Senate Bill 2659

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 43-13-122, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DIVISION OF MEDICAID MAY ISSUE GRANTS FOR THE PURPOSES AUTHORIZED UNDER THE AMERICAN RESCUE PLAN ACT HOME AND COMMUNITY BASED SERVICES SPENDING PLAN AS APPROVED BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; TO AMEND SECTION 43-13-139, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT IF ANY STATE PLAN AMENDMENT SUBMITTED TO COMPLY WITH THE PROVISIONS OF SECTION 43-13-117 IS DISAPPROVED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, THE DIVISION MAY OPERATE UNDER THE STATE PLAN AS PREVIOUSLY APPROVED BY THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES IN ORDER TO PRESERVE FEDERAL MATCHING FUNDS. THE DIVISION SHALL PROVIDE NOTICE OF THE DISAPPROVAL TO THE CHAIRMEN OF THE HOUSE AND SENATE MEDICAID COMMITTEES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 43-13-122, Mississippi Code of 1972, is amended as follows:

43-13-122. (1) The division is authorized to apply to the Center for Medicare and Medicaid Services of the United States Department of Health and Human Services for waivers and research and demonstration grants.

(2) The division is further authorized to accept and expend any grants, donations or contributions from any public or private organization together with any additional federal matching funds that may accrue and, including, but not limited to, one hundred percent (100%) federal grant funds or funds from any governmental entity or instrumentality thereof in furthering the purposes and objectives of the Mississippi Medicaid program, provided that such receipts and expenditures are reported and otherwise handled in accordance with the * * * ~~General Fund Stabilization Act~~ state law. The Department of Finance and Administration is authorized to transfer monies to the division from special funds in the State Treasury in amounts not exceeding the amounts authorized in the appropriation to the division.

(3) The division may issue grants for the purposes authorized under the American Rescue Plan Act Home and Community Based Services Spending Plan as approved by the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services.

SECTION 2. Section 43-13-139, Mississippi Code of 1972, is amended as follows:

43-13-139. Nothing contained in this article shall be construed to prevent the Governor, in his discretion, from discontinuing or limiting medical assistance to any individuals who are classified or deemed to be within any optional group or optional category of recipients as prescribed under Title XIX of the federal Social Security Act or the implementing federal regulations. If the Congress or the United States Department of Health and Human Services ceases to provide federal matching funds for any group or category of recipients or any type of care and services, the division shall cease state funding for such group or category or such type of care and services, notwithstanding any provision of this article. If any state plan amendment submitted to comply with the provisions of Section 43-13-117 is disapproved by the United States Department of Health and Human Services, the division may operate under the state plan as previously approved by the United States Department of Health and Human Services in order to preserve federal matching funds. The division shall provide notice of the disapproval to the Chairmen of the House and Senate Medicaid Committees.

SECTION 3. This act shall take effect and be in force from and after its passage.