MISSISSIPPI LEGISLATURE
2002 Regular Session
To: Public Health and Welfare
By: Representative Moody
AN ACT TO ESTABLISH THE MISSISSIPPI ACCESS TO CARE (MAC) OVERSIGHT COMMITTEE TO COORDINATE THE IMPLEMENTATION, FUNDING AND ANY NEEDED REVISIONS OF THE MAC PLAN; TO PROVIDE FOR THE MEMBERSHIP AND APPOINTMENT OF THE COMMITTEE; TO SPECIFY THE DUTIES OF THE COMMITTEE; TO DIRECT THE DEPARTMENT OF MENTAL HEALTH, THE STATE DEPARTMENT OF REHABILITATION SERVICES, THE DEPARTMENT OF HUMAN SERVICES, THE STATE DEPARTMENT OF EDUCATION, THE DIVISION OF MEDICAID, THE GOVERNOR'S COMMISSION ON DISABILITY AND THE MISSISSIPPI DEVELOPMENTAL DISABILITIES COUNCIL EACH TO PERFORM CERTAIN FUNCTIONS IN IMPLEMENTING THE MAC PLAN; TO ESTABLISH THE GOVERNOR'S COMMISSION ON DISABILITY TO PROMOTE AND FACILITATE FULL PARTICIPATION AND EQUAL OPPORTUNITIES FOR ALL PERSONS WITH DISABILITIES; TO PROVIDE FOR THE MEMBERSHIP AND APPOINTMENT OF THE COMMISSION AND PRESCRIBE ITS POWERS AND DUTIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) There is established the Mississippi Access to Care (MAC) Oversight Committee to coordinate the implementation, funding and any needed revisions of the MAC plan dated September 30, 2001, that was prepared and submitted to the Legislature as required under Sections 43-57-1 through 43-57-9.
(2) The MAC Oversight Committee shall be composed of:
(a) Six (6) members appointed by the Governor, at least five (5) of whom must be persons with disabilities; (b) Four (4) members appointed by the Lieutenant Governor, at least three (3) of whom must be persons with disabilities;
(c) The executive directors of the Department of Mental Health, the State Department of Rehabilitation Services, the Department of Human Services and the Division of Medicaid, or their designees;
(d) A representative of the Governor's office;
(e) The Chairs and Vice Chairs of the Public Health and Welfare Committee and the Appropriations Committee of the House of Representatives, as nonvoting members; and
(f) The Chairs and Vice Chairs of the Public Health and Welfare Committee and the Appropriations Committee of the Senate, as nonvoting members.
(3) (a) Of the Governor's appointments, one (1) member shall be appointed from each congressional district as constituted on July 1, 2002, and two (2) members shall be appointed from the state at large. The initial appointments of the Governor shall be made as follows: one (1) member shall be appointed for a term ending on June 30, 2003, two (2) members shall be appointed for terms ending on June 30, 2004, one (1) member shall be appointed for a term ending on June 30, 2005, and two (2) members shall be appointed for terms ending on June 30, 2006. All subsequent appointments shall be for terms of four (4) years from the expiration date of the previous term. Any vacancy before the expiration of a term shall be filled by appointment of the Governor, and the person appointed to fill the vacancy shall serve for the remainder of the unexpired term.
(b) Of the Lieutenant Governor's appointments, one (1) member shall be appointed from each congressional district as constituted on July 1, 2002. The initial appointments of the Lieutenant Governor shall be made as follows: one (1) member shall be appointed for a term ending on June 30, 2003, one (1) member shall be appointed for a term ending on June 30, 2004, one (1) member shall be appointed for a term ending on June 30, 2005, and one (1) member shall be appointed for a term ending on June 30, 2006. All subsequent appointments shall be for terms of four (4) years from the expiration date of the previous term. Any vacancy before the expiration of a term shall be filled by appointment of the Lieutenant Governor, and the person appointed to fill the vacancy shall serve for the remainder of the unexpired term.
(3) At the first meeting of the committee, the members shall select one (1) member to serve as chair of the committee. The committee shall select a chair once every two (2) years, and any person who has previously served as chair may be reelected as chair.
(4) Eight (8) of the voting members of the committee shall constitute a quorum for the transaction of any business of the committee. The committee shall meet at least once each quarter, and may meet at other times as necessary for the purpose of conducting any business that may be required. All meetings shall be called by the chair or by a majority of the voting members of the committee, except the first meeting, which shall be called by the Governor.
(5) The appointed members and the legislative members of the committee shall receive a per diem in the amount provided under Section 25-3-69 for each day engaged in the official business of the committee. The appointed members of the committee other than the legislative members shall receive reimbursement for travel expenses incurred while engaged in official business of the committee in accordance with Section 25-3-41, and the legislative members of the committee shall receive the expense allowance provided for in Section 5-1-47. However, the legislative members of the committee shall not receive the per diem or expense allowance for any day that the committee meets while the Legislature is in session.
SECTION 2. (1) The MAC Oversight Committee is ultimately responsible for implementation of the MAC plan. The committee shall continually review and assess the three-part test for states and the three (3) risk zones for states to fulfill the state's obligation to:
(a) Divert persons from initially being placed into institutions;
(b) Review those persons already in institutions to determine how many could be and want to be served in a home- and community-based setting; and
(c) Respond to individual requests by institutionalized persons to leave the institutional setting to go to a home- and community-based setting.
(2) The duties of the MAC Oversight Committee are to:
(a) Identify, collect, and disburse data regarding the number and status of persons with disabilities and the availability and quality of community services and supports;
(b) Monitor the development and expansion of community services and the movement on the waiting list;
(c) Actively and continuously review and recommend modifications to the MAC plan;
(d) Provide persons with disabilities a process for independent review and appeal of decisions made by treating professionals;
(e) Develop the specific criteria and tools to measure the effectiveness of the MAC plan strategies, submit them to the responsible agency or agencies for concurrence, and make an annual report to the Legislature of the outcomes;
(f) Hold periodic public meetings to provide information and opportunities for input;
(g) In conjunction with the Governor's Commission on Disability, establish a single point of intake for persons with disabilities to provide an independent identifying, screening and referring process;
(h) Identify specific steps for the provision of a comprehensive system of support services to persons once they are identified; and
(i) Establish a baseline for the existing waiting time for each service, define what constitutes a "reasonable pace" for providing community services, and design and implement a plan to move from the current waiting time to a time that is "reasonable."
SECTION 3. (1) In implementing the MAC plan, the Department of Mental Health, the State Department of Rehabilitation Services, the Department of Human Services, the State Department of Education and the Division of Medicaid each shall:
(a) Develop and maintain an ongoing, comprehensive data collection system for identifying persons with disabilities who are receiving or are in need of services and supports from that agency;
(b) Develop and implement a comprehensive evaluation procedure ensuring that, where appropriate, each person with disabilities and/or the person's guardian will be involved in the assessment and planning process and that the assessment will be directed toward providing services in the "least restricted, most integrated setting possible" based upon professional recommendations and the choice of the person and his or her family; and
(c) Provide to the MAC Oversight Committee with reports specifying the agency's budgetary and program implementation response to the MAC plan. Each agency shall provide the reports to the committee at least twice annually, and at other times as required by the committee.
(i) The first report required by this paragraph shall be provided to the committee after the development of the agency's budget and before the beginning of the Joint Legislative Budget Committee's hearings on agency budget requests in the fall of the year. That report shall detail the portions of the agency's budget request that would be directed toward the implementation of the MAC plan, including the number of citizens to be served and the specific services to be provided, the amount of money required to provide the services and the source of the funding.
(ii) The second report required by this paragraph shall be provided to the committee not later than thirty (30) days after the end of the regular session of the Legislature. That report shall include the same information as in the first report, except that it shall detail the portions of the agency's proposed budget that the Legislature funded. The second report also shall include a more detailed narrative of the services that must be carried forward to the next budgetary cycle and the services that require amendment due to the funding that was made available.
SECTION 4. In implementing the MAC plan, the Governor's Commission on Disability created under Sections 6 through 8 of this act shall:
(a) In conjunction with the MAC Oversight Committee, establish a consumer friendly, single point of entry referral system for persons with disabilities who need assistance identifying and/or accessing appropriate and desired services, and an evaluation/assessment procedure working in together with the referral system;
(b) Identify those persons with disabilities currently in nursing facilities, advise them of the home- and community-based alternatives available and allow them the option to choose the most integrated setting of their choice; and
(c) Act as the lead agency responsible for developing and coordinating a comprehensive housing plan for persons with all types of disabilities. The plan shall address the following components:
(i) Identification of persons with disabilities needing or wanting community-based housing;
(ii) Support services needed by persons with disabilities to live independently; and
(iii) Funding assistance for housing.
SECTION 5. In implementing the MAC plan, the Mississippi Developmental Disabilities Council shall:
(a) Act as the lead entity responsible for developing and implementing a comprehensive transportation plan for all persons with disabilities that will maximize existing resources and develop future funding requests;
(b) Establish creative transportation initiatives and demonstration projects;
(c) Develop a transportation guide for all persons with disabilities; and
(d) Perform a feasibility study in fiscal year 2004 to determine options for an interagency, consolidated transportation plan.
SECTION 6. As used in Sections 6 through 8 of this act, the following terms shall have the meanings in this section, unless the context otherwise requires:
(a) "Commission" means the Governor's Commission on Disability.
(b) "Persons with disabilities" means persons who have physical, sensory, cognitive or mental characteristics such as those listed under the definition of "handicapped person" in the regulation 28 CFR 41.31(b) for the implementation of Section 504 of the Rehabilitation Act of 1973, as amended (Public Law 93-112).
SECTION 7. (1) There is created the Governor's Commission on Disability within the Office of the Governor to promote and facilitate the full participation of, and the creation and assurance of equal opportunities for, all persons with disabilities.
(2) The goals and objectives of the commission shall include, but are not limited to or provided in any priority order, the following:
(a) To be a comprehensive clearinghouse of information for persons with disabilities related to potential service programs (including contact points, eligibility criteria, service scope, budgets, waiting lists), disability rights and relevant events;
(b) To serve as a disability minority advocate to identify the issues and concerns pertaining to the rights, needs and capabilities of all persons with disabilities, and shall work to empower those persons to take as much control of their own lives as possible;
(c) To act as the state representative and contact point for the President's Committee on Employment of People with Disabilities, the ADA branch of the United States Justice Department, the National Council on Disability and any other similar disability-related government entities;
(d) To collect, analyze and synthesize disability-related data (e.g., numbers and types of disability in the state, their economic/school/employment/long-term care status) for use by state agencies, universities and colleges, disability organizations and private citizens;
(e) To advise the Governor, the Legislature, the Mississippi congressional delegation, state agencies, the business community, organized labor and other public and private groups and the general public on disability issues and concerns, and to make recommendations to address those identified matters, with emphasis on increasing opportunities for independence and employment;
(f) To coordinate and conduct public relations activities to spotlight the skills and capabilities of persons with disabilities to emphasize the actual and potential contributions of these citizens;
(g) To establish relationships with state agencies, especially those that serve the disability community, consumer/advocacy groups, local governments, private industry, educational institutions, labor and other private organizations, that may be needed to enhance equal opportunities for persons with disabilities;
(h) To submit an annual report to the Governor and the Legislature with recommendations that address disability issues such as the following: the status of public and private sector employment opportunities; an assessment of program and equal access to goods and services and the availability of appropriate education options at all levels (e.g., public, postsecondary, adult); an analysis of relevant state agency budgets and data related to the economic and social status of the disability community; and an overall state government/private sector service overview; and
(i) To carry out activities assigned by the Governor, to further the mission of the commission and the quality of life of our citizens with disabilities.
SECTION 8. (1) The Governor's Commission on Disability shall consist of eleven (11) members appointed by the Governor, two (2) from each Mississippi congressional district as constituted on July 1, 2002, and one (1) from each Supreme Court district. The membership of the commission shall at all times constitute at least a majority of persons with disabilities. Members who are disabled shall be selected so as to represent a wide variety of physical, sensory, mental/emotional, cognitive disability characteristics. Two (2) members of the full commission membership must be the immediate family members of persons with disabilities, with a minimum of one (1) of those persons being a parent. In addition to the previous qualifications, the overall makeup of the commission shall be diverse in terms of race, geography, occupation, sex, age, socioeconomic status and other relevant diversity viewpoints.
The appointed members of the commission shall serve terms of office as follows:
(a) The term of the members from the First Congressional District shall expire on July 1, 2003;
(b) The term of the members from the Second Congressional District shall expire on July 1, 2004;
(c) The term of the members from the Third Congressional District shall expire on July 1, 2005;
(d) The term of the members from the Fourth Congressional District shall expire on July 1, 2006;
(e) The term of the member from the First Supreme Court District shall expire on July 1, 2004;
(f) The term of the member from the Second Supreme Court District shall expire on July 1, 2005; and
(g) The term of the member from the Third Supreme Court District shall expire on July 1, 2006.
After the expiration of the initial terms, the term of office of each subsequent member shall be four (4) years from the expiration date of the previous term. Any appointment to fill a vacancy shall be for the balance of the unexpired term, and shall be from the congressional district or Supreme Court district in which the vacancy occurred. No member shall, during his term of office, serve as an officer or committee member of any political party organization.
(2) The commission shall elect a chair from its membership at the first meeting of the initial commission members and every two (2) years thereafter in July of the year. Six (6) members of the commission constitute a quorum for the transaction of any business, and the commission shall meet at least quarterly and hold other meetings as are necessary for the purpose of conducting required business. All meetings of the commission shall be called by the chair, except the first meeting of the initial commission members, which shall be called by the Governor.
(3) The appointed members of the commission shall be compensated at a per diem rate as authorized by Section 25-3-69, plus actual and necessary expenses as authorized by Section 25-3-41.
(4) The commission shall have a director appointed by the Governor, an administrative assistant, a clerical support staff member and at least two (2) full-time and one (1) part-time information technicians. The staffing of the commission may also be supplemented by use of interns and volunteers from the community.
(5) Representatives from the State Department of Rehabilitation Services, the Department of Human Services and the State Department of Education and advocates necessary to enable the commission to carry out its work may participate on the commission as nonvoting members. These representatives may provide the commission with data, input and resources to facilitate their planning and coordinating efforts.
SECTION 9. This act shall take effect and be in force from and after July 1, 2002.