***Adopted***

AMENDMENT No. 1 PROPOSED TO

                             House Bill NO. 1545

                             By Senator(s) Committee


     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

    


     SECTION 1.  The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, to the Governor's Office - Division of Medicaid for the purpose of providing medical assistance under the Mississippi Medicaid Law and defraying the expenses of the administration of such law, as provided in Section 43-13-101 et seq., Mississippi Code of 1972, for the fiscal year beginning July 1, 2003, and ending June 30, 2004..........................................

........................................... $   246,855,284.00.

     SECTION 2.  The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Medical Care Fund created by Section 43-13-143, Mississippi Code of 1972, for the purpose of providing medical assistance under the Mississippi Medicaid Law for the fiscal year beginning July 1, 2003, and ending June 30, 2004..

............................................. $ 227,885,720.00.

     SECTION 3.  The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in any special fund in the State Treasury to the credit of the Governor's Office - Division of Medicaid which is comprised of special source funds collected by or otherwise available to the commission, for the purpose of providing medical assistance under the Mississippi Medicaid Law and defraying the expenses of the administration of such law, for the fiscal year beginning July 1, 2003, and ending June 30, 2004$ 2,059,000,629.00.

     Prior period recovery of funds may be maintained and expended by the division when the recovery is received or finalized.

     SECTION 4.  The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Health Care Expendable Fund, for the purpose of defraying the expenses of the Governor's Office - Division of Medicaid for the fiscal year beginning July 1, 2003, and ending June 30, 2004..... $    70,000,000.00.

     The above funds shall be allocated as follows:

     CHIP Program at 200% level of poverty...$  7,000,000.00

     Eyeglasses for adults...................$  1,700,000.00

     Home and Community Waiver Program.......$  4,795,000.00

     Expand coverage for Poverty Level Aged and

       Disabled group........................$  9,500,000.00

     Disabled worker buy-in to the Medicaid

       program...............................$  1,835,000.00

     Dental fee increase.....................$  2,200,000.00

     Miscellaneous...........................$    300,000.00

     Medical Services Program Matching Funds.$ 42,670,000.00

     It is the intention of the Legislature that funds may be shifted among the above allocated line items where needed in the discretion of the Executive Director of the Division of Medicaid.

     SECTION 5.  Of the funds appropriated under the provisions of Sections 1, 2, 3 and 4, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:

  MAJOR OBJECTS OF EXPENDITURE:

     Personal Services:

          Salaries, Wages and Fringe Benefits$    23,902,251.00

          Travel and Subsistence.............        630,508.00

     Contractual Services....................     80,252,347.00

     Commodities.............................        700,500.00

     Capital Outlay:

          Other Than Equipment...............              0.00

          Equipment..........................        900,000.00

     Subsidies, Loans and Grants............. 2,497,356,027.00

          Total............................. $ 2,603,741,633.00

  FUNDING:

     General Funds.......................... $   246,855,284.00

     Special Funds........................... 2,356,886,349.00

          Total............................. $ 2,603,741,633.00

  AUTHORIZED POSITIONS:

     Permanent:    Full Time...........      615

                    Part Time..........        0

     Time-Limited:Full Time...........        1

                    Part Time..........        0

     With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2005 do not exceed Fiscal Year 2004 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2005 budget by the Mississippi Legislature.  Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act.  It shall be the responsibility of the agency head to insure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2004 appropriation for "Personal Services" when annualized.  If, at the end of any calendar month, the State Personnel Board determines that the agency has taken action(s) which would cause the agency to exceed this projected annual cost or the Fiscal Year 2004 "Personal Services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.

     Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law.

     No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.

     SECTION 6.  None of the funds appropriated by this act shall be paid to the fiscal agent of the Division of Medicaid for the administration of the Medicaid program except for payments that are made to the fiscal agent in accordance with the contract executed between the division and the fiscal agent on or about March 27, 2001; however, the Division may pay the fiscal agent up to Three Million Dollars ($3,000,000.00) General Fund dollars to revise and modernize the present system to meet Health Insurance Portability and Accountability Act (HIPAA) compliance.

     SECTION 7.  It is the intention of the Legislature that the Executive Director of the Division of Medicaid may authorize increases in any major objects of expenditures in total amounts not to exceed twenty-five percent (25%) of the appropriated amount of each major object of expenditure, provided that other major objects of expenditure are decreased by a corresponding dollar amount.

     SECTION 8.  The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers, in the manner provided by law.

     SECTION 9.  This act shall take effect and be in force from and after July 1, 2003.