2006 Regular Session
By: Representative Holland, Barnett, Banks, Davis, Flaggs, Gibbs, Malone, Markham, Read, Shows, Stevens
AN ACT MAKING AN APPROPRIATION 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 FOR THE FISCAL YEAR 2007.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
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, 2006, and ending June 30, 2007
............................................ $ 99,475,793.00.
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, 2006, and ending June 30, 2007...............
............................................ $ 290,875,942.00.
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, 2006, and ending June 30, 2007...... $ 3,417,611,321.00.
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, 2006, and ending June 30, 2007............................... $ 107,836,907.00.
The above funds shall be allocated as follows:
CHIP Program at 200% level of poverty...$ 4,877,497.00
Eyeglasses for adults...................$ 1,184,535.00
Home and Community Waiver Program.......$ 3,341,086.00
Disabled worker buy-in to the Medicaid
Dental fee increase.....................$ 1,532,928.00
Medical Services Program Matching Funds.$ 95,413,224.00
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:
Salaries, Wages and Fringe Benefits$ 45,525,327.00
Travel and Subsistence.............. 1,282,556.00
Contractual Services..................... 116,809,000.00
Other Than Equipment................ 0.00
Subsidies, Loans and Grants.............. 3,746,901,580.00
Total.............................. $ 3,915,799,963.00
General Funds........................... $ 99,475,793.00
Special Funds............................ 3,816,324,170.00
Total.............................. $ 3,915,799,963.00
Permanent: Full Time........... 1,066
Part Time........... 0
Time-Limited:Full Time........... 0
Part Time........... 0
Funds are provided herein to adjust the Variable Compensation Plan to ensure that all full-time employees receive a pay increase equal to the realignment component of the Variable Compensation Plan or Fifteen Hundred Dollars ($1,500.00), whichever is greater, with not more than one-half (1/2) to be awarded on July 1, 2006, with the remainder to be awarded on January 1, 2007.
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 2008 do not exceed Fiscal Year 2007 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2008 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 2007 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 2007 "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 6. It is the intention of the Legislature that the Governor's Office - Division of Medicaid 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 2006. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2008 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 2007 budget request process.
SECTION 7. 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:
Performance Measures Target
Admin as a Percent of Total Budget (%) 4.26
Recipients (Persons) 674,000
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 2008.
SECTION 8. 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. It is further the intention of the Legislature that any transfers made under the provision of this paragraph shall be of an emergency nature and that in no case shall the transfers be made which substantially alter the legislative intent for the various programs as set forth in the original appropriations made under this act. However, no transfers shall be authorized which increase the major object of expenditure "Salaries, Wages and Fringe Benefits."
SECTION 9. Of the funds appropriated under the provisions of Section 2, Forty-nine Million Four Hundred Thirty-six Thousand Eight Hundred Forty-six Dollars ($49,436,846.00) shall be derived from the Budget Contingency Fund, as created in Section 27-103-301, Mississippi Code of 1972, for the purpose of matching available federal funds.
SECTION 10. It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference. A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids.
SECTION 11. Of the funds appropriated in Sections 1, 2, 3 and 4, an additional amount not less than Two Hundred Fifty Thousand Dollars ($250,000.00) shall be expended in the Home and Community Based Waiver Program over and above the amount expended in Fiscal Year 2006.
SECTION 12. In addition to all other sums herein appropriated, Three Million Dollars ($3,000,000.00), or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, to fund a temporary program to provide nonemergency transportation to locations for necessary dialysis services for end stage renal disease patients who are sixty-five (65) years of age or older or are disabled as determined under Section 1614(a)(3) of the federal Social Security Act, as amended, whose income did not exceed one hundred thirty-five percent (135%) of the nonfarm official poverty level as defined by the Office of Management and Budget, and whose resources did not exceed those established by the division as of December 31, 2005, whose eligibility was covered under the former category of eligibility known as PLADs (Poverty Level Aged and Disabled), which shall take effect and be in force from and after passage through June 30, 2007.
SECTION 13. In the event that funding is available from sources set forth in the above sections, and with the approval of all applicable state and federal agencies, the division may establish a program to provide for physician retention supplemental Medicaid payments for physicians in hospitals located in counties which have been declared a disaster area as a result of Hurricane Katrina. The division may make additional Medicaid reimbursement to physicians who meet all requirements of this physician retention program, as established by the division.
SECTION 14. 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 15. This act shall take effect and be in force from and after July 1, 2006, with the exception of Section 12 which shall take effect and be in force from and after its passage.