2019 Regular Session
By: Senator(s) Clarke, Hopson, Hill, Butler, Norwood, Wiggins, Jackson (11th), Jordan
AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE DEPARTMENT OF MENTAL HEALTH FOR FISCAL YEAR 2020.
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, for the support and maintenance of the Department of Mental Health for the fiscal year beginning July 1, 2019, and ending June 30, 2020..................................................
............................................ $ 210,249,071.00.
SECTION 2. The following sum, or so much thereof as may be necessary, is hereby authorized for expenditure out of any special source funds which are collected by or otherwise become available for the support and maintenance of the Department of Mental Health for the fiscal year beginning July 1, 2019, and ending June 30, 2020 $ 379,323,354.00.
SECTION 3. Of the funds appropriated under the provisions of Section 2, Eighteen Million Nine Hundred Fifty-one Thousand Eight Hundred Eighty-six Dollars ($18,951,886.00) shall be derived from the Health Care Expendable Fund created in Section 43-13-407, Mississippi Code of 1972, for the support and maintenance of the Department of Mental Health. The funds provided for in this section shall be allocated as follows:
$ 9,259,790.00 Expenses of the Department of Mental
$ 379,417.00 Alzheimer's disease services development
and implementation of Senate Bill No.
2100, 1997 Regular Session.
$ 3,896,641.00 Medicaid matching funds.
$ 252,944.00 Psychotropic drugs or Medicaid match.
$ 505,890.00 Alzheimer's Disease Program, prepayment
to Medicaid, etc.
$ 2,727,792.00 Holding centers, group homes, substance
abuse programs, Children's Programs,
Prepayment of Medicaid, etc.
$ 636,374.00 Crisis Centers
$ 1,138,252.00 Physician services at community mental
$ 50,590.00 Grant for Epilepsy Foundation of
Mississippi or Medicaid match.
$ 104,196.00 Specialized Treatment Facility.
$ 18,951,886.00 TOTAL
SECTION 4. Of the funds appropriated under the provisions of Sections 1 and 2 of this act, the following positions are authorized:
Permanent: Full Time........... 7,112
Part Time........... 40
Time-Limited: Full Time........... 600
Part Time........... 18
With the funds herein appropriated, it shall be the agency's responsibility to make certain that funds required to be appropriated for "Personal Services" for Fiscal Year 2021 do not exceed Fiscal Year 2020 funds appropriated for that purpose, unless programs or positions are added to the agency's Fiscal Year 2020 budget by the Mississippi Legislature. Based on data provided by the Legislative Budget Office, the State Personnel Board shall determine and publish the projected annual cost to fully fund all appropriated positions in compliance with the provisions of this act. It shall be the responsibility of the agency head to ensure that no single personnel action increases this projected annual cost and/or the Fiscal Year 2020 appropriations for "Personal Services" when annualized, with the exception of escalated funds and the award of benchmarks. If, at the time the agency takes any action to change "Personal Services," the State Personnel Board determines that the agency has taken an action which would cause the agency to exceed this projected annual cost or the Fiscal Year 2020 "Personal Services" appropriated level, when annualized, then only those actions which reduce the projected annual cost and/or the appropriation requirement will be processed by the State Personnel Board until such time as the requirements of this provision are met.
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.
None of the funds herein appropriated shall be used in violation of Internal Revenue Service's Publication 15-A relating to the reporting of income paid to contract employees, as interpreted by the Office of the State Auditor.
SECTION 5. 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:
Performance Measures Target
Number of on-site reviews conducted by
the Division of Audit 73.00
Number of on-site reviews conducted for
DMH certified provider agencies 210.00
Mental Health Services
Percentage of population lacking access
to community-based mental health care 35.00
Percentage of DMH clients served in the
community versus in an institutional
Increase by at least 25% the utilization
of alternative placement/treatment
options for individuals who have had
multiple hospitalizations and do not
respond to traditional treatment 25.00
Number served by PACT Teams 450.00
Number of individuals employed through
supported employment 350.00
Increase access to crisis services by
tracking the number of calls to Mobile
Crisis Response Teams 28,000.00
Number referred from Mobile Crisis
Response Teams to a Community Mental
Health Center and scheduled an
Number diverted from a more restrictive
environment due to Mobile Crisis
Response Teams 22,000.00
Increase the number of Certified Peer
Support Specialists in the State 325.00
Number of individuals on planning list
for home and community-based services 2,358.00
Percentage of DMH institutionalized
clients who could be served in the
Percentage of DMH clients served in the
community versus in an institutional
Number of people added from planning
list to ID/DD Waiver services 100.00
Children & Youth Services
Percentage of children with serious
mental illness served by local
Multidisciplinary Assessment and
Planning (MAP) teams 3.50
Number served by MAP teams 915.00
Number of children and youth that are
served by Wraparound Facilitation 1,464.00
3% Alcohol Tax-alcohol/drug Prg
Number of residential beds made
available statewide due to the Three
Percent Tax supplements 248.00
Number receiving residential substance
use disorder treatment 430.00
Crisis Stabilization Units
Average length of time from mental
health crisis to receipt of community
mental health crisis service 1.50
Percentage of people receiving mental
health crisis services who were treated
at community mental health centers vs.
Diversion rate of admissions to state
hospitals (% of people) 92.50
Number of involuntary admissions 1,175.00
Number of voluntary admissions 1.475.00
Mi - Institutional Care
Number served adult acute psychiatric 2,160.00
Maintain readmission rates within
national trends (%) 5.40
Mi - Pre/post Inst Care (comm Svs)
Total individuals Served 235.00
Mi - Support Services
Support as a percent of total budget at MSH 3.59
Idd - Institutional Care
Number of people served in residential
IID programs. 889.00
Number of people transitioned from
facility to ICF/IID community home 37.00
Idd - Group Homes
Number of people served in the 10-bed
ICF/IID community homes 596.00
Percentage of people served in the
community versus in an institutional
Idd - Community Programs
Number of people added from planning
list to ID/DD Waiver Services 100.00
Number of people enrolled in the 1915i 1,150.00
Idd - Support Services
Support as a percentage of total budget. 3.60
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 2021.
SECTION 6. The Department of Mental Health and its facilities shall have the authority, within funding and spending authority appropriated under the provisions of this act to transfer funds to the Division of Medicaid in payment of Medicaid match and designate that the funds thus transferred shall be applied to Medicaid match obligations arising in the subsequent fiscal year.
SECTION 7. Any person within the Department of Mental Health who must work on a statutory holiday or any holiday proclaimed by the Governor may, at the discretion of the Director of the Institution and the Executive Director of the Department of Mental Health and within available personnel funds, be paid "call-back pay" in lieu of "compensatory time credit."
SECTION 8. Of the funds appropriated to the "Service Budget," funds are included for the support of community mental health services for Fiscal Year 2020.
Provided, however, that none of the funds appropriated for the support of community mental health services shall be made available to any Regional Mental Health/Intellectual Disability Center which does not receive from each of its participating counties a dollar amount equivalent to what the proceeds of a three-fourths (3/4) mill tax on all taxable property in the county in Fiscal Year 1982 would have been or the amount of funds contributed to the center by the county in Fiscal Year 1984, whichever shall be greater. By means of performance contracts, the Department of Mental Health shall disburse the funds appropriated in this section for services for the mentally ill, intellectually disabled and alcohol/drug abusers. The State Board of Mental Health and the Department of Mental Health shall be responsible for selecting the types of services which shall be provided with the funds appropriated in this section, for developing and monitoring performance contracts and for holding contractors accountable for utilization of funds.
SECTION 9. Ellisville State School is authorized to draw up to Four Hundred Fifty Thousand Dollars ($450,000.00) from interest earned on funds invested in Ellisville State School Client's Trust Fund for the purpose of supplementing the cost related to supplies, property, and equipment in direct care.
SECTION 10. The Department of Mental Health and its facilities shall have the express legal authority, within funding and spending authority appropriated under the provisions of this act to purchase land for use by residential facilities operated by the department, either directly or by means of transferring funds to the Bureau of Building, Grounds and Real Property Management, and to transfer such funds to the Bureau of Building, Grounds, and Real Property Management for the purposes of constructing and equipping group homes for persons with mental illness, intellectual disability, and/or substance abuse; constructing and equipping such other buildings as may be required for treatment of persons with mental illness, intellectual disability, and/or substance abuse; repair and renovate existing buildings; and to construct, repair and/or renovate employee housing. Any intermediate care facilities for individuals with intellectual disabilities (ICF/IID) constructed with funds authorized in this section shall be authorized to participate in Medicaid funding available for such services.
SECTION 11. It is the intention of the Legislature that the Department of Mental Health 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 2019. It is further the intention of the Legislature that the agency's budget request for Fiscal Year 2021 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 2020 budget request process.
SECTION 12. It is the intention of the Legislature that none of the funds provided herein shall be used to pay certain utilities for state-furnished housing for any employees. Such utilities shall include electricity, natural gas, butane, propane, cable and phone services. Where actual cost cannot be determined, the agency shall be required to provide meters to be in compliance with legislative intent. Such state-furnished housing shall include single-family and multifamily residences but shall not include any dormitory residences. Allowances for such utilities shall be prohibited.
SECTION 13. It is the intention of the Legislature that the Executive Director of the Department of Mental Health shall have authority to transfer cash from one special fund treasury fund to another special fund treasury fund under the control of the Department of Mental Health. The purpose of this authority is to more efficiently use available cash reserves. It is further the intention of the Legislature that the Executive Director of the Department of Mental Health shall submit written justification for the transfer to the Legislative Budget Office and the Department of Finance and Administration. None of the funds transferred with this section may be transferred to the Central Office for Personal Services.
SECTION 14. Of the funds appropriated under the provisions of this act, Sixteen Million One Hundred Thousand Dollars ($16,100,000.00) is provided to the Department of Mental Health to expand those community-based services that will improve the State of Mississippi's compliance with the Olmstead decision of the United States Supreme Court. Further, it is the intention of the Legislature that the Department of Mental Health shall have the authority to transfer such sums from this source as are necessary to implement or improve those community services that are more appropriately addressed by the Mississippi Department of Education and/or the Mississippi Department of Rehabilitation Services to those agencies for that purpose. Further, it is the intention of the Legislature that any sums received from this source that are not expended during the fiscal year ending June 30, 2020, by the Mississippi Department of Mental Health shall be reappropriated for the same purpose during the fiscal year ending June 30, 2021. Further, it is the intention of the Legislature that the Department of Mental Health shall account for the expenditure of these funds in sufficient detail to clearly show the purposes for which such funds were expended. The Executive Director of the Department of Mental Health shall report any such reappropriation to the Legislative Budget Office no later than fifteen (15) days after the effective date of the reappropriation.
SECTION 15. Of the funds appropriated in this act, the Department of Mental Health, with approval by the board, may contract with a Community Mental Health Center, or suitable entities, for the purpose of operating the Crisis Intervention Center at Grenada.
Of the funds appropriated in this act, the Department of Mental Health, with approval by the board, may contract with a community health center to allow Region 14 to be served at the Crisis Stabilization Unit at Gulfport.
The Department of Mental Health, with approval by the board, may also contract with suitable entities for the purpose of operating the crisis intervention centers in Batesville, Brookhaven, Cleveland, Corinth, Laurel and Newton. The department shall provide quarterly progress reports on the operation of the crisis intervention centers to the Chairmen of the Senate and House Public Health and Appropriations Committees.
SECTION 16. 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 17. The Department of Finance and Administration (DFA) shall transfer funds back to the Department of Mental Health, upon the request of the Department of Mental Health, where the funds received by DFA from the Department of Mental Health were special funds (neither general funds or bond funds) and where those funds are not required for the payment of costs already incurred on a building or repair project. For the purposes of this section, the term "special funds" includes any state source special funds including, but not limited to, funds from the Health Care Expendable Fund. The duty of DFA to transfer funds back to the Department of Mental Health under this section applies to any funds described in this section that were transferred to DFA, regardless of the year that the transfer was made by the Department of Mental Health.
SECTION 18. It is the intention of the Legislature that the Department of Mental Health may provide, upon the availability of funds, Five Hundred Thousand Dollars ($500,000.00) to the Hope Village for Children Program.
SECTION 19. None of the funds provided in Section 1, 2, or 3 of this act shall be used to pay Medicaid match for the fourteen (14) Community Mental Health Centers.
SECTION 20. Of the funds appropriated under the provisions of this act, an amount not to exceed Two Hundred Fifty Thousand Dollars ($250,000.00) is provided for community-based mental health services for juveniles in detention.
SECTION 21. Of the funds appropriated in Section 1, it is the intention of the Legislature that Three Million Nine Hundred Ten Thousand Seven Hundred Two Dollars ($3,910,702.00) shall be allocated to the Crisis Intervention Mental Health Fund supported by General Fund court assessments.
SECTION 22. Of the funds appropriated in this act, the Department of Mental Health shall fund four (4) Programs of Assertive Community Treatment (PACT) Teams and provide supportive employment for individuals with intellectual and developmental disabilities.
SECTION 23. 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 24. This act shall take effect and be in force from and after July 1, 2019.