Senate Bill NO. 3281

By Representative(s) Committee

SECTION 1. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State General Fund not otherwise appropriated, for the support and maintenance of the Department of Mental Health for the fiscal year beginning July 1, 2000, and ending June 30, 2001

$ 219,333,275.00.

SECTION 2. The following sum, or so much thereof as may be necessary, is hereby authorized for expenditure out of any special source funds which are collected by or otherwise become available for the support and maintenance of the Department of Mental Health for the fiscal year beginning July 1, 2000, and ending June 30, 2001 $ 231,838,355.00.

SECTION 3. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Health Care Expendable Fund, for the support and maintenance of the Department of Mental Health for the fiscal year beginning July 1, 2000, and ending June 30, 2001

$ 7,500,000.00.

The funds appropriated in this section shall be allocated as follows:

$ 750,000.00 Alzheimer's Disease Services Development and

Implementation of Senate Bill No. 2100, 1997

Regular Session

$ 500,000.00 Psychotropic Drugs

$ 1,000,000.00 Alzheimer's Disease Program, Prepayment to

Medicaid, etc.

$ 3,000,000.00 Crisis Centers, Holding Centers, Group Homes,

Substance Abuse Programs, Children Programs,

Prepayment of Medicaid, etc.

$ 2,250,000.00 Physician Services at Community Mental Health

Centers.

_____________

$ 7,500,000.00 Total

SECTION 4. Of the funds appropriated under the provisions of Sections 1 and 3, and authorized for expenditure under the provisions of Section 2, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:

CENTRAL OFFICE

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 4,284,924.00

Travel and Subsistence 334,974.00

Contractual Services 1,189,396.00

Commodities 204,000.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 131,300.00

Subsidies, Loans and Grants 1,500,000.00

Total $ 7,644,594.00

FUNDING:

General Funds $ 2,416,947.00

Special Funds 5,227,647.00

Total $ 7,644,594.00

AUTHORIZED POSITIONS:

Permanent: Full Time 65

Part Time 0

Time-Limited: Full Time 24

Part Time 0

ELLISVILLE STATE SCHOOL AND FARM

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 42,687,481.00

Travel and Subsistence 102,573.00

Contractual Services 3,640,586.00

Commodities 4,720,643.00

Capital Outlay:

Other Than Equipment 329,200.00

Equipment 719,239.00

Subsidies, Loans and Grants 12,310,634.00

Total $ 64,510,356.00

FUNDING:

General Funds $ 18,431,646.00

Special Funds 46,078,710.00

Total $ 64,510,356.00

AUTHORIZED POSITIONS:

Permanent: Full Time 1,525

Part Time 32

Time-Limited: Full Time 43

Part Time 0

EAST MISSISSIPPI STATE HOSPITAL

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 38,305,593.00

Travel and Subsistence 54,756.00

Contractual Services 2,811,397.00

Commodities 5,612,957.00

Capital Outlay:

Other Than Equipment 200,000.00

Equipment 471,511.00

Subsidies, Loans and Grants 2,288,875.00

Total $ 49,745,089.00

FUNDING:

General Funds $ 35,869,461.00

Special Funds 13,875,628.00

Total $ 49,745,089.00

AUTHORIZED POSITIONS:

Permanent: Full Time 1,343

Part Time 6

Time-Limited: Full Time 121

Part Time 0

HUDSPETH REGIONAL CENTER

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 25,659,102.00

Travel and Subsistence 115,776.00

Contractual Services 2,504,330.00

Commodities 3,257,157.00

Capital Outlay:

Other Than Equipment 250,000.00

Equipment 637,211.00

Subsidies, Loans and Grants 8,226,325.00

Total $ 40,649,901.00

FUNDING:

General Funds $ 8,698,528.00

Special Funds 31,951,373.00

Total $ 40,649,901.00

AUTHORIZED POSITIONS:

Permanent: Full Time 889

Part Time 28

Time-Limited: Full Time 48

Part Time 0

MISSISSIPPI STATE HOSPITAL

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 86,437,508.00

Travel and Subsistence 127,750.00

Contractual Services 10,018,377.00

Commodities 9,515,014.00

Capital Outlay:

Other Than Equipment 471,000.00

Equipment 1,308,771.00

Subsidies, Loans and Grants 7,197,915.00

Total $ 115,076,335.00

FUNDING:

General Funds $ 81,123,528.00

Special Funds 33,952,807.00

Total $ 115,076,335.00

AUTHORIZED POSITIONS:

Permanent: Full Time 2,761

Part Time 11

Time-Limited: Full Time 219

Part Time 0

NORTH MISSISSIPPI REGIONAL CENTER

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 25,433,154.00

Travel and Subsistence 144,946.00

Contractual Services 3,405,095.00

Commodities 3,819,213.00

Capital Outlay:

Other Than Equipment 71,500.00

Equipment 987,771.00

Subsidies, Loans and Grants 9,020,412.00

Total $ 42,882,091.00

FUNDING:

General Funds $ 10,929,294.00

Special Funds 31,952,797.00

Total $ 42,882,091.00

AUTHORIZED POSITIONS:

Permanent: Full Time 825

Part Time 12

Time-Limited: Full Time 100

Part Time 13

SOUTH MISSISSIPPI REGIONAL CENTER

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 19,542,204.00

Travel and Subsistence 97,965.00

Contractual Services 2,853,252.00

Commodities 2,260,951.00

Capital Outlay:

Other Than Equipment 175,000.00

Equipment 607,293.00

Subsidies, Loans and Grants 6,597,217.00

Total $ 32,133,882.00

FUNDING:

General Funds $ 8,551,243.00

Special Funds 23,582,639.00

Total $ 32,133,882.00

AUTHORIZED POSITIONS:

Permanent: Full Time 602

Part Time 8

Time-Limited: Full Time 101

Part Time 4

BOSWELL REGIONAL CENTER

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 15,733,153.00

Travel and Subsistence 60,145.00

Contractual Services 2,449,950.00

Commodities 2,143,559.00

Capital Outlay:

Other Than Equipment 257,250.00

Equipment 753,919.00

Subsidies, Loans and Grants 4,384,333.00

Total $ 25,782,309.00

FUNDING:

General Funds $ 9,987,070.00

Special Funds 15,795,239.00

Total $ 25,782,309.00

AUTHORIZED POSITIONS:

Permanent: Full Time 501

Part Time 3

Time-Limited: Full Time 85

Part Time 2

NORTH MISSISSIPPI STATE HOSPITAL

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 5,260,524.00

Travel and Subsistence 30,000.00

Contractual Services 988,343.00

Commodities 784,292.00

Capital Outlay:

Other Than Equipment 40,000.00

Equipment 300,102.00

Subsidies, Loans and Grants 1,000,000.00

Total $ 8,403,261.00

FUNDING:

General Funds $ 6,803,261.00

Special Funds 1,600,000.00

Total $ 8,403,261.00

AUTHORIZED POSITIONS:

Permanent: Full Time 146

Part Time 0

Time-Limited: Full Time 5

Part Time 0

SOUTH MISSISSIPPI STATE HOSPITAL

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 3,872,458.00

Travel and Subsistence 20,000.00

Contractual Services 927,383.00

Commodities 559,846.00

Capital Outlay:

Other Than Equipment 20,000.00

Equipment 255,800.00

Subsidies, Loans and Grants 1,000,000.00

Total $ 6,655,487.00

FUNDING:

General Funds $ 5,655,487.00

Special Funds 1,000,000.00

Total $ 6,655,487.00

AUTHORIZED POSITIONS:

Permanent: Full Time 120

Part Time 0

Time-Limited: Full Time 5

Part Time 0

CENTRAL MISSISSIPPI RESIDENTIAL CENTER

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 818,815.00

Travel and Subsistence 28,000.00

Contractual Services 433,877.00

Commodities 607,335.00

Capital Outlay:

Other Than Equipment 680,524.00

Equipment 131,789.00

Subsidies, Loans and Grants 1,548.00

Total $ 2,701,888.00

FUNDING:

General Funds $ 2,701,888.00

Special Funds 0.00

Total $ 2,701,888.00

AUTHORIZED POSITIONS:

Permanent: Full Time 32

Part Time 0

Time-Limited: Full Time 5

Part Time 0

BROOKHAVEN JUVENILE FACILITY

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 3,826,913.00

Travel and Subsistence 31,500.00

Contractual Services 778,925.00

Commodities 527,696.00

Capital Outlay:

Other Than Equipment 57,500.00

Equipment 371,865.00

Subsidies, Loans and Grants 156,000.00

Total $ 5,750,399.00

FUNDING:

General Funds $ 5,750,399.00

Special Funds 0.00

Total $ 5,750,399.00

AUTHORIZED POSITIONS:

Permanent: Full Time 118

Part Time 0

Time-Limited: Full Time 10

Part Time 0

SERVICE BUDGET

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 0.00

Travel and Subsistence 0.00

Contractual Services 1,473,773.00

Commodities 0.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 0.00

Subsidies, Loans and Grants 51,443,890.00

Total $ 52,917,663.00

FUNDING:

General Funds $ 22,414,523.00

Special Funds 30,503,140.00

Total $ 52,917,663.00

AUTHORIZED POSITIONS:

Permanent: Full Time 0

Part Time 0

Time-Limited: Full Time 0

Part Time 0

DIVISION OF ALCOHOL AND DRUG ABUSE

MAJOR OBJECTS OF EXPENDITURE:

Personal Services:

Salaries, Wages and Fringe Benefits $ 290,065.00

Travel and Subsistence 23,100.00

Contractual Services 45,600.00

Commodities 8,700.00

Capital Outlay:

Other Than Equipment 0.00

Equipment 21,000.00

Subsidies, Loans and Grants 3,429,910.00

Total $ 3,818,375.00

FUNDING:

General Funds $ 0.00

Special Funds 3,818,375.00

Total $ 3,818,375.00

AUTHORIZED POSITIONS:

Permanent: Full Time 7

Part Time 0

Time-Limited: Full Time 0

Part Time 0

Any transfers or escalations shall be made in accordance with the terms, conditions, and procedures established by law.

No general funds authorized to be expended herein shall be used to replace federal funds and/or other special funds which are being used for salaries authorized under the provisions of this act and which are withdrawn and no longer available.

With the funds herein appropriated, it is the intention of the Legislature that it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2002 do not exceed Fiscal Year 2001 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2002 budget by the Mississippi Legislature. Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act. It shall be the responsibility of the agency head to insure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2001 appropriation for "Personal Services" when annualized. If, at the end of any calendar month, the State Personnel Board determines that the agency has taken action(s) which would cause the agency to exceed this projected annual cost or the Fiscal Year 2001 "Personal Services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.

Of the general funds appropriated to the "Service Budget" in the category "Subsidies, Loans and Grants," the sum of Seventy-five Thousand Dollars ($75,000.00) may be used for Special Olympics and choir and tumbling team consisting of students from the institutions included in this act.

SECTION 5. Of the funds appropriated under the provisions of Section 1, authorized for expenditure in Section 2, and allocated in Section 4 to the "Central Office", funds are included for an Alzheimer's education and training program.

SECTION 6. Of the funds appropriated under the provisions of Section 1, authorized for expenditure in Section 2, and allocated in Section 4 to the "Central Office", funds are included to compensate part-time members of the Sexual Predator Review Board at an hourly rate not to exceed the hourly rate for similarly qualified and titled full-time state employees, plus fringe benefits allowable for such part-time employees.

SECTION 7. Of the funds appropriated under the provisions of Section 1, authorized for expenditure under the provisions of Section 2, and allocated under the provisions of Section 4, funds in the amount of Two Hundred Thousand Dollars

($200,000.00) may be expended for the support of a pilot project to provide authority for East Mississippi State Hospital and Mississippi State Hospital to contract with local hospitals located in counties with a population of less than fifty thousand (50,000) to provide emergency in-patient care to individuals committed by the Chancery Court to East Mississippi State Hospital or Mississippi State Hospital for treatment of mental illness if, at the time that such commitment is made, a bed is not available for admission to East Mississippi State Hospital or Mississippi State Hospital. East Mississippi State Hospital and Mississippi State Hospital shall have the authority to contract with local hospitals located in counties with a population of less than fifty thousand (50,000) for in-patient emergency care for a period not to exceed seven (7) days at a rate not to exceed One Hundred and Fifty Dollars ($150.00) per day with East Mississippi State Hospital or Mississippi State Hospital providing One Hundred Dollars ($100.00) and the local government providing Fifty Dollars ($50.00) per day for such care. Payment for such physician fees shall be made at the Medicaid rate of reimbursement and paid by East Mississippi State Hospital or Mississippi State Hospital. Funds provided for the initiation of this pilot project shall not be expended for in-patient hospital care unless there is participation in the reimbursement for such care by the local government as required by the provisions of this section.

SECTION 8. It is the intention of the Legislature that the Executive Director of the Department of Mental Health has the authority to transfer cash from one special fund treasury fund to another special fund treasury fund under the control of the Department of Mental Health. The purpose of this authority is to more efficiently use available cash reserves. It is further the intention of the Legislature that the Executive Director of the Department of Mental Health shall submit written justification for the transfer to the Legislative Budget Office and the Department of Finance and Administration on or before the fifteenth (15th) of the month prior to the effective date of the transfer.

SECTION 9. The executive director of the Department of Mental Health and the directors of each separate facility operated by the Department of Mental Health are hereby authorized to transfer spending authority from any major objects to any other major objects in any amounts deemed necessary for the efficient management and operation of their budgets, provided that the total spending authority remains unchanged after such transfers and the total of such transfers into any major object do no exceed twenty-five percent (25%) of the original appropriated amount for that major object plus any escalations of spending authority that have occurred during any given fiscal year.

SECTION 10. The Department of Mental Health is hereby authorized to accept and expend in any major objects deemed necessary by the Department of Mental Health any non-federal funds from any source for the purposes of defraying the operational costs of any of the separate budget entities operated by the Department of Mental Health. Such non-federal funds shall include patient revenues, including Medicaid income, and grants, contributions and donations from any individual, public, or private organization, received in excess of amounts originally anticipated when spending authority was appropriated. Such non-federal funds shall be received and expended under the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.

SECTION 11. The Department of Mental Health and its facilities shall have the authority, within funding and spending authority appropriated under the provisions of Sections 1 and 3, authorized for expenditure in Section 2, and allocated under the provisions of Section 4 of this act, to transfer funds to the Division of Medicaid in payment of Medicaid match and designate that the funds thus transferred shall be applied to Medicaid match obligations arising in the subsequent fiscal year.

SECTION 12. Any person within the Department of Mental Health who must work on a statutory holiday or any holiday proclaimed by the Governor, may at the discretion of the Director of the Institution and the Executive Director of the Department of Mental Health and within available personnel funds, be paid "call back pay" in lieu of "compensatory time credit."

SECTION 13. Of the funds appropriated to the "Service Budget" in the category "Subsidies, Loans and Grants," funds are included for the support of community mental health services for Fiscal Year 2001.

Provided, however, that none of the funds appropriated for the support of community mental health services shall be made available to any Regional Mental Health/Retardation Center which does not receive from each of its participating counties a dollar amount equivalent to what the proceeds of a three-fourths (3/4) mill tax on all taxable property in the county in Fiscal Year 1982 would have been or the amount of funds contributed to the center by the county in Fiscal Year 1984, whichever shall be greater. By means of performance contracts, the Department of Mental Health shall disburse the funds appropriated in this section for services for the mentally ill, mentally retarded and alcohol/drug abusers. The State Board of Mental Health and the Department of Mental Health shall be responsible for selecting the types of services which shall be provided with the funds appropriated in this section, for developing and monitoring performance contracts and for holding contractors accountable for utilization of funds.

SECTION 14. Funds presently included or any funds received in the future for timber funds at Ellisville State School and East Mississippi State Hospital are hereby authorized for transfer to the regular operating budgets of the respective facilities. Each facility shall receive such funds as "Special" funds, and such funds shall be available for use in payment of any and all expenses of each facility, paid by the State Treasurer upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers in the manner provided by law.

SECTION 15. The Department of Mental Health and its facilities shall have the express legal authority, within funding and spending authority appropriated under the provisions of Section 1, authorized for expenditure under the provisions of Section 2, and allocated under the provisions of Section 4 of this act, to purchase land for use by residential facilities operated by the Department, either directly or by means of transferring funds to the Bureau of Building, Grounds and Real Property Management, and to transfer such funds to Bureau of Building, Grounds, and Real Property Management for the purposes of constructing and equipping group homes for persons with mental illness, mental retardation, and/or substance abuse; constructing and equipping such other buildings as may be required for treatment of persons with mental illness, mental retardation, and/or substance abuse; repair and renovate existing buildings; and to construct, repair and/or renovate employee housing. Any intermediate care facilities for the mentally retarded (ICF/MR) constructed with funds authorized in this section shall be authorized to participate in Medicaid Funding available for such services.

SECTION 16. Of the General Funds appropriated to the "Service Budget" in the category of "Subsidies, Loans and Grants," the sum required may be expended to fund the Home and Community Based Waiver Option for community mental retardation services as authorized under Section 43-13-117 (29) of the Mississippi Code of 1972 (Annotated).

SECTION 17. With the funds herein appropriated, the Department of Mental Health is authorized to provide home and community based treatment and institutional treatment to not more than ten (10) persons at any given time who, on or after reaching their twenty-first birthday (age 21), suffered a severe brain injury and whose condition as a result of that brain injury would have resulted in their classification as developmentally disabled if such injury had occurred prior to their twenty-first birthday.

SECTION 18. The following sum, or so much thereof as may be necessary, is hereby reappropriated out of any money in the special fund in the State Treasury to the credit of the Department of Mental Health Funds 3372, 3373, 3374, 3382, 3385, 3386 and 3387 for the fiscal year beginning July 1, 2000, and ending June 30, 2001 $ 6,000,000.00

Notwithstanding the amount reappropriated under the provisions of this section, in no event shall the amount expended exceed the unexpended balance as of June 30, 2000, or change the purpose for which the funds were originally authorized.

SECTION 19. In compliance with the "Mississippi Performance Budget and Strategic Planning Act of 1994," it is the intent of the Legislature that the funds provided herein shall be utilized in the most efficient and effective manner possible to achieve the intended mission of this agency. Based on the funding authorized, this agency shall make every effort to attain the targeted performance measures provided below:

FY2001

Performance Measures Target

Services Management

State Institutions Operated (Number of) 11

Units Monitored, etc. (Number of) 1,450

Grants Administered (Number of) 380

Direct Client Services

Employment Related Clients (Number of) 1,965

Case Management Clients (Individuals) 2,228

Mental Health Services

Group Homes - Alternative Living (Beds) 241

Halfway Houses (Beds) 35

Psychotropic Drugs Purchased (Prescriptions) 24,890

Mental Retardation Services

Community Living Clients 2,295

Work Activity & Employment Related (Clients) 2,025

Children & Youth Services

Group Homes (Beds) 72

Chemical Dependency (Beds) 24

3% Alcohol Tax-alcohol/drug Program

Residential Treatment (Beds) 623

Out-Patient Admissions (Number of Patients) 6,250

Institutional Care

Patient & Resident Days (Number of) 1,237,713

Independent Living Skills (Client Days) 17,885

Juvenile Rehabilitation Facility Cost per

Patient & Resident Day ($) 250.00

South Mississippi Regional Center Cost

per Client Day of Service ($) 248.73

South Mississippi State Hospital Cost

per Patient & Resident Day ($) 294.94

Pre/post Institutional Care

Clients Served (Number of) 7,259

Support Services

Percent of Support Staff to Direct Staff (%) 13.05

Support as a Percent of Total Budget (%) 30.52

Group Homes

Community Based Services (Client Days) 35,739

ICF & MR Residential Services (Client Days) 161,057

Clients Served (Individuals) 1,492

Patient & Resident Days (Number of) 0

Therapy for Children & Families (Sessions) 9,800

Employment Support (Contacts & Visits) 24,500

Case Management (Contacts) 6,610

Diagnostic & Evaluation Services (Contacts) 480

Early Intervention Services (Children Served) 270

A reporting of the degree to which the performance targets set above have been or are being achieved shall be provided in the agency's budget request submitted to the Joint Legislative Budget Committee for Fiscal Year 2002.

SECTION 20. None of the funds appropriated herein may be used to pay for alternative residential placement or hospitalization for mental health, mental retardation, or substance treatment of a person committed to the Department of Mental Health under Sections 41-21-61, et. seq., 41-21-107, 41-31-1, et. seq., 43-21-315, and 43-21-611, Mississippi Code of 1972.

SECTION 21. Of the funds appropriated under the provisions of Section 1, authorized for expenditure in Section 2, and allocated in Section 4 to Mississippi State Hospital, funds not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00) may be expended for pre-planning costs associated with a project or projects to renovate buildings on the campus of Mississippi State Hospital to meet standards of the Joint Commission on Accreditation of Healthcare Organizations.

SECTION 22. None of the funds appropriated for the support of community mental health, mental retardation, or substance abuse services shall be made available to any service provider which, upon determination of the Executive Director of the Department of Mental Health, has an outstanding monetary obligation owed to the Department of Mental Health or to the Division of Medicaid, pursuant to an audit or programmatic review performed by the Department of Mental Health, that has not been resolved, including those audits or programmatic reviews that occurred prior to

July 1, 2000.

SECTION 23. The money herein appropriated shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his warrants upon requisitions signed by the proper person, officer or officers, in the manner provided by law.

SECTION 24. This act shall take effect and be in force from and after July 1, 2000.