MISSISSIPPI LEGISLATURE
2011 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 2012.
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, 2011, and ending June 30, 2012
............................................ $ 115,997,818.00.
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, 2011, and ending June 30, 2012...........................................
............................................. $ 300,336,638.00.
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, 2011, and ending June 30, 2012...... $ 4,489,845,557.00.
Prior period recovery of funds may be maintained and expended by the division when the recovery is received or finalized. Any recoveries due to audits or third party recoveries may be used to offset the cost of such audits and third party recoveries and as such, the division may escalate Contractual Services as needed for these purposes.
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, 2011, and ending June 30, 2012.. $ 118,379,006.00.
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........... $ 111,169,107.00
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 this act, the following positions are authorized:
AUTHORIZED POSITIONS:
Permanent: Full Time........... 928
Part Time........... 0
Time-Limited: Full Time........... 9
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 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 2011. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2013 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 2012 budget request process with the Children's Health Insurance Program (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:
FY2012
Performance Measures Target
Administrative Services
Admin as a % of Total Budget (%) 3.90
Third Party Funds Recovered ($) 14,108,388.00
Clean Claims % - 30 Days from Receipt 90.00
Clean Claims % - 90 Days from Receipt 99.00
Fiscal Agent Call Center Abandonment Rate (%) 4.90
Fiscal Agent Call Center Avg Answer Time 32
Increase in Electronic Health Records 650
Increase in E-Prescribing Technologies 650
Providers Submitting Electronic Claims 17,000
Third Party Liability Costs
Avoided ($ Thou) 1,731,431
Applications Processed within
Standard of Promptness (%) 75.00
Appeals Process, Claims Heard or Settled 48
Medical Services
Recipients Enrolled (Persons) 646,720
Emergency Room Visits ($) 87,723,939.00
Emergency Room Visits 456,106
Out-stationed Eligibility Locations 115
Child Physical Exams 242,047
Adult Physical Exams 4,477
Num of Fraud/Abuse Cases Investigated 140
Kidney Dialysis (Number of Trips) 48,922
Child's Health Insur Prg (chip)
CHIP Enrollees (Number of) 71,986
Out-stationed Eligibility Locations 115
Home/community Based Waiver Prg
Elderly & Disabled - Persons Served 11,790
Elderly & Disabled - Funded Slots 10,200
Elderly & Disabled - Total Auth Slots 19,000
Assisted Living - Persons Served 445
Assisted Living - Funded Slots 400
Assisted Living - Total Auth Slots 700
Independent Living - Persons Served 2,700
Independent Living - Funded Slots 2,700
Independent Living - Total Auth Slots 4,200
Taumatic Brain Inj - Persons Served 850
Taumatic Brain Inj - Funded Slots 850
Taumatic Brain Inj - Total Auth Slots 3,000
Intellectual Disab - Persons Served 1,889
Intellectual Disab - Funded Slots 1,889
Intellectual Disab - Total Auth Slots 2,800
MYPAC - Persons Served 600
MYPAC - Funded Slots 600
MYPAC - Total Auth Slots 600
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 2013.
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. 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 10. The division shall provide statistical and financial reports on a monthly basis to the Legislative Budget Office. These reports shall include, but are not limited to, an accounting of all funds spent and participant statistics medical program, the CHIP program, the Dialysis Transportation program, and each of the Home-and-Community Based Waiver programs, and an accounting of all funds spent in the administrative program.
The Division of Medicaid shall perform its cash flow projections on a predetermined monthly schedule and make this and any other information requested available, upon request, to the Chair of the Senate Public Health and Welfare Committee, the House Public Health and Human Services Committee, the House Medicaid Committee, the House and Senate Appropriations Committees as well as the Legislative Budget Office.
SECTION 11. Of the funds appropriated under the provisions of Section 3, Five Hundred Seventeen Million Five Hundred Sixty Thousand Two Hundred Thirty Dollars ($517,560,230.00) shall be derived from the Budget Contingency Fund created in Section 27-103-301, Mississippi code of 1972.
SECTION 12. 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 13. 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 14. 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 15. 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 16. The division shall freeze reimbursement rates for long-term care at the level that rates were in effect on January 1, 2011, and shall increase funding for the Assisted Living and Elderly and Disabled Home-and-Community Based Waiver programs by Three Million Dollars ($3,000,000.00).
SECTION 17. In the division's Fiscal Year 2013 budget submission, all Medicaid 1915 (C) Home and Community Based Waivers shall be presented as a budget program separate from the Medical Services Program.
SECTION 18. It is the intent of the Legislature that the Division of Medicaid submit a state plan amendment with Centers for Medicare and Medicaid Services (CMS) for the purpose of implementing a program that meets the national standards of the Program for All-Inclusive Care for the Elderly (PACE) program. The state plan amendment shall include a plan to implement a program in each of the four (4) congressional districts.
SECTION 19. The Division shall transfer One Million Dollars ($1,000,000.00) of State Support Funds to the Department of Rehabilitation Services for the expansion of the Independent Living Home and Community Based Waiver program and shall transfer One Million Dollars ($1,000,000.00) of State Support Funds to the Department of Human Services to expand the Home Delivered Meals program.
SECTION 20. Of the funds appropriated under the provisions of this act, Three Million Dollars ($3,000,000.00) 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 Poverty Level Aged and Disabled (PLADS).
SECTION 21. Of the appropriated funds herein, the division may use an amount not less than Nine Hundred Four Thousand Dollars ($904,000.00) to increase dental services rates.
SECTION 22. 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 23. This act shall take effect and be in force from and after July 1, 2011.