MISSISSIPPI LEGISLATURE

2014 Regular Session

To: Public Health and Welfare; Appropriations

By: Senator(s) Burton

Senate Bill 2258

AN ACT TO AMEND SECTION 43-13-117.1, MISSISSIPPI CODE OF 1972, TO AUTHORIZE MEDICAID COVERAGE FOR HOME/THERAPEUTIC LEAVE DAYS FOR THE SUPERVISED LIVING WAIVER PROGRAM; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 43-13-117.1, Mississippi Code of 1972, is amended as follows:

     43-13-117.1.  It is the intent of the Legislature to expand access to Medicaid-funded home- and community-based services for eligible nursing facility residents who choose those services.  The Executive Director of the Division of Medicaid is authorized to transfer funds allocated for nursing facility services for eligible residents to cover the cost of services available through the Independent Living Waiver, the Traumatic Brain Injury/Spinal Cord Injury Waiver, the Elderly and Disabled Waiver, and the Assisted Living Waiver programs when eligible residents choose those community services.  The amount of funding transferred by the division shall be sufficient to cover the cost of home- and community-based waiver services for each eligible nursing facility * * *residents resident who * * *choose chooses those services.  The number of nursing facility residents who return to the community and home- and community-based waiver services shall not count against the total number of waiver slots for which the Legislature appropriates funding each year.  Any funds remaining in the program when a former nursing facility resident ceases to participate in a home- and community-based waiver program under this provision shall be returned to nursing facility funding.

     Medicaid coverage of home/therapeutic leave days per fiscal year (July 1 to June 30) for a supervised living arrangement is twenty-five (25) days, in addition to Christmas Day, the day before Christmas, the day after Christmas, Thanksgiving Day, the day before Thanksgiving, and the day after Thanksgiving.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2014.