MISSISSIPPI LEGISLATURE
2022 Regular Session
To: Appropriations
By: Senator(s) Hopson, Polk, Butler (36th), DeBar, Frazier, Michel, Parks, Williams, Branning, Jordan, McLendon, Moran, Parker
AN ACT MAKING AN APPROPRIATION FROM THE CORONAVIRUS STATE FISCAL RECOVERY FUND TO THE DEPARTMENT OF MENTAL HEALTH FOR THE PURPOSE OF ASSISTING WITH BEHAVIORAL AND MENTAL HEALTH NEEDS EXACERBATED BY THE COVID-19 PUBLIC HEALTH EMERGENCY, RESPONDING TO OTHER PUBLIC HEALTH IMPACTS, ASSISTING COMMUNITY MENTAL HEALTH CENTERS, AND OTHER OPERATIONAL EXPENSES ALLOWABLE UNDER THE AMERICAN RESCUE PLAN ACT; AND FOR RELATED PURPOSES.
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 to the credit of the Coronavirus State Fiscal Recovery Fund to the Department of Mental Health for the purposes described in this section, for the period beginning on July 1, 2021, and ending June 30, 2022..........................
............................................. $ 86,069,500.00.
The funds appropriated under this section are for the purpose of assisting with behavioral and mental health needs exacerbated by the Coronavirus Disease 2019 (COVID-19) pandemic, responding to other public health impacts, and other operational expenses as allowed under Section 9901 of the American Rescue Plan Act of 2021 (ARPA) or any guidance or regulation issued by the United States Department of the Treasury in conformity therewith.
SECTION 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money to the credit of the Coronavirus State Fiscal Recovery Fund to the Department of Mental Health for the purposes described in this section, for the period beginning on July 1, 2021, and ending June 30, 2022..........................
............................................. $ 18,550,000.00.
The funds appropriated under this section are for the purpose of providing funding to the Department of Mental Health, which shall be utilized at Community Mental Health Centers (CMHCs) or for the benefit of CMHCs to allow for investments in software, databases, telemedicine capabilities, and other information technology resources that support behavioral and mental health needs exacerbated by the Coronavirus Disease 2019 (COVID-19) pandemic, responding to other public health impacts, and other operational expenses as allowed under Section 9901 of the American Rescue Plan Act of 2021 (ARPA) or any guidance or regulation issued by the United States Department of the Treasury in conformity therewith.
SECTION 3. It is the intention of the Legislature that no funds appropriated under this act shall be used to pay employee premium payments.
SECTION 4. As a condition of receiving the funds appropriated in Section 2 of this act, the Department of Mental Health shall obtain advice from the Office of the Coordinator of Mental Health Accessibility when determining the utilization of funds.
SECTION 5. (1) As used in this section and Section 6 of this act, the term "department" means the Department of Mental Health.
(2) The department shall not disburse any funds appropriated under this act to any recipient without first: (a) making an individualized determination that the reimbursement sought is, in the department's independent judgment, for necessary expenditures eligible under Section 602 of the federal Social Security Act as added by Section 9901 of the federal American Rescue Plan Act of 2021 (ARPA) and its implementing guidelines, guidance, rules, regulations and/or other criteria, as may be amended or supplemented from time to time, by the United States Department of the Treasury; and (b) determining that the recipient has not received and will not receive reimbursement for the expense in question from any source of funds, including insurance proceeds, other than those funds provided under Section 602 of the federal Social Security Act as added by Section 9901 of (ARPA). In addition, the department shall ensure that all funds appropriated under this act are disbursed in compliance with the Single Audit Act (31 USC Sections 7501-7507) and the related provisions of the Uniform Guidance, 2 CFR Section 200.303 regarding internal controls, Sections 200.330 through 200.332 regarding sub-recipient monitoring and management, and subpart F regarding audit requirements.
SECTION 6. (1) As a condition of receiving and expending the funds appropriated to the department under this act, the department shall certify to the Department of Finance and Administration that each expenditure of the funds appropriated to the department under this act complies with the guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies from the Coronavirus State Fiscal Recovery Fund established by the American Rescue Plan Act of 2021.
(2) If the Office of Inspector General of the United States Department of the Treasury, or the Office of Inspector General of any other federal agency having oversight over the use of monies from the Coronavirus State Fiscal Recovery Fund established by the American Rescue Plan Act of 2021 (a) determines that the department or recipient has expended or otherwise used any of the funds appropriated to the department under this act for any purpose that is not in compliance with the guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies from the Coronavirus State Fiscal Recovery Fund established by the American Rescue Plan Act of 2021, and (b) the State of Mississippi is required to repay the federal government for any of those funds that the Office of the Inspector General determined were expended or otherwise used improperly by the department or recipient, then the department or recipient that expended or otherwise used those funds improperly shall be required to pay the amount of those funds to the State of Mississippi for repayment to the federal government.
SECTION 7. The money appropriated by this act shall be paid by the State Treasurer out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his or her warrants upon requisitions signed by the proper person, officer or officers in the manner provided by law.
SECTION 8. This act shall take effect and be in force from and after its passage.