Senate Bill 2726

AN ACT TO AMEND SECTION 41-86-15, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT ANY CUSTODIAL PARENT OF A CHILD ENTITLED TO CHILD SUPPORT WHO APPLIES TO THE CHILDREN'S HEALTH INSURANCE PROGRAM (CHIP) SHALL APPLY TO THE DEPARTMENT OF HUMAN SERVICES CHILD SUPPORT UNIT FOR PATERNITY OR CHILD SUPPORT ASSISTANCE; 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. 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. 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, if federal approval is obtained to allow eligibility with no waiting period of being without insurance coverage. If federal approval is not obtained for the preceding provision, the Division of Medicaid shall seek federal approval to allow eligibility after the shortest waiting period of being without insurance coverage for which approval can be obtained. After federal approval is obtained to allow eligibility after a certain waiting period of being without insurance coverage, a person who has been without insurance coverage for the approved waiting period and who meets the other eligibility criteria in the plan shall be eligible to receive covered benefits under the program. If the plan includes any waiting period of being without insurance coverage before eligibility, the State and School Employees Health Insurance Management Board shall adopt regulations to provide exceptions to the waiting period for families who have lost insurance coverage for good cause or through no fault of their own.

(2) The eligibility of children 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.

(3) Any custodial parent of a child who may be entitled to child support from the noncustodial parent who applies to the program for benefits or who is currently a recipient of covered benefits shall cooperate with the Division of Child Support Enforcement to establish paternity or obtain child support. When the Division of Medicaid obtains the name of the biological noncustodial parent from the applicant or recipient, the division shall refer the case to the Division of Child Support Enforcement in the Department of Human Services. In the absence of such cooperation as the Division of Child Support Enforcement shall require, the applicant or recipient shall become eligible. Once a court order for child support and/or health insurance is established, and health insurance is not available to either parent at reasonable cost, the noncustodial parent shall be required to reimburse the program for the cost of premiums for covered benefits by payment or wage withholdings sent to the Division of Child Support Enforcement's Central Receiving and Disbursement Unit.

SECTION 2. This act shall take effect and be in force from and after July 1, 2005.