Bill Text: MS SB2384 | 2016 | Regular Session | Engrossed
Bill Title: Mississippi Department of Medicaid and Human Services; establish.
Spectrum: Bipartisan Bill
Status: (Failed) 2016-04-18 - Died In Conference [SB2384 Detail]
Download: Mississippi-2016-SB2384-Engrossed.html
MISSISSIPPI LEGISLATURE
2016 Regular Session
To: Appropriations
By: Senator(s) Clarke, Simmons (13th)
Senate Bill 2384
(As Passed the Senate)
AN ACT TO ESTABLISH THE MISSISSIPPI DEPARTMENT OF MEDICAID AND HUMAN SERVICES WHICH SHALL CONSIST OF THE PROGRAMS OF THE DIVISION OF MEDICAID IN THE OFFICE OF THE GOVERNOR, THE DEPARTMENT OF HUMAN SERVICES IN THE OFFICE OF THE GOVERNOR WITH CERTAIN EXCEPTIONS AND THE MISSISSIPPI DEPARTMENT OF REHABILITATION SERVICES; TO ESTABLISH THE POSITION OF EXECUTIVE DIRECTOR OF THE MISSISSIPPI DEPARTMENT OF MEDICAID AND HUMAN SERVICES AND EMPOWER THE DIRECTOR TO ADMINISTER THE PROGRAMS OF THE NEW DEPARTMENT; TO TRANSFER THE SAID PROGRAMS TO THE NEW MISSISSIPPI DEPARTMENT OF MEDICAID AND HUMAN SERVICES; TO AMEND SECTIONS 43-13-105, 43-13-107, 43-13-109, 43-13-113, 43-13-120, 43-13-121, 43-13-139, 43-13-301, 43-13-303, 43-13-305, 43-13-309, 43-1-1, 43-1-2, 43-1-3, 43-1-4, 43-1-5, 43-1-7, 43-1-9, 43-1-12, 43-1-15, 43-1-17, 43-1-21, 43-1-23, 43-1-28, 43-1-29, 43-17-1, 43-17-3, 43-19-31, 43-19-47, 43-27-2, 43-27-10, 43-27-11, 43-27-22, 43-27-37, 43-27-101, 43-27-107, 43-27-201, 43-27-401, 43-29-1, 43-47-5, 43-51-7, 43-53-3, 37-33-151, 37-33-153, 37-33-155, 37-33-157, 37-33-159, 37-33-161, 37-33-163, 37-33-165, 37-33-167, 37-33-171, 37-33-173, 37-33-201, 37-33-205, 37-33-207, 37-33-213, 37-33-223, 37-33-253 AND 37-33-261, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO AMEND SECTION 25-9-127, MISSISSIPPI CODE OF 1972, TO EXEMPT THE PERSONNEL ACTIONS OF THE EXECUTIVE DIRECTOR OF THE MISSISSIPPI DEPARTMENT OF MEDICAID AND HUMAN SERVICES FROM STATE PERSONNEL BOARD PROCEDURES FOR A PERIOD OF ONE YEAR; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Mississippi Department of Medicaid and Human Services is hereby established, and shall retain all powers and duties granted by law to the following state agencies:
(a) The Division of Medicaid in the Office of the Governor;
(b) The Department of Human Services in the Office of the Governor, with the exceptions of programs administered by the Director of Family and Children's Services relating to (i) foster care; (ii) protective services for children; (iii) adoption services; and (iv) licensure; and
(c) The State Department of Rehabilitation Services.
(2) The Governor shall appoint an Executive Director of the Mississippi Department of Medicaid and Human Services with the advice and consent of the Senate, who shall serve at the will and pleasure of the Governor. The executive director shall administer the programs of the Mississippi Department of Medicaid and Human Services, and may assign to the appropriate offices such powers and duties deemed appropriate to carry out the lawful functions of the programs transferred to the department under this act.
(3) On July 1, 2016, all duties, responsibilities, authority, power, assets, liabilities, contractual rights and obligations and property rights, whether accruing or vesting in the transferred agencies before or after July 1, 2016, are vested in the Mississippi Department of Medicaid and Human Services. All employees of the transferred agencies or division of agencies holding positions on July 1, 2016, shall be employees of the Mississippi Department of Medicaid and Human Services. The Executive Director of the Mississippi Department of Medicaid and Human Services shall be authorized to combine or abolish employee positions as necessary to carry out the provisions of this act, and the executive director is authorized to reorganize such offices, services, programs or other activities so as to achieve economy and efficiency and if the executive director finds such action to be in the public interest.
(4) When applicable, the Department of Medicaid and Human Services shall utilize any 90/10 match program regarding the availability of federal funds that can be used for dual enrollment programs and efficiencies in data processing and enrollee management.
SECTION 2. Section 43-13-105, Mississippi Code of 1972, is amended as follows:
43-13-105. When used in this article, the following definitions shall apply, unless the context requires otherwise:
(a)
"Administering agency" means the Division of Medicaid in the * * * Mississippi
Department of Medicaid and Human Services as created by this article.
(b) "Director" means the Director of the Division of Medicaid of the Mississippi Department of Medicaid and Human Services.
( * * *c) "Division" or
"Division of Medicaid" means the Division of Medicaid in the * * * Mississippi
Department of Medicaid and Human Services.
( * * *d) "Medical assistance"
means payment of part or all of the costs of medical and remedial care provided
under the terms of this article and in accordance with provisions of Titles XIX
and XXI of the Social Security Act, as amended.
( * * *e) "Applicant" means a
person who applies for assistance under Titles IV, XVI, XIX or XXI of the
Social Security Act, as amended, and under the terms of this article.
( * * *f) "Recipient" means a
person who is eligible for assistance under Title XIX or XXI of the Social
Security Act, as amended and under the terms of this article.
( * * *g) "State health agency"
means any agency, department, institution, board or commission of the State of
Mississippi, except the University of Mississippi Medical School, which is
supported in whole or in part by any public funds, including funds directly
appropriated from the State Treasury, funds derived by taxes, fees levied or
collected by statutory authority, or any other funds used by "state health
agencies" derived from federal sources, when any funds available to such
agency are expended either directly or indirectly in connection with, or in
support of, any public health, hospital, hospitalization or other public
programs for the preventive treatment or actual medical treatment of persons
with a physical disability, mental illness or an intellectual disability.
( * * *h) "Mississippi Medicaid
Commission" or "Medicaid Commission," wherever they appear in
the laws of the State of Mississippi, means the Division of Medicaid in the * * * Mississippi Department
of Medicaid and Human Services.
SECTION 3. Section 43-13-107, Mississippi Code of 1972, is amended as follows:
43-13-107. (1) The
Division of Medicaid is created in the * * * Mississippi
Department of Medicaid and Human Services and established to administer
this article and perform such other duties as are prescribed by law.
(2) (a) The * * * Executive Director of the
Mississippi Department of Medicaid and Human Services shall appoint a full-time * * * Director of the Division of
Medicaid, with the advice and consent of the Senate, who shall be either
(i) a physician with administrative experience in a medical care or health
program, or (ii) a person holding a graduate degree in medical care administration,
public health, hospital administration, or the equivalent, or (iii) a person
holding a bachelor's degree in business administration or hospital
administration, with at least ten (10) years' experience in management-level
administration of Medicaid programs. The * * * Director of the Division of
Medicaid shall be the official secretary and legal custodian of the records
of the division; shall be the agent of the division for the purpose of
receiving all service of process, summons and notices directed to the division;
shall perform such other duties as the * * * Executive Director of the
Mississippi Department of Medicaid and Human Services may prescribe from
time to time; and shall perform all other duties that are now or may be imposed
upon him or her by law.
(b) The * * * Director of the Division of
Medicaid (director) shall serve at the will and pleasure of the * * * Executive Director of the
Mississippi Department of Medicaid and Human Services.
(c) The * * * director shall, before entering upon
the discharge of the duties of the office, take and subscribe to the oath of
office prescribed by the Mississippi Constitution and shall file the same in
the Office of the Secretary of State, and shall execute a bond in some surety
company authorized to do business in the state in the penal sum of One Hundred
Thousand Dollars ($100,000.00), conditioned for the faithful and impartial
discharge of the duties of the office. The premium on the bond shall be paid
as provided by law out of funds appropriated to the Division of Medicaid for
contractual services.
(d) The * * * director, with the approval of the * * * Executive Director of the
Mississippi Department of Medicaid and Human Services and subject to the
rules and regulations of the State Personnel Board, shall employ such
professional, administrative, stenographic, secretarial, clerical and technical
assistance as may be necessary to perform the duties required in administering
this article and fix the compensation for those persons, all in accordance with
a state merit system meeting federal requirements. * * * The salary of the * * * Director * * * of the
Division of Medicaid shall be set by the State Personnel Board. * * * Section 25-9-107(c)(xv) shall apply to the * * * Director of the Division of
Medicaid and other administrative heads of the division.
(3) (a) There is established a Medical Care Advisory Committee, which shall be the committee that is required by federal regulation to advise the Division of Medicaid about health and medical care services.
(b) The advisory committee shall consist of not less than eleven (11) members, as follows:
(i) The * * * Executive Director of the
Mississippi Department of Medicaid and Human Services shall appoint five
(5) members, one (1) from each congressional district and one (1) from the
state at large;
(ii) The Lieutenant Governor shall appoint three (3) members, one (1) from each Supreme Court district;
(iii) The Speaker of the House of Representatives shall appoint three (3) members, one (1) from each Supreme Court district.
All members appointed under this paragraph shall either be health care providers or consumers of health care services. One (1) member appointed by each of the appointing authorities shall be a board-certified physician.
(c) The respective Chairmen of the House Medicaid Committee, the House Public Health and Human Services Committee, the House Appropriations Committee, the Senate Public Health and Welfare Committee and the Senate Appropriations Committee, or their designees, two (2) members of the State Senate appointed by the Lieutenant Governor and one (1) member of the House of Representatives appointed by the Speaker of the House, shall serve as ex officio nonvoting members of the advisory committee.
(d) In addition to the committee members required by paragraph (b), the advisory committee shall consist of such other members as are necessary to meet the requirements of the federal regulation applicable to the advisory committee, who shall be appointed as provided in the federal regulation.
(e) The chairmanship of the advisory committee shall be elected by the voting members of the committee annually and shall not serve more than two (2) consecutive years as chairman.
(f) The members of the advisory committee specified in paragraph (b) shall serve for terms that are concurrent with the terms of members of the Legislature, and any member appointed under paragraph (b) may be reappointed to the advisory committee. The members of the advisory committee specified in paragraph (b) shall serve without compensation, but shall receive reimbursement to defray actual expenses incurred in the performance of committee business as authorized by law. Legislators shall receive per diem and expenses, which may be paid from the contingent expense funds of their respective houses in the same amounts as provided for committee meetings when the Legislature is not in session.
(g) The advisory
committee shall meet * * * monthly, and advisory committee
members shall be furnished written notice of the meetings at least ten (10)
days before the date of the meeting.
(h) The * * * director shall submit to the
advisory committee all amendments, modifications and changes to the state plan
for the operation of the Medicaid program, for review by the advisory committee
before the amendments, modifications or changes may be implemented by the
division.
(i) The advisory committee, among its duties and responsibilities, shall:
(i) Advise the division with respect to amendments, modifications and changes to the state plan for the operation of the Medicaid program;
(ii) Advise the division with respect to issues concerning receipt and disbursement of funds and eligibility for Medicaid;
(iii) Advise the division with respect to determining the quantity, quality and extent of medical care provided under this article;
(iv) Communicate the views of the medical care professions to the division and communicate the views of the division to the medical care professions;
(v) Gather information on reasons that medical care providers do not participate in the Medicaid program and changes that could be made in the program to encourage more providers to participate in the Medicaid program, and advise the division with respect to encouraging physicians and other medical care providers to participate in the Medicaid program;
(vi) Provide a written report on or before November 30 of each year to the Governor, Lieutenant Governor and Speaker of the House of Representatives.
(4) (a) There is established a Drug Use Review Board, which shall be the board that is required by federal law to:
(i) Review and initiate retrospective drug use, review including ongoing periodic examination of claims data and other records in order to identify patterns of fraud, abuse, gross overuse, or inappropriate or medically unnecessary care, among physicians, pharmacists and individuals receiving Medicaid benefits or associated with specific drugs or groups of drugs.
(ii) Review and initiate ongoing interventions for physicians and pharmacists, targeted toward therapy problems or individuals identified in the course of retrospective drug use reviews.
(iii) On an ongoing basis, assess data on drug use against explicit predetermined standards using the compendia and literature set forth in federal law and regulations.
(b) The board shall
consist of not less than twelve (12) members appointed by the * * * Executive Director of the
Mississippi Department of Medicaid and Human Services, or his designee.
(c) The board shall
meet * * * monthly, and board members shall be furnished
written notice of the meetings at least ten (10) days before the date of the
meeting.
(d) The board meetings shall be open to the public, members of the press, legislators and consumers. Additionally, all documents provided to board members shall be available to members of the Legislature in the same manner, and shall be made available to others for a reasonable fee for copying. However, patient confidentiality and provider confidentiality shall be protected by blinding patient names and provider names with numerical or other anonymous identifiers. The board meetings shall be subject to the Open Meetings Act (Sections 25-41-1 through 25-41-17). Board meetings conducted in violation of this section shall be deemed unlawful.
(5) (a) There is
established a Pharmacy and Therapeutics Committee, which shall be appointed by
the * * *
Executive Director of the Mississippi Department of Medicaid and Human
Services, or his designee.
(b) The committee
shall meet * * * at least monthly, and committee members shall be
furnished written notice of the meetings at least ten (10) days before the date
of the meeting.
(c) The committee meetings shall be open to the public, members of the press, legislators and consumers. Additionally, all documents provided to committee members shall be available to members of the Legislature in the same manner, and shall be made available to others for a reasonable fee for copying. However, patient confidentiality and provider confidentiality shall be protected by blinding patient names and provider names with numerical or other anonymous identifiers. The committee meetings shall be subject to the Open Meetings Act (Sections 25-41-1 through 25-41-17). Committee meetings conducted in violation of this section shall be deemed unlawful.
(d) After a thirty-day
public notice, the * * * director, or his or her designee, shall present the
division's recommendation regarding prior approval for a therapeutic class of
drugs to the committee. However, in circumstances where the division deems it
necessary for the health and safety of Medicaid beneficiaries, the division may
present to the committee its recommendations regarding a particular drug
without a thirty-day public notice. In making that presentation, the division
shall state to the committee the circumstances that precipitate the need for
the committee to review the status of a particular drug without a thirty-day
public notice. The committee may determine whether or not to review the
particular drug under the circumstances stated by the division without a thirty-day
public notice. If the committee determines to review the status of the
particular drug, it shall make its recommendations to the division, after which
the division shall file those recommendations for a thirty-day public comment
under Section 25-43-7(1).
(e) Upon reviewing the
information and recommendations, the committee shall forward a written
recommendation approved by a majority of the committee to the * * * director, or his or her designee.
The decisions of the committee regarding any limitations to be imposed on any
drug or its use for a specified indication shall be based on sound clinical
evidence found in labeling, drug compendia, and peer reviewed clinical
literature pertaining to use of the drug in the relevant population.
(f) Upon reviewing and
considering all recommendations including recommendations of the committee,
comments, and data, the * * * executive director shall make a final determination whether
to require prior approval of a therapeutic class of drugs, or modify existing
prior approval requirements for a therapeutic class of drugs.
(g) At least thirty
(30) days before the * * * director implements new or amended prior authorization
decisions, written notice of the * * * director's decision shall be
provided to all prescribing Medicaid providers, all Medicaid enrolled
pharmacies, and any other party who has requested the notification. However,
notice given under Section 25-43-7(1) will substitute for and meet the
requirement for notice under this subsection.
(h) Members of the committee shall dispose of matters before the committee in an unbiased and professional manner. If a matter being considered by the committee presents a real or apparent conflict of interest for any member of the committee, that member shall disclose the conflict in writing to the committee chair and recuse himself or herself from any discussions and/or actions on the matter.
SECTION 4. Section 43-13-109, Mississippi Code of 1972, is amended as follows:
43-13-109. The director, * * * pursuant
to the rules and regulations of the State Personnel Board, may adopt reasonable
rules and regulations to provide for an open, competitive or qualifying
examination for all employees of the division other than the director, part-time
consultants and professional staff members.
SECTION 5. Section 43-13-113, Mississippi Code of 1972, is amended as follows:
43-13-113. (1) The State
Treasurer shall receive on behalf of the state, and execute all instruments
incidental thereto, federal and other funds to be used for financing the
medical assistance plan or program adopted pursuant to this article, and place
all such funds in a special account to the credit of the * * * Department of Medicaid and
Human Services, Division of Medicaid, which funds shall be expended by the
division for the purposes and under the provisions of this article, and shall
be paid out by the State Treasurer as funds appropriated to carry out the
provisions of this article are paid out by him.
The division shall issue all checks or electronic transfers for administrative expenses, and for medical assistance under the provisions of this article. All such checks or electronic transfers shall be drawn upon funds made available to the division by the State Auditor, upon requisition of the director. It is the purpose of this section to provide that the State Auditor shall transfer, in lump sums, amounts to the division for disbursement under the regulations which shall be made by the director with the approval of the Governor; however, the division, or its fiscal agent in behalf of the division, shall be authorized in maintaining separate accounts with a Mississippi bank to handle claim payments, refund recoveries and related Medicaid program financial transactions, to aggressively manage the float in these accounts while awaiting clearance of checks or electronic transfers and/or other disposition so as to accrue maximum interest advantage of the funds in the account, and to retain all earned interest on these funds to be applied to match federal funds for Medicaid program operations.
(2) The division is authorized to obtain a line of credit through the State Treasurer from the Working Cash-Stabilization Fund or any other special source funds maintained in the State Treasury in an amount not exceeding One Hundred Fifty Million Dollars ($150,000,000.00) to fund shortfalls which, from time to time, may occur due to decreases in state matching fund cash flow. The length of indebtedness under this provision shall not carry past the end of the quarter following the loan origination. Loan proceeds shall be received by the State Treasurer and shall be placed in a Medicaid designated special fund account. Loan proceeds shall be expended only for health care services provided under the Medicaid program. The division may pledge as security for such interim financing future funds that will be received by the division. Any such loans shall be repaid from the first available funds received by the division in the manner of and subject to the same terms provided in this section.
In the event the State Treasurer makes a determination that special source funds are not sufficient to cover a line of credit for the Division of Medicaid, the division is authorized to obtain a line of credit, in an amount not exceeding One Hundred Fifty Million Dollars ($150,000,000.00), from a commercial lender or a consortium of lenders. The length of indebtedness under this provision shall not carry past the end of the quarter following the loan origination. The division shall obtain a minimum of two (2) written quotes that shall be presented to the State Fiscal Officer and State Treasurer, who shall jointly select a lender. Loan proceeds shall be received by the State Treasurer and shall be placed in a Medicaid designated special fund account. Loan proceeds shall be expended only for health care services provided under the Medicaid program. The division may pledge as security for such interim financing future funds that will be received by the division. Any such loans shall be repaid from the first available funds received by the division in the manner of and subject to the same terms provided in this section.
(3) Disbursement of funds to providers shall be made as follows:
(a) All providers must submit all claims to the Division of Medicaid's fiscal agent no later than twelve (12) months from the date of service.
(b) The Division of Medicaid's fiscal agent must pay ninety percent (90%) of all clean claims within thirty (30) days of the date of receipt.
(c) The Division of Medicaid's fiscal agent must pay ninety-nine percent (99%) of all clean claims within ninety (90) days of the date of receipt.
(d) The Division of Medicaid's fiscal agent must pay all other claims within twelve (12) months of the date of receipt.
(e) If a claim is neither paid nor denied for valid and proper reasons by the end of the time periods as specified above, the Division of Medicaid's fiscal agent must pay the provider interest on the claim at the rate of one and one-half percent (1-1/2%) per month on the amount of such claim until it is finally settled or adjudicated.
(4) The date of receipt is the date the fiscal agent receives the claim as indicated by its date stamp on the claim or, for those claims filed electronically, the date of receipt is the date of transmission.
(5) The date of payment is the date of the check or, for those claims paid by electronic funds transfer, the date of the transfer.
(6) The above specified time limitations do not apply in the following circumstances:
(a) Retroactive adjustments paid to providers reimbursed under a retrospective payment system;
(b) If a claim for payment under Medicare has been filed in a timely manner, the fiscal agent may pay a Medicaid claim relating to the same services within six (6) months after it, or the provider, receives notice of the disposition of the Medicare claim;
(c) Claims from providers under investigation for fraud or abuse; and
(d) The Division of Medicaid and/or its fiscal agent may make payments at any time in accordance with a court order, to carry out hearing decisions or corrective actions taken to resolve a dispute, or to extend the benefits of a hearing decision, corrective action, or court order to others in the same situation as those directly affected by it.
(7) Repealed.
(8) If sufficient funds are appropriated therefor by the Legislature, the Division of Medicaid may contract with the Mississippi Dental Association, or an approved designee, to develop and operate a Donated Dental Services (DDS) program through which volunteer dentists will treat needy disabled, aged and medically compromised individuals who are non-Medicaid eligible recipients.
SECTION 6. Section 43-13-120, Mississippi Code of 1972, is amended as follows:
43-13-120. (1) Any person
who is a Medicaid recipient and is receiving medical assistance for services
provided in a long-term care facility under the provisions of Section 43-13-117
from the Division of Medicaid in the * * * Department of
Medicaid and Human Services, who dies intestate and leaves no known heirs,
shall have deemed, through his acceptance of such medical assistance, the
Division of Medicaid as his beneficiary to all such funds in an amount not to
exceed Two Hundred Fifty Dollars ($250.00) which are in his possession at the
time of his death. Such funds, together with any accrued interest thereon,
shall be reported by the long-term care facility to the State Treasurer in the
manner provided in subsection (2).
(2) The report of such funds shall be verified, shall be on a form prescribed or approved by the Treasurer, and shall include (a) the name of the deceased person and his last-known address prior to entering the long-term care facility; (b) the name and last-known address of each person who may possess an interest in such funds; and (c) any other information which the Treasurer prescribes by regulation as necessary for the administration of this section. The report shall be filed with the Treasurer prior to November 1 of each year in which the long-term care facility has provided services to a person or persons having funds to which this section applies.
(3) Within one hundred twenty (120) days from November 1 of each year in which a report is made pursuant to subsection (2), the Treasurer shall cause notice to be published in a newspaper having general circulation in the county of this state in which is located the last-known address of the person or persons named in the report who may possess an interest in such funds, or if no such person is named in the report, in the county in which is located the last-known address of the deceased person prior to entering the long-term care facility. If no address is given in the report or if the address is outside of this state, the notice shall be published in a newspaper having general circulation in the county in which the facility is located. The notice shall contain (a) the name of the deceased person; (b) his last-known address prior to entering the facility; (c) the name and last-known address of each person named in the report who may possess an interest in such funds; and (d) a statement that any person possessing an interest in such funds must make a claim therefor to the Treasurer within ninety (90) days after such publication date or the funds will become the property of the State of Mississippi. In any year in which the Treasurer publishes a notice of abandoned property under Section 89-12-27, the Treasurer may combine the notice required by this section with the notice of abandoned property. The cost to the Treasurer of publishing the notice required by this section shall be paid by the Division of Medicaid.
(4) Each long-term care facility that makes a report of funds of a deceased person under this section shall pay over and deliver such funds, together with any accrued interest thereon, to the Treasurer not later than ten (10) days after notice of such funds has been published by the Treasurer as provided in subsection (3). If a claim to such funds is not made by any person having an interest therein within ninety (90) days of the published notice, the Treasurer shall place such funds in the special account in the State Treasury to the credit of the "Governor's Office - Division of Medicaid" to be expended by the Division of Medicaid for the purposes provided under Mississippi Medicaid Law.
(5) This section shall not be applicable to any Medicaid patient in a long-term care facility of a state institution listed in Section 41-7-73, who has a personal deposit fund as provided for in Section 41-7-90.
SECTION 7. Section 43-13-121, Mississippi Code of 1972, is amended as follows:
43-13-121. (1) The Division of Medicaid in the Department of Medicaid and Human Services shall administer the Medicaid program under the provisions of this article, and may do the following:
(a) Adopt and
promulgate reasonable rules, regulations and standards, * * *, and in
accordance with the Administrative Procedures Law, Section 25-43-1.101 et seq.:
(i) Establishing methods and procedures as may be necessary for the proper and efficient administration of this article;
(ii) Providing Medicaid to all qualified recipients under the provisions of this article as the division may determine and within the limits of appropriated funds;
(iii) Establishing reasonable fees, charges and rates for medical services and drugs; in doing so, the division shall fix all of those fees, charges and rates at the minimum levels absolutely necessary to provide the medical assistance authorized by this article, and shall not change any of those fees, charges or rates except as may be authorized in Section 43-13-117;
(iv) Providing for fair and impartial hearings;
(v) Providing safeguards for preserving the confidentiality of records; and
(vi) For detecting and processing fraudulent practices and abuses of the program;
(b) Receive and expend
state, federal and other funds in accordance with court judgments or
settlements and agreements between the State of Mississippi and the federal
government, the rules and regulations promulgated by the division, * * * and within
the limitations and restrictions of this article and within the limits of funds
available for that purpose;
(c) Subject to the limits imposed by this article, to submit a Medicaid plan to the United States Department of Health and Human Services for approval under the provisions of the federal Social Security Act, to act for the state in making negotiations relative to the submission and approval of that plan, to make such arrangements, not inconsistent with the law, as may be required by or under federal law to obtain and retain that approval and to secure for the state the benefits of the provisions of that law.
No agreements, specifically
including the general plan for the operation of the Medicaid program in this state,
shall be made by and between the division and the United States Department of
Health and Human Services unless the Attorney General of the State of
Mississippi has reviewed the agreements, specifically including the operational
plan, and has certified in writing to the Governor and to the * * * director of the division that the
agreements, including the plan of operation, have been drawn strictly in
accordance with the terms and requirements of this article;
(d) In accordance with the purposes and intent of this article and in compliance with its provisions, provide for aged persons otherwise eligible for the benefits provided under Title XVIII of the federal Social Security Act by expenditure of funds available for those purposes;
(e) To make reports to the United States Department of Health and Human Services as from time to time may be required by that federal department and to the Mississippi Legislature as provided in this section;
(f) Define and determine the scope, duration and amount of Medicaid that may be provided in accordance with this article and establish priorities therefor in conformity with this article;
(g) Cooperate and contract with other state agencies for the purpose of coordinating Medicaid provided under this article and eliminating duplication and inefficiency in the Medicaid program;
(h) Adopt and use an official seal of the division;
(i) Sue in its own
name on behalf of the State of Mississippi * * *;
(j) To recover any and all payments incorrectly made by the division to a recipient or provider from the recipient or provider receiving the payments. The division shall be authorized to collect any overpayments to providers sixty (60) days after the conclusion of any administrative appeal unless the matter is appealed to a court of proper jurisdiction and bond is posted. Any appeal filed after July 1, 2015, shall be to the Chancery Court of the First Judicial District of Hinds County, Mississippi, within sixty (60) days after the date that the division has notified the provider by certified mail sent to the proper address of the provider on file with the division and the provider has signed for the certified mail notice, or sixty (60) days after the date of the final decision if the provider does not sign for the certified mail notice. To recover those payments, the division may use the following methods, in addition to any other methods available to the division:
(i) The division shall report to the Department of Revenue the name of any current or former Medicaid recipient who has received medical services rendered during a period of established Medicaid ineligibility and who has not reimbursed the division for the related medical service payment(s). The Department of Revenue shall withhold from the state tax refund of the individual, and pay to the division, the amount of the payment(s) for medical services rendered to the ineligible individual that have not been reimbursed to the division for the related medical service payment(s).
(ii) The division shall report to the Department of Revenue the name of any Medicaid provider to whom payments were incorrectly made that the division has not been able to recover by other methods available to the division. The Department of Revenue shall withhold from the state tax refund of the provider, and pay to the division, the amount of the payments that were incorrectly made to the provider that have not been recovered by other available methods;
(k) To recover any and all payments by the division fraudulently obtained by a recipient or provider. Additionally, if recovery of any payments fraudulently obtained by a recipient or provider is made in any court, then, upon motion of the Governor, the judge of the court may award twice the payments recovered as damages;
(l) Have full, complete and plenary power and authority to conduct such investigations as it may deem necessary and requisite of alleged or suspected violations or abuses of the provisions of this article or of the regulations adopted under this article, including, but not limited to, fraudulent or unlawful act or deed by applicants for Medicaid or other benefits, or payments made to any person, firm or corporation under the terms, conditions and authority of this article, to suspend or disqualify any provider of services, applicant or recipient for gross abuse, fraudulent or unlawful acts for such periods, including permanently, and under such conditions as the division deems proper and just, including the imposition of a legal rate of interest on the amount improperly or incorrectly paid. Recipients who are found to have misused or abused Medicaid benefits may be locked into one (1) physician and/or one (1) pharmacy of the recipient's choice for a reasonable amount of time in order to educate and promote appropriate use of medical services, in accordance with federal regulations. If an administrative hearing becomes necessary, the division may, if the provider does not succeed in his or her defense, tax the costs of the administrative hearing, including the costs of the court reporter or stenographer and transcript, to the provider. The convictions of a recipient or a provider in a state or federal court for abuse, fraudulent or unlawful acts under this chapter shall constitute an automatic disqualification of the recipient or automatic disqualification of the provider from participation under the Medicaid program.
A conviction, for the purposes of this chapter, shall include a judgment entered on a plea of nolo contendere or a nonadjudicated guilty plea and shall have the same force as a judgment entered pursuant to a guilty plea or a conviction following trial. A certified copy of the judgment of the court of competent jurisdiction of the conviction shall constitute prima facie evidence of the conviction for disqualification purposes;
(m) Establish and provide such methods of administration as may be necessary for the proper and efficient operation of the Medicaid program, fully utilizing computer equipment as may be necessary to oversee and control all current expenditures for purposes of this article, and to closely monitor and supervise all recipient payments and vendors rendering services under this article. Notwithstanding any other provision of state law, the division is authorized to enter into a ten-year contract(s) with a vendor(s) to provide services described in this paragraph (m). Notwithstanding any provision of law to the contrary, the division is authorized to extend its Medicaid Management Information Systems, including all related components and services, and Decision Support System, including all related components and services, contracts expiring on June 30, 2015, for a period not to exceed five (5) years without complying with the requirements provided in Section 25-9-120 and the Personal Service Contract Review Board procurement regulations;
(n) To cooperate and contract with the federal government for the purpose of providing Medicaid to Vietnamese and Cambodian refugees, under the provisions of Public Law 94-23 and Public Law 94-24, including any amendments to those laws, only to the extent that the Medicaid assistance and the administrative cost related thereto are one hundred percent (100%) reimbursable by the federal government. For the purposes of Section 43-13-117, persons receiving Medicaid under Public Law 94-23 and Public Law 94-24, including any amendments to those laws, shall not be considered a new group or category of recipient; and
(o) The division shall impose penalties upon Medicaid only, Title XIX participating long-term care facilities found to be in noncompliance with division and certification standards in accordance with federal and state regulations, including interest at the same rate calculated by the United States Department of Health and Human Services and/or the Centers for Medicare and Medicaid Services (CMS) under federal regulations.
(2) The division also shall exercise such additional powers and perform such other duties as may be conferred upon the division by act of the Legislature.
(3) The division, and the State Department of Health as the agency for licensure of health care facilities and certification and inspection for the Medicaid and/or Medicare programs, shall contract for or otherwise provide for the consolidation of on-site inspections of health care facilities that are necessitated by the respective programs and functions of the division and the department.
(4) The division and its
hearing officers shall have power to preserve and enforce order during
hearings; to issue subpoenas for, to administer oaths to and to compel the
attendance and testimony of witnesses, or the production of books, papers,
documents and other evidence, or the taking of depositions before any
designated individual competent to administer oaths; to examine witnesses; and
to do all things conformable to law that may be necessary to enable them
effectively to discharge the duties of their office. In compelling the
attendance and testimony of witnesses, or the production of books, papers,
documents and other evidence, or the taking of depositions, as authorized by
this section, the division or its hearing officers may designate an individual
employed by the division or some other suitable person to execute and return
that process, whose action in executing and returning that process shall be as
lawful as if done by the sheriff or some other proper officer authorized to
execute and return process in the county where the witness may reside. In
carrying out the investigatory powers under the provisions of this article, the * * * director or other designated person
or persons may examine, obtain, copy or reproduce the books, papers, documents,
medical charts, prescriptions and other records relating to medical care and
services furnished by the provider to a recipient or designated recipients of
Medicaid services under investigation. In the absence of the voluntary
submission of the books, papers, documents, medical charts, prescriptions and
other records, the Governor, the * * * director, or other designated person
may issue and serve subpoenas instantly upon the provider, his or her agent,
servant or employee for the production of the books, papers, documents, medical
charts, prescriptions or other records during an audit or investigation of the
provider. If any provider or his or her agent, servant or employee refuses to
produce the records after being duly subpoenaed, the * * * director may certify those facts and
institute contempt proceedings in the manner, time and place as authorized by
law for administrative proceedings. As an additional remedy, the division may
recover all amounts paid to the provider covering the period of the audit or
investigation, inclusive of a legal rate of interest and a reasonable
attorney's fee and costs of court if suit becomes necessary. Division staff
shall have immediate access to the provider's physical location, facilities,
records, documents, books, and any other records relating to medical care and
services rendered to recipients during regular business hours.
(5) If any person in
proceedings before the division disobeys or resists any lawful order or
process, or misbehaves during a hearing or so near the place thereof as to
obstruct the hearing, or neglects to produce, after having been ordered to do
so, any pertinent book, paper or document, or refuses to appear after having
been subpoenaed, or upon appearing refuses to take the oath as a witness, or
after having taken the oath refuses to be examined according to law, the * * * director shall certify the facts to
any court having jurisdiction in the place in which it is sitting, and the
court shall thereupon, in a summary manner, hear the evidence as to the acts
complained of, and if the evidence so warrants, punish that person in the same
manner and to the same extent as for a contempt committed before the court, or
commit that person upon the same condition as if the doing of the forbidden act
had occurred with reference to the process of, or in the presence of, the
court.
(6) In suspending or terminating any provider from participation in the Medicaid program, the division shall preclude the provider from submitting claims for payment, either personally or through any clinic, group, corporation or other association to the division or its fiscal agents for any services or supplies provided under the Medicaid program except for those services or supplies provided before the suspension or termination. No clinic, group, corporation or other association that is a provider of services shall submit claims for payment to the division or its fiscal agents for any services or supplies provided by a person within that organization who has been suspended or terminated from participation in the Medicaid program except for those services or supplies provided before the suspension or termination. When this provision is violated by a provider of services that is a clinic, group, corporation or other association, the division may suspend or terminate that organization from participation. Suspension may be applied by the division to all known affiliates of a provider, provided that each decision to include an affiliate is made on a case-by-case basis after giving due regard to all relevant facts and circumstances. The violation, failure or inadequacy of performance may be imputed to a person with whom the provider is affiliated where that conduct was accomplished within the course of his or her official duty or was effectuated by him or her with the knowledge or approval of that person.
(7) The division may deny or revoke enrollment in the Medicaid program to a provider if any of the following are found to be applicable to the provider, his or her agent, a managing employee or any person having an ownership interest equal to five percent (5%) or greater in the provider:
(a) Failure to truthfully or fully disclose any and all information required, or the concealment of any and all information required, on a claim, a provider application or a provider agreement, or the making of a false or misleading statement to the division relative to the Medicaid program.
(b) Previous or current exclusion, suspension, termination from or the involuntary withdrawing from participation in the Medicaid program, any other state's Medicaid program, Medicare or any other public or private health or health insurance program. If the division ascertains that a provider has been convicted of a felony under federal or state law for an offense that the division determines is detrimental to the best interest of the program or of Medicaid beneficiaries, the division may refuse to enter into an agreement with that provider, or may terminate or refuse to renew an existing agreement.
(c) Conviction under federal or state law of a criminal offense relating to the delivery of any goods, services or supplies, including the performance of management or administrative services relating to the delivery of the goods, services or supplies, under the Medicaid program, any other state's Medicaid program, Medicare or any other public or private health or health insurance program.
(d) Conviction under federal or state law of a criminal offense relating to the neglect or abuse of a patient in connection with the delivery of any goods, services or supplies.
(e) Conviction under federal or state law of a criminal offense relating to the unlawful manufacture, distribution, prescription or dispensing of a controlled substance.
(f) Conviction under federal or state law of a criminal offense relating to fraud, theft, embezzlement, breach of fiduciary responsibility or other financial misconduct.
(g) Conviction under federal or state law of a criminal offense punishable by imprisonment of a year or more that involves moral turpitude, or acts against the elderly, children or infirm.
(h) Conviction under federal or state law of a criminal offense in connection with the interference or obstruction of any investigation into any criminal offense listed in paragraphs (c) through (i) of this subsection.
(i) Sanction for a violation of federal or state laws or rules relative to the Medicaid program, any other state's Medicaid program, Medicare or any other public health care or health insurance program.
(j) Revocation of license or certification.
(k) Failure to pay recovery properly assessed or pursuant to an approved repayment schedule under the Medicaid program.
(l) Failure to meet any condition of enrollment.
SECTION 8. Section 43-13-139, Mississippi Code of 1972, is amended as follows:
43-13-139. Nothing
contained in this article shall be construed to prevent the * * * Executive Director of the
Mississippi Department of Medicaid and Human Services, 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 9. Section 43-13-301, Mississippi Code of 1972, is amended as follows:
43-13-301. The * * * Division of * * * Human Services shall
assist the Division of Medicaid in the * * * Mississippi
Department of Medicaid and Human Services in identifying cases involving
third-party liability, including without limitation, third-party insurance
benefits, health insurance or other health coverage maintained by the recipient
or absent parent through intake, initial determinations, and redeterminations
of eligibility, and shall promptly transmit such information to the Division of
Medicaid or the fiscal agent of the Division of Medicaid.
SECTION 10. Section 43-13-303, Mississippi Code of 1972, is amended as follows:
43-13-303. (1) The * * * Division of Human Services in
the Department of Medicaid and Human Services, in administering its child
support enforcement program on behalf of Medicaid and non-Medicaid recipients,
or any other attorney representing a Medicaid recipient, shall include a prayer
for medical support in complaints and other pleadings in obtaining a child
support order whenever health-care coverage is available to the absent parent
at a reasonable cost. Nothing in this section shall be construed to contradict
the provisions of Section 43-19-101(6).
(2) Health insurance
enrollment shall be on the form prescribed by the * * * Division of Human Services
unless a court or administrative order stipulates an alternative form of health-care
coverage other than employer-based coverage. Employers must complete the
employer response and return to the Department of Human Services within twenty
(20) days. Employers must transfer the Medical Support Notice to Plan
Administrator Part B to the appropriate group health plan providing any such
health-care coverage for which the child(ren) is eligible within twenty (20)
business days after the date of the notice. Employers must withhold any
obligation of the employee for employee contributions necessary for coverage of
the child(ren) and send any amount withheld directly to the plan. Employees
may contest the withholding based on a mistake of fact. If the employee
contests such withholding, the employer must initiate withholding until such
time as the employer receives notice that the contest is resolved. Employers
must notify the * * *
Division of Human Services promptly whenever the noncustodial parent's
employment is terminated in the same manner as required for income withholding
cases.
(3) Health insurers, including, but not limited to, ERISA plans, preferred provider organizations, and HMOs, shall not have contracts that limit or exclude payments if the individual is eligible for Medicaid, is not claimed as a dependent on the federal income tax return, or does not reside with the parent or in the insurer's service area.
Health insurers and employers shall honor court or administrative orders by permitting enrollment of a child or children at any time and by allowing enrollment by the custodial parent, the Division of Medicaid, or the Child Support Enforcement Agency if the absent parent fails to enroll the child(ren).
The health insurer and the employer shall not disenroll a child unless written documentation substantiates that the court order is no longer in effect, the child will be enrolled through another insurer, or the employer has eliminated family health coverage for all of its employees.
The employer shall allow payroll deduction for the insurance premium from the absent parent's wages and pay the insurer. The health insurer and the employer shall not impose requirements on the Medicaid recipient that are different from those applicable to any other individual. The health insurer shall provide pertinent information to the custodial parent to allow the child to obtain benefits and shall permit custodial parents to submit claims to the insurer.
The health insurer and
employer shall notify the Division of Medicaid and the * * * Division of Human Services
when lapses in coverage occur in court-ordered insurance. If the noncustodial
parent has provided such coverage and has changed employment, and the new
employer provides health-care coverage, the * * * Division of Human Services
shall transfer notice of the provision to the employer, which notice shall
operate to enroll the child in the noncustodial parent's health plan, unless
the noncustodial parent contests the notice. The health insurer and employer
shall allow payments to the provider of medical services, shall honor the
assignment of rights to third-party sources by the Medicaid recipient and the
subrogation rights of the Division of Medicaid as set forth in Section 43-13-305,
Mississippi Code of 1972, and shall permit payment to the custodial parent.
The employer shall allow the Division of Medicaid to garnish wages of the absent parent when such parent has received payment from the third party for medical services rendered to the insured child and such parent has failed to reimburse the Division of Medicaid to the extent of the medical service payment.
Any insurer or the employer who fails to comply with the provisions of this subsection shall be liable to the Division of Medicaid to the extent of payments made to the provider of medical services rendered to a recipient to which the third party or parties, is, are, or may be liable.
(4) The Division of Medicaid shall report to the Mississippi State Tax Commission an absent parent who has received third-party payment(s) for medical services rendered to the insured child and who has not reimbursed the Division of Medicaid for the related medical service payment(s). The Mississippi State Tax Commission shall withhold from the absent parent's state tax refund, and pay to the Division of Medicaid, the amount of the third-party payment(s) for medical services rendered to the insured child and not reimbursed to the Division of Medicaid for the related medical service payment(s).
SECTION 11. Section 43-13-305, Mississippi Code of 1972, is amended as follows:
43-13-305. (1) By
accepting Medicaid from the Division of Medicaid in the * * * Department of
Medicaid and Human Services, the recipient shall, to the extent of the
payment of medical expenses by the Division of Medicaid, be deemed to have made
an assignment to the Division of Medicaid of any and all rights and interests
in any third-party benefits, hospitalization or indemnity contract or any cause
of action, past, present or future, against any person, firm or corporation for
Medicaid benefits provided to the recipient by the Division of Medicaid for
injuries, disease or sickness caused or suffered under circumstances creating a
cause of action in favor of the recipient against any such person, firm or
corporation as set out in Section 43-13-125. The recipient shall be deemed,
without the necessity of signing any document, to have appointed the Division
of Medicaid as his or her true and lawful attorney-in-fact in his or her name,
place and stead in collecting any and all amounts due and owing for medical
expenses paid by the Division of Medicaid against such person, firm or
corporation.
(2) Whenever a provider of medical services or the Division of Medicaid submits claims to an insurer on behalf of a Medicaid recipient for whom an assignment of rights has been received, or whose rights have been assigned by the operation of law, the insurer must respond within sixty (60) days of receipt of a claim by forwarding payment or issuing a notice of denial directly to the submitter of the claim. The failure of the insuring entity to comply with the provisions of this section shall subject the insuring entity to recourse by the Division of Medicaid in accordance with the provision of Section 43-13-315. The Division of Medicaid shall be authorized to endorse any and all, including, but not limited to, multipayee checks, drafts, money orders or other negotiable instruments representing Medicaid payment recoveries that are received by the Division of Medicaid.
(3) Court orders or agreements for medical support shall direct such payments to the Division of Medicaid, which shall be authorized to endorse any and all checks, drafts, money orders or other negotiable instruments representing medical support payments which are received. Any designated medical support funds received by the State Department of Human Services or through its local county departments shall be paid over to the Division of Medicaid. When medical support for a Medicaid recipient is available through an absent parent or custodial parent, the insuring entity shall direct the medical support payment(s) to the provider of medical services or to the Division of Medicaid.
SECTION 12. Section 43-13-309, Mississippi Code of 1972, is amended as follows:
43-13-309. The * * * Division
of Human Services of the Department of Medicaid and Human Services shall
obtain an appropriation of state funds from the State Legislature in carrying
out its medical support responsibilities under this article and shall organize
its programs and budgets in such a manner as to secure maximum federal funding
directly or through the Division of Medicaid under Title XIX of the federal
Social Security Act, as amended. If Title XIX federal funds are secured
through the Division of Medicaid, such funds shall not be considered a part of
the budget of the Division of Medicaid in providing medical assistance under
the Mississippi Medical Assistance Act.
SECTION 13. Section 43-1-1, Mississippi Code of 1972, is amended as follows:
43-1-1. (1) The Department of Medicaid and Human Services, acting through the Division of Human Services, shall be the State Department of Public Welfare and the State Department of Human Services and shall retain all powers and duties as granted to the State Department of Public Welfare and the State Department of Human Services. Wherever the term "State Department of Public Welfare" or "State Board of Public Welfare" or "State Department of Human Services" or "department" appears in any law or regulation, the same shall mean the Department of Medicaid and Human Services, acting through the Division of Human Services. The Executive Director of Medicaid and Human Services may assign to the appropriate offices such powers and duties deemed appropriate to carry out the lawful functions of the department.
(2) This section shall stand repealed on July 1, 2019.
SECTION 14. Section 43-1-2, Mississippi Code of 1972, is amended as follows:
43-1-2. (1) There is
created the Division of Human Services of the Mississippi Department of Medicaid
and Human Services, whose offices shall be located in Jackson, Mississippi * * *.
(2) The Chief
Administrative Officer of the * * * Division of Human Services of the
Mississippi Department of Medicaid and Human Services shall be the * * * Director of Human Services. The * * * Executive Director of the
Mississippi Department of Medicaid and Human Services shall appoint the * * * Director of Human Services with the
advice and consent of the Senate, and he shall serve at the will and pleasure of
the * * *
Executive Director of the Department of Medicaid and Human Services, and
until his successor is appointed and qualified. The * * * Director of Human Services shall
possess the following qualifications:
(a) A bachelor's degree from an accredited institution of higher learning and ten (10) years' experience in management, public administration, finance or accounting; or
(b) A master's or doctoral degree from an accredited institution of higher learning and five (5) years' experience in management, public administration, finance or accounting.
Those qualifications shall be certified by the State Personnel Board.
(3) There shall be a Joint
Oversight Committee of the * * * Division of Human Services
composed of the respective Chairmen of the Senate Public Health and Welfare
Committee, the Senate Appropriations Committee, the House Public Health and
Human Services Committee and the House Appropriations Committee, three (3)
members of the Senate appointed by the Lieutenant Governor to serve at the will
and pleasure of the Lieutenant Governor, and three (3) members of the House of
Representatives appointed by the Speaker of the House to serve at the will and
pleasure of the Speaker. The chairmanship of the committee shall alternate for
twelve-month periods between the Senate members and the House members, on May 1
of each year, with the Chairman of the Senate Public Health and Welfare
Committee serving as chairman beginning in even-numbered years, and the
Chairman of the House Public Health and Human Services Committee serving as
chairman beginning in odd-numbered years. The committee shall meet once each
quarter, or upon the call of the chairman at such times as he deems necessary
or advisable, and may make recommendations to the Legislature pertaining to any
matter within the jurisdiction of the Mississippi Department of Human
Services. The appointing authorities may designate an alternate member from
their respective houses to serve when the regular designee is unable to attend
such meetings of the oversight committee. For attending meetings of the
oversight committee, such legislators shall receive per diem and expenses which
shall be paid from the contingent expense funds of their respective houses in
the same amounts as provided for committee meetings when the Legislature is not
in session; however, no per diem and expenses for attending meetings of the
committee will be paid while the Legislature is in session. No per diem and
expenses will be paid except for attending meetings of the oversight committee
without prior approval of the proper committee in their respective houses.
(4) The * * * Division of Human Services
shall provide the services authorized by law to every individual determined to
be eligible therefor, and in carrying out the purposes of the department, the * * * Director of the Division of
Medicaid is authorized:
(a) To formulate the
policy of the * * *
division regarding human services within the jurisdiction of the * * * division;
(b) To adopt, modify,
repeal and promulgate, after due notice and hearing, and where not otherwise
prohibited by federal or state law, to make exceptions to and grant exemptions
and variances from, and to enforce rules and regulations implementing or
effectuating the powers and duties of the department under any and all statutes
within the * * *
division's jurisdiction, all of which shall be binding upon the county
departments of human services;
(c) To apply for, receive and expend any federal or state funds or contributions, gifts, devises, bequests or funds from any other source;
(d) Except as limited by Section 43-1-3, to enter into and execute contracts, grants and cooperative agreements with any federal or state agency or subdivision thereof, or any public or private institution located inside or outside the State of Mississippi, or any person, corporation or association in connection with carrying out the programs of the department; and
(e) To discharge such
other duties, responsibilities and powers as are necessary to implement the
programs of the * * *
division.
(5) The Executive Director of
the Department of Medicaid and Human Services shall establish the
organizational structure of the Mississippi * * * Division of Human Services
which shall include the creation of any units necessary to implement the duties
assigned to the * * *
division and consistent with specific requirements of law, including,
but not limited to:
* * *
( * * *a) Office of Youth Services;
( * * *b) Office of Economic Assistance;
( * * *c) Office of Child Support
Enforcement; or
( * * *d) Office of Field Operations to
administer any state or county level programs under the purview of the
Mississippi * * *
Division of Human Services, with the exception of programs which fall
under paragraphs (a) and (b) above.
(6) The * * * Director of Human Services shall
appoint heads of offices, bureaus and divisions, as defined in Section 7-17-11,
who shall serve at the pleasure of the * * * director. The salary and
compensation of such office, bureau and division heads shall be subject to the
rules and regulations adopted and promulgated by the State Personnel Board as
created under Section 25-9-101 et seq. The * * * director shall have the authority to
organize offices as deemed appropriate to carry out the responsibilities of the * * * Division of Human Services.
The organization charts of the * * * division shall be presented
annually with the budget request of the * * * Mississippi Department of Medicaid
and Human Services for review by the Legislature.
(7) This section shall stand repealed on July 1, 2019.
SECTION 15. Section 43-1-3, Mississippi Code of 1972, is amended as follows:
43-1-3. Notwithstanding the
authority granted under subsection (4)(d) of Section 43-1-2, the * * * Division of Human Services or
the * * *
Director of Human Services shall not be authorized to delegate, privatize or
otherwise enter into a contract with a private entity for the operation of any
office, bureau or division of the department, as defined in Section 7-17-11,
without specific authority to do so by general act of the Legislature.
However, nothing in this section shall be construed to invalidate * * * (a) any contract of the department
that is in place and operational before January 1, 1994; or * * * (b) the continued renewal of any
such contract with the same entity upon the expiration of the contract; or * * * (c) the execution of a contract
with another legal entity as a replacement of any such contract that is
expiring, provided that the replacement contract is substantially the same as
the expiring contract. Nothing in this section shall prohibit the * * * Division of Human Services or
the * * *
Director of Human Services from entering into any contract with vendors or
contractors intended to improve performance, reduce costs or increase
efficiency, so long as the contract remains under the supervision or control of
an office, bureau or division of the department, and provided that no county
office of the department may be closed unless the Legislature specifically
authorizes its closure in advance of the closure.
This section shall stand repealed on July 1, 2019.
SECTION 16. Section 43-1-4, Mississippi Code of 1972, is amended as follows:
43-1-4. The * * * Division of Human Services
shall have the following powers and duties:
(a) To provide basic services and assistance statewide to needy and disadvantaged individuals and families.
(b) To promote integration of the many services and programs within its jurisdiction at the client level thus improving the efficiency and effectiveness of service delivery and providing easier access to clients.
(c) To develop a statewide comprehensive service delivery plan in coordination with the Board of Health, the Board of Mental Health, and the Department of Finance and Administration. Such plan shall be developed and presented to the Governor by January 1, 1990.
(d) To employ personnel and expend funds appropriated to the department to carry out the duties and responsibilities assigned to the department by law.
(e) To fingerprint and perform a criminal history record check on every employee or volunteer (i) who has direct access to clients of the department who are children or vulnerable adults, or (ii) who is in a position of fiduciary responsibility. Every such employee and volunteer shall provide a valid current social security number and/or driver's license number which shall be furnished to conduct the criminal history record check. If no disqualifying record is identified at the state level, fingerprints shall be forwarded to the Federal Bureau of Investigation for a national criminal history record check.
SECTION 17. Section 43-1-5, Mississippi Code of 1972, is amended as follows:
43-1-5. It shall be the duty
of the * * *
Division of Human Services to:
(1) Establish and maintain
programs not inconsistent with the terms of this chapter and the rules,
regulations and policies of the * * * Division of Human Services,
and publish the rules and regulations of the department pertaining to such
programs.
(2) Make such reports in such form and containing such information as the federal government may, from time to time, require, and comply with such provisions as the federal government may, from time to time, find necessary to assure the correctness and verification of such reports.
(3) Within ninety (90) days after the end of each fiscal year, and at each regular session of the Legislature, make and publish one (1) report to the Governor and to the Legislature, showing for the period of time covered, in each county and for the state as a whole:
(a) The total number of recipients;
(b) The total amount paid to them in cash;
(c) The maximum and the minimum amount paid to any recipients in any one (1) month;
(d) The total number of applications;
(e) The number granted;
(f) The number denied;
(g) The number cancelled;
(h) The amount expended for administration of the provisions of this chapter;
(i) The amount of money received from the federal government, if any;
(j) The amount of money received from recipients of assistance and from their estates and the disposition of same;
(k) Such other information and recommendations as the Governor may require or the department shall deem advisable;
(l) The number of state-owned automobiles purchased and operated during the year by the department, the number purchased and operated out of funds appropriated by the Legislature, the number purchased and operated out of any other public funds, the miles traveled per automobile, the total miles traveled, the average cost per mile and depreciation estimate on each automobile;
(m) The cost per mile and total number of miles traveled by department employees in privately owned automobiles, for which reimbursement is made out of state funds;
(n) Each association, convention or meeting attended by any department employees, the purposes thereof, the names of the employees attending and the total cost to the state of such convention, association or meeting;
(o) How the money appropriated to the institutions under the jurisdiction of the department has been expended during the preceding year, beginning and ending with the fiscal year of each institution, exhibiting the salaries paid to officers and employees of the institutions, and each and every item of receipt and expenditure;
(p) The activities of
each office within the * * *
Division of Human Services and recommendations for improvement of the
services to be performed by each division.
Each report shall be
balanced and shall begin with the balance at the end of the preceding fiscal
year, and if any property belonging to the state or the institution is used for
profit, such report shall show the expenses incurred in managing the property
and the amount received from the same. Such reports shall also show a summary
of the gross receipts and gross disbursements for each fiscal year and shall
show the money on hand at the beginning of the fiscal period of each division and
institution of the * * *
division.
This section shall stand repealed on July 1, 2019.
SECTION 18. Section 43-1-7, Mississippi Code of 1972, is amended as follows:
43-1-7. (1) The * * * Division of Human Services
may establish family resource centers to help families who are receiving or are
eligible to receive assistance from government agencies to facilitate their
access to services and resources that will lead to increased family
independence.
(2) The * * * division shall carry out an
intense public information campaign to inform low-income workers, and
especially public assistance recipients, of the availability of and application
rules for the federal Earned Income Tax Credit (EITC), in order to maximize the
refund of federal income tax withheld from those persons. The information
campaign shall include publishing and circulating bulletins or notices to
recipients of Temporary Assistance for Needy Families (TANF) benefits and other
public assistance that publicize and explain the EITC and the criteria for
family eligibility for the EITC. The * * * division also shall carry out
an intense information campaign to inform employers of the availability of and
the criteria for eligibility for the Work Opportunity Tax Credit (WOTC), which
offers employers a credit against their federal tax liability for hiring people
from certain target groups, including TANF recipients, and to inform employers
of the availability of and the criteria for eligibility for the state income
tax credit for employers who hire persons receiving TANF benefits as authorized
under Section 27-7-22.1.
(3) The * * * division shall establish and
maintain a statewide incoming wide area telephone service hotline for the
purpose of reporting suspected cases of welfare eligibility fraud, food stamp
fraud and Medicaid fraud. The * * * division is authorized,
subject to the extent of appropriations available, to offer financial
incentives to individuals for reporting such suspected cases of public
assistance fraud.
(4) Any applicant for or
recipient of TANF benefits or food stamps shall be required to agree that, as a
condition of eligibility for those benefits, the person will cooperate with the
department in determining paternity for the purposes of enforcing child support
obligations. The * * *
division shall utilize methods and procedures provided for by state or
federal law in determining paternity and enforcing child support obligations.
SECTION 19. Section 43-1-9, Mississippi Code of 1972, is amended as follows:
43-1-9. There shall be
created in each county of the state a county department of * * * human services which
shall consist of a county director of * * * human services, and such
other personnel as may be necessary for the efficient performance of the duties
of the county department. It shall be the duty of the board of supervisors of
each county to provide office space for the county department.
County director. The
commissioner shall designate, in accordance with the rules and regulations of
the State Personnel Board, with the approval of the * * * Executive Director of the
Department of Medicaid and Human Services, a county director of * * * human services who shall
serve as the executive and administrative officer of the county department and
shall be responsible to the state department for its management. Such director
shall be a resident citizen of the county and shall not hold any political
office of the state, county, municipality or subdivision thereof. However, in
cases of emergency, the commissioner may appoint a director of public welfare
who is a nonresident of such county, to serve during the period of emergency
only.
The county department of * * * human services shall
administer within the county all forms of public assistance and welfare
services. The county department shall comply with such regulations and submit
such reports as may be established or required by the state department.
Subject to the approval of the state department, the county department may
cooperate with other departments, agencies and institutions, state and local,
when so requested, in performing services in conformity with the provisions of this
chapter.
In counties having two (2)
judicial districts, the * * * State Commissioner of Public Welfare Executive Director of
Medicaid and Human Services may create and establish in each of the
judicial districts a separate county department of * * * human services which
shall consist of a director of * * * human services and such
other personnel as may be necessary for the efficient performance of the duties
of the department thus established. In such cases the two (2) departments so
established shall be dealt with as though each is a separate and distinct
county department of * * * human services, and each of the departments
and each of the directors shall operate and have jurisdiction coextensive with
the boundaries of the judicial district in which it is established; and, also,
in such cases the words "county" and "director of * * * human services"
when used in this chapter shall, where applicable, mean each judicial district,
and the director of * * * human services appointed therefor; and where
the board of supervisors is authorized to appropriate funds or provide office
space or like assistance for one (1) county * * * department of human services or
director, such board may, as the case may be, appropriate the amount specified
by law or render the assistance required by law to each of the departments or
directors. Provided, however, that the * * * Executive
Director of the Department of Medicaid and Human Services shall not create
and establish a separate county department of * * * human services pursuant
to this paragraph in any county in which such separate county department of * * * human services is not in
existence on January 1, 1983. Provided further, that in any county having two
(2) county departments of * * * public welfare human services on January 1, 1983, but
only one (1) county director of * * * human services on said
date, the * * * Executive Director of the Department of
Medicaid and Human Service shall not authorize and establish the second
position of county director of * * * human services in such
county.
In any county not having two
(2) judicial districts which is greater than fifty (50) miles in length, the * * * Executive
Director of the Department of Medicaid and Human Services may establish one
(1) branch office of the county department of * * * human services which
shall be staffed with existing employees and administrative staff of such
county department for not less than four (4) days per week.
SECTION 20. Section 43-1-12, Mississippi Code of 1972, is amended as follows:
43-1-12. The governing
authority of any municipality or county in this state is authorized and
empowered, in its discretion, to expend such funds as it deems necessary and
desirable, from any available funds of the municipality or county, to: (a)
match any state, federal or private funds available for any program
administered by the State * * *Department of Public Welfare Division of Human Services
or the county departments of * * * human services in this
state; and/or (b) make a voluntary contribution to any such program.
SECTION 21. Section 43-1-15, Mississippi Code of 1972, is amended as follows:
43-1-15. The state capitol
commission shall furnish office space for the * * * Division of Human Services
in the City of Jackson and is authorized to rent suitable quarters in the city
in the event there is not sufficient room in one of the state houses. In case
it is necessary to rent such quarters, the cost of such rental, janitorial
service, fuel and janitor's supplies shall not be counted in determining the
administrative cost limitation of Section 43-9-37, Mississippi Code of 1972.
SECTION 22. Section 43-1-17, Mississippi Code of 1972, is amended as follows:
43-1-17. The * * * Division
of Human Services shall cooperate with the federal government, its agencies
and instrumentalities, in carrying out the provisions of any federal acts
concerning public welfare, and in other matters of mutual concern pertaining to
public welfare, including the adoption of such methods of administration as are
found by the federal government to be necessary for the efficient operation of
plans for public assistance and welfare services in accordance with the
provisions of the federal Social Security Act, as amended. It shall also
cooperate with other departments, agencies and institutions, federal, state and
local or private, when so requested, in performing services in conformity with
the provisions of this chapter and Chapter 9 of this title.
SECTION 23. Section 43-1-21, Mississippi Code of 1972, is amended as follows:
43-1-21. The * * * Division of
Human Services may, in its discretion, destroy or cause to be destroyed, or
otherwise disposed of, any and all abandoned applications, closed case files,
communications, information, memoranda, records, reports, paid checks, and
files, in the office of the state department of public welfare when and as they
become three (3) or more completed fiscal years old and which, in the opinion
of the State Board of Public Welfare, are no longer useful or necessary.
SECTION 24. Section 43-1-23, Mississippi Code of 1972, is amended as follows:
43-1-23. (1) There is
created within the * * * Division of Human Services a separate
administrative unit to be known as the "Fraud Investigation Unit."
The Fraud Investigation Unit shall be headed by a director appointed by the * * * Director of the * * * Division of Human Services.
The Director of the Fraud Investigation Unit shall be a person who is
knowledgeable in the programs administered by the * * * division. The Fraud
Investigation Unit shall be responsible for:
(a) Conducting
investigations for the purpose of aiding the * * * division in the detection of
and verification of the perpetration of fraud or abuse of any program by any
client, any vendor of services with whom the * * * division has contracted or
any employee of the * * *
division, and for the aiding of the * * * division in the recoupment of
any funds owed to the * * *
division as a result of fraud or abuse;
(b) The notification and forwarding of any information relevant to possible criminal violations to the appropriate prosecuting authority and assisting in the prosecution of any case referred to a prosecutor, if requested; and
(c) Such other duties
as prescribed in regulations of the * * * Division of Human Services.
(2) The Fraud Investigation Unit is authorized to employ such other investigative, technical, secretarial and support staff as may be necessary.
(3) In order to carry out
the responsibilities of the Fraud Investigation Unit, the investigators may
request and receive assistance from all state and local agencies, boards,
commissions, and bureaus including, without limitation, the * * * Department of Revenue,
the Department of Public Safety, and all public and private agencies
maintaining data banks, criminal or other records that would enable the
investigators to make verification of fraud or abuse in violation of state or
federal statutes. All records and information shall be confidential and shall
be available only to the Fraud Investigation Unit, district or county
attorneys, the Attorney General, and courts having jurisdiction in criminal
proceedings.
(4) The * * * Division of Human Services is
authorized to enter into contracts with other agencies administering aid or
benefits or services under any state or federally funded assistance program
which need the assistance of the * * * division's Fraud
Investigation Unit.
(5) To accomplish the
objectives and to carry out the duties prescribed in this section, the * * * Director of the Division of Human
Services, or his designee, in addition to the powers conferred by this
section, may issue subpoenas with the approval of, and returnable to, a judge
of the circuit, county or chancery court, in termtime or in vacation, to
examine the records, documents or other evidence of persons, firms,
corporations or any other entities insofar as such records, documents or other
evidence relate to dealings material to an investigation.
SECTION 25. Section 43-1-28, Mississippi Code of 1972, is amended as follows:
43-1-28. (1) The * * * Division of Human Services
shall develop an on-line electronic benefit transfer (EBT) system for the food
stamp program in Mississippi as an alternative to issuing food stamp coupons.
The EBT system developed by the department under this section shall (a) provide
that food stamp benefits are stored in and issued from a central computer data
base and are electronically accessed by households at the point of sale through
the use of reusable magnetic-stripe plastic cards; and (b) meet all
requirements and standards specified in 7 USCS Section 2016(i) and the rules
and regulations issued under that provision for approval by the Secretary of
the United States Department of Agriculture.
(2) The * * * division shall develop
the EBT system and shall submit an application to the Secretary of
the United States Department of Agriculture for approval of the system. After
the EBT system has been approved, the department shall implement and
operate the system as a pilot project in a county selected by the department.
After the pilot project has been evaluated and approved by the United
States Department of Agriculture, and subject to the availability of funds
specifically appropriated therefor, the system may be expanded statewide at a
rate determined by the Executive Director of the * * * Division of Human Services.
The system shall be expanded and implemented statewide not later than October
1, 2002.
(3) The * * * division shall seek to obtain
the maximum amount of federal financial participation available to fund the
cost of administering the EBT system.
(4) The * * * Division of Human Services
may develop an on-line electronic benefit transfer (EBT) system for the
Temporary Assistance for Needy Families (TANF) program in Mississippi as an
alternative to issuing cash or voucher payments. The EBT system developed by
the * * *t
division under this section shall (a) provide that TANF benefits are
stored in and issued from a central computer data base and are electronically
accessed; and (b) meet all requirements and standards specified in the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193),
and the rules and regulations issued under that act. The * * * division shall seek to obtain
the maximum amount of federal financial participation available to fund the
cost of administering the EBT system for TANF payments.
(5) In order to facilitate
the acquisition and deployment of EBT products and services in Mississippi, the * * * Division of Human Services
(DHS) and the Mississippi Department of Information Technology Services
(MDITS), at their discretion, may utilize EBT agreements from other states
and/or multistate coalition agreements that allow other states to acquire EBT
products and services. After going through the approved ITS bidding process
and the state is unable to acquire an EBT contract, DHS and ITS may negotiate
an EBT contract with any vendor who meets DHS and ITS, EBT requirements.
SECTION 26. Section 43-1-29, Mississippi Code of 1972, is amended as follows:
43-1-29. (1) The * * * Division of Human Services
shall develop an off-line electronic benefit transfer (EBT) system for the food
stamp program in Mississippi as an alternative to issuing food stamp coupons.
The EBT system developed by the department under this section shall (a) provide
that food stamp benefits are encoded on computer microchips embedded in
reusable plastic cards (intelligent benefit cards) and are electronically
accessed by households at the point of sale through the use of such cards; and
(b) meet all requirements and standards specified in 7 USCS Section 2026(f) and
the rules and regulations issued under that provision for approval by the
Secretary of the United States Department of Agriculture as a demonstration
project.
(2) The * * * division shall finish
development of the EBT system no later than November 1, 1993, and shall submit
an application to the Secretary of the United States Department of Agriculture
for approval to operate the system as a demonstration project. If the EBT
system is approved as a demonstration project, the * * * division shall implement and
operate the system in one (1) county selected by the * * * division. After the
demonstration project has been in operation for one (1) year, the * * * division shall evaluate the
EBT system and report to the Legislature on the operation of the system.
(3) The * * * division shall seek to obtain
the maximum amount of federal financial participation available to fund the
cost of administering the EBT system.
SECTION 27. Section 43-17-1, Mississippi Code of 1972, is amended as follows:
43-17-1. (1) The State of Mississippi hereby accepts all of the mandatory provisions and benefits, with the exception of those provisions under which the state may exercise its options, of Title I of an act passed by the Senate and House of Representatives of the United States of America, in Congress assembled, entitled: "The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193)," and known as the Temporary Assistance to Needy Families (TANF) program.
(2) The * * * Division of Human Services
shall have all necessary authority to cooperate with the federal government in
the administration of Public Law 104-193 and all subsequent federal amendments
thereto, to administer any legislation pursuant thereto enacted by the State of
Mississippi, and to administer the funds provided by the federal government and
the State of Mississippi under the provisions of Section 43-17-1 et seq., for
providing temporary assistance for needy families with minor children. The * * * Division of Human Services
shall have full authority to formulate state plans consistent with state law as
necessary to administer and operate federal grant funds which provide temporary
assistance for needy families with minor children under Title IV-A of the federal
Social Security Act. The Department of Human Services shall identify in any
state plan submitted to implement the TANF program those requirements or
restrictions, including persons excluded from program participation which are
required under federal law, and those program requirements or restrictions
which the federal law authorizes but does not require.
(3) Any funds received by the State of Mississippi under the provisions of Public Law 104-193 shall be subject to appropriation by the Legislature and consistent with the terms and conditions required under such appropriation.
(4) The purpose of the Mississippi Temporary Assistance to Needy Families (TANF) program shall be to:
(a) Provide assistance
to needy families so that children may be cared for in their own homes or in
the homes of relatives when such care is beneficial and may be monitored on a
random basis by the * * *
Division of Human Services or the State Department of Health;
(b) End the dependence of needy families on government benefits by promoting job preparation, work and marriage through, among other things, job placement, job training and job retention;
(c) Prevent and reduce the incidence of out-of-wedlock pregnancies and establish annual numerical goals for preventing and reducing the incidence of these pregnancies;
(d) Encourage the formation and maintenance of two-parent families; and
(e) Prevent program fraud and abuse.
(5) The * * * Division of Human Services
shall develop outcome and output indicators for each program established under
the authority of this section. These measures shall provide legislators and
administrators with information which measures the success or failure of the
department in implementing the programs implemented under the authority of this
section. The department shall annually report to the Legislature the outputs
and outcomes of these programs, with the first report due by December 15,
1997. Such reports shall include recommendations for making programs more effective
or efficient which can be effected in accordance with federal law.
(6) Assistance may be
granted under this chapter to any dependent child and a caretaker relative who
are living in a suitable family home meeting the standards of care and health
and work requirements fixed by the laws of this state, and the rules and
regulations of the * * * Division of Human Services.
SECTION 28. Section 43-17-3, Mississippi Code of 1972, is amended as follows:
43-17-3. As used in this chapter:
(a) "State
department" means the * * * Division of Human
Services of the Department of Medicaid and Human Services.
(b) "County department" means the county department of human services and the county director of human services of each of the several counties in this state.
(c) "Dependent child" means a needy child under the age of eighteen (18), who has been deprived of parental support or care by reason of the death, continued absence from the home, or physical or mental incapacity of a parent, or the unemployment of the parent who is the principal earner, and who is living with his caretaker relative, in a place of residence maintained by one or more of such relatives as his or their own home, or who is placed in foster care pursuant to an order of a court of competent jurisdiction.
(d) "Caretaker relative" means a person who is providing care to a child qualified for and receiving assistance and who is the child's father, mother, grandfather, grandmother, brother, sister, uncle, aunt or any blood relative, including those of half-blood, and including first cousins or first cousins once removed, nephews, or nieces, and persons of preceding generations as denoted by the prefix of grand, great, or great-great, including great-great-great-grandparents, stepfather, stepmother, stepbrother and stepsister, persons who legally adopt a child or his parent, as well as the natural and other legally adopted children of such persons, and spouses of any persons named in the above groups. For the purposes of this chapter, all such relatives shall qualify as such whether the relationship be acquired by birth or adoption, and neither divorce nor death shall terminate any such relationship.
(e) "Assistance" means payment, including vendor or "in kind" payment to a TANF recipient, with respect to a dependent child or children paid to caretaker relatives or to other approved persons, agencies, associations, corporations or institutions providing medical or foster care, maintenance, work or training programs as authorized by the federal Social Security Act, as amended, to strengthen family life through services to children, foster care for children, work programs and services aimed at restoring individuals to independence and self-support; administrative costs, physical examinations, day care or child care arrangements essential to work programs.
(f) "Child's budget" means that mathematical computation used by county human service departments by which the Mississippi Standard of Need is compared to the income and resources of a family unit to determine the amount, if any, of assistance to which each family unit may be entitled, with full consideration given to the number of members in a family unit.
SECTION 29. Section 43-19-31, Mississippi Code of 1972, is amended as follows:
43-19-31. The * * * Division of Human Services is
hereby authorized and empowered to establish a single and separate Child
Support Unit for the following purposes:
(a) To develop and implement a nonsupport and paternity program and institute proceedings in the name of the Department of Human Services or in the name of the recipient in any court of competent jurisdiction in any county where the mother of the child resides or is found, in the county where the father resides or is found, or in the county where the child resides or is found;
(b) To secure and
collect support by any method authorized under state law and establish
paternity for any child or children receiving aid from the department any form
of public assistance, including, but not limited to, medical assistance, foster
care, food stamps, TANF, or any other program under the federal Social Security
Act, from a parent or any other person legally liable for such support who has
either failed or refused to provide support, deserted, neglected or abandoned
the child or children, including cooperating with other states in establishing
paternity, locating absent parents and securing compliance with court orders
for support of Temporary Assistance for Needy Families (TANF) children; the
department may petition the court for the inclusion of health insurance as part
of any child support order on behalf of any child receiving aid from the
department unless good cause for noncooperation, as defined by the Social
Security Act or the Mississippi * * * Division of Human Services,
is established. Unless notified to the contrary, whenever a child or children
for whom child support services have been provided ceases to receive public
assistance, the * * *
division will continue to provide services and establish paternity,
secure and collect such support payments from a parent or any other person
legally liable for such support in accordance with the standards prescribed
pursuant to the federal Social Security Act;
(c) To accept
applications for child support enforcement services to establish paternity,
secure and collect support from any proper party or person as defined by Title
IV-D of the federal Social Security Act notwithstanding the fact that the child
or children do not currently receive or have never received public assistance.
The * * *
division shall have the authority to secure and collect support by any
method authorized under state law and establish paternity for any child or
children on behalf of a recipient of child support services, including
individuals who do not currently receive or have never received public
assistance from a parent or any other person legally liable for such support
who has either failed or refused to provide support, deserted, neglected or
abandoned the child or children, including cooperating with other states in
establishing paternity, locating absent parents and securing compliance with
court orders for support; the * * * division may petition the
court for the inclusion of health insurance as part of any child support order
on behalf of such recipients of child support services. The proceeds of any
collections resulting from such application shall be distributed in accordance
with the standards prescribed in the federal Social Security Act;
(d) The * * * division shall seek to
recover from the individual who owes a support obligation to any individual who
is a recipient of Title IV-D services as set forth in paragraph (b) or (c) on
whose behalf the * * *
division is providing services, upon judicial proceedings conducted
thereon after advance notice to such obligor, reasonable attorney's fees and
court costs, in excess of any administrative fees collected and in excess of
amounts of current support owed by the obligor, which the department incurs in
recovering and collecting the support obligation, such costs and fees as the
department recovers to be deposited in the Special Fund of the Mississippi * * * Division of Human Services
which is hereby established for the pursuit and collection of child support;
(e) To initiate
contempt of court proceedings or any other remedial proceedings necessary to
enforce (i) any order or decree of court relating to child support, and (ii)
any order or decree of court relating to the maintenance and/or alimony of a
parent where support collection services on his or her child's behalf are being
provided by the * * *
division;
(f) To secure and collect by any method authorized under state law any maintenance and/or alimony on behalf of a parent whose child or children's support is being collected by the department. The department shall collect only such maintenance and/or alimony as is ordered or decreed by the court, and only in the event that the minor child and parent to whom such maintenance and/or alimony has been ordered are living in the same household;
(g) To obtain restitution of monies expended for public assistance from a parent or any other person legally liable for the support of any child or children receiving aid from the department; said action for restitution shall arise from the payment of public assistance for the dependent child or children and shall be for the amount of the public assistance paid. Said action for restitution shall not arise against the parent or other person legally responsible who receives public assistance for the benefit of any dependent child or children. When a court order of support has been issued, the amount recoverable shall be limited to the amount of the court order;
(h) Setting off against a debtor's income tax refund or rebate any debt which is in the form of a liquidated sum due and owing for the care, support or maintenance of a child;
(i) To have full responsibility in the aforementioned cases for initiating actions under the Uniform Interstate Family Support Act and for responding to the actions of other jurisdictions under said law when Mississippi is the responding state; however, this shall not impair private litigants' rights to proceed under any applicable interstate enforcement mechanisms;
(j) To enter into
contracts for the purpose of performing any test which the * * * division may, from time to
time, require;
(k) To maintain a
Central Receipting and Disbursement Unit to which all payments required by
withholding orders and orders for support in all actions to which the * * * Division of Human Services is
a party shall be forwarded, and from which child support payments ordered by
the court in actions to which the * * * Division of Human Services is
a party shall be disbursed to the custodial parent or other such party as may
be designated by the court order. The Central Receipting and Disbursement Unit
shall be operated by the * * *Department Division of Human Services or any financial
institution having operations and qualified to do business in Mississippi,
whose deposits are insured by the Federal Deposit Insurance Corporation. The
department shall conduct cost-benefit analyses to determine and utilize the
more cost efficient manner of operating the unit;
(l) To maintain a
Mississippi * * *
Division of Human Services Case Registry containing records with respect
to:
(i) Each case in which services are being provided by the department under this section; and
(ii) Each support order established or modified in Mississippi on or after October 1, 1998; and
(iii) The
Administrative Office of Courts, as established by Section 9-21-1, Mississippi
Code of 1972, in consultation with the Mississippi * * * Division of Human Services,
shall devise, promulgate and require the use of a Uniform Child Support Order
Tracking System.
1.
Information collected from case filing forms shall be furnished to the
Mississippi * * *
Division of Human Services, * * * Office of Child Support
Enforcement, in order that compliance with court-ordered obligations of support
may be tracked with specificity throughout the duration of said obligations and
any subsequent proceedings.
2. Such
tracking system shall include: * * * a. the names, residential and mailing
addresses, telephone numbers, Social Security numbers, driver's license numbers
and dates of birth of each child and parent named in or subject to the court
order; * * * b.
the court cause number of the action; * * * c. name, address and telephone number
of employer; * * *
d. any restraining or protective order indicating domestic violence; and * * * e. any other information which may be
used for the purpose of identifying any person named in or subject to the order
or for the purposes of establishing, enforcing or modifying a child support
order;
(m) To take
administrative actions relating to genetic testing, determine paternity,
establish child support orders, modification of child support orders, income
withholding, liens and subpoenas without the necessity of obtaining an order
from any judicial or other administrative tribunal with respect to cases
initiated or enforced by the * * * division pursuant to Title IV-D
of the Social Security Act;
(n) To have the authority to use high-volume automated administrative enforcement in interstate cases to the same extent as used for intrastate cases, in response to a request made by another state to enforce support orders; and
(o) To provide any child support enforcement or other service as may be required by the United States of America, Department of Health and Human Services, Family Support Administration, Office of Child Support Enforcement or their successor pursuant to federal law or regulation.
SECTION 30. Section 43-19-47, Mississippi Code of 1972, is amended as follows:
43-19-47. (1) The Child
Support Unit of the * * * Division of Human Services, in cooperation with
the Attorney General, may appoint at least one (1) full-time staff attorney in
or for each chancery court district for the purpose of initiating proceedings
under the provisions of Sections 43-19-31 through 43-19-53 in securing child
support and establishing paternity. The annual salary of each of the attorneys
appointed by the Child Support Unit, in cooperation with the Attorney General's
office under the provisions of Sections 43-19-31 through 43-19-53 shall be fixed
at such sums as may be deemed proper in accordance with the salaries of other
full-time employed state attorneys with the Attorney General's Office. Such
salaries, inclusive of all reimbursable travel and other expenses, inclusive of
financial arrangements perfected with the appropriate courts, the law
enforcement officials and the district attorneys, shall be paid monthly from
the funds appropriated to the Child Support Unit of the * * * Division of Human
Services and from the special fund for the * * * Office of Child Support in
which the interest from its accounts and all attorney's fees and other fees is
placed. The Mississippi Personnel Board shall survey the salaries of other
Mississippi attorneys with the Attorney General's Office each year and shall
raise the start step of the staff and senior attorneys accordingly and the
minimum shall never go below Forty Thousand Dollars ($40,000.00) for staff
attorneys or Fifty Thousand Dollars ($50,000.00) for senior attorneys.
(2) To assist in the
implementation of the provisions of Sections 43-19-31 through 43-19-53, the * * * Director of the * * * Division of Human Services
is empowered to enter into cooperative agreements with district attorneys,
county attorneys and attorneys employed by the county boards of supervisors, in
conjunction with the Office of Attorney General. Said cooperative agreements
shall be made in compliance with the regulations established by the Secretary
of the Department of Health and Human Services, and may be funded either by
funds appropriated to the Child Support Unit of the * * * Division of Human
Services or funds appropriated by any county board of supervisors in this state
for their respective county. Attorneys may be hired contractually to be paid
in amounts commensurate with the department's staff attorneys.
SECTION 31. Section 43-27-2, Mississippi Code of 1972, is amended as follows:
43-27-2. The * * * Division of Human Services of
the Department of Medicaid and Human Services shall be the Department of
Youth Services and shall retain all powers and duties granted by law to the
Department of Youth Services, and wherever the term "Department of Youth
Services" appears in any law the same shall mean the Department of Human
Services. The Executive Director of the * * * Division of Human Services
may assign to appropriate divisions such powers and duties as deemed
appropriate to carry out the functions of the * * * division. The * * * Director of the * * * Division of Human Services
may assign such powers and duties as deemed appropriate to carry out the
functions of the * * *
division.
SECTION 32. Section 43-27-10, Mississippi Code of 1972, is amended as follows:
43-27-10. (1) The * * * Division of
Human Services shall exercise executive and administrative supervision over all
state-owned facilities used for the detention, training, care, treatment and
aftercare supervision of delinquent children properly committed to or confined
in said facilities by a court on account of such delinquency; provided,
however, such executive and administrative supervision under state-owned
facilities shall not extend to any institutions and facilities for which
executive and administrative supervision has been provided otherwise by law
through other agencies.
(2) Such facilities shall include, but not be limited to, the Oakley Training School, which is now the Oakley Youth Development Center, created by Chapter 205, Laws of 1942, and those facilities authorized by Chapter 652, Laws of 1994.
(3) The * * * division shall have the
power as a corporate body to receive, hold and use personal, real and mixed
property donated to them or property acquired under Section 43-27-35, and shall
have such other corporate authority as shall now or hereafter be necessary for
the operation of any such facility. The * * * division shall be
responsible for the planning, development and coordination of a statewide,
comprehensive youth services program designed to train and rehabilitate
children in order to prevent, control and retard juvenile delinquency.
(4) The * * * division is authorized to
develop and implement diversified public, private, or contractual programs and
facilities to promote, enhance, provide and assure the opportunities for the
successful care, training and treatment of delinquent children properly
committed to or confined in any facility under its control. Such programs and
facilities may include, but not be limited to, training schools, foster homes,
halfway houses, forestry camps, regional assessment, classification and
diagnostic centers, detention centers, group homes, regional and community-based
juvenile intensive residential treatment facilities, specialized and
therapeutic programs and facilities, and other state and local community-based
programs and facilities.
(5) The * * * division is authorized to
acquire whatever hazard, casualty or workers' compensation insurance is
necessary for any property, real or personal, owned, leased or rented by the
department or for any employees or personnel hired by the department and may
acquire professional liability insurance on all employees as deemed necessary
and proper by the department. All premiums due and payable on account thereof
shall be paid out of the funds of the department.
SECTION 33. Section 43-27-11, Mississippi Code of 1972, is amended as follows:
43-27-11. The * * * Division of
Human Services shall succeed to the exclusive control of all records, books,
papers, equipment and supplies, and all lands, buildings and other real and
personal property now or hereafter belonging to or assigned to the use and benefit
or under the control of the Oakley Youth Development Center, and shall have the
exercise and control of the use, distribution and disbursement of all funds,
appropriations and taxes now or hereafter in possession, levied, collected or
received or appropriated for the use, benefit, support and maintenance of * * * the institution,
and the department shall have general supervision of all the affairs of the * * * institution herein
named, and the care and conduct of all buildings and grounds, business methods
and arrangements of accounts and records, the organization of the
administrative plans of * * *each the institution, and all other matters incident to
the proper functioning of the * * * institution. The * * * division shall have full
authority over the operation of any and all farms at * * * the institution
and over the distribution of agricultural, dairy, livestock and any and all
other products therefrom and over all funds received from the sale of hogs and
livestock. All sums realized from the sale of products manufactured and
fabricated in the shops of the vocational departments of * * * the institution shall
be placed in the revolving fund of the * * * institution in
which said products were manufactured, fabricated and sold.
The * * * division shall be authorized
to lease the lands for oil, gas and mineral exploration, and for such other
purposes as the department deems to be appropriate, on such terms and
conditions as the department and lessee agree. The department may contract
with the State Forestry Commission for the proper management of forest lands
and the sale of timber, and the department is expressly authorized to sell
timber and forestry products. The * * * division is further
authorized to expend the net proceeds from incomes from all leases and timber
sales exclusively for the instructional purposes or operational expenses, or
both, at the * * * institution under its jurisdiction.
The granting of any leases for oil, gas and mineral exploration shall be on a public bid basis as prescribed by law.
SECTION 34. Section 43-27-22, Mississippi Code of 1972, is amended as follows:
43-27-22. (1) Within the * * * Division of Human Services of
the Department of Medicaid and Human Services there shall be an Office of
Juvenile Correctional Institutions which shall be headed by a Director of
Juvenile Institutions, who shall be appointed by the Director of the * * * Office of Youth Services. The
Director of Juvenile Institutions shall appoint the individual * * * Office of Youth Services
Institutional Administrators who, in turn, shall have full power to select and
employ personnel necessary to operate the facility he directs, subject to the
approval of the Director of the * * * Office of Youth Services.
(2) The Office of Juvenile
Correctional Institutions shall have such duties as the Director of the * * * Office of Youth Services shall
assign to it including, but not limited to, the following:
(a) Operation and maintenance of training schools and other facilities as may be needed to properly diagnose, care for, train, educate and rehabilitate children and youths who have been committed to or confined in the facilities or who are included in the programs of the facilities.
(b) Fulfillment of the objectives of rehabilitation and reformation of the youths confined in the schools, being careful to employ no discipline, training or utilization of time and efforts of such youth that shall under any condition or in any way interfere with such objectives.
(c) Grouping of the youths in the schools according to age, sex and disciplinary needs with respect to their housing, schooling, training, recreation and work, being careful to prevent injury to the morals or interference with the training and rehabilitation of the younger or correctable youths by those considered to be less amenable to discipline and rehabilitation.
SECTION 35. Section 43-27-37, Mississippi Code of 1972, is amended as follows:
43-27-37. There is created
in the * * *
Division of Human Services, * * * Office of Youth Services, a
Statewide Juvenile Work Program under the direction of a statewide
coordinator. The statewide coordinator shall assist the youth court judges in
implementing and administering the Juvenile Work Program as established under
this section. The statewide coordinator shall establish standards and
guidelines for juvenile work programs.
SECTION 36. Section 43-27-101, Mississippi Code of 1972, is amended as follows:
43-27-101. For purposes of Sections 43-27-101 and 43-27-103, the following words shall have the meanings ascribed in this section, unless the context requires otherwise:
(a) "Child or
youth in the custody of the * * * Division of Human
Services" means an individual:
(i) Who has not yet reached his eighteenth birthday;
(ii) Who has been legally placed in the custody of the Department of Human Services by the youth court and for whom custody with the Department of Human Services was not sought by the parents or legal custodians or guardians for the parents' or legal custodians' or guardians' legal responsibilities to relieve themselves of the responsibility for paying for treatment for a child or youth; and
(iii) Who is unable to be maintained with the family or legal guardians or custodians due to his or her need for specialized care.
(b) "Child or
youth under the supervision of the * * * Division of Human
Services" means an individual:
(i) Who has not yet reached his eighteenth birthday; and
(ii) Who has been referred for abuse or neglect and for whom a case has been opened and is active in the Division of Family and Children's Services of the department.
(c) "Plan of care" means a written plan of services needed to be provided for a child or youth and his or her family in order to provide the special care or services required.
(d) "Special needs crisis" means:
(i) Conduct or behavioral problems of such a severe nature and level that family or parental violence, abuse, and/or neglect pose an imminent threat or are present; or
(ii) Conduct or behavioral problems of such a severe nature and level that family or parental violence, abuse, and/or neglect pose an imminent threat or are present.
(e) "Specialized care" means:
(i) "Self care," which means the ability to provide, sustain and protect himself or herself at a level appropriate to his or her age;
(ii) "Interpersonal relationships," which means the ability to build and maintain satisfactory relationships with peers and adults;
(iii) "Family life," which means the capacity to live in a family or family-type environment;
(iv) "Self direction," which means the child's ability to control his or her behavior and to make decisions in a manner appropriate to his or her age;
(v) "Education," which means the ability to learn social and intellectual skill from teachers in an available educational setting.
(f) "Special needs child" means a child with a variety of handicapping conditions or disabilities, including emotional or severely emotional disorders. These conditions or disabilities present the need for special medical attention, supervision and therapy on a very regimented basis.
SECTION 37. Section 43-27-107, Mississippi Code of 1972, is amended as follows:
43-27-107. The * * * Division of Human Services is
authorized to set the qualifications necessary for all family protection
specialists employed by the department, which shall at a minimum require that
the applicant possess a baccalaureate degree in social work from a college or
university accredited by the Council on Social Work Education or Southern
Association of Colleges and Schools, unless the person was licensed as a social
worker before September 1, 1994, pursuant to Section 73-53-7, Mississippi Code
of 1972.
The qualifications for employment of a family protection specialist at the senior, advanced and supervisory grades shall require, in addition to those required of a family protection specialist, state licensure as a social worker.
The department shall not be
required to go through the State Personnel Board or use the qualifications set
by the Personnel Board in employing any family protection specialists for the
department. All family protection specialists employed by the department shall
be state service employees from the date of their employment with the * * * division; however, to
carry out its responsibilities, the * * * division may use any
available federal funds to employ such additional family protection specialists
as it can employ in time-limited positions. All social worker positions
existing before July 1, 1998, will remain state service.
This section shall stand repealed on July 1, 2019.
SECTION 38. Section 43-27-201, Mississippi Code of 1972, is amended as follows:
43-27-201. (1) The purpose
of this section is to outline and structure a long-range proposal in addition
to certain immediate objectives for improvements in the juvenile facilities
of the * * *
Office of Youth Services of the Mississippi * * * Division of Human Services in
order to provide modern and efficient rehabilitation facilities for
juvenile offenders in Mississippi, who are committing an increasing percentage
of serious and violent crimes.
(2) The * * * Office of Youth Services shall
establish, maintain and operate an Adolescent Opportunity Program (AOP)
throughout the state, which may include non-Medicaid assistance eligible
juveniles. Beginning July 1, 2016, subject to availability of funds
appropriated therefor by the Legislature, AOP professional services,
salaries, facility offices, meeting rooms and related supplies and equipment
may be provided through contract with local mental health or other nonprofit
community organizations. Each AOP must incorporate evidence-based practices
and positive behavioral intervention that includes two (2) or more of the
following elements: academic, tutoring, literacy, mentoring, vocational
training, substance abuse treatment, family counseling and anger management.
Programs may include, but shall not be limited to, after school and weekend
programs, job readiness programs, home detention programs, community service
conflict resolution programs, restitution and community service.
SECTION 39. Section 43-27-401, Mississippi Code of 1972, is amended as follows:
43-27-401. (1) The * * * Division of Human Services, * * * Office of Youth Services, shall
establish a pilot program to be known as the "Amer-I-Can Program."
The program is designed for youths who have been committed to or are confined
at the Oakley Youth Development Center. The objectives of this program are:
(a) To develop greater self-esteem, assume responsible attitudes and experience a restructuring of habits and conditioning processes;
(b) To develop an appreciation of family members and an understanding of the role family structure has in achieving successful living;
(c) To develop an understanding of the concept of community and collective responsibility;
(d) To develop a prowess in problem solving and decision making that will eliminate many of the difficulties that were encountered in past experiences;
(e) To develop skills in money management and financial stability, thus relieving pressures that have contributed to previous difficulties;
(f) To develop communication skills to better express thoughts and ideas while acquiring an understanding of and respect for the thoughts and ideas of others; and
(g) To acquire employment seeking and retention skills to improve chances of long-term, gainful employment.
(2) The * * * Office of Youth Services shall
develop policies and procedures to administer the program and shall choose
which youths are eligible to participate in the program.
(3) The * * * division may accept any
funds, public or private, made available to it for the program.
SECTION 40. Section 43-29-1, Mississippi Code of 1972, is amended as follows:
43-29-1. For the purpose of
providing assistance for permanently totally disabled needy people under the
age of (sixty-five) 65 years and over the age of (eighteen) 18 years who are
unable to work, a statewide system of assistance is hereby established and
shall be in effect in all political subdivisions of the state, to operate with
due regard to varying conditions and cost of living, to be financed by state
appropriations therefor, and to be administered by the * * * Division
of Human Services of the Department of Medicaid and Human Services, as
hereinafter provided.
SECTION 41. Section 43-47-5, Mississippi Code of 1972, is amended as follows:
43-47-5. For the purposes of this chapter, the following words shall have the meanings ascribed herein unless the context otherwise requires:
(a) "Abuse" means the commission of a willful act, or the willful omission of the performance of a duty, which act or omission contributes, tends to contribute to, or results in the infliction of physical pain, injury or mental anguish on or to a vulnerable person, the unreasonable confinement of a vulnerable person, or the willful deprivation by a caretaker of services which are necessary to maintain the mental or physical health of a vulnerable person. "Abuse" includes the sexual abuse delineated in Section 43-47-18. "Abuse" does not mean conduct that is a part of the treatment and care of, and in furtherance of the health and safety of, a patient or resident of a care facility, nor shall it mean a normal caregiving action or appropriate display of affection. "Abuse" includes, but is not limited to, a single incident.
(b) "Care facility" means:
(i) Any institution or place for the aged or infirm as defined in, and required to be licensed under, the provisions of Section 43-11-1 et seq.;
(ii) Any long-term care facility as defined in Section 43-7-55;
(iii) Any hospital as defined in, and required to be licensed under, the provisions of Section 41-9-1 et seq.;
(iv) Any home health agency as defined in, and required to be licensed under, the provisions of Section 41-71-1 et seq.;
(v) Any hospice as defined in, and required to be licensed under, the provisions of Chapter 85 of Title 41; and
(vi) Any adult day services facility, which means a community-based group program for adults designed to meet the needs of adults with impairments through individual plans of care, which are structured, comprehensive, planned, nonresidential programs providing a variety of health, social and related support services in a protective setting, enabling participants to live in the community. Exempted from this definition shall be any program licensed and certified by the Mississippi Department of Mental Health and any adult day services program provided to ten (10) or fewer individuals by a licensed institution for the aged or infirm.
(c) "Caretaker" means an individual, corporation, partnership or other organization which has assumed the responsibility for the care of a vulnerable person, but shall not include the Division of Medicaid, a licensed hospital, or a licensed nursing home within the state.
(d) "Court" means the chancery court of the county in which the vulnerable person resides or is located.
(e) "Department" means the Department of Medicaid and Human Services acting through the Division of Human Services.
(f) "Emergency" means a situation in which:
(i) A vulnerable person is in substantial danger of serious harm, death or irreparable harm if protective services are not provided immediately;
(ii) The vulnerable person is unable to consent to services;
(iii) No responsible, able or willing caretaker, if any, is available to consent to emergency services; and
(iv) There is insufficient time to utilize the procedure provided in Section 43-47-13.
(g) "Emergency services" means those services necessary to maintain a vulnerable person's vital functions and without which there is reasonable belief that the vulnerable person would suffer irreparable harm or death, and may include taking physical custody of the person.
(h) "Essential services" means those social work, medical, psychiatric or legal services necessary to safeguard a vulnerable person's rights and resources and to maintain the physical or mental well-being of the person. These services shall include, but not be limited to, the provision of medical care for physical and mental health needs, assistance in personal hygiene, food, clothing, adequately heated and ventilated shelter, protection from health and safety hazards, protection from physical mistreatment and protection from exploitation. The words "essential services" shall not include taking a vulnerable person into physical custody without his consent, except as provided for in Section 43-47-15 and as otherwise provided by the general laws of the state.
(i) "Exploitation" means the illegal or improper use of a vulnerable person or his resources for another's profit, advantage or unjust enrichment, with or without the consent of the vulnerable person, and may include actions taken pursuant to a power of attorney. "Exploitation" includes, but is not limited to, a single incident.
(j) "Illegal use" means any action defined under Mississippi law as a criminal act.
(k) "Improper use" means any use without the consent of the vulnerable person, any use with the consent of the vulnerable person if the consent is obtained by undue means, or any use that deprives the vulnerable person of his ability to obtain essential services or a lifestyle to which the vulnerable person has become accustomed and could have otherwise afforded.
(l) "Lacks the capacity to consent" means that a vulnerable person, because of physical or mental incapacity, lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person, including, but not limited to, provisions for health care, food, clothing or shelter. This may be reasonably determined by the department in emergency situations; in all other instances, the court shall make the determination following the procedures in Sections 43-47-13 and 43-47-15 or as otherwise provided by the general laws of the state.
(m) "Neglect" means either the inability of a vulnerable person who is living alone to provide for himself the food, clothing, shelter, health care or other services which are necessary to maintain his mental or physical health, or failure of a caretaker to supply the vulnerable person with the food, clothing, shelter, health care, supervision or other services which a reasonably prudent person would do to maintain the vulnerable person's mental and physical health. "Neglect" includes, but is not limited to, a single incident.
(n) "Protective services" means services provided by the state or other government or private organizations, agencies or individuals which are necessary to protect a vulnerable person from abuse, neglect or exploitation. They shall include, but not be limited to, investigation, evaluation of the need for services and provision of essential services on behalf of a vulnerable person.
(o) "Sexual penetration" shall have the meaning ascribed in Section 97-3-97.
(p) "Undue means" means the use of deceit, power, or persuasion over a vulnerable person resulting in the vulnerable person being influenced to act otherwise than by his own free will or without adequate attention to the consequences.
(q) "Vulnerable person" means a person, whether a minor or adult, whose ability to perform the normal activities of daily living or to provide for his or her own care or protection from abuse, neglect, exploitation or improper sexual contact is impaired due to a mental, emotional, physical or developmental disability or dysfunction, or brain damage or the infirmities of aging. The term "vulnerable person" also includes all residents or patients, regardless of age, in a care facility. The department shall not be prohibited from investigating, and shall have the authority and responsibility to fully investigate, in accordance with the provisions of this chapter, any allegation of abuse, neglect or exploitation regarding a patient in a care facility, if the alleged abuse, neglect or exploitation occurred at a private residence.
SECTION 42. Section 43-51-7, Mississippi Code of 1972, is amended as follows:
43-51-7. The * * * Division of Human
Services shall apply annually for any available federal funds that may be used
to defray the planning and service expenses, in all or in part, of the Home
Ties Program, including, but not limited to, funds available under the Child
and Family Services Program of the Social Security Act.
SECTION 43. Section 43-53-3, Mississippi Code of 1972, is amended as follows:
43-53-3. (1) Establishment of the council. There is hereby established within the Office of the Governor the Mississippi Leadership Council on Aging, hereafter in this act the "council."
(2) Membership of the council:
(a) The council shall consist of a representative of the Department of Public Safety to be appointed by the Commissioner of Public Safety;
(b) Two (2) representatives of the Mississippi Sheriff's Association, to be elected by the Sheriff's Association;
(c) Two (2) representatives of the Mississippi Association of Chiefs of Police, to be elected by the Association of Chiefs of Police;
(d) One (1)
representative of the Mississippi * * * Division of Human Services, * * * Office of Aging and Adult
Services, to be appointed by the Executive Director of the * * * Division of Human Services;
(e) Two (2) representatives of the American Association of Retired Persons, to be elected by Mississippi AARP Executive Committee;
(f) Two (2) representatives from community volunteer councils on aging, to be appointed by the Office of the Governor;
(g) One (1) representative from the Office of the Attorney General, Crime Prevention Unit, to be appointed by the Attorney General; and
(h) Two (2) representatives from the aging advocate network, to be appointed by the Lieutenant Governor.
(3) In the performance of its functions, the council shall, to the extent possible, solicit the participation and involvement of retired law enforcement personnel.
(4) The council shall elect a chairperson by a majority vote of the membership.
(5) Members of the council shall serve until the appropriately designated person in each representative organization selects another representative, and all persons on the council shall be subject to the advice and consent of the Senate.
(6) Membership on the council shall not constitute the holding of a public office, and members of the council shall not be required to take and file oaths of office before serving on the committee.
(7) The members of the committee shall receive no compensation for their services as members.
(8) No member of the council shall be disqualified from holding any public office or employment nor shall any member forfeit any employment or office by reason of his membership on the council.
(9) The council shall meet as often as deemed necessary, but in no event less than four (4) times annually. The chairman shall call the first meeting of the council no later than October 1996. A majority of the membership shall constitute a quorum for conducting business.
SECTION 44. Section 37-33-151, Mississippi Code of 1972, is amended as follows:
37-33-151. The following terms shall have the meanings ascribed herein, unless the context shall otherwise require:
(a) * * * (Deleted)
(b) " * * * Director" means the * * * Director of the * * * Division of
Rehabilitation Services of the Department of Medicaid and Human Services.
(c)
"Department" means the * * * Department of Medicaid and Human
Services acting through the Division of Rehabilitation Services.
* * *
( * * *d) "Office" means an
administrative subdivision of the * * * division.
SECTION 45. Section 37-33-153, Mississippi Code of 1972, is amended as follows:
37-33-153. In order to
provide for rehabilitation, habilitation and other services to eligible
individuals with disabilities, their families and the community, there is
created the * * * Division of Rehabilitation Services of the
Department of Medicaid and Human Services. The * * * division shall be composed of
the following offices:
(a) The Office of Vocational Rehabilitation;
(b) The Office of Disability Determination Services;
(c) The Office of Special Disability Programs; and
(d) The Office of Vocational Rehabilitation for the Blind.
SECTION 46. Section 37-33-155, Mississippi Code of 1972, is amended as follows:
37-33-155. * * *
The Division of Rehabilitation Services of the Department of Medicaid and
Human Services shall be the State Board of Rehabilitation Services and shall
retain all powers and duties granted by law to the State Board of
Rehabilitation Services. On July 1, 2016, all duties, responsibilities,
authority, power, assets, liabilities, contractual rights and obligations and
property rights, whether accruing or vesting in the State Board of
Rehabilitation Services before or after July 1, 2016, are vested in the
Division of Rehabilitation Services of the Department of Medicaid and Human
Services. Wherever the term "State Board of Rehabilitation
Services," "State Department of Rehabilitation Services,"
"board" or "department" appears in any law or regulation,
the same shall mean the Division of Rehabilitation Services of the Department
of Medicaid and Human Services.
* * *
SECTION 47. Section 37-33-157, Mississippi Code of 1972, is amended as follows:
37-33-157. The * * * Division of Rehabilitation
Services of the Department of Medicaid and Human Services shall provide
the rehabilitation services authorized by law and by the rules, regulations and
policies of the * * *
division to every individual determined to be eligible therefor, and in
carrying out the purposes of this chapter the * * * division is authorized, when
consistent with * * *
its rules, regulations and policies * * *:
(a) To expend funds received either by appropriation or directly from federal or private sources.
(b) To cooperate with other departments, agencies and institutions, both public and private, in providing the services authorized by this chapter to disabled individuals, in studying the problems involved therein, and in establishing, developing and providing in conformity with the purposes of this chapter, such programs, facilities and services as may be necessary or desirable.
(c) To enter into reciprocal agreements with other states to provide for the services authorized by this chapter to residents of the states concerned.
(d) To conduct research and compile statistics relating to the provision of services to or the need of services by disabled individuals.
(e) To enter into contractual arrangements with the federal government and with other authorized public agencies or persons for performance of services related to rehabilitation.
(f) To contract with schools, hospitals and other agencies, and with doctors, optometrists, nurses, technicians and other persons, for training, physical restoration, transportation and other rehabilitation services.
(g) To take such action as may be necessary to enable the department to apply for, accept and receive for the state and its residents the full benefits available under the federal Vocational Rehabilitation Act, and any amendments thereto, and under any other federal legislation or program having as its purpose the providing of, improvement or extension of, vocational rehabilitation services.
(h) To establish an Office on the Deaf and Hard of Hearing to provide services and activities authorized under Section 37-33-171.
(i) To own in the name of the State of Mississippi certain real property described in Section 7 of Chapter 512, Laws of 2005, and to construct, renovate or repair under the supervision of the Department of Finance and Administration any buildings on such property.
(j) To borrow money from the Mississippi Development Bank or other financial institution for the purpose of construction, repair and renovation, furnishing or equipping facilities owned or under the supervision of the department; however, the department shall certify the following to the Mississippi Development Bank or other financial institution prior to entering into any loan:
(i) The available revenue that the department intends to utilize to repay the loan; and
(ii) That the department does not intend to request an additional appropriation from state source funding to pay debt service on any loan entered into under this paragraph.
(k) To fingerprint and perform a current criminal history record check, child abuse registry check, sex offender registry check, and vulnerable adult abuse or neglect check on any person performing services for or on behalf of the department including, but not limited to, every employee, volunteer, contractual worker, and independent contractor.
(l) To use the results
of the fingerprinting and background checks performed under paragraph (k) for
the purposes of employment decisions and/or actions and service provision to
consumers of the * * *
division's services. The * * * division and its agents,
officers, employees, attorneys and representatives shall be exempt from
liability for any findings, recommendations or actions taken under this
paragraph.
SECTION 48. Section 37-33-159, Mississippi Code of 1972, is amended as follows:
37-33-159. The * * * Executive
Director of the Department of Medicaid and Human Services shall appoint an * * * Director of the * * * Division of
Rehabilitation Services, in accordance with standards established by the State
Personnel Board and on the basis of his education, training, experience and
demonstrated ability. The * * * Director of the Division of
Rehabilitation Services * * * shall serve at the will and pleasure of the * * * Executive Director of the Department
of Medicaid and Human Services. The salary of the * * * director shall be set by the * * * Executive Director of the Department
of Medicaid and Human Services, subject to the approval of the State
Personnel Board, and shall be provided for out of any funds made available for
such purpose by the Legislature, the federal government or other gifts or
grants. The * * * Director of the Division of Rehabilitation Services
shall be responsible * * * for the proper administration of the programs of
rehabilitation provided under this chapter in conformity with the policies * * * of the division and
shall be responsible for appointing directors of offices and any necessary
supervisors, assistants and employees. The salary and compensation of such
employees shall be subject to the rules and regulations adopted and promulgated
by the State Personnel Board as created under Section 25-9-101 et seq.
SECTION 49. Section 37-33-161, Mississippi Code of 1972, is amended as follows:
37-33-161. In carrying out
his duties under this chapter, the * * * Director of the * * * Division of
Rehabilitation Services:
(a) Shall * * * promulgate
regulations governing personnel standards, the protection of records and
confidential information, the manner and form of filing applications,
eligibility and investigation and determination therefor, for vocational
rehabilitation and other rehabilitation services, procedures for fair hearings
and such other regulations as he finds necessary to carry out the purposes of
this chapter and in conformity with federal law;
(b) Shall * * * establish
appropriate subordinate administrative units within the department;
(c) Shall prepare and
submit to * * * the Legislature annual reports of activities and expenditures
and, before each regular session of the Legislature, coordinate budget requests
required for carrying out this chapter and estimates of the amounts to be made
available for this purpose from all sources;
(d) Shall be empowered to exercise executive and administrative supervision over all institutions, offices, programs and services now existing or hereafter acquired or created under the jurisdiction of the department;
(e) Shall make certification for disbursement, in accordance with regulations, of funds available, for implementing the purposes of this chapter;
(f) Shall * * * take such
other action as he deems necessary or appropriate to effectuate the purposes of
this chapter;
(g) May * * * delegate to
any officer or employee of the department such of his powers and duties as he
finds necessary to effectuate the purposes of this chapter.
SECTION 50. Section 37-33-163, Mississippi Code of 1972, is amended as follows:
37-33-163. The Office of
Disability Determination Services established by Section 37-33-153 shall be
administered by a director appointed by the * * * Director of the * * * Division of
Rehabilitation Services. The director shall devote his full time to the proper
administration of the office. In carrying out his duties under this chapter,
the director:
(a) Shall enter into
agreements on behalf of the * * * Division of
Rehabilitation Services and the State of Mississippi with the federal Social
Security Administration or its successor in order to implement the provisions
of the federal Social Security Act relating to the determination of
disabilities under Title II and Title XVI, and shall enter into contracts
necessary to provide such disability determination functions as allowed under
applicable federal regulation;
(b) Shall, with the
approval of the * * * director, make regulations governing Mississippi
applications for disability benefits under Title II and Title XVI of the
federal Social Security Act, and make such other regulations as are found
necessary to implement the functions of the office prescribed under this
chapter;
(c) Shall, with the
approval of the * * * director, establish appropriate subordinate administrative
units within the office;
(d) Shall, with the
approval of the * * * director, be responsible for appointing supervisors,
assistants, physicians, and other employees or entering into purchase of
service contracts, as are necessary for the efficient performance of the
functions of the office, subject to the rules and regulations adopted and
promulgated by the State Personnel Board as created under Section 25-9-101 et
seq.;
(e) Shall prepare and
submit to * * * the * * * director annual reports of activities and expenditures,
and estimates of the amounts to be made available to the office from all
sources; and
(f) Shall, with the
approval of the * * * director and the board, take such other action as he deems
necessary or appropriate to implement the functions of the office.
SECTION 51. Section 37-33-165, Mississippi Code of 1972, is amended as follows:
37-33-165. The * * * Division of
Rehabilitation Services, through the Office of Disability Determination
Services, shall cooperate pursuant to agreements with the federal Social
Security Administration or its successor in carrying out responsibilities
relating to the processing and rendering decisions on all Mississippi
applications for Social Security Disability Benefits and Supplemental Security
Income pursuant to Title II and Title XVI of the federal Social Security Act,
as amended, and is authorized to adopt such methods of administration as are
found by the federal government to be necessary for the proper and efficient
operation of such disability programs and to comply with such conditions and
federal regulations as may be necessary to secure the full benefits of such
federal statutes and appropriations. In complying with such federal
administrative standards, the office shall assume the following
responsibilities:
(a) Provide management needed to ensure that the office carries out the disability determination function under the various provisions of the federal Social Security Act so that disability determinations are made accurately and promptly;
(b) Provide an organizational structure, adequate facilities, qualified personnel, medical consultant services and quality assurances;
(c) Furnish reports and records relating to the administration of the disability program;
(d) Submit budgets;
(e) Cooperate with audits;
(f) Ensure that all applicants for and recipients of disability benefits are treated equally;
(g) Account for property used for disability program purposes;
(h) Provide for the advancement of travel expense funds and other services as deemed necessary;
(i) Take part in research and demonstration projects;
(j) Coordinate with other state agencies;
(k) Protect records and confidential information created by the office in performing the disability determination function;
(l) Maintain liaison with the medical profession and organizations that may facilitate performing the disability determination function; and
(m) Comply with other provisions of the federal law and regulations in performing the disability determination function in order to promote effective and uniform administration.
SECTION 52. Section 37-33-167, Mississippi Code of 1972, is amended as follows:
37-33-167. The * * * Division of
Rehabilitation Services, through the Office of Disability Determination
Services, may enter into agreements with the federal Social Security
Administration or its successor and other state agencies for the purpose of
performing eligibility determinations for Medicaid assistance payments for
those persons who qualify therefor under Section 43-13-115(4), and may adopt
such methods of administration as may be necessary to secure the full benefits
of federal appropriations for medical assistance for such persons.
SECTION 53. Section 37-33-171, Mississippi Code of 1972, is amended as follows:
37-33-171. (1) There is
hereby established an Office on Deaf and Hard of Hearing within the * * * Division of
Rehabilitation Services, hereinafter referred to as "ODHH."
(2) The ODHH shall have the following responsibilities:
(a) To work to make interpreter services available to people who are deaf or hard of hearing;
(b) To work to increase the number of qualified interpreters in the state and to increase the certification level of interpreters in the state;
(c) To maintain a registry of available and qualified interpreters in the state;
(d) To provide community outreach, training and education to the public and private sectors, including business, governmental entities, schools and political subdivisions, on issues related to the deaf and hard of hearing;
(e) To serve as a collection point and clearinghouse for information and data related to deafness, including program and service options available for adults and children who are deaf and hard of hearing;
(f) To encourage, participate in and conduct studies and research on issues related to the deaf and hard of hearing;
(g) To provide advice and information to the Mississippi Legislature;
(h) To work with public and private entities, including community and four-year colleges and universities, to accomplish the responsibilities of the ODHH;
(i) To discharge such other duties, responsibilities and powers as are necessary to implement the provisions of this section.
(3) A
service center for ODHH shall be established and operated according to policies
established by the ODHH * * *and approved by the State Board of Rehabilitation Services.
(4) The ODHH shall be
staffed by an office director, an administrative assistant and full-time and
part-time interpreters. These staff members shall be employees of the * * * Division of
Rehabilitation Services. The ODHH shall also have the power to contract with
free lance interpreters as needed.
(5) The ODHH shall establish and utilize an advisory council made up of a majority of members who are deaf or hard of hearing. The first members of the ODHH Advisory Council shall be appointed for a one-year term; subsequent appointments or reappointments shall be made for two-year terms.
(6) The ODHH is authorized to apply for and accept funds from any source and to receive contributions, gifts or any other funds from any private or public source.
(7) The ODHH shall be funded subject to appropriation by the Legislature and in operation by July 1, 1998.
SECTION 54. Section 37-33-173, Mississippi Code of 1972, is amended as follows:
37-33-173. (1) As used in this section:
(a)
"Certification" means the credentials that * * *
have been granted or
recognized, or both, by the National Association of the Deaf (NAD), the
Registry of Interpreters for the Deaf (RID), or any other national certifying
body that is recognized by the Mississippi Office on Deaf and Hard of Hearing
(ODHH), including, but not limited to: RID/NAD National Interpreter
Certification (NIC)(NIC, NIC Advanced, NIC Master), NAD (III, IV or V),
Comprehensive Skills Certificate (CSC), Certificate of Interpretation (CI),
Certificate of Transliteration (CT), Ed: K-12 (Educational Interpreter
Performance Appraisal [EIPA] Level 4 or 5), Certified Deaf Interpreter (CDI).
It further includes the documentation that supports the certification level the
interpreter has achieved.
(b) "Deaf or hard of hearing person" means a person who has either no hearing or who has significant hearing loss so as to need the services of an interpreter to communicate. "Deafblind person" means a person who has either the dual loss of hearing and sight or who has significant hearing and vision losses so as to need the services of an interpreter to communicate.
(c) "Interpreter training program" means a postsecondary degree program of at least two (2) years in duration that is accredited by the Mississippi Community College Board, the Mississippi institutions of higher learning or a comparable agency in another state.
(d) "Interpreter" means an individual who is certified or credentialed by the National Association of the Deaf, the Registry of Interpreters for the Deaf, any other national certifying organization which is recognized by the Mississippi Office on Deaf and Hard of Hearing (ODHH), or an individual who holds a valid ODHH-approved quality assurance screening level. Registered interpreters are required to adhere to professional standards and a Code of Ethics as established by the National Association of the Deaf and the Registry of Interpreters for the Deaf.
(e) "Interpreting" is the process of providing accessible communication between and among consumers who are deaf or hard of hearing and those who are hearing. This process includes, but is not limited to, communication between persons who use American Sign Language, English, cued speech and oral communication. It may also include various other modalities that involve visual, gestural and tactile methods.
(f) "Quality assurance level (QA level)" means the level granted through an ODHH-approved quality assurance screening evaluation. It further includes the documentation that supports the QA level the interpreter has achieved.
(g) "Register" means the process whereby the certification and quality assurance level of qualified interpreters are documented and maintained so as to permit those individuals to act as an interpreter for pay in the State of Mississippi.
(h) "Registering
authority" means the agency that registers the credentials an interpreter
holds, issues the registration documentation to do business in the State of
Mississippi, and maintains the records to support the registration. The
registering authority is the Mississippi * * * Division of Rehabilitation
Services, Office on Deaf and Hard of Hearing.
(i) "EIPA" means the Educational Interpreter Performance Assessment.
(2) (a) Commencing on July 1, 2005, no person, except as noted in subsection (2)(f), shall do any of the following with respect to providing interpreting services for consumers who are deaf or hard of hearing for a fee or other remuneration unless the person is registered with the registering authority:
(i) Engage in the practice of, or offer to engage in the practice of, interpreting for a fee.
(ii) Use the title of interpreter in connection with the person's name.
(iii) Assume the identity of an interpreter.
(iv) Use the title of interpreter in advertisements or descriptions.
(v) Perform the function of or convey the impression that the person is an interpreter.
(b) On or after July 1, 2010, no person shall provide interpreting services and/or represent himself or herself as an interpreter for deaf or hard of hearing consumers for compensation unless such person is registered with the registering authority according to the provisions of this section. To register as an interpreter, one must satisfy one (1) of the following requirements: (i) hold certification recognized by the National Association of the Deaf or the Registry of Interpreters for the Deaf, (ii) hold a quality assurance screening level that is accepted by the registering authority, or (iii) score 3.0 or higher on the EIPA.
(c) In situations where there is extreme hardship or where deaf and hard of hearing consumers would be left with no interpreting services, a provisional permit may be granted on an annual basis, provided that documentation of improved interpreting skills is shown.
(d) The registering authority shall be charged with the responsibility for keeping all records and verifying the accuracy of the credentials of each applicant.
(e) Registration shall be for a period of two (2) years, and is renewable.
(f) The following shall be exceptions to subsection (2)(a)(b)(c):
(i) A person may engage in the practice of interpreting for religious services without being registered under the provisions of this section.
(ii) Students enrolled in an approved Interpreter Training Program (ITP) are granted a student level registration provided the ITP has an instructor who also is registered under the provisions of this section and the student pays the appropriate fees.
(iii) A graduate of an approved Interpreter Training Program (ITP) can continue to utilize their student level for two (2) years without registering provided they are supervised by an interpreter who is registered under the provisions of this section and the graduate pays the appropriate fees.
(g) The registering authority shall establish an Advisory Council to assist in writing the rules and setting the fees for registering. The Advisory Council shall have three (3) members. One (1) member shall be a deaf consumer; one (1) member shall be a registered interpreter who is actively engaged in the interpreting business; and one (1) member shall be at large. The Advisory Council may ask additional persons who are knowledgeable about the process and business of interpreting to assist them with the business of the council as needed.
(3) The deaf, hard of hearing, or deafblind consumer(s) and the hearing person(s) who employ, contract or otherwise engage the services of an interpreter are the principal parties in the interpreted communication or conversation, and as such hold exclusive rights to any information conveyed therein. Interpreters may not disclose or be compelled to disclose, through reporting or testimony or by subpoena, the contents of the conversations, except an interpreter working in conjunction with and paid by a state agency, private organization or primary or secondary school for the therapeutic, educational or rehabilitation purposes. This communication remains confidential, but may be shared with the appropriate agency or educational staff working to assist the deaf, hard of hearing or deafblind person.
(4) The registering authority shall develop forms and assist in referring grievances to the appropriate professional organization and/or authorities.
(5) The registering authority shall have oversight authority regarding in-state quality assurance evaluations to ensure that proper assessment tools, methods and procedures are followed and that evaluators are trained and qualified, as well as the authority to employ personnel as necessary to carry out the provisions of this section.
(6) Whoever is in violation of subsection (2) or (3) is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than Two Hundred Dollars ($200.00) nor more than One Thousand Dollars ($1,000.00), and may be imprisoned for not more than six (6) months.
(7) Mississippi shall recognize interpreters who are licensed and/or certified in other states with equal or higher certification than the interpreting levels prescribed by the rules and regulations incumbent in this section. A nonresident interpreter may work up to fifteen (15) days per year without seeking a valid permit from the registering authority. The person who utilizes a nonresident interpreter is charged with the responsibility of verifying the credentials and type of interpreting the interpreter is qualified to do. If a nonresident interpreter works more than fifteen (15) calendar days per year in the State of Mississippi for compensation or other remuneration, the interpreter must become registered under the provisions of this section and pay the appropriate fees.
(8) The registering authority shall establish fair and equitable rules and a fee schedule, not to exceed One Hundred Dollars ($100.00) per annual registration, to cover the cost of administering this section. The rules and fee schedule will be published for the general public.
SECTION 55. Section 37-33-201, Mississippi Code of 1972, is amended as follows:
37-33-201. All powers,
duties and functions of the Department of Medicaid and Human Services * * * that are being
exercised or performed by the Division of Rehabilitation Services and the
Division of Vocational Rehabilitation for the Blind of the Department of Human
Services on June 30, 1991, are transferred to the * * * Division of
Rehabilitation Services * * *and the State Board of Rehabilitation Services of the
Department of Medicaid and Human Services on July 1, * * * 2016. All records, property and
contractual rights and obligations of, and unexpended balances of
appropriations and any other allocations to, the Department of Human Services
and the Board of Human Services that relate to the powers, duties and functions
exercised or performed by the Division of Rehabilitation Services and the
Division of Vocational Rehabilitation for the Blind of the Department of Human
Services on June 30, * * *
2016, shall be transferred to the * * * Division of
Rehabilitation Services * * *and the State Board of Rehabilitation Services of the
Department of Medicaid and Human Services on or before July 1, * * * 2016. The State Fiscal Officer
shall transfer to the State Department of Rehabilitation Services all funds
that are allocated to the Division of Rehabilitation Services and the Division
of Vocational Rehabilitation for the Blind of the Department of Human Services
in House Bill 1536, 1991 Regular Session, [Laws, 1991, Chapter 47] and such funds
shall be used by the State Department of Rehabilitation Services during fiscal
year 1992 under the same terms and conditions as specified for those funds in
House Bill 1536, 1991 Regular Session [Laws, 1991, Chapter 47]. Any positions
of the former State Department of Rehabilitation Services and the former
Rehabilitation Agency for the Blind that were transferred to the Department of
Human Services on July 1, 1989, whose duties primarily involved the providing
of rehabilitation services or the providing of related administrative or
support services shall be transferred to the * * * Division of
Rehabilitation Services of the Department of Medicaid and Human Services
on July 1, * * *
2016, at a level commensurate with the level of each respective position
on June 30, * * *
2016. The Department of * * *
Rehabilitation Services shall assist the * * * Division of
Rehabilitation Services of the Department of Medicaid and Human Services
with the greatest degree of cooperation to carry out the intent and purpose of
this act * * * to accomplish an orderly transition. * * *
SECTION 56. Section 37-33-205, Mississippi Code of 1972, is amended as follows:
37-33-205.
(a) "Department" or "agency" means the * * * Division of
Rehabilitation Services * * *;
* * *
( * * *b) " * * * Director" means the * * * Director of the * * * Division of
Rehabilitation Services;
( * * *c) "Independent living
services" includes, but is not limited to, the following services in
accordance with definitions in the most current amendment of the Rehabilitation
Act: (i) information and referral services, independent living skills
training, peer counseling including cross-disability peer counseling, and
individual and systems advocacy; (ii) counseling services, including
psychological, psychotherapeutic and related services; (iii) services related
to securing housing or shelter, including services related to community group
living, and supportive of the purposes of the Rehabilitation Act and of the
titles of the Rehabilitation Act, and adaptive housing services (including
appropriate accommodations to and modifications of any space used to serve, or
occupied by, individuals with disabilities); (iv) rehabilitation technology;
(v) mobility training; (vi) services and training for individuals with
cognitive and sensory disabilities, including life skills training, and
interpreter and reader services; (vii) personal assistance services, including
attendant care and the training of personnel providing such services; (viii)
surveys, directories, and other activities to identify appropriate housing,
recreation opportunities, and accessible transportation and other support
services; (ix) consumer information programs on rehabilitation and independent
living services available under the Rehabilitation Act, especially for
minorities and other individuals with disabilities who have traditionally been
unserved or underserved by programs under the Rehabilitation Act; (x) education
and training necessary for living in a community and participating in community
activities; (xi) supported living; (xii) transportation, including referral and
assistance for that transportation and training in the use of public
transportation vehicles and systems; (xiii) physical rehabilitation; (xiv)
therapeutic treatment; (xv) provision of needed prostheses and other appliances
and devices; (xvi) individual and group social and recreational services;
(xvii) training to develop skills specifically designed for youths who are
individuals with disabilities to promote self-awareness and esteem, develop
advocacy and self-empowerment skills, and explore career options; (xviii)
services for children; (xix) services under other federal, state or local
programs designed to provide resources, training, counseling or other
assistance, of substantial benefit in enhancing the independence, productivity
and quality of life of individuals with disabilities; (xx) appropriate
preventive services to decrease the need of individuals assisted under the
Rehabilitation Act for similar services in the future; (xxi) community
awareness programs to enhance the understanding and integration into society of
individuals with disabilities; and (xxii) such other services as may be
necessary and not inconsistent with the provisions of the most current
amendment of the Rehabilitation Act;
( * * *d) "Special disability
services" includes, but not be limited to those services otherwise
provided as independent living services;
( * * *e) "Office" means the Office
of Special Disability Programs;
( * * *f) "Regulations" means
regulations * * * of the Director of Rehabilitation Services of the
Department of Medicaid and Human Services pertaining to special disability
services;
( * * *g) "Rehabilitation
engineering" means the systematic application of technologies, engineering
methodologies, or scientific principles to meet the needs of and address the
barriers confronted by individuals with disabilities in areas that include
education, rehabilitation, employment, transportation, independent living and
recreation;
( * * *h) "Rehabilitation engineering
services" means applying engineering principles to the design,
modification, customization and/or fabrication of assistive technology for
individuals with disabilities. An assistive technology device is any item,
piece of equipment or product system, whether acquired commercially off the
shelf, modified or customized, that is used to increase or improve functional
capabilities of individuals with disabilities. The areas of practice for
rehabilitation engineering typically encompasses job accommodations, computer access,
vehicle modifications, architectural modifications and home modifications,
augmentative/alternative communications, environmental controls, positioning
devices, seating and mobility, sensory aids and learning accommodations * * *.
* * *
SECTION 57. Section 37-33-207, Mississippi Code of 1972, is amended as follows:
37-33-207.
The Office of Special Disability Programs established by Section 37-33-153
shall be administered by a director appointed by the * * * Director * * *
of the Division of Rehabilitation Services of the Department of Medicaid and
Human Services. In carrying out his or her other duties under the Special
Disability Programs Law, the director:
(a)
Shall, with the approval of the * * * Director of the Division of
Rehabilitation Services, make regulations governing the protection of
records and confidential information, the manner and form of filing
applications, eligibility and investigations and determinations thereof for
rehabilitation services through special disability programs, procedures for
fair hearings and such other regulations as are found necessary to carry out
the purposes of that law;
(b) Shall, with the
approval of the * * * director, establish appropriate subordinate administrative
units within the office;
(c) Shall, with the
approval of the * * * director, recommend for appointment such personnel as may
be necessary for the efficient performance of the functions of the office;
(d) Shall prepare and
submit to * * * the * * * director * * * annual reports of activities and expenditures
and, before each regular session of the Legislature, shall submit estimates of
sums required for carrying out the Special Disability Programs Law and
estimates of the amounts to be made available for this purpose from all
sources;
(e) Shall, if the * * * director so authorizes, make
certifications on behalf of the * * * director for the disbursement of
funds available for rehabilitation services;
(f) Shall, with the
approval of the * * * director, appoint boards to serve as the governing
authority of centers for independent living or other entities as required by
federal law and regulations;
(g) Shall, with the
approval of the * * * director, take such other action as he or she deems
necessary or appropriate to carry out the purposes of the Special Disability
Programs Law;
(h) May, with the
approval of the * * * director, delegate to any officer or employee of the
office such of his or her powers and duties, except the making of regulations
and the making of recommendations for appointment of personnel, as he or she
finds necessary to carry out the purposes of the Special Disability Programs
Law.
SECTION 58. Section 37-33-213, Mississippi Code of 1972, is amended as follows:
37-33-213. The * * * Division of Rehabilitation
Services, through the office, shall cooperate, under agreements with the
federal government, in carrying out the purposes of any federal statutes
pertaining to special disability programs, and may adopt such methods of
administration as are found by the federal government to be necessary for the
proper and efficient operation of those agreements or plans for special
disability programs and comply with such conditions as may be necessary to
secure the full benefits of those federal statutes and appropriations,
administer any legislation under federal statutes and appropriations that is
enacted by the State of Mississippi, direct the disbursement and administer the
use of all funds provided by the federal government or this state for the
persons of this state, and do all things necessary to ensure the provision of
services to the person served by the special disability programs.
SECTION 59. Section 37-33-223, Mississippi Code of 1972, is amended as follows:
37-33-223. The * * * Division of Rehabilitation
Services shall promulgate rules and regulations necessary for the proper
administration of the Office of Special Disability Programs and shall establish
guidelines for eligibility, services, training and evaluation under the
program. The * * * Division of Rehabilitation Services may accept
funds from public and private sources for the implementation of Sections 37-33-203
through 37-33-223.
SECTION 60. Section 37-33-253, Mississippi Code of 1972, is amended as follows:
37-33-253. As used in this act:
(a)
"Department" means the * * * Department of Medicaid and Human
Services acting through the Division of Rehabilitation Services.
(b) "Rehabilitation center" means a facility which provides intermediate care and stresses rehabilitation for persons with spinal cord injuries or traumatic brain injuries.
(c) "Transitional living facility" means a facility which provides a temporary, structured residential environment for those individuals with spinal cord injuries or traumatic brain injuries in a training or educational program, in order to prepare such individuals to live independently.
(d) "Traumatic brain injury" means an insult to the skull, brain, or its covering, resulting from external trauma which produces an altered state of consciousness or anatomic, motor, sensory or cognitive/behavioral deficits.
(e) "Spinal cord injury" means an acute traumatic insult to the spinal cord, not of a degenerative or congenital nature, but caused by an external trauma resulting in any degree of motor or sensory deficit.
SECTION 61. Section 37-33-261, Mississippi Code of 1972, is amended as follows:
37-33-261. (1) Such
assessments as are collected under subsections (1) and (2) of Section 99-19-73,
shall be deposited in a special fund that is created in the State Treasury and
designated the Spinal Cord and Head Injury Trust Fund. Unexpended amounts
remaining in the Spinal Cord and Head Injury Trust Fund at the end of a fiscal
year shall not lapse into the State General Fund, and all interest received
from the investment of monies in the trust fund shall be credited to the trust
fund and shall not be deposited into the State General Fund. Monies deposited
in the fund shall be expended beginning in fiscal year 1997 by the * * * Division of Rehabilitation
Services as authorized and appropriated by the Legislature for the following
purposes:
Providing the cost of care
for spinal cord and traumatic brain injury as a payer of last resort to
residents of the State of Mississippi for a multilevel program of
rehabilitation as prescribed in Sections 37-33-251 through 37-33-259.
Authorization of expenditures for spinal cord injury care and traumatic brain
injury care from this trust fund shall be made only by the * * * Division of Rehabilitation
Services. Authorized expenditures shall include three (3) or more of the
following forms of assistance: acute care; rehabilitation; transitional
living; assistive technology services, devices and equipment; respite care;
transportation; housing; home modifications; and other services and/or
assistance as deemed appropriate by the advisory council for individuals with
spinal cord injuries or traumatic brain injuries to accomplish a successful re-entry
into the community. Such activities may also include expanding the public's
awareness of how spinal cord and traumatic brain injuries occur and how they
can be prevented and identifying advanced treatment and prevention techniques.
Other authorized expenditures may include costs associated with salary and
other support costs for personnel sufficient to carry out the program or to
subcontract all or part of the authorized services, and to pay the travel and
meeting expenses of the advisory council.
(2) The * * * division shall issue a report
to the Legislature and the Governor by January 1 of each year, summarizing the
activities supported by the trust fund.
SECTION 62. Section 25-9-127, Mississippi Code of 1972, is amended as follows:
25-9-127. (1) No employee of any department, agency or institution who is included under this chapter or hereafter included under its authority, and who is subject to the rules and regulations prescribed by the state personnel system, may be dismissed or otherwise adversely affected as to compensation or employment status except for inefficiency or other good cause, and after written notice and hearing within the department, agency or institution as shall be specified in the rules and regulations of the State Personnel Board complying with due process of law; and any employee who has by written notice of dismissal or action adversely affecting his compensation or employment status shall, on hearing and on any appeal of any decision made in such action, be required to furnish evidence that the reasons stated in the notice of dismissal or action adversely affecting his compensation or employment status are not true or are not sufficient grounds for the action taken; provided, however, that this provision shall not apply (a) to persons separated from any department, agency or institution due to curtailment of funds or reduction in staff when such separation is in accordance with rules and regulations of the state personnel system; (b) during the probationary period of state service of twelve (12) months; and (c) to an executive officer of any state agency who serves at the will and pleasure of the Governor, board, commission or other appointing authority.
(2) The operation of a state-owned motor vehicle without a valid Mississippi driver's license by an employee of any department, agency or institution that is included under this chapter and that is subject to the rules and regulations of the state personnel system shall constitute good cause for dismissal of such person from employment.
(3) Beginning July 1, 1999, every male between the ages of eighteen (18) and twenty-six (26) who is required to register under the federal Military Selective Service Act, 50 USCS App. 453, and who is an employee of the state shall not be promoted to any higher position of employment with the state until he submits to the person, commission, board or agency by which he is employed satisfactory documentation of his compliance with the draft registration requirements of the Military Selective Service Act. The documentation shall include a signed affirmation under penalty of perjury that the male employee has complied with the requirements of the Military Selective Service Act.
(4) For a period of two (2) years beginning July 1, 2014, the provisions of subsection (1) shall not apply to the personnel actions of the State Department of Education that are subject to the rules and regulations of the State Personnel Board, and all employees of the department shall be classified as nonstate service during that period. However, any employee hired after July 1, 2014, by the department shall meet the criteria of the State Personnel Board as it presently exists for employment. The State Superintendent of Public Education and the State Board of Education shall consult with the Office of the Attorney General before taking personnel actions authorized by this section to review those actions for compliance with applicable state and federal law.
It is not the intention or effect of this section to include any school attendance officer in any exemption from coverage under the State Personnel Board policy or regulations, including, but not limited to, termination and conditions of employment.
(5) For a period of one (1) year beginning July 1, 2015, the provisions of subsection (1) shall not apply to the personnel actions of the Department of Corrections, and all employees of the department shall be classified as nonstate service during that period. However, any employee hired after July 1, 2015, by the department shall meet the criteria of the State Personnel Board as it presently exists for employment. The Commissioner of Corrections shall consult with the Office of the Attorney General before taking personnel actions authorized by this section to review those actions for compliance with applicable state and federal law.
(6) For a period of one (1) year beginning July 1, 2016, the provisions of subsection (1) of this section shall not apply to the personnel actions of the Department of Medicaid and Human Services established under this act, and all employees of the department shall be classified as nonstate service during that period. However, any employee hired after July 1, 2016, by the department shall meet the criteria of the State Personnel Board as it presently exists for employment. The Executive Director of the Department of Medicaid and Human Services shall consult with the Office of Attorney General before taking personnel actions authorized by this section to review those actions for compliance with applicable state and federal law. It is the intent of the Legislature that any personnel actions of the Executive Director of the Department of Medicaid and Human Services initiated as a result of the transfer of agencies into the newly established Department of Medicaid and Human Services shall be exempt from State Personnel Board rules, regulations and procedures in order to give the executive director flexibility in making an orderly, effective and timely reorganization of the programs of the Department of Medicaid and Human Services.
SECTION 63. This act shall take effect and be in force from and after July 1, 2016, and shall stand repealed after June 30, 2016.
