***Pending***

AMENDMENT No. 1 TO AMENDMENT No. 1 PROPOSED TO

Senate Bill NO. 2537

By Representative(s) Robertson

AMEND by inserting the following paragraph after line 1293:

Notwithstanding any provision in this paragraph (c) to the contrary, from and after July 1, 1999, any of the twenty-five (25) beds in the DeSoto County facility that are prohibited by this paragraph (c) from participation in the Medicaid program may be certified for participation in the Medicaid program, and claims may be submitted for Medicaid reimbursement for persons in any of those twenty-five (25) beds, if the persons in those beds for which Medicaid reimbursement claims are submitted are Mississippi residents who were being treated in out-of-state psychiatric residential treatment facilities on July 1, 1999, and if it will be less expensive to the Medicaid program, as determined by the Division of Medicaid, for those persons to receive psychiatric residential treatment facility services in those beds in the DeSoto County facility than for the persons to receive such services in out-of-state beds. In addition, from and after July 1, 1999, any of those twenty-five (25) beds in the DeSoto County facility may be certified for participation in the Medicaid program, and claims may be submitted for Medicaid reimbursement for persons in any of those twenty-five (25) beds, if the persons in those beds for which Medicaid reimbursement claims are submitted are persons who reside in Mississippi within a one hundred-mile radius of the DeSoto County facility, or are persons who are first placed in psychiatric residential treatment facility services by the youth courts or the Department of Human Services after June 30, 1999, and are placed in the DeSoto County facility, or are persons who are referred by other health care providers to the DeSoto County facility for treatment after June 30, 1999. However, the youth courts and the Department of Human Services shall not place any person who is eligible for Medicaid in any of those twenty-five (25) beds in the DeSoto County facility unless there are no other psychiatric residential treatment facility beds certified for Medicaid reimbursement that are available in Mississippi for such placement on the date that the placement is made, but the youth courts and the Department of Human Services shall consider placing persons who need psychiatric residential treatment facility services and who are eligible for Medicaid in any of those twenty-five (25) beds in the DeSoto County facility before placing the persons in any out-of-state facility. In addition, the DeSoto County facility shall not be authorized to accept any placement by the youth courts or the Department of Human Services of any person who is eligible for Medicaid and who will receive treatment in any of those twenty-five (25) beds, and shall not accept any referral by a health care provider of any person who is eligible for Medicaid and who will receive treatment in any of those twenty-five (25) beds, unless there are no other psychiatric residential treatment facility beds certified for Medicaid reimbursement that are available in Mississippi for such placement or treatment at the time that the person is admitted to the DeSoto County facility. A written or oral representation made by the director or administrator of a psychiatric residential treatment facility to the director or administrator of the DeSoto County facility or his designee that the facility has no psychiatric residential treatment facility beds certified for Medicaid reimbursement that are available at the time of the representation shall be a sufficient determination by the DeSoto County facility that there are no psychiatric residential treatment facility beds certified for Medicaid reimbursement available at that facility for placement or treatment at the time a person is admitted to the DeSoto County facility, if the representation is recorded and maintained in writing by the DeSoto County facility and the person is admitted to the DeSoto County facility within five (5) days after the representation is made. The provisions of this paragraph regarding participation in the Medicaid program for any of those twenty-five (25) beds in the DeSoto County facility shall be fully binding on any subsequent owner of the DeSoto County facility if the ownership of the facility is transferred at any time after July 1, 1999.

 

AMEND FURTHER the title on line 9 by inserting the following after the semicolon:

TO AUTHORIZE CERTAIN BEDS AT A PSYCHIATRIC RESIDENTIAL TREATMENT FACILITY IN DESOTO COUNTY TO BE CERTIFIED FOR PARTICIPATION IN MEDICAID UNDER CERTAIN CONDITIONS;