MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Public Health and Welfare

By: Representative Moody

AN ACT TO AMEND SECTION 43-13-107, MISSISSIPPI CODE OF 1972, TO REVISE THE MEMBERSHIP AND DUTIES OF AND OTHER PROVISIONS GOVERNING THE MEDICAL CARE ADVISORY COMMITTEE FOR THE DIVISION OF MEDICAID; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 43-13-107, Mississippi Code of 1972, as amended by Senate Bill No. 2143, 1999 Regular Session, which became law after veto by approval of the Legislature during the 2000 Regular Session, is amended as follows:

43-13-107. (1) The Division of Medicaid is created in the Office of the Governor and established to administer this article and perform such other duties as are prescribed by law.

(2) The Governor shall appoint a full-time director, with the advice and consent of the Senate, who shall be either a physician with administrative experience in a medical care or health program or a person holding a graduate degree in medical care administration, public health, hospital administration, or the equivalent, and who shall serve at the will and pleasure of the Governor. The director shall be the official secretary and legal custodian of the records of the division; shall be the agent of the division for the purpose of receiving all service of process, summons and notices directed to the division; and shall perform such other duties as the Governor shall, from time to time, prescribe. The director, with the approval of the Governor and the rules and regulations of the State Personnel Board, shall employ such professional, administrative, stenographic, secretarial, clerical and technical assistance as may be necessary to perform the duties required in administering this article and fix the compensation therefor, all in accordance with a state merit system meeting federal requirements, except that when the salary of the director is not set by law, such salary shall be set by the State Personnel Board. No employees of the Division of Medicaid shall be considered to be staff members of the immediate Office of the Governor; however, the provisions of Section 25-9-107(xv) shall apply to the director and other administrative heads of the Division.

(3) (a) There is established a Medical Care Advisory Committee, which shall be the committee that is required by 42 CFR Part 431.12, or subsequent federal regulation, to advise the Division of Medicaid about health and medical care services and to ensure that the policies and programs of the state are implemented in the best interests of the citizens of the state.

(b) The Medical Care Advisory Committee shall consist of not less than fifteen (15) members, as follows:

(i) The Governor shall appoint at least nine (9) members, with one (1) member appointed from each congressional district as presently constituted and four (4) members appointed from the state at large;

(ii) The Lieutenant Governor shall appoint three (3) members, one (1) from each Supreme Court district; and

(iii) The Speaker of the House of Representatives shall appoint three (3) members, one (1) from each Supreme Court district.

Each member appointed under this paragraph shall either be a health care provider or consumer of health care services. At least one (1) member appointed by each of the appointing authorities shall be a board certified physician who participates in the Medicaid program.

(c) The respective chairmen of the House Public Health and Welfare Committee, the House Appropriations Committee, the Senate Public Health and Welfare Committee and the Senate Appropriations Committee, or their designees, one (1) member of the State Senate appointed by the Lieutenant Governor and one (1) member of the House of Representatives appointed by the Speaker of the House, shall serve as ex officio nonvoting members of the advisory committee.

(d) In addition to the committee members required by paragraph (b), the Medical Care Advisory Committee shall consist of such other members as are necessary to meet the requirements of the federal regulations or law applicable to the Medical Care Advisory Committee, who shall be appointed by the Governor, unless otherwise required in the federal regulations or law.

(e) The chairmanship of the Medical Care Advisory Committee shall be selected by the Governor for a term of one (1) year and any person appointed as chairman may be reappointed as chairman for additional terms.

(f) The members of the Medical Care Advisory Committee specified in paragraph (b) shall serve for terms that are concurrent with the terms of their respective appointing authorities, and any member appointed under paragraph (b) may be reappointed to the advisory committee. The members of the advisory committee specified in paragraph (b) shall serve without compensation, but shall receive per diem and reimbursement to defray actual expenses incurred in the performance of committee business as authorized by law. Legislators shall receive per diem and expenses which may be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session.

(g) The Medical Care Advisory Committee shall meet at least once every quarter, and advisory committee members shall be furnished written notice of the meetings at least ten (10) days before the date of the meeting.

(h) The Executive Director of the Division of Medicaid shall submit to the Medical Care Advisory Committee all amendments, modifications and changes to the state plan for the operation of the Medicaid program for review and comment by the advisory committee before the amendments, modifications or changes are implemented by the division. Comments from the advisory committee may be made by mail if an advisory committee meeting cannot be held in time to comment on any amendments, modifications or changes.

(i) The Medical Care Advisory Committee, among its duties and responsibilities, shall:

(i) Advise the division with respect to amendments, modifications and changes to the state plan for the operation of the Medicaid program;

(ii) Advise the division with respect to issues concerning receipt and disbursement of funds and eligibility for medical assistance;

(iii) Advise the division with respect to determining the quantity, quality and extent of medical care provided under this article;

(iv) Communicate the views of health care providers to the division and communicate the views of the division to health care providers;

(v) Gather information on reasons that health care providers do not participate in the Medicaid program and changes that could be made in the program to encourage more providers to participate in the Medicaid program, and advise the division with respect to encouraging physicians and other health care providers to participate in the Medicaid program; and

(vi) Provide a written report on or before November 30 of each year to the Governor, Lieutenant Governor and Speaker of the House of Representatives.

SECTION 2. This act shall take effect and be in force from and after its passage.