Senate Bill 2693

AN ACT TO CREATE A SPECIAL FUND IN THE STATE TREASURY FOR THE DEPOSIT OF FEDERAL FUNDS ALLOCATED TO MISSISSIPPI UNDER THE DEFICIT REDUCTION ACT OF 2005 (S. 1932) FOR THE PURPOSE OF REPLACING THE STATE'S SHARE UNDER THE MEDICAID PROGRAM DUE TO THE HURRICANE KATRINA DISASTER; TO PROVIDE THAT THESE FUNDS SHALL BE APPROPRIATED BY THE LEGISLATURE FOR THE PURPOSE OF PROVIDING THE STATE MATCH REQUIREMENTS FOR KATRINA DISASTER RELIEF PROGRAMS PROVIDED BY FEMA UNDER THE STAFFORD ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) There is hereby created in the State Treasury a special fund to be designated the Hurricane Katrina Federal Medicaid State Share Replacement Fund. The State Treasurer shall deposit the following funds into said fund: All federal funds allocated to the State of Mississippi for the fiscal relief of the state's Medicaid program under The Deficit Reduction Act of 2005 (S. 1932) for the following allowable expenses:

(a) For the state share of Medicaid services from August 24, 2005, through June 30, 2006, for evacuees from other states and for individuals that resided in one (1) of the lower forty-seven (47) counties of Mississippi receiving benefits under an approved multi-state 1115 demonstration project (Katrina Waiver);

(b) For the total uncompensated care costs incurred for medically necessary services from August 24, 2005, through January 31, 2006, for evacuees from other states and for individuals that resided in one (1) of the lower forty-seven (47) counties of Mississippi who do not have other coverage for such assistance through insurance, including, but not limited to, private insurance, Medicaid or SCHIP, or state-funded health insurance programs;

(c) For the state share until June 30, 2006, of services for individuals that reside in one (1) of the lower forty-seven (47) counties of Mississippi who are eligible for benefits under the regular Medicaid or SCHIP program; and

(d) For costs associated with restoring access to health care in the impacted Hurricane Katrina disaster counties as per the approval of the Secretary of the United States Department of Health and Human Services.

(2) The Executive Director of the Mississippi Department of Finance and Administration, pursuant to specific appropriation therefor by the Legislature, is hereby directed to transfer any funds in the Hurricane Katrina Federal Medicaid State Share Replacement Fund to the Mississippi Emergency Management Agency (MEMA) or other appropriate fund for the purpose of providing state matching requirements for the State of Mississippi for services provided by FEMA to fund Stafford Act activities directly related to the Hurricane Katrina disaster in Mississippi as required by federal law. These activities include, but are not limited to, debris removal, rebuilding highways, rebuilding schools and rebuilding other public buildings.

(3) Any funds remaining in the Hurricane Katrina Federal Medicaid State Share Replacement Fund at the end of any fiscal year shall not lapse into the State General Fund but shall remain in said special fund. Any interest earned on the Hurricane Katrina Federal Medicaid State Share Replacement Fund shall be applied to, and shall remain in said special fund.

SECTION 2. This act shall take effect and be in force from and after its passage.