MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Medicaid
By: Representative White
AN ACT TO AMEND SECTION 43-13-149, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT FOR MEDICAID PLANNERS TO HAVE A SURETY BOND; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-13-149, Mississippi Code of 1972, is amended as follows:
43-13-149. (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 (i) individuals who are licensed attorneys engaged in the practice of law, or (ii) other individuals who are licensed to provide services that may include 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) Any Medicaid planner who willfully
fails to register with the Division of Medicaid * * * 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.
( * * *6) This section shall stand repealed
on July 1, 2017.
SECTION 2. This act shall take effect and be in force from and after its passage.