MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Public Health and Welfare; Appropriations
By: Senator(s) Boyd, Barnett, Barrett, Blackwell, Branning, Butler, Carter, Caughman, Chassaniol, DeLano, England, Fillingane, Frazier, Horhn, Jackson (11th), Jackson (32nd), Jordan, McCaughn, McLendon, Moran, Norwood, Parker, Parks, Seymour, Simmons (12th), Simmons (13th), Sparks, Suber, Tate, Thomas, Thompson, Whaley, Williams, Younger
AN ACT TO ESTABLISH THE MISSISSIPPI DEMENTIA CARE PILOT PROGRAM WITHIN THE DEPARTMENT OF HUMAN SERVICES FOR THE PURPOSE OF PROVIDING SUPPORT SERVICES TO INFORMAL CAREGIVERS OF INDIVIDUALS WITH ALZHEIMER'S DISEASE OR RELATED DEMENTIA AND TO THOSE LIVING WITH ALZHEIMER'S AND RELATED DEMENTIA; TO AUTHORIZE THE DEPARTMENT OF HUMAN SERVICES TO ADMINISTER AND PROMOTE THE PROGRAM; TO PRESCRIBE THE BASIC COMPONENTS OF SERVICES TO BE OFFERED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Jimmy Kaigler Alzheimer's Support Act." James Streett "Jimmy" Kaigler was born and raised in Clarksdale, Mississippi, and was a graduate of the University of Mississippi. Kaigler served as a Captain in the United States Air Force from 1966 to 1972. Following his tour in Vietnam, Captain Kaigler was awarded the Bronze Star for meritorious service. Kaigler later worked as President and CEO of Memorial Hospital in Gulfport. This act shall serve as testament to Captain Kaigler's life as well as a tribute to the loving care provided by his wife and family.
SECTION 2. The Legislature finds that:
(a) Families caring for a loved one with Alzheimer's or a related dementia at home are often burdened with excessive financial or personal costs of providing continuous care;
(b) Medicare does not pay for long-term care or provide support to family caregivers;
(c) Long-term care insurance is costly and may not be affordable to low and middle income families and may not cover essential services for the length of time needed for an Alzheimer's patient;
(d) Providing respite care and other care services to those with Alzheimer's may delay or supplant the need for transfer to a long-term skilled nursing facility, allowing for the individual with Alzheimer's to remain in his home environment.
SECTION 3. As used in this act:
(a) "Alzheimer's disease or related dementia" refers to the diseases and conditions characterized by a decline in memory, language, problem-solving and other thinking skills that affect a person's ability to perform everyday activities.
(b) "Mississippi Dementia Care Program" means the Alzheimer's and dementia assistance pilot program created herein.
(c) "Executive director" means the Executive Director of the Mississippi Department of Human Services.
(d) "Informal caregiver" means any spouse, adult child, relative, or friend who provides unpaid assistance to an individual living in the community who suffers from Alzheimer's or other related dementia.
(e) "Home- and community-based services" means services supporting personal hygiene, toileting, dressing, maintaining personal appearance, meal delivery and homemaker services.
(f) "Respite care" means temporary, substitute support or living arrangements to provide a brief period of relief or rest for caregivers. Respite care may include in-home care by appropriately trained individuals, care in an adult day care or assisted living or nursing home setting for an intermittent, occasional or emergency basis.
SECTION 4. (1) Subject to appropriation, there is hereby established a pilot program known as the "Mississippi Dementia Care Program." This assistance program shall provide respite care services. These services shall be provided for the sole benefit of an individual experiencing the symptoms of Alzheimer's or a related dementia. This pilot program shall use existing respite care service infrastructure and selected fiscal agent to carry out operations. The pilot program shall offer enrollees respite care services.
(2) Subject to appropriation, the Mississippi Dementia Care Program shall:
(a) Be operated for a period of three (3) consecutive years commencing on July 1, 2022, and continuing through December 31, 2024;
(b) Begin enrolling participating individuals immediately upon commencement of the program; and
(c) The number of individuals actively served shall reach a minimum of sixty (60) enrollees for the first year of operation. The program shall maintain a minimum of sixty (60) new or continuing enrollees for the second and third year of operation.
(3) To receive assistance from the Mississippi Dementia Care Pilot program, the family unit must be assessed according to the guidelines developed by the department to determine the need for respite care services. This assessment must determine, at a minimum, that:
(a) The family unit is unable to pay for respite care without jeopardizing other basic needs, including, but not limited to, food, shelter and medications; and
(b) The homebound elderly individual for whom the family unit is caring is sixty (60) years of age or older, requires assistance to remain in the home, and, without this assistance, would need to move to an assisted living facility or a nursing facility.
(4) The Department of Human Services shall promulgate rules and regulations to effectuate the purposes of this act.
(5) The executive director shall report on the program as part of the agency's annual report beginning with the 2023 annual report and each year after for the duration of the pilot program. The report shall include, but is not limited to, the following information:
(a) Total spent on program funding;
(b) The amount of administrative costs to operate the program;
(c) The number of individuals and informal caregivers served by the program;
(d) The income ranges of the individuals and informal caregivers participating in this program; and
(e) The efficacy of the assistance program.
(6) This section does not create an entitlement to services through the provisions of this program as the services provided and the number of individuals served are subject to appropriations made for that purpose.
SECTION 5. This act shall take effect and be in force from and after January 1, 2022.