MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Medicaid

By: Representative White

House Bill 897

(As Passed the House)

AN ACT TO AMEND SECTION 43-13-149, MISSISSIPPI CODE OF 1972, TO DELETE THE REQUIREMENT FOR MEDICAID PLANNERS TO HAVE A SURETY BOND; TO AMEND SECTION 43-13-119, MISSISSIPPI CODE OF 1972, TO EXTEND THE DATE OF THE REPEALER ON THE TEMPORARY PROGRAM TO PROVIDE NONEMERGENCY TRANSPORTATION FOR CERTAIN LOW-INCOME AGED OR DISABLED PERSONS TO RECEIVE DIALYSIS SERVICES; 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)  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.

     ( * * *65)  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.

     ( * * *76)  This section shall stand repealed on July 1, 2017.

SECTION 2.  Section 43-13-119, Mississippi Code of 1972, is amended as follows:

43-13-119.  (1)  The Division of Medicaid shall immediately design and implement 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 resources did not exceed those established by the division as of December 31, 2005, whose eligibility was covered under the former category of eligibility known as PLADs (Poverty Level Aged and Disabled).

     (2)  The transportation services under the program shall be provided by any reasonable provider, which may include (a) public entities or (b) private entities and individuals who are in the business of providing nonemergency transportation, including faith-based organizations, and the division shall reimburse those entities and individuals or faith-based organizations for providing the transportation services in accordance with a mutually agreed upon reimbursement schedule.

     (3)  The program shall be funded from monies that are appropriated or otherwise made available to the division.  The funds shall be appropriated to the division specifically to cover the cost of this program and shall not be a part of the division's regular appropriation for the operation of the federal-state Medicaid program.

     (4)  The program is a separate program that is not part of or connected to the Medicaid program, and the relationship of the division to the program is only as the administering agent.

     (5)  This section shall stand repealed on July 1, * * * 2016 2019.

     SECTION 3.  This act shall take effect and be in force from and after its passage.

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