House Amendments to Senate Bill No. 3080
TO THE SECRETARY OF THE SENATE:
THIS IS TO INFORM YOU THAT THE HOUSE HAS ADOPTED THE AMENDMENTS SET OUT BELOW:
AMENDMENT NO. 1
Amend by striking all after the enacting clause and inserting in lieu thereof the following:
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, 2005, and ending June 30, 2006...............
............................................ $ 180,097,799.00.
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, 2005, and ending June 30, 2006 $ 291,616,461.00.
SECTION 3. Of the funds appropriated under the provisions of Section 2, Twenty-four Million Four Hundred Eighty-five Thousand Nineteen Dollars ($24,485,019.00) shall be derived from the Health Care Expendable Fund created in Section 43-13-407, Mississippi Code of 1972, for the support and maintenance of the Department of Mental Health. The funds provided for in this section shall be allocated as follows:
$ 6,658,626.00 Expenses of the Department of Mental Health.
$ 665,863.00 Alzheimer's disease services development and implementation of Senate Bill No. 2100, 1997 Regular Session.
$ 6,838,454.00 Medicaid matching funds.
$ 443,908.00 Psychotropic drugs or Medicaid match.
$ 887,817.00 Alzheimer's Disease Program, prepayment to Medicaid, etc.
$ 5,903,981.00 Crisis centers, holding centers, group homes, substance abuse programs, Children's Programs, Prepayment of Medicaid. etc.
$ 1,997,588.00 Physician services at community mental health centers.
$ 88,782.00 Grant for Epilepsy Foundation of Mississippi or Medicaid match.
$ 1,000,000.00 Crisis Centers and Specialized Treatment
Facility.
$24,485,019.00 TOTAL
SECTION 4. Of the funds appropriated under the provisions of Section 1 and authorized for expenditure under the provisions of Section 2, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:
CENTRAL OFFICE
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits$ 5,070,909.00
Travel and Subsistence.............. 200,000.00
Contractual Services..................... 789,475.00
Commodities.............................. 143,860.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 0.00
Subsidies, Loans and Grants.............. 9,942,522.00
Total.............................. $ 16,146,766.00
FUNDING:
General Funds........................... $ 2,672,241.00
Special Funds............................ 13,474,525.00
Total.............................. $ 16,146,766.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 66
Part Time........... 0
Time-Limited:Full Time........... 20
Part Time........... 0
ELLISVILLE STATE SCHOOL AND FARM
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits$ 46,444,637.00
Travel and Subsistence.............. 112,000.00
Contractual Services..................... 4,104,760.00
Commodities.............................. 4,844,080.00
Capital Outlay:
Other Than Equipment................ 400,000.00
Equipment........................... 239,344.00
Subsidies, Loans and Grants.............. 14,677,521.00
Total.............................. $ 70,822,342.00
FUNDING:
General Funds........................... $ 15,448,730.00
Special Funds............................ 55,373,612.00
Total.............................. $ 70,822,342.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 1,570
Part Time........... 30
Time-Limited:Full Time........... 48
Part Time........... 0
EAST MISSISSIPPI STATE HOSPITAL
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits$ 34,627,266.00
Travel and Subsistence.............. 38,000.00
Contractual Services..................... 2,764,285.00
Commodities.............................. 5,652,970.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 150,626.00
Subsidies, Loans and Grants.............. 2,600,000.00
Total.............................. $ 45,833,147.00
FUNDING:
General Funds........................... $ 28,839,059.00
Special Funds............................ 16,994,088.00
Total.............................. $ 45,833,147.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 1,035
Part Time........... 1
Time-Limited:Full Time........... 83
Part Time........... 5
HUDSPETH REGIONAL CENTER
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits$ 28,589,729.00
Travel and Subsistence.............. 97,500.00
Contractual Services..................... 1,994,425.00
Commodities.............................. 2,448,800.00
Capital Outlay:
Other Than Equipment................ 10,000.00
Equipment........................... 139,900.00
Subsidies, Loans and Grants.............. 7,681,975.00
Total.............................. $ 40,962,329.00
FUNDING:
General Funds........................... $ 7,078,050.00
Special Funds............................ 33,884,279.00
Total.............................. $ 40,962,329.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 900
Part Time........... 27
Time-Limited:Full Time........... 36
Part Time........... 0
MISSISSIPPI STATE HOSPITAL
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits$ 82,302,714.00
Travel and Subsistence.............. 50,000.00
Contractual Services..................... 11,371,360.00
Commodities.............................. 8,535,250.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 348,176.00
Subsidies, Loans and Grants.............. 5,942,855.00
Total.............................. $ 108,550,355.00
FUNDING:
General Funds........................... $ 68,476,148.00
Special Funds............................ 40,074,207.00
Total.............................. $ 108,550,355.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 2,370
Part Time........... 9
Time-Limited:Full Time........... 184
Part Time........... 0
NORTH MISSISSIPPI REGIONAL CENTER
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits$ 32,295,454.00
Travel and Subsistence.............. 105,000.00
Contractual Services..................... 3,818,119.00
Commodities.............................. 4,154,000.00
Capital Outlay:
Other Than Equipment................ 45,000.00
Equipment........................... 309,744.00
Subsidies, Loans and Grants.............. 9,728,247.00
Total.............................. $ 50,455,564.00
FUNDING:
General Funds........................... $ 9,075,044.00
Special Funds............................ 41,380,520.00
Total.............................. $ 50,455,564.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 894
Part Time........... 10
Time-Limited:Full Time........... 156
Part Time........... 11
SOUTH MISSISSIPPI REGIONAL CENTER
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits$ 20,364,538.00
Travel and Subsistence.............. 64,000.00
Contractual Services..................... 3,163,921.00
Commodities.............................. 2,305,685.00
Capital Outlay:
Other Than Equipment................ 10,000.00
Equipment........................... 58,670.00
Subsidies, Loans and Grants.............. 5,712,573.00
Total.............................. $ 31,679,387.00
FUNDING:
General Funds........................... $ 6,711,692.00
Special Funds............................ 24,967,695.00
Total.............................. $ 31,679,387.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 561
Part Time........... 8
Time-Limited:Full Time........... 92
Part Time........... 2
BOSWELL REGIONAL CENTER
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits$ 17,784,015.00
Travel and Subsistence.............. 41,000.00
Contractual Services..................... 2,417,885.00
Commodities.............................. 1,902,705.00
Capital Outlay:
Other Than Equipment................ 250,000.00
Equipment........................... 158,111.00
Subsidies, Loans and Grants.............. 3,828,237.00
Total.............................. $ 26,381,953.00
FUNDING:
General Funds........................... $ 8,318,951.00
Special Funds............................ 18,063,002.00
Total.............................. $ 26,381,953.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 483
Part Time........... 3
Time-Limited:Full Time........... 106
Part Time........... 1
NORTH MISSISSIPPI STATE HOSPITAL
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits$ 7,525,216.00
Travel and Subsistence.............. 17,000.00
Contractual Services..................... 776,840.00
Commodities.............................. 818,780.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 51,000.00
Subsidies, Loans and Grants.............. 0.00
Total.............................. $ 9,188,836.00
FUNDING:
General Funds........................... $ 6,628,733.00
Special Funds............................ 2,560,103.00
Total.............................. $ 9,188,836.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 186
Part Time........... 0
Time-Limited:Full Time........... 2
Part Time........... 0
SOUTH MISSISSIPPI STATE HOSPITAL
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits$ 4,644,512.00
Travel and Subsistence.............. 7,500.00
Contractual Services..................... 903,569.00
Commodities.............................. 654,650.00
Capital Outlay:
Other Than Equipment................ 25,000.00
Equipment........................... 61,263.00
Subsidies, Loans and Grants.............. 10,000.00
Total.............................. $ 6,306,494.00
FUNDING:
General Funds........................... $ 4,473,520.00
Special Funds............................ 1,832,974.00
Total.............................. $ 6,306,494.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 128
Part Time........... 0
Time-Limited:Full Time........... 1
Part Time........... 0
CENTRAL MISSISSIPPI RESIDENTIAL CENTER
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits$ 4,044,993.00
Travel and Subsistence.............. 14,000.00
Contractual Services..................... 712,100.00
Commodities.............................. 641,690.00
Capital Outlay:
Other Than Equipment................ 475,000.00
Equipment........................... 123,510.00
Subsidies, Loans and Grants.............. 2,000.00
Total.............................. $ 6,013,293.00
FUNDING:
General Funds........................... $ 4,242,337.00
Special Funds............................ 1,770,956.00
Total.............................. $ 6,013,293.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 112
Part Time........... 0
Time-Limited:Full Time........... 11
Part Time........... 0
BROOKHAVEN JUVENILE REHABILITATION FACILITY
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits$ 3,582,607.00
Travel and Subsistence.............. 7,300.00
Contractual Services..................... 462,139.00
Commodities.............................. 302,955.00
Capital Outlay:
Other Than Equipment................ 7,000.00
Equipment........................... 41,640.00
Subsidies, Loans and Grants.............. 6,000.00
Total.............................. $ 4,409,641.00
FUNDING:
General Funds........................... $ 4,409,641.00
Special Funds............................ 0.00
Total.............................. $ 4,409,641.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 103
Part Time........... 0
Time-Limited:Full Time........... 8
Part Time........... 0
SPECIALIZED TREATMENT FACILITY
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits$ 1,435,832.00
Travel and Subsistence.............. 9,700.00
Contractual Services..................... 168,380.00
Commodities.............................. 122,500.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 27,190.00
Subsidies, Loans and Grants.............. 0.00
Total.............................. $ 1,763,602.00
FUNDING:
General Funds........................... $ 666,887.00
Special Funds............................ 1,096,715.00
Total.............................. $ 1,763,602.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 43
Part Time........... 0
Time-Limited:Full Time........... 0
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..................... 1,147,251.00
Commodities.............................. 0.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 0.00
Subsidies, Loans and Grants.............. 47,659,324.00
Total.............................. $ 48,806,575.00
FUNDING:
General Funds........................... $ 13,056,766.00
Special Funds............................ 35,749,809.00
Total.............................. $ 48,806,575.00
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$ 268,699.00
Travel and Subsistence.............. 19,000.00
Contractual Services..................... 40,235.00
Commodities.............................. 6,000.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 0.00
Subsidies, Loans and Grants.............. 4,060,042.00
Total.............................. $ 4,393,976.00
FUNDING:
General Funds........................... $ 0.00
Special Funds............................ 4,393,976.00
Total.............................. $ 4,393,976.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 6
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 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 5. 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:
FY06
Performance Measures Target
Services Management
State Institutions Operated (Number of) 12
Units Monitored, etc (Number of) 1,125
Grants Administered (Number of) 479
Mental Health Services
Group Homes - Alternative Living (Beds) 258
Halfway Houses (Beds) 35
Psychotropic Drugs Purchased (Prescriptions) 20,000
Mental Retardation Services
Community Living Clients (Clients) 2,200
Work Activity & Employment Related (Clients) 1,000
Children & Youth Services
Group Homes (Beds) 72
Chemical Dependency (Beds) 20
3% Alcohol Tax-alcohol/drug Prg
Residential Treatment Beds (Beds) 684
Out-Patient Admissions (Number of) 8,100
Mi - Institutional Care
Patient & Resident Days (Number of) 672,500
Operating Cost per Patient & Resident Day ($) 241
Mi - Pre/post Inst Care
Clients Served (Number of) 12,037
Mi - Support Services
Support as a Percent of Total Budget (%) 6
Mr - Institutional Care
Patient & Resident Days (Number of) 518,573
Operating Cost per Patient & Resident Day ($) 235
Independent Living Skills (Client Days) 5,016
Mr - Group Homes
ICF/MR Patient & Resident Days (Number of) 227,422
Non ICF/MR Patient & Resident Days (Number of 192,566
Mr - Community Programs
Home&Com Based Waiver Clients (Number of) 2,000
Non Home&Com Based Waiver Clients (Number of) 500
Units of Service Delivered (Number of) 950,000
Mr - Support Services
Support as a Percent of Total Budget (%) 5.50
Mi - Crisis Intervention Ctr
Patient & Resident Days (Number of) 8,400
Mi - Residential Apartments
Patient & Resident Days (Number of) 2,000
Mi - Residential Homes
Patient & Resident Days (Number of) 2,000
Mi - Footprints Adult Day Svcs
Clients Served (Number of) 20
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 6. Of the funds appropriated under the provisions of Section 1, authorized for expenditure in Sections 2 and 3, and allocated in Section 4 to the "Central Office," funds are included for an Alzheimer's education and training program.
SECTION 7. Of the funds appropriated under the provisions of Section 1, authorized for expenditure under the provisions of Sections 2 and 3, 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 inpatient 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 inpatient 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 inpatient 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 shall have 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 not 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. It is the intention of the Legislature that the Department of Mental Health shall have the authority to receive, budget, and expend funds from any source, including beginning cash in excess of beginning cash when spending authority was initially appropriated, that may become available to the department in accordance with 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 Section 1, authorized for expenditure in Sections 2 and 3, 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 2006.
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 Sections 2 and 3, 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, 3375, 3376, 3377, 3382, 3384, 3385, 3386, 3387, 3388 and 3391 for the fiscal year beginning July 1, 2005, and ending June 30, 2006.........................
............................................... $ 10,000,000.00
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, 2005, or change the purpose for which the funds were originally authorized.
SECTION 19. 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 20. Of the funds appropriated under the provisions of Section 1, authorized for expenditure in Sections 2 and 3, 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 preplanning 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 21. 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, 2005.
SECTION 22. From the funds provided herein, the Department shall have the authority to adjust salaries of academic teachers and speech pathologists to be commensurate to the teacher's salary scale as provided in the Mississippi Teacher Opportunity Program for the 2005-2006 school year, as outlined in Section 37-19-7, Mississippi Code of 1972, effective July 1, 2004.
SECTION 23. No program or entity certified by the Department of Mental Health which also receives state source, federal source, or Medicaid funding directly from the Department of Mental Health or by virtue of state source funds appropriated to the Department of Mental Health for Medicaid match for provision of mental health, mental retardation, or substance abuse services shall pay to any person employed by that program or entity a salary or compensation, directly or indirectly, in excess of the salary provided for a similar position under the classification system of the State Personnel Board for a person with similar credentials, educational level, and directly related years of experience in the position. Any person whose current salary already exceeds the allowable amount as determined under this section shall be allowed to retain his or her current salary, but no increases shall be granted until such time as the allowable maximum salary under the classification system of the State Personnel Board exceeds the current salary paid to that person. Those programs and entities may adopt a system of compensation that includes additional compensation for Educational Benchmarks as allowed under the State
Personnel Board system. Further, the Department of Mental Health and the State Personnel Board shall collaborate in determining similarity of positions in those programs or entities affected by this section to positions within the classification system of the State Personnel Board in any manner they deem appropriate to efficiently implement the provisions of this section. Staff
of the State Personnel Board and the Department of Mental Health shall be the final authority in the determination of corresponding job titles and pay grades. Failure to comply with the provisions of this section shall be cause to reduce or terminate funding received from the Department of Mental Health.
SECTION 24. Special funds appropriated in the Service Budget of the Department of Mental Health shall include an allocation of Three Million Five Hundred Ninety-nine Thousand Three Hundred Sixty-seven Dollars ($3,599,367.00) from Title XX Social Services Block Grant funding received by the State of Mississippi, unless the total Title XX Social Services Block Grant award received by the State of Mississippi is reduced or increased by the federal government from what was received in federal fiscal year ending September 30, 2005. In cases where the total grant received by the State of Mississippi is reduced or increased, the percentage of the grant allocated to the Department of Mental Health shall be the same as was allocated for the federal year ending
September 30, 2005.
SECTION 25. The Executive Director of the Department of Mental Health is hereby authorized to transfer and receive into the Central Office accounts of the Department of Mental Health certain funds which originated from the various Department of Mental Health facilities as transfers to the Department of Finance and Administration - Bureau of Building and Real Property Management for building/renovation/repair for certain projects that have not been obligated by the Bureau of Building and Real Property Management for the purpose for which the funds were transferred. Said funds are currently held in a Department of Finance and Administration account and may be held in Fund 3391. The Executive Director is further provided authority to transfer those funds from the Central Office to any other Department of Mental Health facility in any amount at his discretion.
SECTION 26. 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 27. This act shall take effect and be in force from and after July 1, 2005.
HR05\SB3080A.J
Don Richardson
Clerk of the House of Representatives