MISSISSIPPI LEGISLATURE

2007 Regular Session

To: Public Health and Welfare

By: Senator(s) Nunnelee, Burton

Senate Bill 2279

(As Passed the Senate)

AN ACT RELATING TO THE ADMINISTRATION OF THE MISSISSIPPI MEDICAID LAW; TO AMEND SECTION 43-13-107, MISSISSIPPI CODE OF 1972, TO CLARIFY THE QUALIFICATIONS OF THE EXECUTIVE DIRECTOR OF THE DIVISION OF MEDICAID, OFFICE OF THE GOVERNOR, TO DELETE PROVISIONS RELATING TO THE POSITION OF DEPUTY DIRECTOR OF ADMINISTRATION OF THE DIVISION OF MEDICAID, TO PROVIDE FOR THE CHAIRMANSHIP OF THE MEDICAL CARE ADVISORY COMMITTEE, AND TO EXTEND THE AUTOMATIC REPEALER ON THE SECTION WHICH CREATES THE DIVISION OF MEDICAID; TO CODIFY SECTION 43-13-126, MISSISSIPPI CODE OF 1972, TO REQUIRE HEALTH INSURERS TO PROVIDE CERTAIN INFORMATION REGARDING INDIVIDUAL COVERAGE TO THE DIVISION OF MEDICAID AS A CONDITION OF DOING BUSINESS IN THE STATE, TO ACCEPT THE DIVISION OF MEDICAID'S RIGHT OF RECOVERY IN THIRD-PARTY ACTIONS AND NOT TO DENY A CLAIM SUBMITTED BY THE DIVISION ON THE BASIS OF CERTAIN ERRORS; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 43-13-107, Mississippi Code of 1972, is amended as follows:

     43-13-107.  (1)  The Division of Medicaid iscreated in the Office of the Governor and established to administer this article and perform such other duties as are prescribed by law.

     (2)  (a)  The Governor shall appoint a full-time executive director, with the advice and consent of the Senate, who shall be either (i) a physician with administrative experience in a medical care or health program, or (ii) a person holding a graduate degree in medical care administration, public health, hospital administration, or the equivalent, or (iii) a person holding a bachelor's degree * * *, with at least ten (10) years' experience in management-level administration * * *.  The executive director shall be the official secretary and legal custodian of the records of the division; shall be the agent of the division for the purpose of receiving all service of process, summons and notices directed to the division; and shall perform such other duties as the Governor may prescribe from time to time.

 * * *

          (b)  The Executive Director * * * of the Division of Medicaid shall perform all other duties that are now or may be imposed upon them by law.

          (c)  The * * * executive director * * * shall serve at the will and pleasure of the Governor. * * *

          (d)  The executive director * * * shall, before entering upon the discharge of the duties of his office, take and subscribe to the oath of office prescribed by the Mississippi Constitution and shall file the same in the Office of the Secretary of State, and * * * shall execute a bond in some surety company authorized to do business in the state in the penal sum of One Hundred Thousand Dollars ($100,000.00), conditioned for the faithful and impartial discharge of the duties of his office.  The premium on this bond shall be paid as provided by law out of funds appropriated to the Division of Medicaid for contractual services.

          (e)  The executive director, with the approval of the Governor and subject to the rules and regulations of the State Personnel Board, shall employ such professional, administrative, stenographic, secretarial, clerical and technical assistance as may be necessary to perform the duties required in administering this article and fix the compensation for those persons, all in accordance with a state merit system meeting federal requirements.  When the salary of the executive director is not set by law, that salary shall be set by the State Personnel Board.  No employees of the Division of Medicaid shall be considered to be staff members of the immediate Office of the Governor; however, the provisions of Section 25-9-107(c)(xv) shall apply to the executive director and other administrative heads of the division.

     (3)  (a)  There is established a Medical Care Advisory Committee, which shall be the committee that is required by federal regulation to advise the Division of Medicaid about health and medical care services.

          (b)  The advisory committee shall consist of not less than eleven (11) members, as follows:

              (i)  The Governor shall appoint five (5) members, one (1) from each congressional district and one (1) from the state at large;

              (ii)  The Lieutenant Governor shall appoint three (3) members, one (1) from each Supreme Court district;

              (iii)  The Speaker of the House of Representatives shall appoint three (3) members, one (1) from each Supreme Court district.

     All members appointed under this paragraph shall either be health care providers or consumers of health care services.  One (1) member appointed by each of the appointing authorities shall be a board certified physician.

          (c)  The respective Chairmen of the House Medicaid Committee, the House Public Health and Human Services Committee, the House Appropriations Committee, the Senate Public Health and Welfare Committee and the Senate Appropriations Committee, or their designees, two (2) members of the State Senate appointed by the Lieutenant Governor and one (1) member of the House of Representatives appointed by the Speaker of the House, shall serve as ex officio nonvoting members of the advisory committee.

          (d)  In addition to the committee members required by paragraph (b), the advisory committee shall consist of such other members as are necessary to meet the requirements of the federal regulation applicable to the advisory committee, who shall be appointed as provided in the federal regulation.

          (e)  The chairmanship of the advisory committee shall be elected by the voting members of the committee annually and shall not serve more than two (2) consecutive terms of office.

          (f)  The members of the advisory committee specified in paragraph (b) shall serve for terms that are concurrent with the terms of members of the Legislature, and any member appointed under paragraph (b) may be reappointed to the advisory committee.  The members of the advisory committee specified in paragraph (b) shall serve without compensation, but shall receive reimbursement to defray actual expenses incurred in the performance of committee business as authorized by law.  Legislators shall receive per diem and expenses, which may be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session.

          (g)  The advisory committee shall meet not less than quarterly, and advisory committee members shall be furnished written notice of the meetings at least ten (10) days before the date of the meeting.

          (h)  The executive director shall submit to the advisory committee all amendments, modifications and changes to the state plan for the operation of the Medicaid program, for review by th