MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Public Health and Welfare; Appropriations

By: Senator(s) Bean (By Request)

AN ACT TO CODIFY SECTIONS 43-13-401 THROUGH 43-13-415, MISSISSIPPI CODE OF 1972, TO BE ENTITLED THE MISSISSIPPI CHILDREN'S HEALTH CARE ACT OF 1998; TO ESTABLISH AND EMPOWER A MISSISSIPPI CHILD HEALTH CARE AUTHORITY TO DEVELOP AND SUBMIT TO THE SECRETARY OF THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES A STATE CHILD HEALTH PLAN TO PROVIDE HEALTH CARE SERVICES TO CERTAIN ELIGIBLE UNINSURED, LOW-INCOME CHILDREN IN MISSISSIPPI; TO PROVIDE ELIGIBILITY FOR PARTICIPANTS IN THE PLAN; TO PROVIDE FOR COVERED BENEFITS UNDER THE PLAN; TO AUTHORIZE RULES AND REGULATIONS FOR THE IMPLEMENTATION OF THE PLAN; AND FOR RELATED PURPOSES. 

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

SECTION 1. The following provision shall be codified as Section 43-13-401, Mississippi Code of 1972:

43-13-401. Title of Article.

This article shall be entitled and cited as the Mississippi Children's Health Care Act of 1998.

SECTION 2. The following provision shall be codified as Section 43-13-403, Mississippi Code of 1972:

43-13-403. Purpose.

For the purpose of implementing a plan to initiate and expand the provision of child health care assistance to uninsured, low-income children in an effective manner that is coordinated with other sources of health benefits coverage for children in accordance with the requirements for federal grants and other assistance under the State Children's Health Insurance Program, as established by Title XXI of the Social Security Act, as amended, there is hereby established a Children's Health Care Program in effect statewide, to be financed by state appropriations and federal matching funds and to be developed and administered by the Child Health Care Authority established under Section 4 of this act.

SECTION 3. The following provision shall be codified as Section 43-13-405, Mississippi Code of 1972:

43-13-405. Definitions.

When used in this article, the following definitions shall apply, unless the context indicates otherwise:

(a) "Act" means the Mississippi Children's Health Care Act of 1998.

(b) "Administering agency" means the Child Health Care Authority as established and organized under Section 4 of this act.

(c) "Child" means an individual under nineteen (19) years of age.

(d) "Covered benefits" means the types of health care and health care services provided to eligible recipients under the State Child Health Plan.

(e) "Low-income child" means a child whose family income is at or below two hundred percent (200%) of the poverty line for a family of the size involved.

(d) "Recipient" means a person who is eligible for assistance under the State Child Health Plan.

(e) "State Child Health Plan" means Mississippi's Child Health Plan that sets forth the manner and means whereby Mississippi will provide health care assistance to uninsured, low-income children consistent with the provisions of Title XXI of the Social Security Act, as amended.

SECTION 4. The following provision shall be codified as Section 43-13-407, Mississippi Code of 1972:

43-13-407. Administering Agency.

(1) The Child Health Care Plan shall be administered by the Mississippi Child Health Care Authority composed of six (6) persons. Initially, the Child Health Care Authority shall be appointed as follows: (a) one (1) person selected by the Governor for a term of one (1) year; (b) one (1) person selected by the Lieutenant Governor for a term of two (2) years; (c) one (1) person selected by the Governor for a term of three (3) years; (d) one (1) person selected by the Governor for a term of four (4) years; (e) one (1) person selected by the Lieutenant Governor for a term of five (5) years; and (f) one (1) person selected by the Lieutenant Governor for a term of six (6) years, with each term beginning on July 1, 1998. Thereafter, all terms shall be for six (6) years. Such selected persons shall be referred to as the trustees of the Child Health Care Program. The trustees may serve an unlimited number of terms. Vacancies occurring otherwise than by the expiration of a term shall be filled for the unexpired term within ninety (90) days of such vacancy in the same manner as the original appointments.

(2) The Child Health Care Authority shall have the duty of administering all functions and responsibilities of the State Child Health Care Plan.

(3) In carrying out its functions under this article, the Child Health Care Authority is hereby empowered to:

(a) Employ personnel, as necessary, to properly administer the State Child Health Plan, which personnel shall be employees of the state pursuant to specific appropriation by the Legislature for such purpose.

(b) Contract with authorized insurers or any provider of health care services, meeting standards established by the authority, for the provision of coverage and services under the State Child Health Plan.

SECTION 5. The following provision shall be codified as Section 43-13-409, Mississippi Code of 1972:

43-13-409. State Child Health Plan.

(1) The administering agency is hereby authorized to develop and submit to the Secretary of Health and Human Services for approval Mississippi's State Child Health Plan, which plan shall set forth the manner and means whereby the State of Mississippi will provide health care to certain eligible uninsured, low-income children.

(2) The State Child Health Plan shall include (a) the method by which health care benefits provided under the State Child Health Plan will be coordinated with other sources of health benefits coverage for children; (b) a description of the covered benefits, the eligibility standards for recipients which must be consistent with Title XXI of the Social Security Act, as amended; and (c) methods used to assure the quality and appropriateness of care and access to covered benefits. Such State Child Health Plan must be consistent with and meet the applicable requirements of Title XXI of the Social Security Act, as amended.

SECTION 6. The following provision shall be codified as Section 43-13-411, Mississippi Code of 1972:

43-13-411. Eligibility.

Persons eligible to receive health care and health care services under this act shall be the low-income children who meet the eligibility standards as set forth in the State Child Health Plan, which standards must be consistent with the requirements of Title XXI of the Social Security Act, as amended. In no event shall any defined group of eligible recipients cover children with higher family income without covering children with lower family income. Eligibility standards may not be based on a child having a pre-existing medical condition.

SECTION 7. The following provision shall be codified as Section 43-13-413, Mississippi Code of 1972:

43-13-413. Covered Benefits.

The covered benefits shall include all health care and health care services required to be included as covered benefits under Title XXI of the Social Security Act, as amended, and such other benefits provided for in the State Child Health Plan.

SECTION 8. The following provision shall be codified as Section 43-13-415, Mississippi Code of 1972:

43-13-415. Rules and Regulations.

The administering agency shall adopt, in accordance with Section 25-43-1 et seq., Mississippi Code of 1972, rules and regulations for the implementation of the State Child Health Plan and the coordination of medical assistance programs established under this act with the state's other medical assistance programs.

SECTION 9. This act shall take effect and be in force from and after its passage.