MISSISSIPPI LEGISLATURE
2010 Regular Session
To: Appropriations
By: Representatives Holland, Dedeaux, Brown, Coleman (65th), Flaggs, Gibbs, Hines, Scott, Stevens
AN ACT MAKING AN APPROPRIATION TO THE GOVERNOR'S OFFICE - DIVISION OF MEDICAID FOR THE PURPOSE OF PROVIDING MEDICAL ASSISTANCE UNDER THE MISSISSIPPI MEDICAID LAW AND DEFRAYING THE EXPENSES OF THE ADMINISTRATION OF SUCH LAW FOR THE FISCAL YEAR 2011.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
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, to the Governor's Office - Division of Medicaid for the purpose of providing medical assistance under the Mississippi Medicaid Law and defraying the expenses of the administration of such law, as provided in Section 43-13-101 et seq., Mississippi Code of 1972, for the fiscal year beginning July 1, 2010, and ending June 30, 2011
............................................ $ 225,847,823.00.
SECTION 2. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Medical Care Fund created by Section 43-13-143, Mississippi Code of 1972, for the purpose of providing medical assistance under the Mississippi Medicaid Law for the fiscal year beginning July 1, 2010, and ending June 30, 2011...........................................
............................................ $ 253,901,500.00.
SECTION 3. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in any special fund in the State Treasury to the credit of the Governor's Office - Division of Medicaid which is comprised of special source funds collected by or otherwise available to the commission, for the purpose of providing medical assistance under the Mississippi Medicaid Law and defraying the expenses of the administration of such law, for the fiscal year beginning July 1, 2010, and ending June 30, 2011..... $ 4,547,698,428.00.
Prior period recovery of funds may be maintained and expended by the division when the recovery is received or finalized.
SECTION 4. The following sum, or so much thereof as may be necessary, is hereby appropriated out of any money in the State Treasury to the credit of the Health Care Expendable Fund, for the purpose of defraying the expenses of the Governor's Office - Division of Medicaid for the fiscal year beginning July 1, 2010, and ending June 30, 2011................................................ $23,735,570.00.
The above funds shall be allocated as follows:
CHIP Program at 200% level of poverty..... $ 2,879,024.00
Eyeglasses for adults..................... $ 699,191.00
Home and Community Waiver Program......... $ 1,972,132.00
Disabled worker buy-in to the Medicaid
program................................. $ 754,715.00
Dental fee increase....................... $ 904,837.00
Medical Program Matching Funds............ $ 16,525,671.00
It is the intention of the Legislature that funds may be shifted among the above allocated line items where needed in the discretion of the Executive Director of the Division of Medicaid.
SECTION 5. Of the funds appropriated under the provisions of Sections 1, 2, 3 and 4, not more than the amounts set forth below shall be expended for the respective major objects or purposes of expenditure:
MAJOR OBJECTS OF EXPENDITURE:
Personal Services:
Salaries, Wages and Fringe Benefits $ 44,553,069.00
Travel and Subsistence.............. 570,000.00
Contractual Services..................... 69,966,726.00
Commodities.............................. 1,474,070.00
Capital Outlay:
Other Than Equipment................ 0.00
Equipment........................... 1,720,264.00
Vehicles............................ 0.00
Wireless Communication Devices...... 0.00
Subsidies, Loans and Grants.............. 4,932,899,192.00
Total.............................. $ 5,051,183,321.00
FUNDING:
General Funds........................... $ 225,847,823.00
Special Funds............................ 4,825,335,498.00
Total.............................. $ 5,051,183,321.00
AUTHORIZED POSITIONS:
Permanent: Full Time........... 937
Part Time........... 0
Time-Limited: Full Time........... 11
Part Time........... 0
All positions supported by funds available through the American Recovery and Reinvestment Act of 2009 shall be designated as time-limited positions.
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 6. It is the intention of the Legislature that the Governor's Office - Division of Medicaid shall maintain complete accounting and personnel records related to the expenditure of all funds appropriated under this act and that such records shall be in the same format and level of detail as maintained for Fiscal Year 2010. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2012 shall be submitted to the Joint Legislative Budget Committee in a format and level of detail comparable to the format and level of detail provided during the Fiscal Year 2011 budget request process with the State Children's Health Insurance Program (S-CHIP) being separated from the Medical Services Program and submitted as a separate program. In addition, the performance measures reported for the Medical Services Program shall include an unduplicated case count of individuals served by eligibility status, and the number and the costs of emergency room visits.
SECTION 7. 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:
FY2011
Performance Measures Target
Administrative Services
Admin as a % of Total Budget (%) 2.34
3rd Party Funds Recovered 9,157,056
Medical Services
Recipients Enrolled (Persons) 634,923
Emergency Room Visits (Costs) 51,789,985
Emergency Room Visits (Number of) 3,256,720
Out-stationed Eligibility Locations 115
Child's Health Ins Prg - S-CHIP
CHIP Enrollees (Number of) 81,348
Out-stationed Eligibility Locations 115
Dialysis Transportation
Trips (Number of) 4,344
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 2012.
SECTION 8. It is the intention of the Legislature that whenever two (2) or more bids are received by this agency for the purchase of commodities or equipment, and whenever all things stated in such received bids are equal with respect to price, quality and service, the Mississippi Industries for the Blind shall be given preference. A similar preference shall be given to the Mississippi Industries for the Blind whenever purchases are made without competitive bids.
SECTION 9. It is the intention of the Legislature that the Executive Director of the Division of Medicaid may authorize increases in any major objects of expenditure in total amounts not to exceed twenty-five percent (25%) of the appropriated amount of each major object of expenditure, provided that other major objects of expenditure are decreased by a corresponding dollar amount. It is further the intention of the Legislature that any transfers made under the provisions of this paragraph shall be of an emergency nature and that in no case shall the transfers be made which substantially alter the legislative intent for the various programs as set forth in the original appropriations made under this act. However, no transfers shall be authorized which increase the major object of expenditure "Salaries, Wages and Fringe Benefits." The Division shall notify the Director of the Legislative Budget Office within fifteen (15) days of any transfer made.
SECTION 10. Of the funds appropriated herein, an amount not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00) is provided to implement an Adult Foster Care program for Medicaid recipients as authorized by Section 43-13-117, Mississippi Code of 1972.
SECTION 11. Of the funds appropriated herein, an amount not to exceed One Hundred Twenty-five Thousand Dollars ($125,000.00) shall be used to implement a pilot program to promote smoking cessation by use of the most up-to-date prescription class of smoking cessation medication, that being nicotine receptor partial agonist.
SECTION 12. It is the intention of the Legislature that the Division of Medicaid shall develop and implement a program for recertification of eligibility by mail for recipients in nursing homes and disabled recipients who are homebound, including the Katie Beckett category of children. It is the further intention of the Legislature that the number of hours of operation at each of the outstation recertification sites be increased with the goal of making the recertification process easier for Medicaid beneficiaries.
SECTION 13. The Division shall provide statistical and financial reports on a monthly basis to the Legislative Budget Office as requested.
SECTION 14. Of the funds appropriated under the provisions of Section 2, Three Hundred Seventy-one Million Eight Hundred Fifty-two Thousand Dollars ($371,852,000.00) shall be derived from the Budget Contingency Fund created in Section 27-103-301, Mississippi code of 1972.
SECTION 15. Of the funds appropriated under the provisions of Section 3, One Hundred Fifty-two Million One Hundred Ten Thousand Two Hundred Twenty-seven Dollars ($152,110,227.00) is anticipated to be derived from funds provided pursuant to the American Recovery and Reinvestment Act of 2009.
If the amount that ultimately becomes available for this agency from the American Recovery and Reinvestment Act of 2009 differs from the above stated amount, the agency shall immediately report the actual amount to the Legislative Budget Office and the agency may use the American Recovery and Reinvestment Act of 2009 escalation authorization contained within this act to increase the expenditure authority as necessary.
SECTION 16. Of the funds appropriated in this act, the Division of Medicaid shall pay a per diem rate of reimbursement of no less than Fifty Dollars ($50.00) to providers of adult day services for each day of service provided to an eligible beneficiary. In order to receive this per diem rate of reimbursement, providers of adult day services shall participate in the Elderly and Disabled Waiver Program for Home and Community Based Services.
SECTION 17. It is the intention of the Legislature that the agency shall compile cell phone usage records of any cellular phone (wireless communication device) that is assigned, issued or made available to any officer or employee in accordance with Section 25-53-191, Mississippi Code of 1972, and these records shall be made publicly available at the expense of the agency.
SECTION 18. It is legislative intent to ensure beneficial information reaches as many Mississippians as possible. Further, it is legislative intent that the expenditure of public funds for this purpose be accomplished in an efficient and effective manner.
Therefore, state agencies as standard procedure will observe the following criteria:
(a) Develop goals and desired result for a campaign.
(b) Evaluate effectiveness through respected advertising standards, including market reach and cost effectiveness.
(c) Seek public service announcements, which would be aired by media without cost.
(d) Itemize and justify professional assistance and related expenses for creative and production costs outside of the actual media expenditures.
(e) Utilize Mississippi-owned media companies when feasible.
SECTION 19. It is the intention of the Legislature that this agency shall have the authority to receive, budget and expend funds from any source that may become available to them as a result of the passage of the American Recovery and Reinvestment Act of 2009 in accordance with the rules and regulations of the Department of Finance and Administration in a manner consistent with the escalation of federal funds.
The Executive Director of the Department of Finance and Administration shall have the authority to approve escalations of funds and employee positions using funds from any source available due to the passage of the American Recovery and Reinvestment Act of 2009.
The Executive Director of the Department of Finance and Administration shall immediately send notice of the approval of such budget escalation to the House of Representatives Appropriations Committee, the Senate Appropriations Committee and the Legislative Budget Office. Within fifteen (15) days of such approval, the Executive Director of the Department of Finance and Administration shall ensure that the Legislative Budget Office receives detailed and accurate information about the amount and use of federal and special source funds by state agencies as a result of the passage of the American Recovery and Reinvestment Act of 2009.
SECTION 20. No former employee who is receiving State of Mississippi retirement benefits shall be hired under contract for an amount exceeding Twenty Thousand Dollars ($20,000.00) a year without prior approval by an agency’s proper governing board or authority. Upon approval of such contracts, a written report shall be submitted detailing the cost and need of such contract services to the Chairmen and members of the Senate and House Appropriations Committees.
SECTION 21. Of the funds appropriated under the provisions of this act, Eight Million Dollars ($8,000,000.00) shall be derived from the Hurricane Disaster Reserve Fund within the State Treasury for the Governor's Office-Division of Medicaid to be expended as follows:
Matching funds for the Medical Program....... $5,000,000.00
Kidney Dialysis Transportation, former PLADs..............
............................................ $3,000,000.00.
SECTION 22. Of the funds appropriated under the provisions of this act, funds are provided for the purpose of funding 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 eligibility was covered under the former category of eligibility known as PLADS (Poverty Level Aged and Disabled).
SECTION 23. The Division shall create four (4) Social Worker 3 positions in the Assisted Living Waiver program using existing vacant positions. The Division shall fund and make available to eligible Medicaid recipients one thousand (1,000) new slots in the Elderly and Disabled Waiver Program and two hundred (200) new slots in the Assisted Living Waiver Program in addition to those funded in each Waiver Program on January 1, 2010. These new slots shall each be funded continuously throughout the fiscal year. It is the intention of the Legislature that the one thousand (1,000) newly funded slots in the Elderly and Disabled Waiver Program shall be distributed among the Planning and Development Districts. If the required actions in this section are not accomplished by August 31, 2010, no funds after this date may be spent from the major object of expenditure of Salaries, Wages and Fringe Benefits until such time the required actions are accomplished.
SECTION 24. The Division shall pursue a collaborative partnership with the Department of Human Services to leverage existing state dollars to draw down federal matching funds to provide clinical services within community-based care.
SECTION 25. In the Division's Fiscal Year 2012 budget submission, all Medicaid 1915 (C) Home and Community Based Waivers shall be presented as a new budget program separate from the Medical Services Program.
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, 2010.