MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Judiciary A
By: Representative Snowden
AN ACT TO PROVIDE THAT IF A PERSON HAS A DELINQUENT CHILD SUPPORT OBLIGATION, IS RESIDING IN A NURSING FACILITY, IS A MEDICAID RECIPIENT, AND HAS AN INCOME CONSISTING SOLELY OF A MONTHLY SOCIAL SECURITY BENEFIT, THEN THE DIVISION OF MEDICAID SHALL PAY THE PROVIDER OF THE NURSING FACILITY SERVICES THE FULL AMOUNT OF THE REIMBURSEMENT FOR THAT PROVIDER, AS IF THE AMOUNT OF THE PERSON'S CHILD SUPPORT OBLIGATION HAD NOT BEEN DEDUCTED FROM THE PERSON'S MONTHLY RESOURCE CHECK OR BENEFIT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) If a person who meets the criteria specified in subsection (2) of this section has a delinquent child support obligation, and he or she is receiving nursing facility services that are being reimbursed under the Mississippi Medicaid Law, then the Division of Medicaid in the Office of the Governor may not reduce the amount of the reimbursement for the provider of nursing facility services by the amount of the child support obligation, even if the amount of the child support obligation has been deducted from the person's monthly resource check or benefit and that deduction has the effect of decreasing the net amount of the person's monthly resource check or benefit. In those limited cases, the Division of Medicaid shall pay the provider of the nursing facility services the full amount of the reimbursement for that provider in the same manner as if the amount of the child support obligation had not been deducted from the person's monthly resource check or benefit, using any funds available to the division to make that payment.
(2) Before the provisions of subsection (1) of this section may be implemented, the person must meet each of the following criteria:
(a) He or she is the defendant in a garnishment proceeding pursuant to a court order, or in a child support obligation withholding proceeding pursuant to an administrative order of the Department of Human Services, for the delinquent child support obligation.
(b) He or she is a resident of a nursing facility due to a debilitating medical or psychological illness or condition, and he or she is not likely to be capable of residing outside of a nursing facility at any time in the future.
(c) He or she is a Medicaid recipient.
(d) His or her sole source of income is a monthly resource check representing a benefit provided by the United States Social Security Administration.
SECTION 2. This act shall take effect and be in force from and after its passage.