MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Public Health and Welfare; Appropriations

By: Representative Reynolds

House Bill 750

AN ACT TO CREATE A SPECIAL FUND IN THE STATE TREASURY TO BE KNOWN AS THE MISSISSIPPI HEALTH CARE ENHANCEMENT FUND; TO PROVIDE THAT MONIES IN THE FUND SHALL CONSIST OF ALL FUNDS PAID TO THE STATE AS A RESULT OF THE TOBACCO SETTLEMENT AND ANY OTHER FUNDS MADE AVAILABLE BY THE LEGISLATURE; TO PROVIDE THAT MONIES IN THE FUND SHALL BE EXPENDED FOR THE PURCHASE OF MEDICINE AND DRUGS FOR PERSONS WHO ARE ELIGIBLE FOR MEDICARE BUT ARE NOT ELIGIBLE FOR MEDICAID AND WHOSE INCOME DOES NOT EXCEED 150% OF THE FEDERAL POVERTY LEVEL; AND FOR RELATED PURPOSES. 

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

SECTION 1. (1) There is created in the State Treasury a special fund to be known as the Mississippi Health Care Enhancement Fund. Monies in the fund shall consist of all funds that have been paid or will be paid to the State of Mississippi from the tobacco industry as a result of:

(a) Settlement of the case of Mike Moore, Attorney General ex rel. State of Mississippi v. The American Tobacco Company et al. (Chancery Court of Jackson County, Mississippi, Cause No. 94-1429);

(b) Settlement of any case brought by another state against the tobacco industry; and

(c) Any legislation enacted by Congress to implement the national tobacco settlement agreement between the state attorneys general and the tobacco industry.

In addition, the fund shall consist of any other funds appropriated or otherwise made available to the fund by the Legislature.

(2) Monies in the fund at the end of a fiscal year shall not lapse into the State General Fund, and any interest and income earned on amounts in the fund shall be deposited to the credit of the fund.

(3) Monies in the fund may be expended only upon appropriation of the Legislature, and shall be expended for:

(a) The purchase of medicine and drugs for persons who are eligible for Medicare but are not eligible for Medicaid and whose income does not exceed one hundred fifty percent (150%) of the federal poverty level; and

(b) The purchase of medicine and drugs to place in county health departments for the use of persons described in paragraph (a) of this subsection.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.