MISSISSIPPI LEGISLATURE

2005 Regular Session

To: Appropriations

By: Representative Holland, Barnett, Davis, Flaggs, Gibbs, Malone, Markham, Read, Shows, Stevens

House Bill 1650

(As Passed the House)

AN ACT MAKING AN APPROPRIATION TO THE GOVERNOR'S OFFICE-DIVISION OF MEDICAID FOR THE PURPOSE OF PROVIDING MEDICAL ASSISTANCE UNDER THE MISSISSIPPI MEDICAID LAW AND DEFRAYING THE EXPENSES OF THE ADMINISTRATION OF SUCH LAW FOR THE FISCAL YEAR 2006.

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

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, to the Governor's Office - Division of Medicaid for the purpose of providing medical assistance under the Mississippi Medicaid Law and defraying the expenses of the administration of such law, as provided in Section 43-13-101 et seq., Mississippi Code of 1972, for the fiscal year beginning July 1, 2005, and ending June 30, 2006    

............................................ $   256,925,158.00.

SECTION 2.  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 Medical Care Fund created by Section 43-13-143, Mississippi Code of 1972, for the purpose of providing medical assistance under the Mississippi Medicaid Law for the fiscal year beginning July 1, 2005, and ending June 30, 2006...............

............................................ $   321,908,000.00.

SECTION 3.  The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in any special fund in the State Treasury to the credit of the Governor's Office - Division of Medicaid which is comprised of special source funds collected by or otherwise available to the commission, for the purpose of providing medical assistance under the Mississippi Medicaid Law and defraying the expenses of the administration of such law, for the fiscal year beginning July 1, 2005, and ending June 30, 2006...... $ 2,909,896,435.00.

     Prior period recovery of funds may be maintained and expended by the division when the recovery is received or finalized.

SECTION 4.  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 purpose of defraying the expenses of the Governor's Office - Division of Medicaid for the fiscal year beginning July 1, 2005, and ending June 30, 2006............................... $   137,273,753.00.

     The above funds shall be allocated as follows:

     CHIP Program at 200% level of poverty...$  6,214,717.00

     Eyeglasses for adults...................$  1,509,288.00

     Home and Community Waiver Program.......$  4,257,081.00

     Disabled worker buy-in to the Medicaid

       program...............................$  1,629,144.00

     Dental fee increase.....................$  1,953,197.00

     Miscellaneous...........................$    266,345.00

     Medical Services Program Matching Funds.$121,443,981.00

     It is the intention of the Legislature that funds may be shifted among the above allocated line items where needed in the discretion of the Executive Director of the Division of Medicaid.

     SECTION 5.  Of the funds appropriated under the provisions of Sections 1, 2, 3 and 4, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:

  MAJOR OBJECTS OF EXPENDITURE:

     Personal Services:

Salaries, Wages and Fringe Benefits$    35,960,655.00

Travel and Subsistence..............      1,008,519.00

Contractual Services.....................    100,986,879.00

Commodities..............................      1,977,510.00

     Capital Outlay:

Other Than Equipment................              0.00

Equipment...........................      1,093,250.00

Subsidies, Loans and Grants.............. 3,484,976,533.00

Total.............................. $ 3,626,003,346.00

  FUNDING:

General Funds........................... $   256,925,158.00

Special Funds............................ 3,369,078,188.00

Total.............................. $ 3,626,003,346.00

  AUTHORIZED POSITIONS:

Permanent:    Full Time...........      891

Part Time...........        0

Time-Limited:Full Time...........       53

Part Time...........        0

     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 2007 do not exceed Fiscal Year 2006 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2007 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 2006 appropriation for "Personal Services" when annualized, with the exception of escalated funds.  If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2006 "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.

     Any transfers or escalations shall be made in accordance with the terms, conditions and procedures established by law or allowable under the terms set forth within this act.  The State Personnel Board shall not escalate positions without written approval from the Department of Finance and Administration.  The Department of Finance and Administration shall not provide written approval to escalate any funds for salaries and/or positions without proof of availability of new or additional funds above the appropriated level.

     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.

     SECTION 6.  It is the intention of the Legislature that the Governor's Office - Division of Medicaid shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2005.  It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2007 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2006 budget request process.

     SECTION 7.  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:

                                                          FY2006

Performance Measures                                      Target

Administrative Services

     Admin as a Percent of Total Budget (%)                 4.97

Medical Services

     Recipients (Persons)                                710,000

     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 2007.

     SECTION 8.  It is the intention of the Legislature that the Executive Director of the Division of Medicaid may authorize increases in any major objects of expenditures in total amounts not to exceed twenty-five percent (25%) of the appropriated amount of each major object of expenditure, provided that other major objects of expenditure are decreased by a corresponding dollar amount.  However, no transfers shall be authorized which increase the major object of expenditure "Salaries, Wages and Fringe Benefits." 

     SECTION 9.  None of the funds provided for in this act shall be used to pay the salary of any employee who does not report to the Director of the Division of Medicaid or one of his subordinates.

     SECTION 10.  None of the above funds shall be used to fund any expenditures for litigation against the Partnership for a Healthy Mississippi.

     SECTION 11.  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 12.  This act shall take effect and be in force from and after July 1, 2005.