1998 Regular Session
To: Public Health and Welfare; Appropriations
By: Senator(s) Bean, Gollott, Dearing, Minor, Woodfield, Little, Hawks, Smith, Browning, Mettetal, Johnson (19th)
Senate Bill 2174
(As Passed the Senate)
AN ACT ENTITLED THE "MISSISSIPPI CHILDREN'S HEALTH INSURANCE PROGRAM"; TO ESTABLISH A STATEWIDE CHILDREN'S HEALTH INSURANCE PROGRAM UNDER TITLE XXI OF THE SOCIAL SECURITY ACT TO PROVIDE CHILD HEALTH CARE ASSISTANCE TO CERTAIN UNINSURED CHILDREN TO BE ADMINISTERED BY THE DIVISION OF MEDICAID; TO PROVIDE FOR COVERAGE OF THE PROGRAM, AUTHORIZE APPROPRIATIONS TO THE PROGRAM AND AUTHORIZE THE DIVISION OF MEDICAID TO IMPLEMENT THE PROGRAM; TO ESTABLISH AND EMPOWER A JOINT LEGISLATIVE COMMITTEE TO STUDY AND MAKE RECOMMENDATIONS CONCERNING THE FUTURE IMPLEMENTATION OF THE CHILDREN'S HEALTH INSURANCE PROGRAM IN MISSISSIPPI; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This section shall be titled and may be cited as the "Mississippi Children's Health Insurance Program."
(2) There is hereby established a statewide children's health insurance program under Title XXI of the Social Security Act to provide child health care assistance to targeted, uninsured, low-income children to be administered by the Division of Medicaid in the office of the Governor. The term "targeted, low-income child" means a child through age eighteen (18) who has been determined eligible for child health assistance and who is a low-income child, or is a child whose family income exceeds the Medicaid applicable income level, but does not exceed one hundred percent (100%) of the federal poverty level, and is not eligible for medical assistance under Title XIX or is not covered under a group health plan.
(3) The Children's Health Insurance Program shall provide the same benefits to children enrolled in the program as are provided to Medicaid recipients under the Mississippi Medicaid Laws, Section 43-13-117, Mississippi Code of 1972.
(4) The Children's Health Insurance Program shall be established subject to the availability of funds specifically appropriated by the Legislature for this purpose and federal matching funds as set forth in Title XXI of the Social Security Act.
(5) In administering the Children's Health Insurance Program, the Division of Medicaid shall have all the authority, duties and responsibilities set forth in Section 41-13-101 et seq., Mississippi Code of 1972.
(6) This section authorizes the Division of Medicaid to submit the plan for children's health insurance to the U.S. Department of Health and Human Services.
SECTION 2. (1) A special joint study and oversight committee is created to study and make recommendations concerning the implementation of the Children's Health Insurance Program in Mississippi authorized under Section 1, and to monitor the implementation of such program on an ongoing basis. The joint committee shall be composed of the Chairman of the Senate Public Health and Welfare Committee, the chairman of the House Public Health and Welfare Committee, the Chairman of the Senate Appropriations Committee, the Chairman of the House Appropriations Committee, the Chairman of the Senate Insurance Committee, the Chairman of the House Insurance Committee, two (2) members of the Senate to be appointed by the Lieutenant Governor and two (2) members of the House of Representatives to be appointed by the Speaker of the House.
(2) The joint committee shall study the Children's Health Insurance Program to determine how Mississippi can best provide for meeting the medical needs of children from low-income households who are not otherwise eligible for Medicaid. The commission shall focus on such specific issues affecting these children as:
(a) Expanded Medicaid eligibility;
(b) State purchase of insurance coverage;
(c) Services and limitations to be included in the plan;
(d) Qualifications for eligibility, including income thresholds;
(e) The timing of implementing a program;
(f) The impact of federal regulations;
(g) Administration of the program;
(h) Sources of funding for the state's share of matching money.
(3) Within fifteen (15) days after sine die adjournment of the 1998 Regular Session of the Legislature, the Lieutenant Governor and the Speaker shall appoint the members of the committee, and shall jointly designate the first chairman of the joint committee. After the members are appointed, the joint committee shall meet on a date designated by the chairman of the joint committee in Jackson, Mississippi, to organize the committee and establish rules for transacting its business and keeping records. A majority of the members of the joint committee from each house shall constitute a quorum at all committee meetings. An affirmative vote of a majority of the members from each house shall be required in the adoption of rules, resolutions and reports. All members of the joint committee shall be notified in writing of all regular and special meetings of the committee, which notices shall be mailed at least five (5) days before the dates of the meetings. The Lieutenant Governor and the Speaker of the House shall jointly designate subsequent chairmen of the joint committee on May 1 of each year.
(4) The joint committee may establish any subcommittees that it deems desirable to study and report to the committee with respect to any matter that is within the scope of this resolution.
(5) The joint committee shall make a written report of its findings and recommendations, and shall mail copies of the report to each member of the Legislature not later than December 1, 1998. After the report is made, the joint committee shall continue in existence as an oversight committee to monitor the Children's Health Insurance Program on an ongoing basis.
(6) In carrying out the provisions of this resolution, the joint committee may utilize the services, facilities and personnel of all departments, agencies, offices and institutions of the state. In particular, the joint committee shall consult with the Division of Medicaid, the Office of Insurance of the Department of Finance and Administration, the State Department of Health and the Mississippi Department of Insurance, and said agencies shall cooperate with the committee and provide the committee with any information and other assistance requested by the committee. The joint committee may consult and seek advice from various groups in the state in order to understand the effect of any existing laws or any changes in law being considered by the committee.
(7) For attending meetings of the joint committee, each member shall be paid from the contingent expense fund of the member's respective house, per diem compensation in the amount authorized by Section 25-3-69 and a mileage allowance and an expense allowance in the amount authorized by Section 5-1-47. However, no per diem compensation, mileage allowance or expense allowance shall be paid for attending meetings of the joint committee while the Legislature is in session, and no per diem compensation, mileage allowance or expense allowance shall be paid without prior approval of the proper committee in the member's respective house. All expenses incurred by and on behalf of the joint committee shall be paid from funds made available by the House Management Committee and the Senate Management Committee from the contingent expense funds of the respective houses, from any funds appropriated for the purpose of this resolution, and from any grants or contributions made to the committee for its purpose.
SECTION 3. This act shall take effect and be in force from and after its passage; and shall stand repealed from and after June 30, 1999.