appears as 42 USCS § 1396a.

Section 1903 of the Social Security Act, see 42 USCS § 1396b.

Section 1923 of the Social Security Act, see 42 USCS § 1396r-4.

Individuals with Disabilities Education Act, see 20 USCS §§ 1400 et seq.

JUDICIAL DECISIONS

1. In general.

Chancellor properly affirmed the findings of the Division of Medicaid (DOM) that its methodology for the distribution of upper payment limit (UPL) and Disproportionate Share Hospital (DSH) funds to hospitals comported with state law because DOM complied with the dictates of the statute, federal law, and its own State Plan, and it exhausted the maximum available DSH and UPL funds, per the directive of the Legislature; whether UPL or DSH had to be paid first was decided by the Legislature. Mem'l Hosp. at Gulfport v. Dzielak, 250 So.3d 397, 2018 Miss. LEXIS 313 (Miss. 2018).

Pharmacy reimbursement rule promulgated by the Division of Medicaid (DOM), implementing a State Maximum Allowable Cost (SMAC) program for calculating the estimated acquisition cost (EAC) for certain generic drugs, ran afoul of Miss. Code Ann. §43-13-117 because it altered the way in which Medicaid providers were reimbursed without prior legislative approval. Div. of Medicaid v. Miss. Indep. Pharms. Ass'n, 20 So.3d 1236, 2009 Miss. LEXIS 552 (Miss. 2009).

Because the Mississippi Division of Medicaid’s State Plan Amendment 2006-006 conflicted with the statutory requirement in Miss. Code Ann. §43-13-117 that a private nursing facilities for the severely disabled be reimbursed as a separate category of nursing facility, the amendment was void and of no effect. Accordingly, the chancery court’s decision which affirmed the DOM’s decision was revered and the case was remanded. Miss. Methodist Hosp. & Rehab. Ctr., Inc. v. Miss. Div. of Medicaid, 21 So.3d 600, 2009 Miss. LEXIS 444 (Miss. 2009).

Nursing home operator was not allowed to receive payment for corrected Medicaid billings after it discovered errors in its prior billings because the regulations allowing corrected patient assessments, required to be submitted to receive payment, only applied prospectively. Beverly Enters. v. State Div. of Medicaid, 2001 Miss. LEXIS 181 (Miss. July 19, 2001), op. withdrawn, sub. op., 808 So. 2d 939, 2002 Miss. LEXIS 51 (Miss. 2002).

To determine whether health care providers are entitled to bring private right of action under 42 USCS § 1983 to challenged adequacy of state’s reimbursement rates for medical services provided under Medicaid program, court must look closely at precise statutory language, and examine what is required of state as a condition of receiving federal funds. Duties that are merely generalized are to be enforced by the Secretary, not by private individuals. The right must be unambiguously conferred by the statute. The two-prong test of Golden State Transit Corp. v. Los Angeles (1989) 493 U.S. 103, 107 L. Ed. 3d 420, 110 S. Ct. 444, still has force: (1) plaintiff must assert violation of a federal rights: the interest the plaintiff asserts must not be too vague and amorphous, and it must be examined whether the provision was intended to benefit the putative plaintiff. (2) Even when plaintiff shows a federal right, defendant may show that Congress specifically foreclosed a remedy under section 1983 by providing a comprehensive enforcement mechanism for protection of a federal right, the burden to demonstrate that Congress had expressly withdrawn such a remedy being on the defendant. Evelyn V. v. Kings County Hosp. Ctr., 819 F. Supp. 183, 1993 U.S. Dist. LEXIS 4452 (E.D.N.Y. 1993).

Health care providers are entitled to sue under 42 USCS § 1983 to challenge adequacy of state’s reimbursement rates for medical services provided under medicaid program. Wilder v. Virginia Hosp. Ass'n, 496 U.S. 498, 110 S. Ct. 2510, 110 L. Ed. 2d 455, 1990 U.S. LEXIS 3143 (U.S. 1990).

OPINIONS OF THE ATTORNEY GENERAL

Adding providers of mental health services to State Medicaid Plan that are not specifically authorized in Section 43-13-117(16) could not be accomplished by relying on exception Section 43-13-117; such amendment would require statutory authority. Wetherbee Aug. 24, 1993, A.G. Op. #93-0536.

The language “any other cost containment measures on any program or programs authorized under the article to the extent allowed under federal law governing such program or programs,” gives the Division of Medicaid the authority to reduce and/or adjust the amount, duration, and scope of Medicaid services provided by state statute that are deemed mandatory under federal Medicaid law, to the extent allowed under federal law; further, the Division of Medicaid may adjust income limits and/or discontinue any or all Medicaid eligibility categories provided by state statute that are deemed to be optional under federal Medicaid law. Lewis-Payton, Apr. 24, 2002, A.G. Op. #02-0234.

RESEARCH REFERENCES

ALR.

Transsexual surgery as covered operation under state medical assistance program. 2 A.L.R.4th 775.

Reviewability before trial of order denying qualified immunity to defendant sued in state court under 42 USCS § 1983. 49 A.L.R.5th 717.

Propriety of prophylactic availability programs. 52 A.L.R.5th 477.

§ 43-13-117.1. Nursing facility services funds for certain nursing facility residents may be transferred to cover costs of services available through home- and community-based waiver programs.

It is the intent of the Legislature to expand access to Medicaid-funded home- and community-based services for eligible nursing facility residents who choose those services. The Executive Director of the Division of Medicaid is authorized to transfer funds allocated for nursing facility services for eligible residents to cover the cost of services available through the Independent Living Waiver, the Traumatic Brain Injury/Spinal Cord Injury Waiver, the Elderly and Disabled Waiver, and the Assisted Living Waiver programs when eligible residents choose those community services. The amount of funding transferred by the division shall be sufficient to cover the cost of home- and community-based waiver services for each eligible nursing facility residents who choose those services. The number of nursing facility residents who return to the community and home- and community-based waiver services shall not count against the total number of waiver slots for which the Legislature appropriates funding each year. Any funds remaining in the program when a former nursing facility resident ceases to participate in a home- and community-based waiver program under this provision shall be returned to nursing facility funding.

HISTORY: Laws, 2007, ch. 553, § 4, eff from and after July 1, 2007.

§ 43-13-117.2. Study on implementation of pilot program to provide chronic disease management of chronic obstructive pulmonary disease.

The Division of Medicaid is authorized and directed to study the feasibility of implementing a pilot program to provide chronic disease management of chronic obstructive pulmonary disease (COPD) using private sources of funding in an effort to reduce the financial and clinical burden of COPD illness upon the Medicaid program and the citizens of Mississippi. If a pilot program is deemed feasible, such a program shall be implemented and a report of findings and recommendations be prepared and provided to the Office of the Governor and the Chairmen of the House and Senate Public Health and Welfare Committees and the Chairman of the House Medicaid Committee in order to evaluate the effectiveness of the pilot program in reducing costs within the Medicaid program and in providing improved health and well-being of the affected patients.

HISTORY: Laws, 2007, ch. 553, § 5, eff from and after July 1, 2007.

§ 43-13-117.3. Repealed.

Repealed by Laws of 2015, ch. 473, § 3, effective July 1, 2015.

Editor’s Notes —

Former §43-13-117.3 provided for a study on the implementation of a pilot program to provide bariatric surgery in the morbidly obese as a treatment option.

§ 43-13-117.4. Payment by Division of Medicaid of costs of care and services rendered by an entity that performs nontherapeutic abortions or maintains or operates or is affiliated with an entity that maintains or operates a facility where nontherapeutic abortions are performed prohibited.

Notwithstanding any other provision of Section 43-13-117, the division shall not authorize payment of part or all of the costs of care and services rendered by any entity that performs nontherapeutic abortions, maintains or operates a facility where nontherapeutic abortions are performed, or is affiliated with such an entity. For purposes of this provision, “nontherapeutic abortions” means abortions that are not qualified for federal matching funds under the Medicaid program, 42 USC Section 1396 et seq., and as amended hereafter, and “affiliated with” means having a legal relationship with another entity created or governed by one or more written instruments that demonstrates common control, ownership, franchisee status or management, or that grants a license or other authority to utilize the other entity’s brand name, trademark, service mark or other registered identification mark.

HISTORY: Laws, 2016, ch. 469, § 1, eff from and after July 1, 2016.

Editor’s Notes —

In Planned Parenthood Southeast v. Dzielak, 2016 U.S. Dist. LEXIS 148015 (Oct. 20, 2016), the U.S. District Court for the Southern District of Mississippi, citing the U.S. Fifth Circuit Court’s decision in Planned Parenthood of Gulf Coast, Inc. v. Gee, 2016 U.S. App. LEXIS 16844 (Sept. 14, 2016), granted the plaintiffs’ motion for a declaratory judgment finding §43-13-117.4, Mississippi Code of 1972, void, and permanently enjoined the defendant from enforcing, threatening to enforce or otherwise applying the provisions of §43-13-117.4.

§ 43-13-117.5. Reimbursement for services provided eligible beneficiaries by licensed freestanding psychiatric hospital authorized.

The Division of Medicaid is authorized to reimburse for services provided to eligible Medicaid beneficiaries by a licensed freestanding psychiatric hospital in a method and manner to be determined by the division in accordance with federal law and federal regulations. The division may seek any necessary waivers, make any required amendments to its State Plan, or revise any contracts authorized under Section 43-13-117(H) as necessary to provide the services authorized under this section. As used in this section, the term “psychiatric hospital” shall have the meaning as defined in Section 41-7-173(h)(ii), which is an institution that is primarily engaged in providing to inpatients, by or under the supervision of a physician, psychiatric services for the diagnosis and treatment of persons with mental illness. It is the intent of the Legislature that the cost of providing services to individuals in a psychiatric hospital shall not exceed the cost of providing the same services to individuals in a hospital as defined by Section 41-7-173(h)(i).

HISTORY: Laws, 2019, ch. 426, § 1, eff from and after passage (approved March 28, 2019).

§ 43-13-118. Records of provider participating in Medicaid program.

It shall be the duty of each provider participating in the medical assistance program to keep and maintain books, documents, and other records as prescribed by the division of Medicaid in substantiation of its claim for services rendered Medicaid recipients, and such books, documents, and other records shall be kept and maintained for a period of five (5) years or for whatever longer period as may be required or prescribed under federal or state statutes and shall be subject to audit by the division. The division shall be entitled to full recoupment of the amount it has paid any provider of medical service who has failed to keep or maintain records as required herein.

HISTORY: Laws, 1983, ch. 336, § 2; Laws, 1984, ch. 488, § 49; Laws, 1994, ch. 649, § 3, eff from and after July 1, 1994.

Cross References —

Audit and inspection of health care provider’s records, see §43-13-229.

§ 43-13-119. Repealed.

Repealed by its own terms, effective July 1, 2016.

§43-13-119. [Laws, 2006, ch. 303, § 1; Laws, 2007, ch. 412, § 1; Laws, 2008, ch. 422, § 1; Laws, 2010, ch. 498, § 3; Laws, 2013, 2nd Ex Sess, ch. 1, § 3; Laws, 2014, ch. 488, § 2, eff from and after July 1, 2014.]

Editor’s Notes —

Former §43-13-119 [Laws, 2006, ch. 303, § 1; Laws, 2007, ch. 412, § 1; Laws, 2008, ch. 422, § 1; Laws, 2010, ch. 498, § 3; Laws, 2013, 2nd Ex Sess, ch. 1, § 3; Laws, 2014, ch. 488, § 2, eff from and after July 1, 2014; Repealed by its own terms effective July 1, 2016] required the Division of Medicaid to design and implement a temporary program to provide nonemergency transportation to locations for dialysis services for certain persons.

A former §43-13-119 [Codes, 1942, § 7290-40; Laws, 1969, Ex Sess, ch. 37, § 10], which gave Medicaid recipients the absolute right to choose and select any legally qualified supplier of drugs, services and care without restriction, was repealed by Laws of 1993, ch. 609, § 4, effective from and after passage (approved April 20, 1993).

§ 43-13-120. Division of Medicaid deemed beneficiary of certain recipients who die intestate and without heirs.

  1. Any person who is a Medicaid recipient and is receiving medical assistance for services provided in a long-term care facility under the provisions of Section 43-13-117 from the Division of Medicaid in the Office of the Governor, who dies intestate and leaves no known heirs, shall have deemed, through his acceptance of such medical assistance, the Division of Medicaid as his beneficiary to all such funds in an amount not to exceed Two Hundred Fifty Dollars ($250.00) which are in his possession at the time of his death. Such funds, together with any accrued interest thereon, shall be reported by the long-term care facility to the State Treasurer in the manner provided in subsection (2).
  2. The report of such funds shall be verified, shall be on a form prescribed or approved by the Treasurer, and shall include (a) the name of the deceased person and his last known address prior to entering the long-term care facility; (b) the name and last known address of each person who may possess an interest in such funds; and (c) any other information which the Treasurer prescribes by regulation as necessary for the administration of this section. The report shall be filed with the Treasurer prior to November 1 of each year in which the long-term care facility has provided services to a person or persons having funds to which this section applies.
  3. Within one hundred twenty (120) days from November 1 of each year in which a report is made pursuant to subsection (2), the Treasurer shall cause notice to be published in a newspaper having general circulation in the county of this state in which is located the last known address of the person or persons named in the report who may possess an interest in such funds, or if no such person is named in the report, in the county in which is located the last known address of the deceased person prior to entering the long-term care facility. If no address is given in the report or if the address is outside of this state, the notice shall be published in a newspaper having general circulation in the county in which the facility is located. The notice shall contain (a) the name of the deceased person; (b) his last known address prior to entering the facility; (c) the name and last known address of each person named in the report who may possess an interest in such funds; and (d) a statement that any person possessing an interest in such funds must make a claim therefor to the Treasurer within ninety (90) days after such publication date or the funds will become the property of the State of Mississippi. In any year in which the Treasurer publishes a notice of abandoned property under Section 89-12-27, the Treasurer may combine the notice required by this section with the notice of abandoned property. The cost to the Treasurer of publishing the notice required by this section shall be paid by the Division of Medicaid.
  4. Each long-term care facility that makes a report of funds of a deceased person under this section shall pay over and deliver such funds, together with any accrued interest thereon, to the Treasurer not later than ten (10) days after notice of such funds has been published by the Treasurer as provided in subsection (3). If a claim to such funds is not made by any person having an interest therein within ninety (90) days of the published notice, the Treasurer shall place such funds in the special account in the State Treasury to the credit of the “Governor’s Office – Division of Medicaid” to be expended by the Division of Medicaid for the purposes provided under Mississippi Medicaid Law.
  5. This section shall not be applicable to any Medicaid patient in a long-term care facility of a state institution listed in Section 41-7-73, who has a personal deposit fund as provided for in Section 41-7-90.

HISTORY: Laws, 1985, ch. 403, § 1; Laws, 1986, ch. 437, § 4, eff from and after July 1, 1986.

Editor’s Notes —

Laws, 1986, ch. 437, §§ 1, 2, eff from and after July 1, 1986, provide as follows:

“SECTION 1. This act shall be known and may be cited as the Mississippi Health Services Reorganization Act of 1986.

“SECTION 2. All records, property and unexpended balances of appropriations, allocations or other funds of any agency abolished or affected by this act shall be transferred to the appropriate agency according to the merger of their functions under this act.”

For a list of code sections affected by Laws, 1986, Chapter 437, see Statutory Tables Volume, Table B, Allocation of Acts of 1986.

Cross References —

Provision that this section shall not apply to any Medicaid patient in a state institution listed in §41-7-73, see §41-7-90.

Inapplicability of provisions of this chapter to any person who owns property subject to the provisions of this section, see §89-12-53.

RESEARCH REFERENCES

Am. Jur.

79 Am. Jur. 2d, Welfare Laws § 40.

CJS.

81 C.J.S., Social Security and Public Welfare §§ 268, 269.

§ 43-13-121. Authority to administer article.

  1. The division shall administer the Medicaid program under the provisions of this article, and may do the following:
    1. Adopt and promulgate reasonable rules, regulations and standards, with approval of the Governor, and in accordance with the Administrative Procedures Law, Section 25-43-1.101 et seq.:
      1. Establishing methods and procedures as may be necessary for the proper and efficient administration of this article;
      2. Providing Medicaid to all qualified recipients under the provisions of this article as the division may determine and within the limits of appropriated funds;
      3. Establishing reasonable fees, charges and rates for medical services and drugs; in doing so, the division shall fix all of those fees, charges and rates at the minimum levels absolutely necessary to provide the medical assistance authorized by this article, and shall not change any of those fees, charges or rates except as may be authorized in Section 43-13-117;
      4. Providing for fair and impartial hearings;
      5. Providing safeguards for preserving the confidentiality of records; and
      6. For detecting and processing fraudulent practices and abuses of the program;
    2. Receive and expend state, federal and other funds in accordance with court judgments or settlements and agreements between the State of Mississippi and the federal government, the rules and regulations promulgated by the division, with the approval of the Governor, and within the limitations and restrictions of this article and within the limits of funds available for that purpose;
    3. Subject to the limits imposed by this article, to submit a Medicaid plan to the United States Department of Health and Human Services for approval under the provisions of the federal Social Security Act, to act for the state in making negotiations relative to the submission and approval of that plan, to make such arrangements, not inconsistent with the law, as may be required by or under federal law to obtain and retain that approval and to secure for the state the benefits of the provisions of that law.

      No agreements, specifically including the general plan for the operation of the Medicaid program in this state, shall be made by and between the division and the United States Department of Health and Human Services unless the Attorney General of the State of Mississippi has reviewed the agreements, specifically including the operational plan, and has certified in writing to the Governor and to the executive director of the division that the agreements, including the plan of operation, have been drawn strictly in accordance with the terms and requirements of this article;

    4. In accordance with the purposes and intent of this article and in compliance with its provisions, provide for aged persons otherwise eligible for the benefits provided under Title XVIII of the federal Social Security Act by expenditure of funds available for those purposes;
    5. To make reports to the United States Department of Health and Human Services as from time to time may be required by that federal department and to the Mississippi Legislature as provided in this section;
    6. Define and determine the scope, duration and amount of Medicaid that may be provided in accordance with this article and establish priorities therefor in conformity with this article;
    7. Cooperate and contract with other state agencies for the purpose of coordinating Medicaid provided under this article and eliminating duplication and inefficiency in the Medicaid program;
    8. Adopt and use an official seal of the division;
    9. Sue in its own name on behalf of the State of Mississippi and employ legal counsel on a contingency basis with the approval of the Attorney General;
    10. To recover any and all payments incorrectly made by the division to a recipient or provider from the recipient or provider receiving the payments. The division shall be authorized to collect any overpayments to providers sixty (60) days after the conclusion of any administrative appeal unless the matter is appealed to a court of proper jurisdiction and bond is posted. Any appeal filed after July 1, 2015, shall be to the Chancery Court of the First Judicial District of Hinds County, Mississippi, within sixty (60) days after the date that the division has notified the provider by certified mail sent to the proper address of the provider on file with the division and the provider has signed for the certified mail notice, or sixty (60) days after the date of the final decision if the provider does not sign for the certified mail notice. To recover those payments, the division may use the following methods, in addition to any other methods available to the division:
      1. The division shall report to the Department of Revenue the name of any current or former Medicaid recipient who has received medical services rendered during a period of established Medicaid ineligibility and who has not reimbursed the division for the related medical service payment(s). The Department of Revenue shall withhold from the state tax refund of the individual, and pay to the division, the amount of the payment(s) for medical services rendered to the ineligible individual that have not been reimbursed to the division for the related medical service payment(s).
      2. The division shall report to the Department of Revenue the name of any Medicaid provider to whom payments were incorrectly made that the division has not been able to recover by other methods available to the division. The Department of Revenue shall withhold from the state tax refund of the provider, and pay to the division, the amount of the payments that were incorrectly made to the provider that have not been recovered by other available methods;
    11. To recover any and all payments by the division fraudulently obtained by a recipient or provider. Additionally, if recovery of any payments fraudulently obtained by a recipient or provider is made in any court, then, upon motion of the Governor, the judge of the court may award twice the payments recovered as damages;
    12. Have full, complete and plenary power and authority to conduct such investigations as it may deem necessary and requisite of alleged or suspected violations or abuses of the provisions of this article or of the regulations adopted under this article, including, but not limited to, fraudulent or unlawful act or deed by applicants for Medicaid or other benefits, or payments made to any person, firm or corporation under the terms, conditions and authority of this article, to suspend or disqualify any provider of services, applicant or recipient for gross abuse, fraudulent or unlawful acts for such periods, including permanently, and under such conditions as the division deems proper and just, including the imposition of a legal rate of interest on the amount improperly or incorrectly paid. Recipients who are found to have misused or abused Medicaid benefits may be locked into one (1) physician and/or one (1) pharmacy of the recipient’s choice for a reasonable amount of time in order to educate and promote appropriate use of medical services, in accordance with federal regulations. If an administrative hearing becomes necessary, the division may, if the provider does not succeed in his or her defense, tax the costs of the administrative hearing, including the costs of the court reporter or stenographer and transcript, to the provider. The convictions of a recipient or a provider in a state or federal court for abuse, fraudulent or unlawful acts under this chapter shall constitute an automatic disqualification of the recipient or automatic disqualification of the provider from participation under the Medicaid program.

      A conviction, for the purposes of this chapter, shall include a judgment entered on a plea of nolo contendere or a nonadjudicated guilty plea and shall have the same force as a judgment entered pursuant to a guilty plea or a conviction following trial. A certified copy of the judgment of the court of competent jurisdiction of the conviction shall constitute prima facie evidence of the conviction for disqualification purposes;

    13. Establish and provide such methods of administration as may be necessary for the proper and efficient operation of the Medicaid program, fully utilizing computer equipment as may be necessary to oversee and control all current expenditures for purposes of this article, and to closely monitor and supervise all recipient payments and vendors rendering services under this article. Notwithstanding any other provision of state law, the division is authorized to enter into a ten-year contract(s) with a vendor(s) to provide services described in this paragraph (m). Notwithstanding any provision of law to the contrary, the division is authorized to extend its Medicaid Management Information Systems, including all related components and services, and Decision Support System, including all related components and services, contracts expiring on June 30, 2015, for a period not to exceed five (5) years without complying with the requirements provided in Section 25-9-120 and the Personal Service Contract Review Board procurement regulations;
    14. To cooperate and contract with the federal government for the purpose of providing Medicaid to Vietnamese and Cambodian refugees, under the provisions of Public Law 94-23 and Public Law 94-24, including any amendments to those laws, only to the extent that the Medicaid assistance and the administrative cost related thereto are one hundred percent (100%) reimbursable by the federal government. For the purposes of Section 43-13-117, persons receiving Medicaid under Public Law 94-23 and Public Law 94-24, including any amendments to those laws, shall not be considered a new group or category of recipient; and
    15. The division shall impose penalties upon Medicaid only, Title XIX participating long-term care facilities found to be in noncompliance with division and certification standards in accordance with federal and state regulations, including interest at the same rate calculated by the United States Department of Health and Human Services and/or the Centers for Medicare and Medicaid Services (CMS) under federal regulations.
  2. The division also shall exercise such additional powers and perform such other duties as may be conferred upon the division by act of the Legislature.
  3. The division, and the State Department of Health as the agency for licensure of health care facilities and certification and inspection for the Medicaid and/or Medicare programs, shall contract for or otherwise provide for the consolidation of on-site inspections of health care facilities that are necessitated by the respective programs and functions of the division and the department.
  4. The division and its hearing officers shall have power to preserve and enforce order during hearings; to issue subpoenas for, to administer oaths to and to compel the attendance and testimony of witnesses, or the production of books, papers, documents and other evidence, or the taking of depositions before any designated individual competent to administer oaths; to examine witnesses; and to do all things conformable to law that may be necessary to enable them effectively to discharge the duties of their office. In compelling the attendance and testimony of witnesses, or the production of books, papers, documents and other evidence, or the taking of depositions, as authorized by this section, the division or its hearing officers may designate an individual employed by the division or some other suitable person to execute and return that process, whose action in executing and returning that process shall be as lawful as if done by the sheriff or some other proper officer authorized to execute and return process in the county where the witness may reside. In carrying out the investigatory powers under the provisions of this article, the executive director or other designated person or persons may examine, obtain, copy or reproduce the books, papers, documents, medical charts, prescriptions and other records relating to medical care and services furnished by the provider to a recipient or designated recipients of Medicaid services under investigation. In the absence of the voluntary submission of the books, papers, documents, medical charts, prescriptions and other records, the Governor, the executive director, or other designated person may issue and serve subpoenas instantly upon the provider, his or her agent, servant or employee for the production of the books, papers, documents, medical charts, prescriptions or other records during an audit or investigation of the provider. If any provider or his or her agent, servant or employee refuses to produce the records after being duly subpoenaed, the executive director may certify those facts and institute contempt proceedings in the manner, time and place as authorized by law for administrative proceedings. As an additional remedy, the division may recover all amounts paid to the provider covering the period of the audit or investigation, inclusive of a legal rate of interest and a reasonable attorney’s fee and costs of court if suit becomes necessary. Division staff shall have immediate access to the provider’s physical location, facilities, records, documents, books, and any other records relating to medical care and services rendered to recipients during regular business hours.
  5. If any person in proceedings before the division disobeys or resists any lawful order or process, or misbehaves during a hearing or so near the place thereof as to obstruct the hearing, or neglects to produce, after having been ordered to do so, any pertinent book, paper or document, or refuses to appear after having been subpoenaed, or upon appearing refuses to take the oath as a witness, or after having taken the oath refuses to be examined according to law, the executive director shall certify the facts to any court having jurisdiction in the place in which it is sitting, and the court shall thereupon, in a summary manner, hear the evidence as to the acts complained of, and if the evidence so warrants, punish that person in the same manner and to the same extent as for a contempt committed before the court, or commit that person upon the same condition as if the doing of the forbidden act had occurred with reference to the process of, or in the presence of, the court.
  6. In suspending or terminating any provider from participation in the Medicaid program, the division shall preclude the provider from submitting claims for payment, either personally or through any clinic, group, corporation or other association to the division or its fiscal agents for any services or supplies provided under the Medicaid program except for those services or supplies provided before the suspension or termination. No clinic, group, corporation or other association that is a provider of services shall submit claims for payment to the division or its fiscal agents for any services or supplies provided by a person within that organization who has been suspended or terminated from participation in the Medicaid program except for those services or supplies provided before the suspension or termination. When this provision is violated by a provider of services that is a clinic, group, corporation or other association, the division may suspend or terminate that organization from participation. Suspension may be applied by the division to all known affiliates of a provider, provided that each decision to include an affiliate is made on a case-by-case basis after giving due regard to all relevant facts and circumstances. The violation, failure or inadequacy of performance may be imputed to a person with whom the provider is affiliated where that conduct was accomplished within the course of his or her official duty or was effectuated by him or her with the knowledge or approval of that person.
  7. The division may deny or revoke enrollment in the Medicaid program to a provider if any of the following are found to be applicable to the provider, his or her agent, a managing employee or any person having an ownership interest equal to five percent (5%) or greater in the provider:
    1. Failure to truthfully or fully disclose any and all information required, or the concealment of any and all information required, on a claim, a provider application or a provider agreement, or the making of a false or misleading statement to the division relative to the Medicaid program.
    2. Previous or current exclusion, suspension, termination from or the involuntary withdrawing from participation in the Medicaid program, any other state’s Medicaid program, Medicare or any other public or private health or health insurance program. If the division ascertains that a provider has been convicted of a felony under federal or state law for an offense that the division determines is detrimental to the best interest of the program or of Medicaid beneficiaries, the division may refuse to enter into an agreement with that provider, or may terminate or refuse to renew an existing agreement.
    3. Conviction under federal or state law of a criminal offense relating to the delivery of any goods, services or supplies, including the performance of management or administrative services relating to the delivery of the goods, services or supplies, under the Medicaid program, any other state’s Medicaid program, Medicare or any other public or private health or health insurance program.
    4. Conviction under federal or state law of a criminal offense relating to the neglect or abuse of a patient in connection with the delivery of any goods, services or supplies.
    5. Conviction under federal or state law of a criminal offense relating to the unlawful manufacture, distribution, prescription or dispensing of a controlled substance.
    6. Conviction under federal or state law of a criminal offense relating to fraud, theft, embezzlement, breach of fiduciary responsibility or other financial misconduct.
    7. Conviction under federal or state law of a criminal offense punishable by imprisonment of a year or more that involves moral turpitude, or acts against the elderly, children or infirm.
    8. Conviction under federal or state law of a criminal offense in connection with the interference or obstruction of any investigation into any criminal offense listed in paragraphs (c) through (i) of this subsection.
    9. Sanction for a violation of federal or state laws or rules relative to the Medicaid program, any other state’s Medicaid program, Medicare or any other public health care or health insurance program.
    10. Revocation of license or certification.
    11. Failure to pay recovery properly assessed or pursuant to an approved repayment schedule under the Medicaid program.
    12. Failure to meet any condition of enrollment.

HISTORY: Codes, 1942, § 7290-41; Laws, 1969, Ex Sess, ch. 37, § 11; Laws, 1976, ch. 317, § 2; Laws, 1978, ch. 421, § 1; Laws, 1983, ch. 336 § 1; Laws, 1984, ch. 488, § 50; Laws, 1986, ch. 437, § 5; Laws, 1994, ch. 649, § 4; Laws, 1995, ch. 614, § 3; Laws, 2000, ch. 301, § 9; Laws, 2001, ch. 594, § 3; Laws, 2002, ch. 636B, § 2; Laws, 2004, ch. 593, § 4; Laws, 2012, ch. 530, § 3; Laws, 2014, ch. 488, § 3; Laws, 2015, ch. 321, § 1; Laws, 2015, ch. 473, § 2, eff from and after July 1, 2015.

Joint Legislative Committee Note —

Section 2 of Chapter 473, Laws of 2015, effective from and after July 1, 2015 (approved April 22, 2015), amended this section. Section 1 of Chapter 321, Laws of 2015, effective upon passage (approved March 13, 2015), also amended this section. As set out above, this section reflects the language of Section 2 of Chapter 473, Laws of 2015, which contains language that specifically provides that it supersedes §43-13-121 as amended by Laws of 2015, ch. 321.

Editor’s Notes —

Laws of 1984, ch. 488, § 341, provides as follows:

“SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

Laws of 1986, ch. 437, §§ 1, 2, eff from and after July 1, 1986, provide as follows:

“SECTION 1. This act shall be known and may be cited as the Mississippi Health Services Reorganization Act of 1986.

“SECTION 2. All records, property and unexpended balances of appropriations, allocations or other funds of any agency abolished or affected by this act shall be transferred to the appropriate agency according to the merger of their functions under this act.”

For a list of code sections affected by Laws of 1986, Chapter 437, see the Statutory Tables Volume, Table B, Allocation of Acts of 1986.

Chapter 301 of Laws of 2000, was Senate Bill 2143, 1999 Regular Session, and originally passed both Houses of the Legislature on March 30, 1999. The Governor vetoed Senate Bill 2143 on April 23, 1999. The veto was overridden by the State Senate on February 16, 2000, and by the State House of Representatives on February 17, 2000.

Chapter 636B of Laws of 2002 was Senate Bill 2189, 2002 Regular Session, and originally passed the House of Representatives and the Senate on April 2, 2002. The Governor vetoed Senate Bill 2189 on April 9, 2002. The veto was overridden by both the House of Representatives and the Senate on April 12, 2002.

Section 25-43-1.101(3) provides that any reference to Section 25-43-1 et seq., referred to in subsection (1)(a) of this section, shall be deemed to mean and refer to Section 25-43-1.101 et seq.

Laws of 2012, ch. 530, § 5, provides:

“SECTION 5. (1) The Division of Medicaid shall develop proposals for the following:

“(a) The division shall develop a plan for the APR-DRG reimbursement methodology which increases such payments in order to reduce or eliminate Medicare Upper Payment Limits (UPL) program payments;

“(b) The division shall develop a plan to replace the existing hospital assessment provided in Section 43-13-145 with other possible revenue systems, including the possibility of a net inpatient revenue assessment;

“(c) The division shall develop a plan providing revisions to the current reimbursement methodology for prescription drugs.

“(d) The division shall develop a plan providing revisions to the current reimbursement methodology for nursing facility services.

“(2) The division shall not implement these plans, but shall submit the plans to the Public Health and Welfare Committee of the Senate and the Medicaid Committee of the House no later than October 15, 2012, including necessary legislative recommendations.”

Laws of 2014, ch. 488, § 7 provides:

“SECTION 7. Not later than December 15, 2014, the Division of Medicaid shall prepare and deliver a report to the Chairmen of the Senate Public Health and Welfare Committee and the House Medicaid Committee on the impact of referrals by physicians for advanced imaging services using equipment owned in full or in part by the referring physician. The report shall include data on referral patterns that may indicate fraud or abuse.”

Amendment Notes —

The 2002 amendment rewrote the section.

The 2004 amendment substituted “United States” for “federal” preceding “Department of Health” throughout; added gender neutral language; rewrote (1)(j), and added (1)(j)(i), (1)(j)(ii).

The 2012 amendment added the second sentence in (1)(j); substituted “Department of Revenue” for “State Tax Commission” twice in (1)(j)(i) and (ii); and added last sentence in (1)(m).

The 2014 amendment inserted the second to last sentence in (1)(j) and added the last sentence in (1)(m).

The first 2015 amendment (ch. 321), effective March 13, 2015, inserted “the First Judicial District of” near the end of the third sentence of (1)(j); in the last sentence of (1)(m), deleted “Effective July 1, 2014, and” from the beginning of the sentence, and substituted “Medicaid Management Information Systems, including all related components and services, and Decision Support System, including all related components and services” for “Fiscal Agent and Eligibility Determination System,” “June 30, 2015” for “July 1, 2014,” and “five (5) years” for “three (3) years.”

The second 2015 amendment (ch. 473), effective July 1, 2015, in (1)(j), substituted “sixty (60) days” for “thirty (30) days” in the second sentence, and rewrote the third sentence, which read: “Any appeal filed after July 1, 2014, shall be to the Chancery Court of Hinds County, Mississippi.”

Cross References —

Agency adoption of rules describing its organization and rules of practice, see §24-43-5.

Medicaid Fraud Control Act, see §§43-13-201 et seq.

Federal Aspects—

Public Law 94-23, see 22 USCS § 2601 note.

Social Security Act, see 42 USCS §§ 301 et seq.

Title XVIII of the Social Security Act, see 42 USCS §§ 1395 et seq.

Medicaid (Title XIX of the Social Security Act), see 42 USCS §§ 1396 et seq.

JUDICIAL DECISIONS

1. In general.

2. Exhaustion of remedies.

1. In general.

Although a hospice care provider was a limited liability company that was administratively dissolved, the provider’s appeal of the Mississippi Division of Medicaid’s decision to demand that unsupported claims be repaid was allowed to proceed because the provider, by further appealing the decision, was not maintaining an action against Medicaid, but rather, continued to defend itself against Medicaid’s administrative decision. Genesis Hospice Care, LLC v. Miss. Div. of Medicaid, 267 So.3d 779, 2019 Miss. LEXIS 160 (Miss. 2019).

Long-term skilled nursing facility was not entitled to a per diem reimbursement from the Mississippi Division of Medicaid (DOM) for respiratory-therapist expenses because the DOM had no statutory requirement to provide funding for the respiratory therapy. Although the DOM did allow a per diem reimbursement for respiratory therapists’ salaries for certain categories of medical facilities, the nursing facility, which was classified as a large nursing facility was not entitled to claim respiratory-therapy expenses as part of its per diem calculation. CLC of Biloxi, LLC v. Miss. Div. of Medicaid, 238 So.3d 16, 2018 Miss. App. LEXIS 73 (Miss. Ct. App. 2018).

To determine whether health care providers are entitled to bring private right of action under 42 USCS § 1983 to challenged adequacy of state’s reimbursement rates for medical services provided under Medicaid program, court must look closely at precise statutory language, and examine what is required of state as a condition of receiving federal funds. Duties that are merely generalized are to be enforced by the Secretary, not by private individuals. The right must be unambiguously conferred by the statute. The two-prong test of Golden State Transit Corp. v. Los Angeles (1989) 493 U.S. 103, 107 L. Ed. 3d 420, 110 S. Ct. 444, still has force: (1) plaintiff must assert violation of a federal rights: the interest the plaintiff asserts must not be too vague and amorphous, and it must be examined whether the provision was intended to benefit the putative plaintiff. (2) Even when plaintiff shows a federal right, defendant may show that Congress specifically foreclosed a remedy under section 1983 by providing a comprehensive enforcement mechanism for protection of a federal right, the burden to demonstrate that Congress had expressly withdrawn such a remedy being on the defendant. Evelyn V. v. Kings County Hosp. Ctr., 819 F. Supp. 183, 1993 U.S. Dist. LEXIS 4452 (E.D.N.Y. 1993).

Health care providers are entitled to sue under 42 USCS § 1983 to challenge adequacy of state’s reimbursement rates for medical services provided under medicaid program. Wilder v. Virginia Hosp. Ass'n, 496 U.S. 498, 110 S. Ct. 2510, 110 L. Ed. 2d 455, 1990 U.S. LEXIS 3143 (U.S. 1990).

2. Exhaustion of remedies.

Action filed by several facility care providers against the Mississippi Division of Medicaid challenging a rate freeze was properly dismissed for failure to exhaust administrative remedies as set out through a state plan and policy manual before resorting to a chancery court for relief. No exception to the exhaustion requirement applied because the agency’s position was not clearly illegal, and the pursuit of an administrative remedy would not have resulted in irreparable harm. CLC of Biloxi, LLC v. Miss. Div. of Medicaid, 189 So.3d 726, 2016 Miss. App. LEXIS 244 (Miss. Ct. App. 2016).

RESEARCH REFERENCES

ALR.

Validity of state statutes and regulations limiting or restricting public funding for abortions sought by indigent women. 20 A.L.R.4th 1166.

Reviewability before trial of order denying qualified immunity to defendant sued in state court under 42 USCS § 1983. 49 A.L.R.5th 717.

§ 43-13-122. Division authorized to apply for federal, private and public waivers, grants and contributions; implementation of integrated case-mix payment and quality monitoring system.

  1. The division is authorize to apply to the Center for Medicare and Medicaid Services of the United States Department of Health and Human Services for waivers and research and demonstration grants.
  2. The division is further authorized to accept and expend any grants, donations or contributions from any public or private organization together with any additional federal matching funds that may accrue and including, but not limited to, one hundred percent (100%) federal grant funds or funds from any governmental entity or instrumentality thereof in furthering the purposes and objectives of the Mississippi Medicaid program, provided that such receipts and expenditures are reported and otherwise handled in accordance with the General Fund Stabilization Act. The Department of Finance and Administration is authorized to transfer monies to the division from special funds in the State Treasury in amounts not exceeding the amounts authorized in the appropriation to the division.

HISTORY: Laws, 1989, ch. 527, § 6; Laws, 1990, ch. 548, § 3; Laws, 1991, ch. 612, § 3; Laws, 1993, ch. 609, § 5; Laws, 1994, ch. 649, § 5; Laws, 1995, ch. 614, § 4; Laws, 1996, ch. 518, § 2; Laws, 2000, ch. 301, § 10; Laws, 2003, ch. 543, § 5, eff from and after passage (approved Apr. 21, 2003.).

Editor’s Notes —

Chapter 301 of Laws of 2000 was Senate Bill 2143, 1999 Regular Session, and originally passed both Houses of the Legislature on March 30, 1999. The Governor vetoed Senate Bill 2143 on April 23, 1999. The veto was overridden by the State Senate on February 16, 2000, and by the State House of Representatives on February 17, 2000.

Amendment Notes —

The 2003 amendment rewrote (1).

§ 43-13-123. Methods of providing for payment of claims.

The determination of the method of providing payment of claims under this article shall be made by the division, with approval of the Governor, which methods may be:

By contract with insurance companies licensed to do business in the State of Mississippi or with nonprofit hospital service corporations, medical or dental service corporations, authorized to do business in Mississippi to underwrite on an insured premium approach, such medical assistance benefits as may be available, and any carrier selected under the provisions of this article is expressly authorized and empowered to undertake the performance of the requirements of that contract.

By contract with an insurance company licensed to do business in the State of Mississippi or with nonprofit hospital service, medical or dental service organizations, or other organizations including data processing companies, authorized to do business in Mississippi to act as fiscal agent.

The division shall obtain services to be provided under either of the above-described provisions in accordance with the Personal Service Contract Review Board Procurement Regulations.

The authorization of the foregoing methods shall not preclude other methods of providing payment of claims through direct operation of the program by the state or its agencies.

HISTORY: Codes, 1942, § 7290-42; Laws, 1969, Ex Sess, ch. 37, § 12; Laws, 1978, ch. 489, § 3; Laws, 1984, ch. 488, § 51; Laws, 2002, ch. 636B, § 3, eff from and after passage (approved Apr. 12, 2002.).

Editor’s Notes —

Laws of 1984, ch. 488, § 341, provides as follows:

“SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

Chapter 636B of Laws of 2002 was Senate Bill 2189, 2002 Regular Session, and originally passed the House of Representatives and the Senate on April 2, 2002. The Governor vetoed Senate Bill 2189 on April 9, 2002. The veto was overridden by both the House of Representatives and the Senate on April 12, 2002.

Amendment Notes —

The 2002 amendment rewrote the section.

Cross References —

Medicaid Fraud Control Act, see §§43-13-201 et seq.

Provisions relative to third party liability for medical payments and transmission of information regarding such liability to the Division of Medicaid, see Article 7 of this chapter (§§43-13-301 et seq).

JUDICIAL DECISIONS

1. In general.

To determine whether health care providers are entitled to bring private right of action under 42 USCS § 1983 to challenged adequacy of state’s reimbursement rates for medical services provided under Medicaid program, court must look closely at precise statutory language, and examine what is required of state as a condition of receiving federal funds. Duties that are merely generalized are to be enforced by the Secretary, not by private individuals. Right must be unambiguously conferred by the statute. The two-prong test of Golden State Transit Corp. v. Los Angeles (1989) 493 U.S. 103, 107 L. Ed. 3d 420, 110 S. Ct. 444, still has force: (1) plaintiff must assert violation of a federal rights: the interest the plaintiff asserts must not be too vague and amorphous, and it must be examined whether the provision was intended to benefit the putative plaintiff. (2) Even when plaintiff shows a federal right, defendant may show that Congress specifically foreclosed a remedy under section 1983 by providing a comprehensive enforcement mechanism for protection of a federal right, the burden to demonstrate that Congress had expressly withdrawn such a remedy being on the defendant. Evelyn V. v. Kings County Hosp. Ctr., 819 F. Supp. 183, 1993 U.S. Dist. LEXIS 4452 (E.D.N.Y. 1993).

Health care providers are entitled to sue under 42 USCS § 1983 to challenge adequacy of state’s reimbursement rates for medical services provided under medicaid program. Wilder v. Virginia Hosp. Ass'n, 496 U.S. 498, 110 S. Ct. 2510, 110 L. Ed. 2d 455, 1990 U.S. LEXIS 3143 (U.S. 1990).

§ 43-13-125. Recovery of Medicaid payments from third parties; compromise or settlement of claims; plaintiff’s recovery of medical expenses as special damages; disposition of funds received.

  1. If Medicaid is provided to a recipient under this article for injuries, disease or sickness caused under circumstances creating a cause of action in favor of the recipient against any person, firm, corporation, political subdivision or other state agency, then the division shall be entitled to recover the proceeds that may result from the exercise of any rights of recovery that the recipient may have against any such person, firm, corporation, political subdivision or other state agency, to the extent of the Division of Medicaid’s interest on behalf of the recipient.The recipient shall execute and deliver instruments and papers to do whatever is necessary to secure those rights and shall do nothing after Medicaid is provided to prejudice the subrogation rights of the division.Court orders or agreements for reimbursement of Medicaid’s interest shall direct those payments to the Division of Medicaid, which shall be authorized to endorse any and all, including, but not limited to, multipayee checks, drafts, money orders, or other negotiable instruments representing Medicaid payment recoveries that are received. In accordance with Section 43-13-305, endorsement of multipayee checks, drafts, money orders or other negotiable instruments by the Division of Medicaid shall be deemed endorsed by the recipient.All payments must be remitted to the division within sixty (60) days from the date of a settlement or the entry of a final judgment; failure to do so hereby authorizes the division to assert its rights under Sections 43-13-307 and 43-13-315, plus interest.

    The division, with the approval of the Governor, may compromise or settle any such claim and execute a release of any claim it has by virtue of this section at the division’s sole discretion.Nothing in this section shall be construed to require the Division of Medicaid to compromise any such claim.

  2. The acceptance of Medicaid under this article or the making of a claim under this article shall not affect the right of a recipient or his or her legal representative to recover Medicaid’s interest as an element of damages in any action at law; however, a copy of the pleadings shall be certified to the division at the time of the institution of suit, and proof of that notice shall be filed of record in that action. The division may, at any time before the trial on the facts, join in that action or may intervene in that action. Any amount recovered by a recipient or his or her legal representative shall be applied as follows:
    1. The reasonable costs of the collection, including attorney’s fees, as approved and allowed by the court in which that action is pending, or in case of settlement without suit, by the legal representative of the division;
    2. The amount of Medicaid’s interest on behalf of the recipient; or such amount as may be arrived at by the legal representative of the division and the recipient’s attorney; and
    3. Any excess shall be awarded to the recipient.
  3. No compromise of any claim by the recipient or his or her legal representative shall be binding upon or affect the rights of the division against the third party unless the division, with the approval of the Governor, has entered into the compromise in writing. The recipient or his or her legal representative maintain the absolute duty to notify the division of the institution of legal proceedings, and the third party and his or her insurer maintain the absolute duty to notify the division of a proposed compromise for which the division has an interest. The aforementioned absolute duties may not be delegated or assigned by contract or otherwise. Any compromise effected by the recipient or his or her legal representative with the third party in the absence of advance notification to and approved by the division shall constitute conclusive evidence of the liability of the third party, and the division, in litigating its claim against the third party, shall be required only to prove the amount and correctness of its claim relating to the injury, disease or sickness. If the recipient or his or her legal representative fails to notify the division of the institution of legal proceedings against a third party for which the division has a cause of action, the facts relating to negligence and the liability of the third party, if judgment is rendered for the recipient, shall constitute conclusive evidence of liability in a subsequent action maintained by the division and only the amount and correctness of the division’s claim relating to injuries, disease or sickness shall be tried before the court. The division shall be authorized in bringing that action against the third party and his or her insurer jointly or against the insurer alone.
  4. Nothing in this section shall be construed to diminish or otherwise restrict the subrogation rights of the Division of Medicaid against a third party for Medicaid provided by the Division of Medicaid to the recipient as a result of injuries, disease or sickness caused under circumstances creating a cause of action in favor of the recipient against such a third party.
  5. Any amounts recovered by the division under this section shall, by the division, be placed to the credit of the funds appropriated for benefits under this article proportionate to the amounts provided by the state and federal governments respectively.

HISTORY: Codes, 1942, § 7290-43; Laws, 1969, Ex Sess, ch. 37, § 13; Laws, 1979, ch. 326; Laws, 1984, ch. 488, § 52; Laws, 1993, ch. 609, § 6; Laws, 2000, ch. 301, § 11; Laws, 2004, ch. 593, § 5; Laws, 2014, ch. 488, § 4, eff from and after July 1, 2014.

Editor’s Notes —

Laws of 1984, ch. 488, § 341, provides as follows:

“SECTION 341. Nothing in this act shall affect or defeat any claim, assessment, appeal, suit, right or cause of action which accrued prior to the date on which the applicable sections of this act become effective, whether such assessments, appeals, suits, claims or actions shall have been begun before the date on which the applicable sections of this act become effective or shall thereafter be begun.”

Chapter 301 of Laws of 2000, was Senate Bill 2143, 1999 Regular Session, and originally passed both Houses of the Legislature on March 30, 1999. The Governor vetoed Senate Bill 2143 on April 23, 1999. The veto was overridden by the State Senate on February 16, 2000, and by the State House of Representatives on February 17, 2000.

Amendment Notes —

The 2004 amendment substituted “Medicaid” for “medical assistance” throughout; added gender neutral language; in (2), inserted “under this article” following “making of a claim”; deleted “special” preceding “damages”; and made minor stylistic changes.

The 2014 amendment, in the first paragraph of (1), substituted “firm, corporation, political subdivision or other state agency” for “firm or corporation” twice in the first sentence and added the last sentence; in the second paragraph of (1), added “at the division’s sole discretion” to the first sentence and added the second sentence; in (2)(b), deleted “pro rata” following “on behalf of the recipient; or such” near the beginning and “or as set by the court having jurisdiction” following “and the recipient’s attorney” near the end; in (3), inserted “in writing” to the end of the first sentence and inserted the second and third sentences.

Cross References —

Provision creating assignment rights in the Division of Medicaid upon its payment of medical expenses, see §43-13-305.

Provision that an applicant or recipient who refuses to cooperate with the Division with respect to a claim against a third party under this section shall be ineligible for Medicaid benefits, see §43-13-307.

Provisions relative to third party liability for medical payments and transmission of information regarding such liability to the Division of Medicaid, see Article 7 of this chapter (§§43-13-301 et seq).

JUDICIAL DECISIONS

1. In general.

Like Miss. Code Ann. §71-3-71, Miss. Code Ann. §43-13-125(2) unambiguously provides the method for distributing proceeds when an injured Medicaid recipient recovers from a third party. So like §71-3-71, the clear directive of §43-13-125(2) cannot be disregarded. Miss. Div. of Medicaid v. Pittman, 171 So.3d 583, 2015 Miss. App. LEXIS 363 (Miss. Ct. App.), cert. dismissed, — So.3d —, 2015 Miss. LEXIS 395 (Miss. 2015).

Chancellor erred in denying the subrogation rights of the Mississippi Division of Medicaid (Medicaid) where the made-whole rule only applied to an insurer’s contractual right to subrogation, Medicaid’s right to subrogation was statutory, Miss. Code Ann. §43-13-125, rather than contractual, and the made-whole rule did not apply to statutory subrogation rights. Miss. Div. of Medicaid v. Pittman, 171 So.3d 583, 2015 Miss. App. LEXIS 363 (Miss. Ct. App.), cert. dismissed, — So.3d —, 2015 Miss. LEXIS 395 (Miss. 2015).

Medicaid payments are subject to the collateral source rule; a defendant hospital did not get a break on damages when it caused permanent injuries to a poor person. Brandon HMA, Inc. v. Bradshaw, 809 So. 2d 611, 2001 Miss. LEXIS 258 (Miss. 2001).

Although Medicaid Commission is entitled to intervene in medical malpractice action to recover for payment of medical expenses, Commission is not entitled to participate in actual trial where defense counsel has offered to stipulate amount due Commission in event of recovery. Reikes v. Martin, 471 So. 2d 385, 1985 Miss. LEXIS 2101 (Miss. 1985).

Statute clearly gave Medicaid Commission the exclusive right to make claim for or bring suit for sums paid by it for recipient’s injuries in an auto accident, and the recipient could not recover those sums in her suit for damages. Adams v. Taylor, 325 So. 2d 912, 1976 Miss. LEXIS 1987 (Miss. 1976).

RESEARCH REFERENCES

Law Reviews.

1979 Mississippi Supreme Court Review: Torts. 50 Miss. L. J. 887, December 1979.

§ 43-13-126. Health insurers required to provide certain information to Division of Medicaid, accept Division’s right of recovery and not deny claims submitted by Division on the basis of certain errors as condition of doing business in Mississippi.

As a condition of doing business in the state, health insurers, including self-insured plans, group health plans (as defined in Section 607(1) of the Employee Retirement Income Security Act of 1974), service benefit plans, managed care organizations, pharmacy benefit managers, or other parties that are by statute, contract, or agreement, legally responsible for payment of a claim for a health care item or service, are required to:

Provide, with respect to individuals who are eligible for, or are provided, medical assistance under the state plan, upon the request of the Division of Medicaid, information to determine during what period the individual or their spouses or their dependents may be (or may have been) covered by a health insurer and the nature of the coverage that is or was provided by the health insurer (including the name, address and identifying number of the plan) in a manner prescribed by the Secretary of the Department of Health and Human Services;

Accept the Division of Medicaid’s right of recovery and the assignment to the division of any right of an individual or other entity to payment from the party for an item or service for which payment has been made under the state plan;

Respond to any inquiry by the Division of Medicaid regarding a claim for payment for any health care item or service that is submitted not later than three (3) years after the date of the provision of that health care item or service; and

Agree not to deny a claim submitted by the Division of Medicaid solely on the basis of the date of submission of the claim, the type or format of the claim form, or a failure to present proper documentation at the point-of-sale that is the basis of the claim, if:

The claim is submitted by the division within the three-year period beginning on the date on which the item or service was furnished; and

Any action by the division to enforce its rights with respect to the claim is begun within six (6) years of the division’s submission of the claim.

HISTORY: Laws, 2007, ch. 553, § 3, eff from and after July 1, 2007.

Federal Aspects—

Section 607(1) of the Employee Retirement Income Security Act of 1974 is codified as 29 USCS § 1167(1).

§ 43-13-127. Reports and recommendations required of Division of Medicaid.

  1. Within sixty (60) days after the end of each fiscal year and at each regular session of the Legislature, the division shall make and publish a report to the Governor and to the Legislature, showing for the period of time covered the following:
    1. The total number of recipients;
    2. The total amount paid for medical assistance and care under this article;
    3. The total number of applications;
    4. The number of applications approved;
    5. The number of applications denied;
    6. The amount expended for administration of the provisions of this article;
    7. The amount of money received from the federal government, if any;
    8. The amount of money recovered by reason of collections from third persons by reason of assignment or subrogation, and the disposition of the same;
    9. The actions and activities of the division in detecting and investigating suspected or alleged fraudulent practices, violations and abuses of the program; and
    10. Any recommendations it may have as to expanding, enlarging, limiting or restricting the eligibility of persons covered by this article or services provided by this article, to make more effective the basic purposes of this article; to eliminate or curtail fraudulent practices and inequities in the plan or administration thereof; and to continue to participate in receiving federal funds for the furnishing of medical assistance under Title XIX of the Social Security Act or other federal law.
  2. In addition to the reports required by subsection (1) of this section, the division shall submit a report each month to the Chairmen of the Public Health and Welfare Committees of the Senate and the House of Representatives and to the Joint Legislative Budget Committee that contains the information specified in each paragraph of subsection (1) for the preceding month.

HISTORY: Codes, 1942, § 7290-44; Laws, 1969, Ex Sess, ch. 37, § 14; Laws, 1972, ch. 306, § 1; Laws, 1984, ch. 488, § 53; Laws, 1990, ch. 548, § 4; Laws, 2002, ch. 636B, § 4, eff from and after passage (approved Apr. 12, 2002.).

Editor’s Notes —

Chapter 636B of Laws of 2002, was Senate Bill 2189, 2002 Regular Session, and originally passed the House of Representatives and the Senate on April 2, 2002. The Governor vetoed Senate Bill 2189 on April 9, 2002. The veto was overridden by both the House of Representatives and the Senate on April 12, 2002.

Amendment Notes —

The 2002 amendment redesignated the former first paragraph as (1); and added (2).

Cross References —

Disclosure of records of disbursement and payment of welfare assistance, see §43-1-19.

Federal Aspects—

Title XIX of the Social Security Act, see 42 USCS §§ 1396 et seq.

§ 43-13-129. Misrepresentation by applicant for benefits or by provider of services; penalty.

Any person making application for benefits under this article for himself or for another person, and any provider of services, who knowingly makes a false statement or false representation or fails to disclose a material fact to obtain or increase any benefit or payment under this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars ($500.00) or imprisoned not to exceed one (1) year, or by both such fine and imprisonment. Each false statement or false representation or failure to disclose a material fact shall constitute a separate offense. This section shall not prohibit prosecution under any other criminal statutes of this state or the United States.

HISTORY: Codes, 1942, § 7290-45; Laws, 1969, Ex Sess, ch. 37, § 15, eff from and after passage (approved October 10, 1969).

Cross References —

Recovery of payments fraudulently obtained by a recipient or provider, see §43-13-121.

Medicaid Fraud Control Act, see §§43-13-201 et seq.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 43-13-131. Influencing recipient to elect particular provider or type of services for purpose of obtaining increase in benefits or payments; penalties.

Any person who shall, through intentional misrepresentation, fraud, deceit or unlawful design, either acting individually or in concert with others, influence any recipient to elect any particular provider of services, or any particular type of services, for the purposes and with the intent to obtain or increase any benefit or payment under this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment not exceeding one (1) year, or by both such fine and imprisonment. This section shall not prohibit prosecution under any other criminal statutes of this state or the United States.

HISTORY: Codes, 1942, § 7290-46; Laws, 1969, Ex Sess, ch. 37, § 16, eff from and after passage (approved October 10, 1969).

Cross References —

Medicaid Fraud Control Act, see §§43-13-201 et seq.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any misdemeanor violation, see §99-19-73.

§ 43-13-133. Intent as to use of federal matching funds.

It is the intent of the Legislature that all federal matching funds for medical assistance under Titles V, XVIII and XIX of the federal Social Security Act paid into any state health agency after October 10, 1969, shall be used exclusively to defray the cost of medical assistance expended under the terms of this article.

HISTORY: Codes, 1942, § 7290-47; Laws, 1969, Ex Sess, ch. 37, § 17, eff from and after passage (approved October 10, 1969).

Federal Aspects—

Titles V, XVIII and XIX of the federal Social Security Act, see 42 USCS §§ 701 et seq., 1395 et seq., and 1396 et seq, respectively.

§ 43-13-135. Repealed.

Repealed by Laws, 1994, ch. 649, § 14, eff from and after July 1, 1994.

[Codes, 1942, § 7290-48; Laws, 1969, Ex Sess, ch. 37, § 19; Laws, 1972, ch. 320, § 1; Laws, 1973, ch. 455, § 1; Laws, 1974, ch. 346; Laws, 1975, ch. 339; Laws, 1976, ch. 436; Laws, 1977, ch. 383; Laws, 1979, ch. 495, § 3; Laws, 1980, ch. 306; Laws, 1980, ch. 402; Laws, 1981, ch. 301, § 1; Laws, 1981, ch. 326, § 1; Laws, 1983, 2nd Ex Sess, ch. 9; Laws, 1984, ch. 372; Laws, 1988, ch. 306, § 1; Laws, 1989, ch. 527, § 7; Laws, 1990, ch. 390, § 1; Laws, 1991, ch. 612, § 4; Laws, 1992, ch. 487, § 3]

Editor’s Notes —

Former §43-13-135 was entitled: Condition upon which this article shall stand repealed.

§ 43-13-137. Division to comply with Administrative Procedure Law.

The division is an agency as defined under Section 25-43-3 and, therefore, must comply in all respects with the Administrative Procedures Law, Section 25-43-1 et seq.

HISTORY: Codes, 1942, § 7290-50; Laws, 1969, Ex Sess, ch. 37, § 21; Laws, 1981, ch. 451, § 2; Laws, 2000, ch. 301, § 12, eff from and after July 1, 1999.

Editor’s Notes —

Section 25-43-1.101(3) provides that any reference to Section 25-43-1 et seq., referred to in this section, shall be deemed to mean and refer to Section 25-43-1.101 et seq.

Chapter 301 of Laws of 2000, was Senate Bill 2143, 1999 Regular Session, and originally passed both Houses of the Legislature on March 30, 1999. The Governor vetoed Senate Bill 2143 on April 23, 1999. The veto was overridden by the State Senate on February 16, 2000, and by the State House of Representatives on February 17, 2000.

Cross References —

Administrative Procedures Law, see §§25-43-1.101 et seq.

OPINIONS OF THE ATTORNEY GENERAL

The Division of Medicaid is required to follow the Administrative Procedures Law when it enacts a rule which has the effect of restricting, suspending, limiting or terminating benefits to a beneficiary. Gordon, Mar. 18, 2005, A.G. Op. 05-0068.

§ 43-13-139. Governor authorized to discontinue or limit medical assistance to optional groups; division to cease state funding upon discontinuance of federal funding.

Nothing contained in this article shall be construed to prevent the Governor, in his discretion, from discontinuing or limiting medical assistance to any individuals who are classified or deemed to be within any optional group or optional category of recipients as prescribed under Title XIX of the federal Social Security Act or the implementing federal regulations. If the Congress or the United States Department of Health and Human Services ceases to provide federal matching funds for any group or category of recipients or any type of care and services, the division shall cease state funding for such group or category or such type of care and services, notwithstanding any provision of this article.

HISTORY: Laws, 1994, ch. 649, § 6, eff from and after July 1, 1994.

Editor’s Notes —

A former §43-13-139 [Laws, 1982, ch. 483, § 2; Laws of 1984, ch. 488, § 54], repealed by Laws of 1993, ch. 609, § 8, effective from and after passage (approved April 20, 1993), authorized the Governor to discontinue or limit medical assistance to optional groups of recipients, and directed that the division cease state funding for groups if federal funding ceased for that group.

Federal Aspects—

Title XIX of the federal Social Security Act, see 42 USCS §§ 1396 et seq.

§ 43-13-141. Repealed.

Repealed by Laws, 2004 ch. 593, § 8.

[Laws, 1991, ch. 612, § 1; Laws, 1992, ch. 487, § 4, eff from and after passage (approved May 8, 1992).]

Editor’s Notes —

Former §43-13-141 was entitled: “Assessment upon certain Medicaid reimbursement payments.”

§ 43-13-143. Medical Care Fund.

There is created in the State Treasury a special fund to be known as the “Medical Care Fund,” which shall be comprised of monies transferred by public or private health care providers, governing bodies of counties, municipalities, public or community hospitals and other political subdivisions of the state, individuals, corporations, associations and any other entities for the purpose of providing health care services. Any transfer made to the fund shall be paid to the State Treasurer for deposit into the fund, and all such transfers shall be considered as unconditional transfers to the fund. The monies in the Medical Care Fund shall be expended only for health care services, and may be expended only upon appropriation of the Legislature. All transfers of monies to the Division of Medicaid by health care providers and by governing bodies of counties, municipalities, public or community hospitals and other political subdivisions of the state shall be deposited into the fund. Unexpended monies remaining in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest earned on monies in the fund shall be deposited to the credit of the fund.

HISTORY: Laws, 1991, ch. 612, § 2; Laws, 1992, ch. 487, § 5, eff from and after passage (approved May 8, 1992).

Cross References —

Deposit of assessments levied on nursing and intermediate care facilities in the Medical Care Fund, see §43-13-145.

§ 43-13-145. Assessment levied upon health care facilities; keeping of records; collection of assessments; effect of delinquency in payment [Subsections (4) and (10) through (15) repealed effective July 1, 2024].

    1. Upon each nursing facility licensed by the State of Mississippi, there is levied an assessment in an amount set by the division, equal to the maximum rate allowed by federal law or regulation, for each licensed and occupied bed of the facility.
    2. A nursing facility is exempt from the assessment levied under this subsection if the facility is operated under the direction and control of:
      1. The United States Veterans Administration or other agency or department of the United States government;
      2. The State Veterans Affairs Board; or
      3. The University of Mississippi Medical Center.
    1. Upon each intermediate care facility for individuals with intellectual disabilities licensed by the State of Mississippi, there is levied an assessment in an amount set by the division, equal to the maximum rate allowed by federal law or regulation, for each licensed and occupied bed of the facility.
    2. An intermediate care facility for individuals with intellectual disabilities is exempt from the assessment levied under this subsection if the facility is operated under the direction and control of:
      1. The United States Veterans Administration or other agency or department of the United States government;
      2. The State Veterans Affairs Board; or
      3. The University of Mississippi Medical Center.
    1. Upon each psychiatric residential treatment facility licensed by the State of Mississippi, there is levied an assessment in an amount set by the division, equal to the maximum rate allowed by federal law or regulation, for each licensed and occupied bed of the facility.
    2. A psychiatric residential treatment facility is exempt from the assessment levied under this subsection if the facility is operated under the direction and control of:
      1. The United States Veterans Administration or other agency or department of the United States government;
      2. The University of Mississippi Medical Center; or
      3. A state agency or a state facility that either provides its own state match through intergovernmental transfer or certification of funds to the division.
  1. Hospital assessment.
      1. Subject to and upon fulfillment of the requirements and conditions of paragraph (f) below, and notwithstanding any other provisions of this section, effective for state fiscal years 2016 through fiscal year 2021, an annual assessment on each hospital licensed in the state is imposed on each non-Medicare hospital inpatient day as defined below at a rate that is determined by dividing the sum prescribed in this subparagraph (i), plus the nonfederal share necessary to maximize the Disproportionate Share Hospital (DSH) and Medicare Upper Payment Limits (UPL) Program payments and hospital access payments and such other supplemental payments as may be developed pursuant to Section 43-13-117(A)(18), by the total number of non-Medicare hospital inpatient days as defined below for all licensed Mississippi hospitals, except as provided in paragraph (d) below. If the state matching funds percentage for the Mississippi Medicaid program is sixteen percent (16%) or less, the sum used in the formula under this subparagraph (i) shall be Seventy-four Million Dollars ($74,000,000.00). If the state matching funds percentage for the Mississippi Medicaid program is twenty-four percent (24%) or higher, the sum used in the formula under this subparagraph (i) shall be One Hundred Four Million Dollars ($104,000,000.00). If the state matching funds percentage for the Mississippi Medicaid program is between sixteen percent (16%) and twenty-four percent (24%), the sum used in the formula under this subparagraph (i) shall be a pro rata amount determined as follows: the current state matching funds percentage rate minus sixteen percent (16%) divided by eight percent (8%) multiplied by Thirty Million Dollars ($30,000,000.00) and add that amount to Seventy-four Million Dollars ($74,000,000.00). However, no assessment in a quarter under this subparagraph (i) may exceed the assessment in the previous quarter by more than Three Million Seven Hundred Fifty Thousand Dollars ($3,750,000.00) (which would be Fifteen Million Dollars ($15,000,000.00) on an annualized basis). The division shall publish the state matching funds percentage rate applicable to the Mississippi Medicaid program on the tenth day of the first month of each quarter and the assessment determined under the formula prescribed above shall be applicable in the quarter following any adjustment in that state matching funds percentage rate. The division shall notify each hospital licensed in the state as to any projected increases or decreases in the assessment determined under this subparagraph (i). However, if the Centers for Medicare and Medicaid Services (CMS) does not approve the provision in Section 43-13-117(39) requiring the division to reimburse crossover claims for inpatient hospital services and crossover claims covered under Medicare Part B for dually eligible beneficiaries in the same manner that was in effect on January 1, 2008, the sum that otherwise would have been used in the formula under this subparagraph (i) shall be reduced by Seven Million Dollars ($7,000,000.00).
      2. In addition to the assessment provided under subparagraph (i), effective for state fiscal years 2016 through fiscal year 2021, an additional annual assessment on each hospital licensed in the state is imposed on each non-Medicare hospital inpatient day as defined below at a rate that is determined by dividing twenty-five percent (25%) of any provider reductions in the Medicaid program as authorized in Section 43-13-117(F) for that fiscal year up to the following maximum amount, plus the nonfederal share necessary to maximize the Disproportionate Share Hospital (DSH) and inpatient Medicare Upper Payment Limits (UPL) Program payments and inpatient hospital access payments, by the total number of non-Medicare hospital inpatient days as defined below for all licensed Mississippi hospitals: in fiscal year 2010, the maximum amount shall be Twenty-four Million Dollars ($24,000,000.00); in fiscal year 2011, the maximum amount shall be Thirty-two Million Dollars ($32,000,000.00); and in fiscal year 2012 and thereafter, the maximum amount shall be Forty Million Dollars ($40,000,000.00). Any such deficit in the Medicaid program shall be reviewed by the PEER Committee as provided in Section 43-13-117(F).
      3. In addition to the assessments provided in subparagraphs (i) and (ii), effective for state fiscal years 2016 through fiscal year 2021, an additional annual assessment on each hospital licensed in the state is imposed pursuant to the provisions of Section 43-13-117(F) if the cost containment measures described therein have been implemented and there are insufficient funds in the Health Care Trust Fund to reconcile any remaining deficit in any fiscal year. If the Governor institutes any other additional cost containment measures on any program or programs authorized under the Medicaid program pursuant to Section 43-13-117(F), hospitals shall be responsible for twenty-five percent (25%) of any such additional imposed provider cuts, which shall be in the form of an additional assessment not to exceed the twenty-five percent (25%) of provider expenditure reductions. Such additional assessment shall be imposed on each non-Medicare hospital inpatient day in the same manner as assessments are imposed under subparagraphs (i) and (ii).
    1. Payment and definitions.
      1. The hospital assessment as described in this subsection (4) shall be assessed and collected monthly no later than the fifteenth calendar day of each month; provided, however, that the first three (3) monthly payments shall be assessed but not be collected until collection is satisfied for the third monthly (September) payment and the second three (3) monthly payments shall be assessed but not be collected until collection is satisfied for the sixth monthly (December) payment and provided that the portion of the assessment related to the DSH payments shall be paid in three (3) one-third (1/3) installments due no later than the fifteenth calendar day of the payment month of the DSH payments required by Section 43-13-117(A)(18), which shall be paid during the second, third and fourth quarters of the state fiscal year, and provided that the assessment related to any UPL payment(s) shall be paid no later than the fifteenth calendar day of the payment month of the UPL payment(s) and provided assessments related to hospital access payments will be collected beginning the initial month that the division funds MHAP.
      2. Definitions. For purposes of this subsection (4):

      1. “Non-Medicare hospital inpatient day” means total hospital inpatient days including subcomponent days less Medicare inpatient days including subcomponent days from the hospital’s most recent Medicare cost report for the second calendar year preceding the beginning of the state fiscal year, on file with CMS per the CMS HCRIS database, or cost report submitted to the Division if the HCRIS database is not available to the division, as of June 1 of each year.

      a. Total hospital inpatient days shall be the sum of Worksheet S-3, Part 1, column 8 row 14, column 8 row 16, and column 8 row 17, excluding column 8 rows 5 and 6.

      b. Hospital Medicare inpatient days shall be the sum of Worksheet S-3, Part 1, column 6 row 14, column 6 row 16.00, and column 6 row 17, excluding column 6 rows 5 and 6.

      c. Inpatient days shall not include residential treatment or long-term care days.

      2. “Subcomponent inpatient day” means the number of days of care charged to a beneficiary for inpatient hospital rehabilitation and psychiatric care services in units of full days. A day begins at midnight and ends twenty-four (24) hours later. A part of a day, including the day of admission and day on which a patient returns from leave of absence, counts as a full day. However, the day of discharge, death, or a day on which a patient begins a leave of absence is not counted as a day unless discharge or death occur on the day of admission. If admission and discharge or death occur on the same day, the day is considered a day of admission and counts as one (1) subcomponent inpatient day.

    2. The assessment provided in this subsection is intended to satisfy and not be in addition to the assessment and intergovernmental transfers provided in Section 43-13-117(A)(18). Nothing in this section shall be construed to authorize any state agency, division or department, or county, municipality or other local governmental unit to license for revenue, levy or impose any other tax, fee or assessment upon hospitals in this state not authorized by a specific statute.
    3. Hospitals operated by the United States Department of Veterans Affairs and state-operated facilities that provide only inpatient and outpatient psychiatric services shall not be subject to the hospital assessment provided in this subsection.
    4. Multihospital systems, closure, merger, change of ownership and new hospitals.
      1. If a hospital conducts, operates or maintains more than one (1) hospital licensed by the State Department of Health, the provider shall pay the hospital assessment for each hospital separately.
      2. Notwithstanding any other provision in this section, if a hospital subject to this assessment operates or conducts business only for a portion of a fiscal year, the assessment for the state fiscal year shall be adjusted by multiplying the assessment by a fraction, the numerator of which is the number of days in the year during which the hospital operates, and the denominator of which is three hundred sixty-five (365). Immediately upon ceasing to operate, the hospital shall pay the assessment for the year as so adjusted (to the extent not previously paid).
      3. The division shall determine the tax for new hospitals and hospitals that undergo a change of ownership in accordance with this section, using the best available information, as determined by the division.
    5. Applicability.

      The hospital assessment imposed by this subsection shall not take effect and/or shall cease to be imposed if:

      1. The assessment is determined to be an impermissible tax under Title XIX of the Social Security Act; or
      2. CMS revokes its approval of the division’s 2009 Medicaid State Plan Amendment for the methodology for DSH payments to hospitals under Section 43-13-117(A)(18).

      This subsection(4) is repealed on July 1, 2024.

  2. Each health care facility that is subject to the provisions of this section shall keep and preserve such suitable books and records as may be necessary to determine the amount of assessment for which it is liable under this section. The books and records shall be kept and preserved for a period of not less than five (5) years, during which time those books and records shall be open for examination during business hours by the division, the Department of Revenue, the Office of the Attorney General and the State Department of Health.
  3. Except as provided in subsection (4) of this section, the assessment levied under this section shall be collected by the division each month.
  4. All assessments collected under this section shall be deposited in the Medical Care Fund created by Section 43-13-143.
  5. The assessment levied under this section shall be in addition to any other assessments, taxes or fees levied by law, and the assessment shall constitute a debt due the State of Mississippi from the time the assessment is due until it is paid.
    1. If a health care facility that is liable for payment of an assessment levied by the division does not pay the assessment when it is due, the division shall give written notice to the health care facility by certified or registered mail demanding payment of the assessment within ten (10) days from the date of delivery of the notice. If the health care facility fails or refuses to pay the assessment after receiving the notice and demand from the division, the division shall withhold from any Medicaid reimbursement payments that are due to the health care facility the amount of the unpaid assessment and a penalty of ten percent (10%) of the amount of the assessment, plus the legal rate of interest until the assessment is paid in full. If the health care facility does not participate in the Medicaid program, the division shall turn over to the Office of the Attorney General the collection of the unpaid assessment by civil action. In any such civil action, the Office of the Attorney General shall collect the amount of the unpaid assessment and a penalty of ten percent (10%) of the amount of the assessment, plus the legal rate of interest until the assessment is paid in full.
    2. As an additional or alternative method for collecting unpaid assessments levied by the division, if a health care facility fails or refuses to pay the assessment after receiving notice and demand from the division, the division may file a notice of a tax lien with the chancery clerk of the county in which the health care facility is located, for the amount of the unpaid assessment and a penalty of ten percent (10%) of the amount of the assessment, plus the legal rate of interest until the assessment is paid in full. Immediately upon receipt of notice of the tax lien for the assessment, the chancery clerk shall forward the notice to the circuit clerk who shall enter the notice of the tax lien as a judgment upon the judgment roll and show in the appropriate columns the name of the health care facility as judgment debtor, the name of the division as judgment creditor, the amount of the unpaid assessment, and the date and time of enrollment. The judgment shall be valid as against mortgagees, pledgees, entrusters, purchasers, judgment creditors and other persons from the time of filing with the clerk. The amount of the judgment shall be a debt due the State of Mississippi and remain a lien upon the tangible property of the health care facility until the judgment is satisfied. The judgment shall be the equivalent of any enrolled judgment of a court of record and shall serve as authority for the issuance of writs of execution, writs of attachment or other remedial writs.
    1. To further the provisions of Section 43-13-117(A)(18), the Division of Medicaid shall submitto the Centers for Medicare and Medicaid Services (CMS) any documents regarding the hospital assessment established under subsection (4) of this section.In addition to defining the assessment established in subsection (4) of this section if necessary, the documentsshall describe any supplement payment programs and/or payment methodologies as authorized in Section 43-13-117(A)(18) if necessary.
    2. All hospitals satisfying the minimum federal DSH eligibility requirements (Section 1923(d) of the Social Security Act) may, subject to OBRA 1993 payment limitations, receive a DSH payments. This DSH payment shall expend the balance of the federal DSH allotment and associated state share not utilized in DSH payments to state-owned institutions for treatment of mental diseases. The payment to each hospital shall be calculated by applying a uniform percentage to the uninsured costs of each eligible hospital, excluding state-owned institutions for treatment of mental diseases; however, that percentage for a state-owned teaching hospital located in Hinds County shall be multiplied by a factor of two (2).
  6. The division shall implement DSH and supplemental payment calculation methodologies that result in the maximization of available federal funds.
  7. The DSHpayments shall be paid on or before December 31, March 31, and June 30 of each fiscal year, in increments of one-third (1/3) of the total calculated DSH amounts. Supplemental payments developed pursuant to Section 43-13-117(A)(18) shall be paid monthly.
  8. The hospital assessment as described in subsection (4) above shall be assessed and collected monthly no later than the fifteenth calendar day of each month; provided, however, that the first three (3) monthly payments shall be assessed but not be collected until collection is satisfied for the third monthly (September) payment and the second three (3) monthly payments shall be assessed but not be collected until collection is satisfied for the sixth monthly (December) payment and provided that the portion of the assessment related to the DSH payments shall be paid in three (3) one-third (1/3) installments due no later than the fifteenth calendar day of the payment month of the DSH payments required by Section 43-13-117(A)(18), which shall be paid during the second, third and fourth quarters of the state fiscal year, and provided that the assessment related to any supplemental payment programs developed pursuant to Section 43-13-117(A)(18) shall be paid no later than the fifteenth calendar day of the payment month of the payment(s).
  9. If for any reason any part of the plan for annual DSH and supplemental payment programs to hospitals provided under subsection (10) of this section and/or developed pursuant to Section 43-13-117(A)(18) is not approved by CMS, the remainder of the plan shall remain in full force and effect.
  10. Nothing in this section shall prevent the Division of Medicaid from facilitating participation in Medicaid supplemental hospital payment programs by a hospital located in a county contiguous to the State of Mississippi that is also authorized by federal law to submit intergovernmental transfers (IGTs) to the State of Mississippi to fund the state share of the hospital’s supplemental and/or MHAP payments.
  11. Subsections (10) through (15) of this section shall stand repealed on July 1, 2024.

HISTORY: Laws, 1992, ch. 487, § 7; Laws, 2002, ch. 636B, § 5; Laws, 2003, ch. 543, § 6; Laws, 2004, ch. 593, § 6; Laws, 2005, ch. 470, § 3; brought forward without change, Laws, 2008, ch. 360, § 3; Laws, 2009, 2nd Ex Sess, ch. 118, § 3; Laws, 2012, ch. 530, § 4; Laws, 2013, 2nd Ex Sess, ch. 1, § 4; Laws, 2014, ch. 488, § 5; Laws, 2015, ch. 483, § 2, eff from and after passage (approved Apr. 22, 2015); Laws, 2018, ch. 310, § 1, eff from and after July 1, 2018; Laws, 2018, ch. 440, § 2, eff from and after July 1, 2018.

Joint Legislative Committee Note —

Section 1 of Chapter 310, Laws of 2018, effective from and after July 1, 2018 (approved March 5, 2018), amended this section. Section 2 of Chapter 440, Laws of 2018, effective from and after July 1, 2018 (approved March 5, 2018), also amended this section. As set out above, this section reflects the language of Section 2 of Chapter 440, Laws of 2018, which contains language that specifically provides that it supersedes §43-13-145 as amended by Chapter 310, Laws of 2018.

Editor's Notes —

Chapter 118 of the Second Extraordinary Session of 2009 was effective on July 1, 2009, but the amendments to this section were contingent upon the effectuation of the hospital assessment provided for in subsection (4) of this section. Subsection (4)(f) of this section [in the first version of the section as it appeared in Laws of 2009, 2nd Ex Session, Ch. 118, § 3] provides that the hospital assessment will not take effect if the Centers for Medicare and Medicaid Services (CMS) does not approve the Division of Medicaid's 2009 Medicaid State Plan Amendment for its methodology for Disproportionate Share Hospital (DSH) and inpatient Medicare Upper Payment Limits (UPL) payments to hospitals. CMS approved the State Plan Amendment on March 9, 2010, and the hospital assessment then became effective, so the amendments to this section by Chapter 118 of the Second Extraordinary Session of 2009 became effective on March 9, 2010.

Chapter 636B of Laws of 2002, was Senate Bill 2189, 2002 Regular Session, and originally passed the House of Representatives and the Senate on April 2, 2002. The Governor vetoed Senate Bill 2189 on April 9, 2002. The veto was overridden by both the House of Representatives and the Senate on April 12, 2002.

The reference to “ Section 43-13-117(39)” in the last sentence of (4)(a)(i) should be to “ Section 43-13-117(A)(39).”

Laws of 2012, ch. 530, § 5, provides:

“SECTION 5. (1) The Division of Medicaid shall develop proposals for the following:

“(a) The division shall develop a plan for the APR-DRG reimbursement methodology which increases such payments in order to reduce or eliminate Medicare Upper Payment Limits (UPL) program payments;

“(b) The division shall develop a plan to replace the existing hospital assessment provided in Section 43-13-145 with other possible revenue systems, including the possibility of a net inpatient revenue assessment;

“(c) The division shall develop a plan providing revisions to the current reimbursement methodology for prescription drugs.

“(d) The division shall develop a plan providing revisions to the current reimbursement methodology for nursing facility services.

“(2) The division shall not implement these plans, but shall submit the plans to the Public Health and Welfare Committee of the Senate and the Medicaid Committee of the House no later than October 15, 2012, including necessary legislative recommendations.”

Amendment Notes —

The 2002 amendment rewrote the section.

The 2003 amendment substituted “Four Dollars ($4.00)” for “Three Dollars ($3.00)” in (1)(a).

The 2004 amendment in (1)(a), substituted, “Six Dollars ($6.00)” for “Four Dollars ($4.00)” and deleted the former last sentence which read:“The division may apply for a waiver from the United States Secretary of Health and Human Services to exempt nonprofit, public, charitable or religious facilities from the assessment levied under this subsection, and if a waiver is granted, those facilities shall be exempt from any assessment levied under this subsection after the date that the division receives notice that the waiver has been granted”; and substituted, “Six Dollars ($6.00)” for “Three Dollars ($3.00)” in (2)(a).

The 2005 amendment rewrote the section to increase the amount of the assessment levied on beds in nursing facilities, intermediate care facilities for the mentally retarded, psychiatric residential treatment facilities, and hospitals and to delete the exemption from the assessment for intermediate care facilities for the mentally retarded operated by state agencies.

The 2008 amendment brought the section forward without change.

The 2009 Extraordinary Session amendment provided for two versions of this section; in the version effective if the hospital assessment provided in the amendment to subsection (4) of this section is approved by the Centers for Medicare and Medicaid Services, substituted “equal to the maximum” for “not exceeding the maximum” in (1)(a), (2)(a) and (3)(a), deleted former (1)(b)(iv), which provided: “A state agency or a state facility that either provides its own state match through intergovernmental transfer or certification of funds to the division,” rewrote (4), substituted “five (5) years, during which time” for “five (5) years, and” in (5), added “Except as provided in subsection (4) of this section” at the beginning of (6), in (9)(b), substituted “chancery clerk” for “circuit clerk” the first two times it appears and inserted “forward the notice to the circuit clerk who shall,” and added (10) through (17); and in the version effective if the hospital assessment provided in the amendment to subsection (4) does not take effect or ceases to be imposed, made a minor stylistic change.

The 2012 amendment substituted “year 2013” for “years 2010, 2011 and 2012” in the first sentence of (4)(a)(i) through (iii); rewrote (4)(b)(ii)(1) and (4)(f)(ii); substituted “this section” for “Chapter 118, Laws of 2009, second Extraordinary Session” in (4)(c); substituted “2013” for “2012” at the end of the last paragraph of (4) and (17); substituted “Department of Revenue” for “State Tax Commission” in the last sentence of (5); rewrote (10); deleted former (15), which read “Hospitals shall receive the Medicare published market basket inflationary index payment increase annually”; and added (16).

The 2013 amendment, in the first sentence in (4)(a)(i), (ii), and (iii), inserted “and fiscal year 2014”; substituted “July 1, 2014” for “July 1, 2013” at the end of (4) and (17); and inserted “and fiscal year 2014” in (10)(c) and (10)(f).

The 2014 amendment, in (2)(a) and (2)(b), substituted “individuals with intellectual disabilities” for “the mentally retarded”; in (4)(a)(i) and (4)(a)(ii), inserted “fiscal year 2015 and fiscal year 2016” following “fiscal year 2014” and substituted a comma for “and” near the beginning of the first sentence; in (4)(a)(iii), substituted “2015” for “2013” and “2016” for “2014” near the beginning of the first sentence; in (4)(b)(ii)1., substituted “2013” for “2010” near the end; in the last undesignated paragraph of (4)(f)(ii) and in (17), extended the repealer provision from “July 1, 2014” to “July 1, 2016”; deleted (10)(d) and (10)(e) and redesignated the remaining subsections accordingly; in (10)(a), deleted “general acute care” following “and nonstate government operated” and substituted “2013” for “2012” near the end; in (10)(b), substituted “2013” for “2007”; in (10)(c) and present (10)(d), substituted “2015” for “2013”, “2016” for “2014”, and “2013” for “2010”; and in present (10)(d), deleted “other than freestanding psychiatric hospitals” following “licensed within the class of private hospitals.”

The 2015 amendment, in the first sentence of (4)(a)(i), substituted “2016, fiscal year 2017 and fiscal year 2018” for “2013, fiscal year 2014, fiscal year 2015,” and inserted “and inpatient hospital access payments” near the end; substituted “2016, fiscal year 2017 and fiscal year 2018” for “2013, fiscal year 2014, fiscal year 2015 and fiscal year 2016” in (4)(a)(ii); in (4)(a)(iii), substituted “2016, fiscal year 2017 and fiscal year 2018” for “2015 and fiscal year 2016”; rewrote (4)(b)(i), which read: “Payment. Upon approval of the State Plan Amendment for the division's DSH and inpatient UPL payment methodology by CMS, the assessment shall be paid in three (3) installments due no later than ten (10) days before the payment of the DSH and UPL payments required by Section 43-13-117(A)(18), which shall be paid during the second, third and fourth quarters of the state fiscal year”; in (4)(b)(ii)1.a., substituted all references to “column 8” for all references to “column 6,” and substituted references to row numbers as follows: “14” for “12,” “16” for “14.00,” “17” for “14.01,” and “5 and 6” for “3 and 4”; in (4)(b)(ii)1.b., substituted all references to “column 6” for all references to “column 4,” and substituted references to row numbers as follows: “14” for “12,” “16.00” for “14.00,” “17” for “14.01,” and “5 and 6” for “3 and 4”; deleted “and inpatient UPL” preceding “payments to hospitals under Section 43-13-117(A)(18)” in (4)(f)(ii); substituted “July 1, 2018” for “July 1, 2016” in the last paragraph of (4)(b)(ii); rewrote (11), which read: “The hospital assessment provided in subsection (4) of this section shall not be in effect or implemented until the SPA is approved by CMS”; rewrote (14), which read: “The hospital assessment as described in subsection (4) above shall be assessed and collected quarterly a maximum of ten (10) days before making the DSH and inpatient UPL payments; provided, however, that the first quarterly payment shall be assessed but not be collected until collection is made for the second quarterly payment”; inserted “and/r MHAP” near the end of (16); and substituted “July 1, 2018” for “July 1, 2016” in (17).

The first 2018 amendment (ch. 310) inserted “Program” following “Medicare Upper Payment Limits (UPL)” everywhere it appears; substituted “years 2016 through fiscal year 2021” for “year 2016, 2017 and fiscal year 2018” everywhere it appears; in (4), substituted “this subsection (4) shall” for “subsection (4) above shall” in (b)(i), and extended the date of the repealer for subsection (4) by substituting “July 1, 2021” for “July 1, 2018” in the last paragraph; and extended the repeal date for subsections (10) through (16) by substituting “July 1, 2021” for “July 1, 2018” in (17).

The second 2018 amendment (ch. 440), in (4), in the first sentence of (a)(i), deleted “inpatient” preceding “Medicare Upper Payment Limits” and preceding “hospital access payments” and inserted “and such other supplemental payments … Section 43-13-117(a)(18),” in (b)(i), deleted “inpatient” preceding “UPL payment(s)” and preceding “hospital access payments,” in (b)(ii), rewrote 1., which read: “‘Non-Medicare hospital inpatient day’ means total hospital inpatient days including subcomponent days less Medicare inpatient days including subcomponent days from the hospital’s 2013 Medicare cost report on file with CMS,” in (e), inserted “change of ownership” in the first paragraph, and added (iii), and substituted “July 1, 2024” for “July 1, 2021” in the last paragraph; in (6), deleted “beginning on March 31, 2005” from the end; rewrote (10) by designating the former first paragraph of the subsection (a), deleting former (a) through (d), which provided additional annual UPL and DSH payments to certain privately owned and nonstate government operated hospitals, certain general acute care hospitals, and hospitals licensed within the class of certain private hospitals, and redesignating former (e) as (b), and in (b), substituting “may, subject to OBRA 1993” for “shall, subject to OBRA 1993,” substituting “receive a DSH payment” for “receive an additional DSH payment” and deleting “additional” preceding “DSH payment shall expend”; deleted former (11), which read: “The portion of the hospital assessment provided in subsection (4) of this section associated with the MHAP shall not be in effect or implemented until the approval by CMS for the MHAP is obtained” and redesignated the remaining subsections accordingly; in (11), substituted “supplemental payment calculation” for “UPL calculation”; in (12), deleted “and inpatient UPL” twice following “DSH” and added the last sentence; in (13), substituted “supplemental payment programs developed pursuant to Section 43-13-117(A)(18)” for “inpatient UPL payments” and deleted “and provided assessments related to MHAP will be collected beginning the initial month that the division funds MHAP” from the end; rewrote (14), which read: “If for any reason any part of the plan for additional annual DSH and inpatient UPL payments to hospitals provided under subsection (10) of this section is not approved by CMS, the remainder of the plan shall remain in full force and effect”; and in (16), extended the date of the repealer for (10) through (15) by substituting “July 1, 2024” for “July 1, 2021.”

Cross References —

Title XIX of the Social Security Act, see 42 USCS §§ 1396 et seq. The Deficit Reduction Act of 2005, 109 P.L. 171, 120 Stat. 4, 2006 Enacted S. 1932, 109 Enacted S. 1932.

Federal Aspects—

Titles XVIII and XIX of the Social Security Act appear as 42 USCS §§ 1395 through 1395ccc and 42 USCS §§ 1396 through 1396v, respectively.

Additional reimbursement to hospitals serving disproportionate share of low income patients under Federal Social Security Act, see 42 USCS § 1395ww (d)(5)(C)(i).

Section 1886(d)(5)(F) of the Federal Social Security Act, see 42 USCS § 1395ww.

Section 1902 (a)(30) of the Social Security Act appears as 42 USCS § 1396a.

Section 1903 of the Social Security Act, see 42 USCS § 1396b.

Section 1923 of the Social Security Act, see 42 USCS § 1396r-4.

Individuals with Disabilities Education Act, see 20 USCS § 1400 et seq.

JUDICIAL DECISIONS

1. Distributions.

Chancellor properly affirmed the findings of the Division of Medicaid (DOM) that its methodology for the distribution of upper payment limit (UPL) and Disproportionate Share Hospital (DSH) funds to hospitals comported with state law because DOM complied with the dictates of the statute, federal law, and its own State Plan, and it exhausted the maximum available DSH and UPL funds, per the directive of the Legislature; whether UPL or DSH had to be paid first was decided by the Legislature. Mem'l Hosp. at Gulfport v. Dzielak, 250 So.3d 397, 2018 Miss. LEXIS 313 (Miss. 2018).

§ 43-13-147. Mississippi Medicaid Program and Children’s Health Insurance Program to examine and improve hospital discharge and follow-up care procedures for certain premature infants and implement programs to improve newborn outcomes; reporting of data regarding rehospitalization of certain premature infants.

  1. The Mississippi Medicaid Program and the Children’s Health Insurance Program, in consultation with statewide organizations focused on premature infant healthcare, shall:
    1. Examine and improve hospital discharge and follow-up care procedures for premature infants born earlier than thirty-seven (37) weeks gestational age to ensure standardized and coordinated processes are followed as premature infants leave the hospital from either a Level 1 (well baby nursery), Level 2 (step down or transitional nursery) or Level 3 (neonatal intensive care unit) unit and transition to follow-up care by a health care provider in the community; and
    2. Use guidance from the Centers for Medicare and Medicaid Services’ Neonatal Outcomes Improvement Project to implement programs to improve newborn outcomes, reduce newborn health costs and establish ongoing quality improvement for newborns.
  2. Data regarding the incidence and cause of rehospitalization in the first six (6) months of life for infants born premature at earlier than thirty-seven (37) weeks gestational age shall be reported to the Chairman of the House Public Health and Human Services Committee and the Chairman of the Senate Public Health and Welfare Committee by the Mississippi State Department of Health utilizing the mandated hospital discharge data system authorized in Section 41-63-4.

HISTORY: Laws, 2009, ch. 553, § 3, eff from and after July 1, 2009.

Editor’s Notes —

Laws of 2009, ch. 553, §§ 1 and 2 provide:

“SECTION 1. It is the purpose of this act to:

“(a) Improve health care quality and outcomes for infants born preterm through enhanced hospital discharge, follow-up care and management processes and reduced rehospitalization; and

“(b) Reduce infant morbidity and mortality associated with prematurity.”

“SECTION 2. The Legislature makes the following findings:

“(a) According to the Institute for Medicine, although there has been significant attention focused on neonatal intensive care for extremely preterm infants, little attention has been given to the majority of late-preterm infants born at thirty-four (34) through thirty-six (36) weeks gestational age. Even though these late-preterm infants may appear larger in size, are still more vulnerable to complications and disabilities than full-term infants. All babies born premature, including late-preterm infants, are at risk for a host of health and developmental issues that can last into and sometimes beyond childhood.

“(b) Premature births are rising in Mississippi: eighteen and eight-tenths percent (18.8%) of Mississippi births were preterm in 2005, and premature births increased twenty-two percent (22%) in Mississippi between 1995 and 2005.

“(c) In Mississippi, premature birth rates were highest in African Americans twenty-two and four-tenths percent (22.4%) followed by Whites fifteen percent (15%) and Hispanics thirteen and six-tenths percent (13.6%) in 2002-2004.

“(d) Mississippi Medicaid paid for fifty-five and eight-tenths percent (55.8%) of all births in 2002.

“(e) The direct employer health care cost for premature infants in their first year are fifteen (15) times greater than healthy full-term infants: Forty-one Thousand Six Hundred Ten Dollars ($41,610.00) versus Two Thousand Eight Hundred Thirty Dollars ($2,830.00).

“(f) There are no standardized procedures for hospital discharge and follow-up care of premature infants. As a result, babies born premature may leave the hospital after birth without adequate discharge and follow-up care plans in place to ensure they receive appropriate care to address their special health needs once they are home in their community.

“(g) Although there is growing evidence that late-preterm infants are at increased risk for morbidity and mortality compared to full-term infants, late-preterm infants may not be identified or managed any differently than full-term infants.

“(h) Without organized discharge care plans, premature babies are more likely to experience gaps in health care. These infants require diligent evaluation, monitoring, referral and early return appointments for both post-neonatal evaluation and also continued long-term follow-up care.

“(i) It is important to focus on the care and management of premature infants because the number of babies born premature at less than thirty-seven (37) weeks gestational age continues to grow in the United States with an increase of twenty percent (20%) since 1990 and nine percent (9%) since only 2000.

“(j) In 2005, twelve and seven-tenths (12.7%) of all births were premature at less than thirty-seven (37) weeks gestational age, or more than five hundred twenty-five thousand (525,000) infants.

“(k) The increase in premature birth rates in recent years is primarily associated with a rise in late-preterm births (thirty-four (34) through thirty-six (36) weeks gestational age), which has increased twenty-five percent (25%) since 1990 and account for seventy percent (70%) of all preterm births. Although multiple births have contributed to this rise, substantial increases in preterm birth rates, and especially late-preterm rates, have occurred because of singleton birth rates since 1990.

“( l ) Several studies have found that late-preterm infants have greater morbidity and mortality than full-term infants.

“(m) Late-preterm infants have a mortality rate that is three (3) times greater than full-term infants, with the highest risk occurring during the neonatal period.

“(n) Late-preterm babies have significant differences in clinical outcomes than full-term infants during the birth hospitalization, including greater risk for temperature instability, hypoglycemia, respiratory distress, and jaundice.

“(o) Late-preterm infants have higher rates of rehospitalization during their first full year of life compared to full-term infants.

“(p) The costs of premature births are significant: For the initial hospitalization after birth, the average length of stay for full-term infants was two and two-tenths (2.2) days and the average cost was Two Thousand Eighty-seven Dollars ($2,087.00), whereas late-preterm infants had a substantially longer average stay of eight and eight-tenths (8.8) days and cost of Twenty-six Thousand Fifty-four Dollars ($26,054.00). The average cost for late-preterm infants in their first year of life was Thirty-eight Thousand Three Hundred One Dollars ($38,301.00) versus Six Thousand One Hundred Fifty-six Dollars ($6,156.00) for full-term infants. Late-preterm infants had higher costs across every type of medical service category compared to full-term infants, including inpatient hospitalizations, well baby physician office visits, outpatient hospital services, home health care services and prescription drug use.

“(q) The most frequent causes of rehospitalization for late-preterm infants are RSV bronchiolitis, bronchiolitis (cause unspecified), pneumonia (cause unspecified), esophageal reflux and vascular implant complications.

“(r) Because all premature infants, and especially late-preterm infants born at thirty-four (34) through thirty-six (36) weeks gestational age, have higher risks for medical complications and rehospitalizations compared to full-term infants, stakeholders should examine and improve the discharge process, follow-up care and management of these infants to foster better health outcomes and lower risks for rehospitalizations and complications.”

§ 43-13-149. Repealed.

Repealed by its own terms, effective July 1, 2017.

§43-13-149. [Laws, 2015, ch. 473, § 4, eff from and after July 1, 2015.]

Editor’s Notes —

Former §43-13-149 provided for the bonding and the registration with the Division of Medicaid of medicaid planners.

Article 5. Medicaid Fraud Control Act.

§ 43-13-201. Short title.

This article shall be known and may be cited as the “Medicaid Fraud Control Act.”

HISTORY: Laws, 1984, ch. 503, § 1, eff from and after passage (approved May 15, 1984).

Cross References —

Insurance Integrity Enforcement Bureau jurisdiction, see §7-5-307.

Federal Aspects—

Medicaid generally, see 42 USCS §§ 1396 et seq.

RESEARCH REFERENCES

ALR.

Criminal prosecution or disciplinary action against medical practitioner for fraud in connection with claims under Medicaid, Medicare, or similar welfare program for providing medical services. 50 A.L.R.3d 549.

Practice References.

Health Care Administration Library (CD-ROM) (LexisNexis).

§ 43-13-203. Definitions.

As used in this article:

“Benefit” means the receipt of money, goods, services or anything of pecuniary value.

“False statement” or “false representation” means a statement or representation knowingly and wilfully made by a person knowing of the falsity of the statement or representation.

“Knowing” and “knowingly” means that a person is aware of the nature of his conduct and that such conduct is substantially certain to cause the intended result.

“Medicaid benefit” means a benefit paid or payable under the Medicaid program established under Section 43-13-101 et seq.

“Person” means an individual, corporation, unincorporated association, partnership or other form of business association.

HISTORY: Laws, 1984, ch. 503, § 2, eff from and after passage (approved May 15, 1984).

RESEARCH REFERENCES

ALR.

Criminal prosecution or disciplinary action against medical practitioner for fraud in connection with claims under Medicaid, Medicare, or similar welfare program for providing medical services. 50 A.L.R.3d 549.

§ 43-13-205. False representations or statements in application for Medicaid benefits; concealment or nondisclosure of facts.

  1. A person shall not knowingly make or cause to be made a false representation of a material fact in an application for Medicaid benefits.
  2. A person shall not knowingly make or cause to be made a false statement of a material fact for use in determining rights to a Medicaid benefit.
  3. A person, who having knowledge of the occurrence of an event affecting his initial or continued right to receive a Medicaid benefit, shall not conceal or fail to disclose that event with intent to obtain a medicaid benefit to which the person or any other person is not entitled or in an amount greater than that to which the person or any other person is entitled.

HISTORY: Laws, 1984, ch. 503, § 3, eff from and after passage (approved May 15, 1984).

Cross References —

Disbursement of Medicaid funds, see §43-13-113.

Persons entitled to received medical assistance, see §43-13-115.

Authority to determine medical assistance eligibility, see §43-13-116.

False statements or representations concerning conditions or operation of an institution or facility, see §43-13-209.

Evidence in prosecutions concerning false statements or representations, see §43-13-217.

Civil liability of health care provider for violations of Medicaid Fraud Control Act, see §43-13-225.

Fraud in connection with state or federally funded assistance program, see §97-19-71.

RESEARCH REFERENCES

ALR.

Criminal prosecution or disciplinary action against medical practitioner for fraud in connection with claims under medicaid, medicare, or similar welfare program for providing medical services. 50 A.L.R.3d 549.

§ 43-13-207. Kickbacks and bribes.

A person shall not solicit, offer or receive a kickback or bribe in the furnishing of goods or services for which payment is or may be made in whole or in part pursuant to the Medicaid program, or make or receive any such payment, or receive a rebate of a fee or charge for referring an individual to another person for the furnishing of such goods or services.

HISTORY: Laws, 1984, ch. 503, § 4, eff from and after passage (approved May 15, 1984).

Cross References —

Disbursement of Medicaid funds, see §43-13-113.

Persons entitled to received medical assistance, see §43-13-115.

Authority to determine medical assistance eligibility, see §43-13-116.

Civil liability of health care provider for violations of Medicaid Fraud Control Act, see §43-13-225.

Fraud in connection with state or federally funded assistance program, see §97-19-71.

RESEARCH REFERENCES

ALR.

Criminal prosecution or disciplinary action against medical practitioner for fraud in connection with claims under medicaid, medicare, or similar welfare program for providing medical services. 50 A.L.R.3d 549.

§ 43-13-209. False statements or false representations as to conditions or operation of institution or facility.

A person shall not knowingly and wilfully make, induce or seek to induce the making of a false statement or false representation of a material fact with respect to the conditions or operation of an institution or facility in order that the institution or facility may qualify, upon initial certification or upon recertification, to receive Medicaid benefits as a hospital, skilled nursing facility, intermediate care facility or home health agency.

HISTORY: Laws, 1984, ch. 503, § 5, eff from and after passage (approved May 15, 1984).

Cross References —

Disbursement of Medicaid funds, see §43-13-113.

Persons entitled to received medical assistance, see §43-13-115.

Authority to determine medical assistance eligibility, see §43-13-116.

False statements or representations in an application for medicaid benefits, see §43-13-205.

Evidence in prosecutions concerning false statements or representations, see §43-13-217.

Civil liability of health care provider for violations of Medicaid Fraud Control Act, see §43-13-225.

Fraud in connection with state or federally funded assistance program, see §97-19-71.

RESEARCH REFERENCES

ALR.

Criminal prosecution or disciplinary action against medical practitioner for fraud in connection with claims under medicaid, medicare, or similar welfare program for providing medical services. 50 A.L.R.3d 549.

§ 43-13-211. Conspiracy.

A person shall not enter into an agreement, combination or conspiracy to defraud the state by obtaining or aiding another to obtain the payment or allowance of a false, fictitious or fraudulent claim for Medicaid benefits.

HISTORY: Laws, 1984, ch. 503, § 6, eff from and after passage (approved May 15, 1984).

Cross References —

Disbursement of Medicaid funds, see §43-13-113.

Persons entitled to received medical assistance, see §43-13-115.

Authority to determine medical assistance eligibility, see §43-13-116.

False or fraudulent claim, see §43-13-213.

Civil liability of health care provider for violations of Medicaid Fraud Control Act, see §43-13-225.

Crime of conspiracy, see §97-1-1.

Fraud in connection with state or federally funded assistance program, see §97-19-71.

RESEARCH REFERENCES

ALR.

Criminal prosecution or disciplinary action against medical practitioner for fraud in connection with claims under medicaid, medicare, or similar welfare program for providing medical services. 50 A.L.R.3d 549.

§ 43-13-213. False or fraudulent claim.

A person shall not make, present or cause to be made or presented a claim for Medicaid benefits, knowing the claim to be false, fictitious or fraudulent.

HISTORY: Laws, 1984, ch. 503, § 7, eff from and after passage (approved May 15, 1984).

Cross References —

Disbursement of Medicaid funds, see §43-13-113.

Persons entitled to received medical assistance, see §43-13-115.

Authority to determine medical assistance eligibility, see §43-13-116.

Evidence in prosecutions concerning false statements or representations, see §43-13-217.

Civil liability of health care provider for violations of Medicaid Fraud Control Act, see §43-13-225.

Fraud in connection with state or federally funded assistance program, see §97-19-71.

JUDICIAL DECISIONS

1. Sufficient evidence.

2. Venue.

1. Sufficient evidence.

There was sufficient evidence presented to convict defendant of Medicaid fraud, even though a patient admitted that he had lied in the past about seeing medical providers, because the documentation provided by defendant falsely indicated that defendant had actually spoken to the providers; moreover, allowing the verdict to stand would not have sanctioned an unconscionable injustice. Woods v. State, 965 So. 2d 725, 2007 Miss. App. LEXIS 539 (Miss. Ct. App. 2007).

2. Venue.

Court of Appeals properly affirmed defendant’s conviction and sentence for Medicaid fraud because the statutory venue provisions were limited to civil cases, defendant’s trial was in the county “where the offense was committed,” as provided by the state constitution, and Medicaid fraud was exempt from the two-year statute of limitations inasmuch as it was a species of or within the definition of “obtaining money or property under false pretenses or by fraud.” Azomani v. State, 222 So.3d 282, 2017 Miss. LEXIS 220 (Miss. 2017).

RESEARCH REFERENCES

ALR.

Criminal prosecution or disciplinary action against medical practitioner for fraud in connection with claims under Medicaid, Medicare, or similar welfare program for providing medical services. 50 A.L.R.3d 549.

§ 43-13-215. Penalties.

A person who violates any provision of Sections 43-13-205 through 43-13-213 shall be guilty of a felony, and, upon conviction thereof, shall be punished by imprisonment for not more than five (5) years, or by a fine of not more than Fifty Thousand Dollars ($50,000.00), or both. Sentences imposed for convictions of separate offenses under this article may run consecutively.

HISTORY: Laws, 1984, ch. 503, § 8, eff from and after passage (approved May 15, 1984).

Cross References —

Civil liability of health care provider for violations of Medicaid Fraud Control Act, see §43-13-225.

Fraud in connection with state or federally funded assistance program, see §97-19-71.

Imposition of standard state assessment in addition to all court imposed fines or other penalties for any felony violation, see §99-19-73.

JUDICIAL DECISIONS

1. In general.

2. Sufficient evidence.

1. In general.

Court of Appeals properly affirmed defendant’s conviction and sentence for Medicaid fraud because the statutory venue provisions were limited to civil cases, defendant’s trial was in the county “where the offense was committed,” as provided by the state constitution, and Medicaid fraud was exempt from the two-year statute of limitations inasmuch as it was a species of or within the definition of “obtaining money or property under false pretenses or by fraud.” Azomani v. State, 222 So.3d 282, 2017 Miss. LEXIS 220 (Miss. 2017).

Treble civil penalty of $84,460.60 for Medicaid fraud, and imposition of prison sentence after defendant failed to pay penalty, did not constitute double jeopardy when considered with other punishment received when defendant pleaded guilty, such as a fine for actual amount of fraud and two-year probation; all punishment was imposed in a single proceeding, and punishment was within statutory authority. Jennings v. State, 700 So. 2d 1326, 1997 Miss. LEXIS 459 (Miss. 1997), overruled in part, Rowland v. State, 42 So.3d 503, 2010 Miss. LEXIS 386 (Miss. 2010).

2. Sufficient evidence.

Sufficient evidence supported defendant’s Medicaid fraud convictions because a jury could have found defendant had no reasonable basis to believe defendant filed proper Medicaid claims under a code carrying the highest level of reimbursement. Azomani v. State, 222 So.3d 343, 2016 Miss. App. LEXIS 510 (Miss. Ct. App. 2016), aff'd on other grounds, 222 So.3d 282, 2017 Miss. LEXIS 220 (Miss. 2017).

RESEARCH REFERENCES

ALR.

Criminal prosecution or disciplinary action against medical practitioner for fraud in connection with claims under Medicaid, Medicare, or similar welfare program for providing medical services. 50 A.L.R.3d 549.

§ 43-13-217. Evidentiary matters concerning false statements or representations.

In any prosecution under this article, it shall not be necessary to show that the person had knowledge of similar acts having been performed in the past on the part of persons acting on his behalf, nor to show that the person had actual notice that the acts by persons acting on his behalf occurred, in order to establish the fact that a false statement or representation was knowingly made.

HISTORY: Laws, 1984, ch. 503, § 9, eff from and after passage (approved May 15, 1984).

Cross References —

Fraud in connection with state or federally funded assistance program, see §97-19-71.

§ 43-13-219. Medicaid fraud control unit.

There is hereby created within the office of the attorney general a “Medicaid Fraud Control Unit.” The unit shall consist of a director appointed by the attorney general and such attorneys, auditors, investigator and other such personnel as are necessary to conduct the activities of the unit.

HISTORY: Laws, 1984, ch. 503, § 10, eff from and after passage (approved May 15, 1984).

Cross References —

Appointment of special counsel and investigators by the attorney general, see §7-5-7.

Requirement that any abuse or exploitation of a patient or resident of a care facility be reported to the medicaid fraud unit, see §43-47-37.

RESEARCH REFERENCES

Law Reviews.

Ray, Constitutional and statutory authority of the Attorney General to prosecute actions. 59 Miss. L. J. 165, Spring, 1989.

§ 43-13-221. Attorney General; investigation and prosecution; investigator status as law enforcement officer.

The Attorney General, acting through the Director of the Fraud Control Unit, may, in any case involving alleged violations of this article, conduct an investigation or prosecution. In conducting such actions, the Attorney General, acting through the director, shall have all the powers of a district attorney, including the powers to issue or cause to be issued subpoenas or other process.

Persons employed by the Attorney General as investigators in the Medicaid Fraud Control Unit shall serve as law enforcement officers as defined in Section 45-6-3, and they shall be empowered to make arrests and to serve and execute search warrants and other valid legal process anywhere within the State of Mississippi.

HISTORY: Laws, 1984, ch. 503, § 11; Laws, 1998, ch. 374, § 1, eff from and after July 1, 1998.

Cross References —

Authority of the Attorney General to prosecute suits, see §7-5-37.

§ 43-13-223. Jurisdiction; service of process.

  1. An action brought in connection with any matter under this article may be filed in the circuit court of the First Judicial District of Hinds County or in the circuit court of the county in which the defendant resides, and may be prosecuted to final judgment in satisfaction there.
  2. Process issued by a court in which an action is filed may be served anywhere in the state.

HISTORY: Laws, 1984, ch. 503, § 12, eff from and after passage (approved May 15, 1984).

Cross References —

Jurisdiction of circuit courts, generally, see §9-7-81.

JUDICIAL DECISIONS

1. Venue.

In a Medicaid fraud prosecution, defendant’s venue issue under Miss. Code Ann. §43-13-223(1) failed because (1) defendant waived the issue by not pursuing a trial venue motion, and (2) the statute only applied to civil actions under the Medicaid Fraud Control Act. Azomani v. State, 222 So.3d 343, 2016 Miss. App. LEXIS 510 (Miss. Ct. App. 2016), aff'd on other grounds, 222 So.3d 282, 2017 Miss. LEXIS 220 (Miss. 2017).

§ 43-13-225. Civil liability and penalty of health care provider.

  1. A health care provider or vendor committing any act or omission in violation of this article shall be directly liable to the state and shall forfeit and pay to the state a civil penalty equal to the full amount received, plus an additional civil penalty equal to triple the full amount received.
  2. A criminal action need not be brought against a person for that person to be civilly liable under this article.

HISTORY: Laws, 1984, ch. 503, § 13, eff from and after passage (approved May 15, 1984).

Cross References —

Criminal sanctions for violations of Medicaid Fraud Control Act, see §43-13-215.

JUDICIAL DECISIONS

1. In general.

2. Applicability.

1. In general.

Treble civil penalty of $84,460.60 for Medicaid fraud, and imposition of prison sentence after defendant failed to pay penalty, did not constitute double jeopardy when considered with other punishment received when defendant pleaded guilty, such as a fine for actual amount of fraud and two-year probation; all punishment was imposed in a single proceeding, and punishment was within statutory authority. Jennings v. State, 700 So. 2d 1326, 1997 Miss. LEXIS 459 (Miss. 1997), overruled in part, Rowland v. State, 42 So.3d 503, 2010 Miss. LEXIS 386 (Miss. 2010).

Daycare service owner who forged credentials in order to receive Medicaid provider number as a speech pathologist, then submitted false Medicaid claims for more than $28,000, was deemed a “health care provider” and thus subject to civil penalty equal to amount received plus an additional treble penalty, the same as if she had been properly licensed or credentialed by state. Jennings v. State, 700 So. 2d 1326, 1997 Miss. LEXIS 459 (Miss. 1997), overruled in part, Rowland v. State, 42 So.3d 503, 2010 Miss. LEXIS 386 (Miss. 2010).

2. Applicability.

When a pharmaceutical provider violated the Mississippi Consumer Protection Act (CPA) by reporting false drug prices to a third party knowing the State of Mississippi would rely on that information to calculate Medicaid reimbursements to pharmacies for those drugs, the State’s claim under the Medicaid Fraud Control Act was dismissed because (1) the statute’s civil liability provision did not provide for recovery beyond the amount a defendant improperly received, and (2) the provider received no payments directly from the State. Sandoz, Inc. v. State (In re Miss. Medicaid Pharm. Average Wholesale Price Litig.), 190 So.3d 829, 2015 Miss. LEXIS 545 (Miss. 2015).

RESEARCH REFERENCES

ALR.

Imposition of civil penalties, under state statute, upon medical practitioner for fraud in connection with claims under Medicaid, Medicare, or similar welfare programs for providing medical services. 32 A.L.R.4th 671.

§ 43-13-227. Injunction; appointment of receiver for residential health care facility.

  1. As a means of protecting the health, safety and welfare of patients in residential health care facilities, including hospitals and nursing homes, whenever there is probable cause that any acts or omissions in violation of this article have been committed by a person who is in control of assets purchased, in whole or in part, directly or indirectly, with funds from the Medicaid program and is likely to convert, destroy or remove those assets, the attorney general, acting through the director of the fraud control unit, shall be authorized to petition the chancery court of the county in which those assets may be found to enjoin the person in control of the assets from converting, destroying or removing those assets, and to appoint a receiver to manage those assets until the investigation and any litigation are completed.
  2. The chancery court shall, immediately upon receipt of the petition of the attorney general, acting through the director of the fraud control unit, enjoin the person in control of the assets from converting, destroying or removing those assets.
  3. The chancery court shall issue an order to show cause why a receiver should not be appointed, returnable within ten (10) days after filing of the petition.
  4. If the chancery court finds that the facts warrant the granting of the petition to appoint a receiver, the court shall appoint a receiver to take charge of the residential health care facility and any other assets involved. The court may determine fair compensation for the receiver.

HISTORY: Laws, 1984, ch. 503, § 14, eff from and after passage (approved May 15, 1984).

Cross References —

Jurisdiction of chancery court, generally, and power to punish for violation of injunction, see §§9-5-81 and9-5-87.

Appointment of receivers by chancery court, see §§11-5-151 et seq.

§ 43-13-229. Inspection and audit of health care provider records; cessation of reimbursement for failure to disclose.

  1. During any investigation under this article, the attorney general, acting through the director of the fraud control unit, shall have the right to audit and to inspect the records of any health care provider or vendor of Medicaid benefits.
  2. Reimbursement under the Medicaid program shall not be available for services furnished by a provider or vendor who is otherwise eligible for Medicaid benefits during any period when such provider or vendor has refused to provide the attorney general and the director of the fraud control unit such information as the unit may request in order to complete its investigation.
  3. Suspension of Medicaid reimbursement payments shall continue during all periods during which any part of any requested records are not produced, notwithstanding any administrative, legal or other proceedings which may be brought or maintained by such provider or vendor or by any other party to forestall, modify or prevent the request for records.
  4. As used in this section, “requested records” means those records required by the unit for investigative or prosecutorial purposes, and requested by subpoena, subpoena duces tecum, grand jury subpoena, administrative demand, search warrant, or other process, demand or written request.

HISTORY: Laws, 1984, ch. 503, § 15, eff from and after passage (approved May 15, 1984).

Cross References —

Duty to maintain records, see §43-13-118.

§ 43-13-231. Power of local authorities.

The powers of the attorney general, acting through the director of the fraud control unit, under this article shall not diminish the powers of local authorities to investigate and/or prosecute criminal conduct within their respective jurisdictions.

HISTORY: Laws, 1984, ch. 503, § 16, eff from and after passage (approved May 15, 1984).

§ 43-13-233. Existing law not affected.

Nothing in this article shall in any way limit any penalties or remedies which may be available under any other statute or law of this state.

HISTORY: Laws, 1984, ch. 503, § 17, eff from and after passage (approved May 15, 1984).

Cross References —

Fraud in connection with state or federally funded assistance program, see §97-19-71.

Article 7. Third Party Liability for Medical Payments.

§ 43-13-301. Identification of cases involving third-party liability.

The State Department of Public Welfare shall assist the Division of Medicaid in the Office of the Governor in identifying cases involving third-party liability, including without limitation, third-party insurance benefits, health insurance or other health coverage maintained by the recipient or absent parent through intake, initial determinations, and redeterminations of eligibility, and shall promptly transmit such information to the Division of Medicaid or the fiscal agent of the Division of Medicaid.

HISTORY: Laws, 1985, ch. 497, § 1, eff from and after July 1, 1985.

Editor’s Notes —

Section 43-1-1 provides that the term “State Department of Public Welfare” shall mean the Department of Human Services, and that the term “State Board of Public Welfare” shall mean the State Board of Human Services.

Cross References —

Responsibilities of the Division of Medicaid generally, see §43-13-121.

RESEARCH REFERENCES

Practice References.

Health Care Administration Library (CD-ROM) (LexisNexis).

§ 43-13-303. Inclusion of medical support in child support enforcement orders; pro