MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Medicaid
By: Representatives Howell, Lane
AN ACT TO REQUIRE PERSONS WHO PROVIDE MEDICAID PLANNING SERVICES FOR COMPENSATION TO REGISTER ANNUALLY WITH THE DIVISION OF MEDICAID; TO REQUIRE THE DIVISION TO PROVIDE THE LIST OF REGISTERED MEDICAID PLANNERS AND THE INFORMATION CONTAINED IN THE REGISTRATIONS TO EACH LOCAL AND REGIONAL MEDICAID OFFICE; TO REQUIRE THE DIVISION TO INCLUDE A QUESTION ON THE APPLICATION FOR MEDICAID BENEFITS ASKING IF THE APPLICANT HAS USED OR IS USING THE SERVICES OF A MEDICAID PLANNER, AND THE NAME AND CONTACT INFORMATION OF THE MEDICAID PLANNER IF ONE WAS USED BY THE APPLICANT; TO REQUIRE MEDICAID PLANNERS TO FILE A BOND WITH THE STATE TREASURER AT THE TIME OF INITIAL REGISTRATION, WHICH WILL BE IN FAVOR OF THE STATE OF MISSISSIPPI FOR THE BENEFIT OF ANY INDIVIDUAL FOR WHICH THE MEDICAID PLANNER HAS PROVIDED MEDICAID PLANNING SERVICES WHO SUFFERS OR INCURS ANY LOSS, LIABILITY OR DAMAGES BY REASON OF ACTS OF FRAUD, DISHONESTY, MALFEASANCE OR MISFEASANCE OF THE PLANNER OR FAILURE OF THE PLANNER TO PROVIDE THE SERVICES AS REPRESENTED; TO PROVIDE FOR CRIMINAL PENALTIES FOR MEDICAID PLANNERS WHO WILLFULLY FAIL TO REGISTER WITH THE DIVISION OR FILE A SURETY BOND; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) As used in this section, the following terms shall be defined as provided in this subsection:
(a) "Medicaid planner" means an individual who provides Medicaid planning services to other individuals for compensation. However, this term does not include individuals who are licensed attorneys engaged in the practice of law who have legal malpractice insurance that covers their actions in providing Medicaid planning services.
(b) "Medicaid planning" means any assistance provided to a potential Medicaid applicant in advance of and in preparation for their Medicaid application, in order to help the applicant apply for and obtain benefits from the Mississippi Medicaid program.
(2) Each Medicaid planner shall register annually with the Division of Medicaid and provide the following information about the planner to the division:
(a) The planner's place of business, physical address, mailing address, email address and other contact information;
(b) The planner's education level and the number of years that the planner has engaged in Medicaid planning;
(c) Whether the planner holds certification as a Certified Medicaid Planner; and
(d) Such other information as required by the Division of Medicaid.
(3) The Division of Medicaid shall provide the list of registered Medicaid planners and the information contained in the registrations to each local and regional Medicaid office in the state.
(4) The Division of Medicaid shall include a question on the application for Medicaid benefits asking if the applicant has used or is using the services of a Medicaid planner for compensation in the process of applying for Medicaid benefits, and the name and contact information of the Medicaid planner if one was used or is being used by the applicant.
(5) At the time of initial registration, each Medicaid planner shall file with the State Treasurer and have approved by the Secretary of State a surety bond in which the planner is the principal obligor, in the sum of One Hundred Thousand Dollars ($100,000.00) with one or more surety companies licensed to do business in this state whose liability in the aggregate will be equal to that sum. The bond shall be in favor of the State of Mississippi for the benefit of any individual for which the Medicaid planner has provided Medicaid planning services for compensation who suffers or incurs any loss, liability or damages by reason of acts of fraud, dishonesty, malfeasance or misfeasance of the planner or failure of the planner to provide the services as represented. Any individual claiming against the bond may maintain an action against the Medicaid planner and the surety.
(6) Any Medicaid planner who willfully fails to register with the Division of Medicaid or file a surety bond with the State Treasurer as required by this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than Five Hundred Dollars ($500.00) for the first violation and not more than Two Thousand Five Hundred Dollars ($2,500.00) for the second and any later violations.
(7) This section shall stand repealed on July 1, 2017.
SECTION 2. This act shall take effect and be in force from and after July 1, 2015.