MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Public Health and Welfare; Appropriations

By: Representatives Moore, Weathersby

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

SECTION 1. Because the English language is the official language of the State of Mississippi, as provided in Section 3-3-31, it shall be the policy of the State of Mississippi that any person who receives a state license or receives state-funded public assistance must be able to speak and understand English.

SECTION 2. As used in this act, the following words shall have the meanings ascribed in this section:

(a) "License" means a license, certificate, permit, credential, registration, or any other authorization that allows a person to engage in a business, occupation or profession, or to operate a motor vehicle.

(b) "Public assistance benefits" means any payments or grants under the Aid to Families with Dependent Children (AFDC) program, medical assistance services under the Medicaid program, and any other economic assistance payments or services provided by the Department of Human Services that are funded in whole or in part with state funds.

SECTION 3. Any person who applies for a license issued by an agency, department or institution of the state or applies for public assistance benefits must demonstrate that he or she is able to speak and understand the English language before he or she will be eligible to receive the license or the public assistance benefits. The method used by state agencies to determine an applicant's abilities in English shall be developed by the State Department of Education and provided to the state agencies.

SECTION 4. Section 43-13-115, Mississippi Code of 1972, is amended as follows:

43-13-115. A. Recipients of medical assistance shall be the following persons only:

(1) Who are qualified for public assistance grants under provisions of Title IV-A and E of the Federal Social Security Act, as amended, including those statutorily deemed to be IV-A as determined by the State Department of Human Services and certified to the Division of Medicaid, but not optional groups unless otherwise specifically covered in this section.

(2) Those qualified for Supplemental Security Income (SSI) benefits under Title XVI of the Federal Social Security Act, as amended. The eligibility of individuals covered in this paragraph shall be determined by the Social Security Administration and certified to the Division of Medicaid.

(3) Qualified pregnant women as defined in Section 1905(n) of the Federal Social Security Act, as amended, and as determined to be eligible by the State Department of Human Services and certified to the Division of Medicaid, who:

(a) Would be eligible for aid to families with dependent children under Part A of Title IV (or would be eligible for such aid if coverage under the state plan under Part A of Title IV included aid to families with dependent children of unemployed parents pursuant to Section 407 of Title IV-A of the Federal Social Security Act, as amended) if her child had been born and was living with her in the month such aid would be paid, and such pregnancy has been medically verified; or

(b) Is a member of a family which would be eligible for aid under the state plan under Part A of Title IV of the Federal Social Security Act, as amended, pursuant to Section 407 if the plan required the payment of aid pursuant to such section.

(4) Qualified children who are under five (5) years of age, who were born after September 30, 1983, and who meet the income and resource requirements of the state plan under Part A of Title IV of the Federal Social Security Act, as amended. The eligibility of individuals covered in this paragraph shall be determined by the State Department of Human Services and certified to the Division of Medicaid.

(5) A child born on or after October 1, 1984, to a woman eligible for and receiving medical assistance under the state plan on the date of the child's birth shall be deemed to have applied for medical assistance and to have been found eligible for such assistance under such plan on the date of such birth and will remain eligible for such assistance for a period of one (1) year so long as the child is a member of the woman's household and the woman remains eligible for such assistance or would be eligible for assistance if pregnant. The eligibility of individuals covered in this paragraph shall be determined by the State Department of Human Services and certified to the Division of Medicaid.

(6) Children certified by the State Department of Human Services to the Division of Medicaid of whom the state and county human services agency has custody and financial responsibility, and children who are in adoptions subsidized in full or part by the Department of Human Services, who are approvable under Title XIX of the Medicaid program.

(7) (a) Persons certified by the Division of Medicaid who are patients in a medical facility (nursing home, hospital, tuberculosis sanatorium or institution for treatment of mental diseases), and who, except for the fact that they are patients in such medical facility, would qualify for grants under Title IV, supplementary security income benefits under Title XVI or state supplements, and those aged, blind and disabled persons who would not be eligible for supplemental security income benefits under Title XVI or state supplements if they were not institutionalized in a medical facility but whose income is below the maximum standard set by the Division of Medicaid, which standard shall not exceed that prescribed by federal regulation;

(b) Individuals who have elected to receive hospice care benefits and who are eligible using the same criteria and special income limits as those in institutions as described in subparagraph (a) of this paragraph (7).

(8) Children under eighteen (18) years of age and pregnant women (including those in intact families) who meet the AFDC financial standards of the state plan approved under Title IV-A of the Federal Social Security Act, as amended. The eligibility of children covered under this paragraph shall be determined by the State Department of Human Services and certified to the Division of Medicaid.

(9) Individuals who are:

(a) Children born after September 30, 1983, who have not attained the age of nineteen (19), with family income that does not exceed one hundred percent (100%) of the nonfarm official poverty line;

(b) Pregnant women, infants and children who have not attained the age of six (6), with family income that does not exceed one hundred thirty-three percent (133%) of the federal poverty level; and

(c) Pregnant women and infants who have not attained the age of one (1), with family income that does not exceed one hundred eighty-five percent (185%) of the federal poverty level.

The eligibility of individuals covered in (a), (b) and (c) of this paragraph shall be determined by the Department of Human Services.

(10) Certain disabled children age eighteen (18) or under who are living at home, who would be eligible, if in a medical institution, for SSI or a state supplemental payment under Title XVI of the Federal Social Security Act, as amended, and therefore for Medicaid under the plan, and for whom the state has made a determination as required under Section 1902(e)(3)(b) of the Federal Social Security Act, as amended. The eligibility of individuals under this paragraph shall be determined by the Division of Medicaid.

(11) Individuals who are sixty-five (65) years of age or older or are disabled as determined under Section 1614(a)(3) of the Federal Social Security Act, as amended, and who meet the following criteria:

(a) Whose income does not exceed one hundred percent (100%) of the nonfarm official poverty line as defined by the Office of Management and Budget and revised annually.

(b) Whose resources do not exceed those allowed under the Supplemental Security Income (SSI) Program.

The eligibility of individuals covered under this paragraph shall be determined by the Division of Medicaid, and such individuals determined eligible shall receive the same Medicaid services as other categorical eligible individuals.

(12) Individuals who are qualified Medicare beneficiaries (QMB) entitled to Part A Medicare as defined under Section 301, Public Law 100-360, known as the Medicare Catastrophic Coverage Act of 1988, and who meet the following criteria:

(a) Whose income does not exceed one hundred percent (100%) of the nonfarm official poverty line as defined by the Office of Management and Budget and revised annually.

(b) Whose resources do not exceed two hundred percent (200%) of the amount allowed under the Supplemental Security Income (SSI) Program as more fully prescribed under Section 301, Public Law 100-360.

The eligibility of individuals covered under this paragraph shall be determined by the Division of Medicaid, and such individuals determined eligible shall receive Medicare cost-sharing expenses only as more fully defined by the Medicare Catastrophic Coverage Act of 1988.

(13) Individuals who are entitled to Medicare Part B as defined in Section 4501 of the Omnibus Budget Reconciliation Act of 1990, and who meet the following criteria:

(a) Whose income does not exceed the percentage of the nonfarm official poverty line as defined by the Office of Management and Budget and revised annually which, on or after:

(i) January 1, 1993, is one hundred ten percent (110%); and

(ii) January 1, 1995, is one hundred twenty percent (120%).

(b) Whose resources do not exceed two hundred percent (200%) of the amount allowed under the Supplemental Security Income (SSI) Program as described in Section 301 of the Medicare Catastrophic Coverage Act of 1988.

The eligibility of individuals covered under this paragraph shall be determined by the Division of Medicaid, and such individuals determined eligible shall receive Medicare cost sharing.

(14) Effective from and after October 1, 1990, individuals in families who would be eligible for the AFDC unemployed parent program but do not receive AFDC payments. The eligibility of individuals covered in this paragraph shall be determined by the Department of Human Services.

(15) Disabled workers who are eligible to enroll in Part A Medicare as required by Public Law 101-239, known as the Omnibus Budget Reconciliation Act of 1989, and whose income does not exceed two hundred percent (200%) of the federal poverty level as determined in accordance with the Supplemental Security Income (SSI) Program. The eligibility of individuals covered under this paragraph shall be determined by the Division of Medicaid and such individuals shall be entitled to buy-in coverage of Medicare Part A premiums only under the provisions of this paragraph (15).

(16) In accordance with the terms and conditions of approved Title XIX waiver from the U.S. Department of Health and Human Services, persons provided home- and community-based services who are physically disabled and certified by the Division of Medicaid as eligible due to applying the income and deeming requirements as if they were institutionalized.

(17) In accordance with the terms of the federal Family Support Act of 1988 (P.L. 100-485), persons that become ineligible for AFDC because of increased earnings or hours of employment of the caretaker relative shall be eligible for Medicaid benefits for up to twelve (12) months.

(18) From and after July 1, 1995, individuals who are eligible to the extent of any federal waiver received by the state that waives any or all of the provisions of Title XIX or pursuant to any other federal law as adopted by amendment to the required Title XIX state plan. This paragraph (18) shall stand repealed from and after June 30, 1995.

B. Before a person will be eligible for medical assistance under this article, the person must demonstrate that he or she is able to speak and understand the English language, as required by Section 1 of this act.

SECTION 5. Section 43-17-1, Mississippi Code of 1972, is amended as follows:

43-17-1. Assistance may be granted under this chapter to any dependent child and a caretaker relative who are living in a suitable family home meeting the standards of care and health fixed by the laws of this state, and the rules and regulations of the State Department of Human Services. However, the eligibility for assistance of any child or caretaker relative to whom Sections 43-49-8 through 43-49-11, applies shall be determined under the applicable standards of the appropriate section, and any applicant who fails to comply with that section shall be suspended until such time as the eligibility requirements are met.

Before a person will be eligible for assistance under this chapter, the person must demonstrate that he or she is able to speak and understand the English language, as required by Section 1 of this act.

SECTION 6. This act shall take effect and be in force from and after July 1, 1997.