2005 Regular Session
To: Public Health and Welfare; Appropriations
By: Senator(s) Pickering, Flowers, Hewes, Doxey, White, Michel, Davis, Brown, Morgan, Ross, Jackson (15th)
AN ACT TO AMEND SECTIONS 41-86-3 AND 41-86-5, MISSISSIPPI CODE OF 1972, TO REVISE THE ELIGIBILITY FOR BENEFITS UNDER THE MISSISSIPPI CHILDREN'S HEALTH CARE ACT (CHIP); AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-86-3, Mississippi Code of 1972, is amended as follows:
41-86-3. (1) There is 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 thirty-five percent (135%) of the federal poverty level, and is not eligible for medical assistance under Title XIX or is not covered under a group health plan.
(2) 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.
(3) 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.
(4) In administering the Children's Health Insurance Program, the Division of Medicaid shall have all the authority, duties and responsibilities set forth in Section 43-13-101 et seq.
(5) This section authorizes the Division of Medicaid to submit a temporary plan for children's health insurance to the U.S. Department of Health and Human Services.
(6) From and after the full implementation of the permanent State Child Health Plan authorized under Section 5 of this act, this section shall have no force and effect.
SECTION 2. Section 41-86-5, Mississippi Code of 1972, is amended as follows:
41-86-5. As used in Sections 41-86-5 through 41-86-17, the following definitions shall have the meanings ascribed in this section, unless the context indicates otherwise:
(a) "Act" means the Mississippi Children's Health Care Act.
(b) "Administering agency" means the agency designated by the Mississippi Children's Health Insurance Program Commission to administer the program.
(c) "Board" means the State and Public School Employees Health Insurance Management Board created under Section 25-15-303.
(d) "Child" means an individual who is under nineteen (19) years of age who is not eligible for Medicaid benefits and is not covered by other health insurance.
(e) "Commission" means the Mississippi Children's Health Insurance Program Commission created by Section 41-86-7.
(f) "Covered benefits" means the types of health care benefits and services provided to eligible recipients
under the Children's Health Care Program.
(g) "Division" means the Division of Medicaid in the Office of the Governor.
(h) "Low-income child" means a child whose family income does not exceed one hundred thirty-five percent (135%) of the poverty level for a family of the size involved.
(i) "Plan" means the State Child Health Plan.
(j) "Program" means the Children's Health Care Program established by Sections 41-86-5 through 41-86-17.
(k) "Recipient" means a person who is eligible for assistance under the program.
(l) "State Child Health Plan" means the permanent plan that sets forth the manner and means by which the State of Mississippi will provide health care assistance to eligible uninsured, low-income children consistent with the provisions of Title XXI of the federal Social Security Act, as amended.
SECTION 3. This act shall take effect and be in force from and after its passage.