House Bill 35

AN ACT TO CREATE THE MISSISSIPPI RX KIDS PROGRAM AS A PILOT PROGRAM TO PROVIDE TARGETED TIME-LIMITED ECONOMIC ASSISTANCE TO ALL PREGNANT WOMEN IN THOSE COUNTIES WHO ARE EXPERIENCING AN ACUTE ECONOMIC HARDSHIP DURING THEIR PREGNANCY AND FOR TWELVE MONTHS AFTER GIVING BIRTH; TO SPECIFY THE ELIGIBILITY CRITERIA FOR THE PROGRAM AND AMOUNTS OF CASH PRESCRIPTIONS THAT THE WOMAN IS ELIGIBLE TO RECEIVE; TO PROVIDE THAT THE PROGRAM IS A PUBLIC-PRIVATE PARTNERSHIP THAT COMBINES PUBLIC FUNDING FROM STATE AND FEDERAL SOURCES WITH PRIVATE FUNDING; TO PROVIDE THAT THE PROGRAM SHALL BE BASED AT AND ADMINISTERED BY THE UNIVERSITY OF MISSISSIPPI MEDICAL CENTER; TO PROVIDE UMMC SHALL CONTRACT WITH A NONPROFIT ENTITY TO PROVIDE FOR THE ADMINISTRATION OF THE PROGRAM; TO PROVIDE THAT THE CASH PRESCRIPTIONS ARE CONSIDERED TO BE NONTAXABLE PRIVATE GIFTS MADE BY THE NONPROFIT ENTITY; TO PROVIDE THAT THE NONPROFIT ENTITY SHALL DISTRIBUTE THE PRESCRIPTIONS AS DIRECT DEPOSITS FOR FINANCIAL INSTITUTIONS OR THROUGH RELOADABLE DEBIT CARDS; TO PROVIDE THAT ALL CASH PRESCRIPTIONS SHALL BE FUNDED USING A MIXTURE OF PRIVATE AND PUBLIC FUNDS; TO PROVIDE THAT THE PROGRAM SHALL USE TANF FUNDS THROUGH "NON-RECURRENT SHORT-TERM BENEFITS" (NRST) FOR THE PRENATAL TRANSFERS AND THE FIRST THREE MONTHS OF INFANT TRANSFERS FOR ALL MEDICAID-COVERED PRENATAL CARE AND BIRTHS; TO PROVIDE THAT THE PROGRAM MUST USE OTHER PUBLIC NON-TANF FUNDS OR PRIVATE FUNDS FOR THE OTHER NINE MONTHS OF INFANT TRANSFERS AND FOR ALL PRENATAL CARE AND BIRTHS THAT ARE NOT COVERED BY MEDICAID; TO DIRECT THE DEPARTMENT OF HUMAN SERVICES AMEND THE STATE PLANS OF CERTAIN PUBLIC BENEFITS PROGRAMS TO EXCLUDE ALL CASH PRESCRIPTIONS UNDER THE PROGRAM FROM THE INCOME CALCULATORS FOR THOSE PROGRAMS AND TO APPLY FOR ANY NECESSARY FEDERAL WAIVERS, IN ORDER TO PROTECT THOSE PUBLIC BENEFITS FOR WHICH ELIGIBILITY IS INCOME BASED FOR PROGRAM PARTICIPANTS TO THE GREATEST EXTENT POSSIBLE; TO PROVIDE THAT THE PILOT PROGRAM SHALL BE OPERATED FOR A PERIOD OF THREE YEARS; TO PROVIDE THAT DURING THE PERIOD OF OPERATION AND AT THE END OF THE PROGRAM, UMMC SHALL MEASURE AND EVALUATE THE OUTCOMES OF BIRTHS IN THE COUNTIES IN THE PROGRAM AND PROVIDE SUCH INFORMATION TO THE LEGISLATURE; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) There is created the Mississippi Rx Kids Program as a pilot program in Sunflower County and Jones County to provide targeted time-limited economic assistance to all pregnant women in those counties who are experiencing an acute economic hardship during their pregnancy and for twelve (12) months after giving birth. For the purpose of the program, a "period of acute economic hardship" for families is defined as the end of pregnancy and childbirth.

(2) Under the program, a woman who is a resident of a county in the program who is more than sixteen (16) weeks pregnant as documented by a licensed health care provider is eligible to receive one (1) prenatal cash prescription of One Thousand Five Hundred Dollars ($1,500.00) during her pregnancy, made in three (3) transfers of Five Hundred Dollars ($500.00) each at twenty (20) weeks, thirty (30) weeks and at the time of birth, and a monthly cash prescription of Five Hundred Dollars ($500.00) during the child's first twelve (12) months of life.

(3) The program is a public-private partnership that combines public funding from state and federal sources with private funding from philanthropy, foundations, businesses, health care systems and other private contributions.

(4) The program shall be based at and administered by the University of Mississippi Medical Center. UMMC shall contract with a nonprofit entity to provide for the administration of the program, which includes outreach, enrollment and cash delivery systems. The cash prescriptions are considered to be nontaxable private gifts made by the nonprofit entity, and the nonprofit entity shall distribute the prescriptions as direct deposits for financial institutions or through reloadable debit cards. All cash prescriptions shall be funded using a mixture of private and public funds.

(5) (a) The program shall use TANF funds through "non-recurrent short-term benefits" (NRST) for the prenatal transfers and the first three (3) months of infant transfers for all Medicaid-covered prenatal care and births. The program must use other public non-TANF funds or private funds for the other nine (9) months of infant transfers and for all prenatal care and births that are not covered by Medicaid.

(b) The Department of Human Services shall amend the TANF state plan to allow TANF funds received by the state to be used for funding the prenatal transfers and the first three (3) months of infant transfers in the program for Medicaid-covered prenatal care and births through a NRST mechanism.

(c) Under federal law and regulations, NRST benefits are designed to deal with a specific crisis situation or episode of need, so for the purpose of the program, childbirth is defined to be "the specific crisis situation and episode of need" to be addressed by the NRST benefits.

(6) To protect other public benefits for which eligibility is income based for program participants to the greatest extent possible, the Department of Human Services shall take the following actions:

(a) Amend the TANF state plan to exclude from TANF income calculators all cash prescriptions under the program;

(b) Amend the SNAP state plan to exclude from SNAP income calculators all cash prescriptions under the program in the same amounts as excluded for TANF benefits;

(c) Amend the Child Care Development Fund (CCDF) state plan to exclude from Child Care Payment Program (CCPP) income calculators all cash prescriptions under the program; and

(d) Apply for any federal waivers determined to be necessary to ensure that cash prescriptions received by participants in the program are not considered as income of the participants in determining eligibility for any benefit program administered by the department.

(7) The pilot program shall be operated for a period of three (3) years. During the period of operation and at the end of the program, UMMC shall measure and evaluate the outcomes of births in the counties in the program, including, but not limited to, the following, and provide such information to the Legislature:

(a) The annual percentage change in the initiation of first-trimester prenatal care;

(b) The annual percentage change in receipt of adequate prenatal care;

(d) The annual percentage change in the number of preterm births;

(e) The annual percentage change in the number of low birthweight births;

(f) The annual percentage change in neonatal intensive care unit (NICU) admissions; and

(g) The annual percentage change in incidences of postpartum depression.

SECTION 2. This act shall take effect and be in force from and after July 1, 2026.