House Concurrent Resolution 62

A CONCURRENT RESOLUTION REQUESTING THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI TO ALLOW THE LEGISLATURE ADDITIONAL TIME TO RESOLVE THE PROBLEM OF CONTINUED MEDICAID ELIGIBILITY FOR THE PLAD CATEGORY OF RECIPIENTS.

WHEREAS, during the 2004 Regular Session, the Mississippi Legislature passed a bill to delete the eligibility of the Poverty Level Aged and Disabled (PLAD) category of recipients from Medicaid; and

WHEREAS, the Medicaid recipients filed a lawsuit in the United States District Court for the Southern District of Mississippi claiming that they were not given proper notice of their removal from eligibility under the federal laws regarding Medicaid; and

WHEREAS, in October 2004, the Division of Medicaid and the plaintiff Medicaid recipients reached an agreement that would restore the eligibility for the PLAD category until the end of January 2005, which the District Court approved; and

WHEREAS, the United States District Court has scheduled a status conference in early February to further evaluate the issues raised in the lawsuit; and

WHEREAS, the Mississippi House of Representatives has worked diligently during the month of January to resolve the problem of providing continued coverage for the PLAD category through House Bill No. 410, which is pending before the entire House; and

WHEREAS, the Mississippi Senate is also working diligently on legislation that will resolve this serious Medicaid problem; and

WHEREAS, both the House of Representatives and the Senate would like the opportunity to continue the legislative process and negotiate with each other to compromise and resolve the issue of reinstating the PLAD category to the Medicaid program; and

WHEREAS, it is the policy of this Legislature of the State of Mississippi to legislate and not to litigate:

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF MISSISSIPPI, THE SENATE CONCURRING THEREIN, That we do respectfully request the United States District Court for the Southern District of Mississippi to allow the Legislature additional time to resolve the problem of continued Medicaid eligibility for the PLAD category of recipients.

BE IT FURTHER RESOLVED, That copies of this resolution be furnished to the United States District Court for the Southern District of Mississippi and to the members of the Capitol Press Corps.