MISSISSIPPI LEGISLATURE
2002 Regular Session
To: Public Health and Welfare; Appropriations
By: Representative Flaggs
AN ACT TO AMEND SECTION 41-86-15, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE PARENTS OR CARETAKER RELATIVES OF CHILDREN AND PREGNANT WOMEN WHOSE FAMILY INCOME DOES NOT EXCEED 200% OF THE POVERTY LEVEL WILL BE ELIGIBLE TO RECEIVE BENEFITS UNDER THE CHIP PROGRAM IF A FEDERAL WAIVER IS OBTAINED THAT ALLOWS THOSE PERSONS TO BE ELIGIBLE AND ALLOWS FEDERAL MATCHING CHIP FUNDS TO BE USED TO PAY FOR COVERAGE OF THOSE PERSONS; TO DIRECT THE DIVISION OF MEDICAID TO APPLY FOR A FEDERAL WAIVER FOR THAT PURPOSE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 41-86-15, Mississippi Code of 1972, is amended as follows:
41-86-15. (1) Persons eligible to receive covered benefits under Sections 41-86-5 through 41-86-17 shall be low-income children who meet the eligibility standards set forth in the plan.
In addition, the parents or caretaker relatives of low-income children, and pregnant women whose family income does not exceed two hundred percent (200%) of the federal poverty level, will be eligible to receive covered benefits under Sections 41-86-5 through 41-86-17 if a federal waiver is obtained that allows those persons to be eligible for covered benefits and allows federal matching funds under Title XXI of the federal Social Security Act, as amended, to be used to pay for coverage of those persons.
The Division of Medicaid shall apply to the United States Secretary of Health and Human Services for a federal waiver of the applicable provisions of Title XXI and any other applicable provisions of federal law as necessary to allow the parents or caretaker relatives of low-income children, and pregnant women whose family income does not exceed two hundred percent (200%) of the federal poverty level, to be eligible to receive covered benefits under Sections 41-86-5 through 41-86-17 and to allow Title XXI federal matching funds to be used to pay for coverage of those persons. After the date that the Division of Medicaid obtains that federal waiver, then the parents or caretaker relatives of low-income children, and pregnant women whose family income does not exceed two hundred percent (200%) of the federal poverty level, will be eligible to receive covered benefits under Sections 41-86-5 through 41-86-17.
(2) Any person who is eligible for benefits under the Mississippi Medicaid Law, Section 43-13-101 et seq., shall not be eligible to receive benefits under Sections 41-86-5 through 41-86-17.
(3) A person who is without insurance coverage at the time of application for the program and who meets the other eligibility criteria in the plan shall be eligible to receive covered benefits under the program * * *.
(4) The eligibility of persons for covered benefits under the program shall be determined annually by the same agency or entity that determines eligibility under Section 43-13-115(9) and shall cover twelve (12) continuous months under the program.
(5) There will be presumptive eligibility under this chapter for children under nineteen (19) years of age, in accordance with the following provisions:
(a) A child will be deemed to be presumptively eligible for covered benefits and services under this chapter if a qualified entity as defined under federal law (42 USCS Section 1396r-1a) determines, on the basis of preliminary information, that the family income of the child does not exceed the applicable income level of eligibility under the plan.
(b) A child will be presumptively eligible under this chapter from the date that the qualified entity determines that the child is presumptively eligible until the earlier of either: (i) The date on which a determination is made with respect to the eligibility of the child for covered benefits and services under this chapter, or
(ii) The last day of the month following the month in which presumptive eligibility is determined, if an application has not been filed on behalf of the child by that day.
(c) For the period during which a child is presumptively eligible under this chapter, the child will be eligible to receive all covered benefits and services under this chapter.
(d) If a child is determined to be presumptively eligible under this chapter, the child's parent, guardian or caretaker relative must submit a completed application for assistance under the program no later than the last day of the month following the month in which presumptive eligibility is determined. The qualified entity shall inform the parent, guardian or caretaker relative of this requirement at the time the qualified entity makes the determination of presumptive eligibility.
(e) The qualified entity shall notify the Division of Medicaid of the determination of presumptive eligibility within five (5) working days after the date on which the determination is made.
(f) The Division of Medicaid shall provide qualified entities with such forms as are necessary for an application to be made on behalf of a child for eligibility under this chapter. The Division of Medicaid shall make those application forms and the application process itself as simple as possible.
SECTION 2. This act shall take effect and be in force from and after July 1, 2002.