Senate Bill 2659

AN ACT TO BRING FORWARD SECTION 43-13-122, MISSISSIPPI CODE OF 1972, WHICH AUTHORIZES THE DIVISION OF MEDICAID TO APPLY FOR WAIVERS AND RESEARCH GRANTS WITH THE CENTER FOR MEDICARE AND MEDICAID SERVICES OF THE UNITES STATES DEPARTMENT OF HEALTH, FOR THE PURPOSE OF POSSIBLE AMENDMENT; TO BRING FORWARD SECTION 43-13-139, MISSISSIPPI CODE OF 1972, WHICH PROVIDES THAT NOTHING IN THE ARTICLE SHALL BE CONSTRUED TO PREVENT THE GOVERNOR FROM LIMITING MEDICAL ASSISTANCE TO INDIVIDUALS IN ACCORDANCE WITH FEDERAL LAW; FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 43-13-122, Mississippi Code of 1972, is brought forward as follows:

43-13-122. (1) The division is authorized to apply to the Center for Medicare and Medicaid Services of the United States Department of Health and Human Services for waivers and research and demonstration grants.

(2) The division is further authorized to accept and expend any grants, donations or contributions from any public or private organization together with any additional federal matching funds that may accrue and, including, but not limited to, one hundred percent (100%) federal grant funds or funds from any governmental entity or instrumentality thereof in furthering the purposes and objectives of the Mississippi Medicaid program, provided that such receipts and expenditures are reported and otherwise handled in accordance with the General Fund Stabilization Act. The Department of Finance and Administration is authorized to transfer monies to the division from special funds in the State Treasury in amounts not exceeding the amounts authorized in the appropriation to the division.

SECTION 2. Section 43-13-139, Mississippi Code of 1972, is brought forward as follows:

43-13-139. Nothing contained in this article shall be construed to prevent the Governor, in his discretion, from discontinuing or limiting medical assistance to any individuals who are classified or deemed to be within any optional group or optional category of recipients as prescribed under Title XIX of the federal Social Security Act or the implementing federal regulations. If the Congress or the United States Department of Health and Human Services ceases to provide federal matching funds for any group or category of recipients or any type of care and services, the division shall cease state funding for such group or category or such type of care and services, notwithstanding any provision of this article.

SECTION 3. This act shall take effect and be in force from and after July 1, 2022.