Amendment_Report_for

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, for the support and maintenance of the Department of Mental Health for the fiscal year beginning July 1, 2004, and ending June 30, 2005...............

............................................ $ 179,782,061.00.

SECTION 2. The following sum, or so much thereof as may be necessary, is hereby authorized for expenditure out of any special source funds which are collected by or otherwise become available for the support and maintenance of the Department of Mental Health for the fiscal year beginning July 1, 2004, and ending June 30, 2005 $ 294,073,135.00.

SECTION 3. Of the funds appropriated under the provisions of Section 2, Twenty-five Million Two Hundred Sixteen Thousand Four Hundred Fifty Dollars ($25,216,450.00) shall be derived from the Health Care Expendable Fund created in Section 43-13-407, Mississippi Code of 1972, for the support and maintenance of the Department of Mental Health. The funds provided for in this section shall be allocated as follows:

$ 7,149,533.00 Expenses of the Department of Mental Health.

$ 714,953.00 Alzheimer's disease services development and implementation of Senate Bill No. 2100, 1997 Regular Session.

$ 7,342,619.00 Medicaid matching funds.

$ 476,636.00 Psychotropic drugs or Medicaid match.

$ 953,271.00 Alzheimer's Disease Program, prepayment to Medicaid, etc.

$ 6,339,252.00 Crisis centers, holding centers, group homes, substance abuse programs, Children's Programs, Prepayment of Medicaid. etc.

$ 2,144,860.00 Physician services at community mental health centers.

$ 95,326.00 Grant for Epilepsy Foundation of Mississippi or Medicaid match.

$25,216,450.00 TOTAL

SECTION 4. Of the funds appropriated under the provisions of Section 1 and authorized for expenditure under the provisions of Section 2, not more than the amounts set forth below shall be expended for the purposes of expenditure:

CENTRAL OFFICE

FUNDING:

General Funds........................... $ 2,274,889.00

Special Funds............................ 13,818,301.00

Total.............................. $ 16,093,190.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 64

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

Time-Limited:Full Time........... 21

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

ELLISVILLE STATE SCHOOL AND FARM

FUNDING:

General Funds........................... $ 15,534,188.00

Special Funds............................ 56,711,268.00

Total.............................. $ 72,245,456.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 1,585

Part Time........... 32

Time-Limited:Full Time........... 56

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

EAST MISSISSIPPI STATE HOSPITAL

FUNDING:

General Funds........................... $ 28,364,892.00

Special Funds............................ 17,145,674.00

Total.............................. $ 45,510,566.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 1,343

Part Time........... 6

Time-Limited:Full Time........... 121

Part Time........... 40

HUDSPETH REGIONAL CENTER

FUNDING:

General Funds........................... $ 7,371,894.00

Special Funds............................ 33,980,927.00

Total.............................. $ 41,352,821.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 948

Part Time........... 28

Time-Limited:Full Time........... 48

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

MISSISSIPPI STATE HOSPITAL

FUNDING:

General Funds........................... $ 68,313,424.00

Special Funds............................ 38,142,217.00

Total.............................. $ 106,455,641.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 2,831

Part Time........... 11

Time-Limited:Full Time........... 221

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

NORTH MISSISSIPPI REGIONAL CENTER

FUNDING:

General Funds........................... $ 9,336,385.00

Special Funds............................ 44,905,432.00

Total.............................. $ 54,241,817.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 926

Part Time........... 12

Time-Limited:Full Time........... 160

Part Time........... 13

SOUTH MISSISSIPPI REGIONAL CENTER

FUNDING:

General Funds........................... $ 7,363,306.00

Special Funds............................ 25,491,149.00

Total.............................. $ 32,854,455.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 602

Part Time........... 8

Time-Limited:Full Time........... 101

Part Time........... 4

BOSWELL REGIONAL CENTER

FUNDING:

General Funds........................... $ 8,687,378.00

Special Funds............................ 18,673,076.00

Total.............................. $ 27,360,454.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 505

Part Time........... 3

Time-Limited:Full Time........... 107

Part Time........... 2

NORTH MISSISSIPPI STATE HOSPITAL

FUNDING:

General Funds........................... $ 6,575,687.00

Special Funds............................ 1,465,928.00

Total.............................. $ 8,041,615.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 185

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

Time-Limited:Full Time........... 4

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

SOUTH MISSISSIPPI STATE HOSPITAL

FUNDING:

General Funds........................... $ 4,846,556.00

Special Funds............................ 841,872.00

Total.............................. $ 5,688,428.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 156

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

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

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

CENTRAL MISSISSIPPI RESIDENTIAL CENTER

FUNDING:

General Funds........................... $ 3,085,436.00

Special Funds............................ 1,345,033.00

Total.............................. $ 4,430,469.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 132

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

Time-Limited:Full Time........... 14

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

BROOKHAVEN JUVENILE REHABILITATION FACILITY

FUNDING:

General Funds........................... $ 4,284,464.00

Special Funds............................ 0.00

Total.............................. $ 4,284,464.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 102

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

Time-Limited:Full Time........... 10

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

SPECIALIZED TREATMENT FACILITY

FUNDING:

General Funds........................... $ 686,796.00

Special Funds............................ 0.00

Total.............................. $ 686,796.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 85

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

Time-Limited:Full Time........... 0

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

SERVICE BUDGET

FUNDING:

General Funds........................... $ 13,056,766.00

Special Funds............................ 37,426,328.00

Total.............................. $ 50,483,094.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 0

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

Time-Limited:Full Time........... 0

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

DIVISION OF ALCOHOL AND DRUG ABUSE

FUNDING:

General Funds........................... $ 0.00

Special Funds............................ 4,125,930.00

Total.............................. $ 4,125,930.00

AUTHORIZED POSITIONS:

Permanent: Full Time........... 6

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

Time-Limited:Full Time........... 0

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 2006 do not exceed Fiscal Year 2005 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2006 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 2005 appropriation for "Personal Services" when annualized, with the exception of escalated funds. If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2005 "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 or allowable under the terms set forth within this act. The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration. The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.

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 5. The funds authorized herein shall be used to fund all operations of the agency with the following prohibitions:

(1) The agency shall not fill any current or future vacant positions;

(2) The agency shall not take any action to promote or otherwise award salary increases through reallocation, reclassification, realignment, education benchmark, career ladder, or any other means to increase salaries of employees or positions except as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Session;

(3) The agency shall not expend funds for out-of-state travel except as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Session;

(4) The agency shall not expend funds for the purchase of or contract for cellular phones, two-way radios or pagers, except for support of employees in the Department of Public Safety and the Bureau of Narcotics as recommended by Information Technology Services or as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Session;

(5) The agency shall not expend funds to publish or distribute any annual reports or other publications;

(6) The agency shall not expend funds for public relation activities regarding the functions, programs or services of the agency except as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Session;

(7) The agency shall not advertise the functions, programs or services of the agency except that the Mississippi Development Authority is authorized to expend funds for advertising to carry out the purposes of key programs administered by the authority;

(8) The agency shall not expend funds for staff development or training services;

(9) The agency shall not expend funds for the purchase of new or replacement equipment or furniture, excluding lease purchase payments on agreements in effect upon passage of this appropriation bill, except as allowed under the provisions set forth in House Bill No. 1279, 2004 Regular Session.

SECTION6. It is the intention of the Legislature that none of the funds appropriated above shall be expended unless members of the Mississippi House of Representatives and Mississippi Senate are notified at least five (5) days prior to a public ceremony announcing the award of any grant in their district or any public announcement or ceremony regarding the groundbreaking or opening of a facility, roadway or bridge for which the Legislature has made funds available. Any signage regarding any public event or any new facility, roadway or bridge shall include the following language: "Funds were made available for this project by the Mississippi State Legislature."

SECTION 7. It is the intention of the Legislature that the Department of Mental Health shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2004. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2006 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2005 budget request process.

SECTION 8. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:

FY2005

Performance Measures Target

Services Management

State Institutions Operated (Number of) 12

Units Monitored, etc (Number of) 1,112

Grants Administered (Number of) 486

Mental Health Services

Group Homes - Alternative Living (Beds) 35

Halfway Houses (Beds) 258

Psychotropic Drugs Purchased (Prescriptions) 20,000

Mental Retardation Services

Community Living Clients 2,400

Work Activity & Employment Related (Clients) 1,050

Children & Youth Services

Group Homes (Beds) 72

Chemical Dependency (Beds) 20

3% Alcohol Tax-alcohol/drug Prg

Residential Treatment Beds 684

Out-Patient Admissions 8,100

Performance Measures are included in the

Mi - Institutional Care

Patient & Resident Days (Number of) 703,662

Operating Cost per Patient & Resident Day 311

Mi - Pre/post Inst Care

Clients Served (Number of) 1,817

Mi - Support Services

Percent of Support Staff to Direct Staff (%) 10

Support as a Percent of Total Budget 11

Mr - Institutional Care

Patient & Resident Days (Number of) 409,754

Cost per Patient & Resident Day 303

Patient & Resident Days (Client Days) 50,328

Independent Living Skills (Client Days) 6,038

ICF/MR Licensed Client Bed Days 58,350

Mr - Group Homes

Community Based Services (Client Days) 56,000

ICF & MR Residential Services (Client Days) 156,612

ICF & MR Group Home (Client Days) 35,770

Mr - Community Programs

Clients Served - HCBW (Individuals) 678

Therapy for Children & Families (Sessions) 7,000

Employment Support (Contacts & Visits) 23,109

Case Management (Contacts) 5,612

Residential ICF & MR Program (Clients) 1,540

Mr - Support Services

Percent of Support Staff to Direct Staff (%) 3.03

Support as a Percent of Total Budget 22

Mi - Crisis Intervention Ctr

Patient & Resident Days (Number of) 0

Mi - Residential Apartments

Patient & Resident Days (Number of) 0

Mi - Residential Homes

Patient & Resident Days (Number of) 0

Mi - Footprints Adult Day Svcs

Clients Served (Number of) 20

A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2006.

SECTION 9. Of the funds appropriated under the provisions of Section 1, authorized for expenditure in Section 2, and allocated in Section 3 to the "Central Office," funds are included for an Alzheimer's education and training program.

SECTION 10. Of the funds appropriated under the provisions of Section 1, authorized for expenditure in Section 2, and allocated in Section 4 to the "Central Office," funds are included to compensate part-time members of the Sexual Predator Review Board at an hourly rate not to exceed the hourly rate for similarly qualified and titled full-time state employees, plus fringe benefits allowable for such part-time employees.

SECTION 11. Of the funds appropriated under the provisions of Section 1, authorized for expenditure under the provisions of Section 2, and allocated under the provisions of Section 4, funds in the amount of Two Hundred Thousand Dollars ($200,000.00) may be expended for the support of a pilot project to provide authority for East Mississippi State Hospital and Mississippi State Hospital to contract with local hospitals located in counties with a population of less than fifty thousand (50,000) to provide emergency inpatient care to individuals committed by the Chancery Court to East Mississippi State Hospital or Mississippi State Hospital for treatment of mental illness if, at the time that such commitment is made, a bed is not available for admission to East Mississippi State Hospital or Mississippi State Hospital. East Mississippi State Hospital and Mississippi State Hospital shall have the authority to contract with local hospitals located in counties with a population of less than fifty thousand (50,000) for inpatient emergency care for a period not to exceed seven (7) days at a rate not to exceed One Hundred and Fifty Dollars ($150.00) per day with East Mississippi State Hospital or Mississippi State Hospital providing One Hundred Dollars ($100.00) and the local government providing Fifty Dollars ($50.00) per day for such care. Payment for such physician fees shall be made at the Medicaid rate of reimbursement and paid by East Mississippi State Hospital or Mississippi State Hospital. Funds provided for the initiation of this pilot project shall not be expended for inpatient hospital care unless there is participation in the reimbursement for such care by the local government as required by the provisions of this section.

SECTION 12. It is the intention of the Legislature that the Executive Director of the Department of Mental Health shall have authority to transfer cash from one special fund treasury fund to another special fund treasury fund under the control of the Department of Mental Health. The purpose of this authority is to more efficiently use available cash reserves. It is further the intention of the Legislature that the Executive Director of the Department of Mental Health shall submit written justification for the transfer to the Legislative Budget Office and the Department of Finance and Administration on or before the fifteenth (15th) of the month prior to the effective date of the transfer.

SECTION 13. It is the intention of the Legislature that the Department of Mental Health shall have the authority to receive, budget, and expend funds from any source, including beginning cash in excess of beginning cash when spending authority was initially appropriated, that may become available to the department in accordance with the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

SECTION 14. The Department of Mental Health and its facilities shall have the authority, within funding and spending authority appropriated under the provisions of Section 1, authorized for expenditure in Section 2, and allocated under the provisions of Section 4 of this act, to transfer funds to the Division of Medicaid in payment of Medicaid match and designate that the funds thus transferred shall be applied to Medicaid match obligations arising in the subsequent fiscal year.

SECTION 15. Any person within the Department of Mental Health who must work on a statutory holiday or any holiday proclaimed by the Governor, may at the discretion of the Director of the Institution and the Executive Director of the Department of Mental Health and within available personnel funds, be paid "call back pay" in lieu of "compensatory time credit."

SECTION 16. Of the funds appropriated to the "Service Budget," funds are included for the support of community mental health services for Fiscal Year 2005.

Provided, however, that none of the funds appropriated for the support of community mental health services shall be made available to any Regional Mental Health/Retardation Center which does not receive from each of its participating counties a dollar amount equivalent to what the proceeds of a three-fourths (3/4) mill tax on all taxable property in the county in Fiscal Year 1982 would have been or the amount of funds contributed to the center by the county in Fiscal Year 1984, whichever shall be greater. By means of performance contracts, the Department of Mental Health shall disburse the funds appropriated in this section for services for the mentally ill, mentally retarded and alcohol/drug abusers. The State Board of Mental Health and the Department of Mental Health shall be responsible for selecting the types of services which shall be provided with the funds appropriated in this section, for developing and monitoring performance contracts and for holding contractors accountable for utilization of funds.

SECTION 17. Funds presently included or any funds received in the future for timber funds at Ellisville State School and East Mississippi State Hospital are hereby authorized for transfer to the regular operating budgets of the respective facilities. Each facility shall receive such funds as "Special" funds, and such funds shall be available for use in payment of any and all expenses of each facility, paid by the State Treasurer 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 18. The Department of Mental Health and its facilities shall have the express legal authority, within funding and spending authority appropriated under the provisions of Section 1, authorized for expenditure under the provisions of Section 2, and allocated under the provisions of Section 4 of this act, to purchase land for use by residential facilities operated by the Department, either directly or by means of transferring funds to the Bureau of Building, Grounds and Real Property Management, and to transfer such funds to Bureau of Building, Grounds, and Real Property Management for the purposes of constructing and equipping group homes for persons with mental illness, mental retardation, and/or substance abuse; constructing and equipping such other buildings as may be required for treatment of persons with mental illness, mental retardation, and/or substance abuse; repair and renovate existing buildings; and to construct, repair and/or renovate employee housing. Any intermediate care facilities for the mentally retarded (ICF/MR) constructed with funds authorized in this section shall be authorized to participate in Medicaid funding available for such services.

SECTION 19. Of the General Funds appropriated to the "Service Budget," the sum required may be expended to fund the Home and Community Based Waiver Option for community mental retardation services as authorized under Section 43-13-117 (29) of the Mississippi Code of 1972 (Annotated).

SECTION 20. With the funds herein appropriated, the Department of Mental Health is authorized to provide home and community based treatment and institutional treatment to not more than ten (10) persons at any given time who, on or after reaching their twenty-first birthday (age 21), suffered a severe brain injury and whose condition as a result of that brain injury would have resulted in their classification as developmentally disabled if such injury had occurred prior to their twenty-first birthday.

SECTION 21. The following sum, or so much thereof as may be necessary, is hereby reappropriated out of any money in the special fund in the State Treasury to the credit of the Department of Mental Health Funds 3372, 3373, 3374, 3375, 3376, 3377, 3382, 3384, 3385, 3386, 3387, 3388 and 3391 for the fiscal year beginning July 1, 2004, and ending June 30, 2005.........................

............................................... $ 10,000,000.00

Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the unexpended balance as of June 30, 2004, or change the purpose for which the funds were originally authorized.

SECTION 22. None of the funds appropriated herein may be used to pay for alternative residential placement or hospitalization for mental health, mental retardation, or substance treatment of a person committed to the Department of Mental Health under Sections 41-21-61, et seq., 41-21-107, 41-31-1, et seq., 43-21-315, and 43-21-611, Mississippi Code of 1972.

SECTION 23. Of the funds appropriated under the provisions of Section 1, authorized for expenditure in Section 2, and allocated in Section 4 to Mississippi State Hospital, funds not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00) may be expended for preplanning costs associated with a project or projects to renovate buildings on the campus of Mississippi State Hospital to meet standards of the Joint Commission on Accreditation of Healthcare Organizations.

SECTION 24. None of the funds appropriated for the support of community mental health, mental retardation, or substance abuse services shall be made available to any service provider which, upon determination of the Executive Director of the Department of Mental Health, has an outstanding monetary obligation owed to the Department of Mental Health or to the Division of Medicaid, pursuant to an audit or programmatic review performed by the Department of Mental Health, that has not been resolved, including those audits or programmatic reviews that occurred prior to

July 1, 2004.

SECTION 25. From the funds provided herein, the Department shall have the authority to adjust salaries of academic teachers to be commensurate to the teacher's salary scale as provided in the Mississippi Teacher Opportunity Program for the 2004-2005 school year, as outlined in Section 37-19-7, Mississippi Code of 1972, effective July 1, 2003.

SECTION 26. No program or entity certified by the Department of Mental Health which also receives state source, federal source, or Medicaid funding directly from the Department of Mental Health or by virtue of state source funds appropriated to the Department of Mental Health for Medicaid match for provision of mental health, mental retardation, or substance abuse services shall pay to any person employed by that program or entity a salary or compensation, directly or indirectly, in excess of the salary provided for a similar position under the classification system of the State Personnel Board for a person with similar credentials, educational level, and directly related years of experience in the position. Any person whose current salary already exceeds the allowable amount as determined under this section shall be allowed to retain his or her current salary, but no increases shall be granted until such time as the allowable maximum salary under the classification system of the State Personnel Board exceeds the current salary paid to that person. Those programs and entities may adopt a system of compensation that includes additional compensation for Educational Benchmarks as allowed under the State

Personnel Board system. Further, the Department of Mental Health and the State Personnel Board shall collaborate in determining similarity of positions in those programs or entities affected by this Section to positions within the classification system of the State Personnel Board in any manner they deem appropriate to efficiently implement the provisions of this Section. Staff

of the State Personnel Board and the Department of Mental Health shall be the final authority in the determination of corresponding job titles and pay grades. Failure to comply with the provisions of this Section shall be cause to reduce or terminate funding received from the Department of Mental Health.

SECTION 27. 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 28. This act shall take effect and be in force from and after July 1, 2004.