House Bill 229

(As Sent to Governor)

AN ACT TO PROVIDE THAT THE DIVISION OF MEDICAID SHALL DESIGN AND IMPLEMENT A TEMPORARY PROGRAM TO PROVIDE NONEMERGENCY TRANSPORTATION FOR CERTAIN KIDNEY DIALYSIS PATIENTS; TO PROVIDE THAT THE TRANSPORTATION SERVICES UNDER THE PROGRAM MAY BE PROVIDED BY PUBLIC OR PRIVATE ENTITIES AND INDIVIDUALS, AND THE DIVISION SHALL REIMBURSE THOSE ENTITIES AND INDIVIDUALS IN ACCORDANCE WITH A MUTUALLY AGREED UPON REIMBURSEMENT SCHEDULE; TO PROVIDE THAT THE PROGRAM IS NOT PART OF OR CONNECTED TO THE MEDICAID PROGRAM; TO AUTHORIZE THE DIVISION TO APPLY FOR WAIVERS TO CONTINUE THIS PROGRAM; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) The Division of Medicaid shall immediately design and implement a temporary program to provide nonemergency transportation to locations for necessary dialysis services for end stage renal disease patients who are sixty-five (65) years of age or older or are disabled as determined under Section 1614(a)(3) of the federal Social Security Act, as amended, whose income did not exceed one hundred thirty-five percent (135%) of the nonfarm official poverty level as defined by the Office of Management and Budget, and whose resources did not exceed those established by the division as of December 31, 2005, whose eligibility was covered under the former category of eligibility known as PLADs (Poverty Level Aged and Disabled).

(2) The transportation services under the program shall be provided by any reasonable provider, which may include (a) public entities or (b) private entities and individuals who are in the business of providing nonemergency transportation, including faith-based organizations, and the division shall reimburse those entities and individuals or faith-based organizations for providing the transportation services in accordance with a mutually agreed upon reimbursement schedule.

(3) The program shall be funded from monies that are appropriated or otherwise made available to the division. The funds shall be appropriated to the division specifically to cover the cost of this program and shall not be a part of the division's regular appropriation for the operation of the federal-state Medicaid program.

(4) The program is a separate program that is not part of or connected to the Medicaid program, and the relationship of the division to the program is only as the administering agent.

(5) This section shall stand repealed on October 31, 2006.

SECTION 2. The division is authorized to seek approval from the Centers for Medicare and Medicaid Services (CMS) for a waiver or grant to cover those individuals identified to receive services under this act as allowed by federal law. The division is also authorized to explore other options for administering and providing services under this program, including, but not limited to, grants to nonprofit organizations.

Section 3. This act shall take effect and be in force from and after its passage.