State Website Full Text (most recent version):
http://www.multistatetech.com/cgi/citesource?sctnys=MSSB20012009
Last Action:
02/12/2009 In Senate; Died On Calendar
Primary Synopsis:
AN ACT TO AMEND SECTION 43-13-117.1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DIVISION SHALL IMPLEMENT A “MONEY FOLLOWS THE PERSON” PROCESS BY WHICH FUNDING FOR NURSING FACILITY SERVICES FOR MEDICAID-ELIGIBLE BENEFICIARIES MAY BE USED TO PAY FOR HOME- AND COMMUNITY-BASED WAIVER SERVICES FOR THOSE NURSING FACILITY RESIDENTS WHO CHOOSE THOSE SERVICES; AND FOR RELATED PURPOSES.
Additional Bill Information:
January 6, 2009 Introduced Language-
SECTION 1. Section 43-13-117.1, Mississippi Code of 1972, is amended as follows:
43-13-117.1. (1) IT IS THE INTENT OF THE LEGISLATURE TO IMPLEMENT A “MONEY FOLLOWS THE PERSON” PROCESS BY WHICH A PORTION OF THE MONEY USED TO COVER THE COST OF NURSING FACILITY SERVICES FOR MEDICAID-ELIGIBLE BENEFICIARIES MAY BE TRANSFERRED TO FUND HOME- AND COMMUNITY-BASED WAIVER SERVICES THROUGH THE ELDERLY AND DISABLED WAIVER, AND THE ASSISTED LIVING WAIVER, ADMINISTERED BY THE DIVISION OF MEDICAID, AND THE INDEPENDENT LIVING WAIVER AND THE TRAUMATIC BRAIN INJURY/SPINAL CORD INJURY WAIVER, ADMINISTERED BY THE DEPARTMENT OF REHABILITATION SERVICES.
(2) NOTWITHSTANDING ANY OTHER STATE LAW, the Executive Director of the Division of Medicaid is authorized to transfer funds allocated for nursing facility services for MEDICAID- eligible NURSING FACILITY residents to cover the cost of HOME- AND COMMUNITY-BASED WAIVER services IF THE NURSING FACILITY RESIDENT MEETS THE ELIGIBILITY CRITERIA FOR EITHER the Independent Living Waiver, the Traumatic Brain Injury/Spinal Cord Injury Waiver, the Elderly and Disabled Waiver OR the Assisted Living Waiver AND THE RESIDENT CHOOSES TO RECEIVE those * * * services. * * *
(3) THE AUTHORITY OF THE EXECUTIVE DIRECTOR OF THE DIVISION TO TRANSFER FUNDS FROM NURSING FACILITY SERVICES SHALL APPLY TO HOME- AND COMMUNITY-BASED WAIVER PROGRAMS ADMINISTERED BY THE DIVISION, THE DEPARTMENT OF REHABILITATION SERVICES AND THE DEPARTMENT OF MENTAL HEALTH.
(4) UNDER THE “MONEY FOLLOWS THE PERSON” PROCESS, THE EXECUTIVE DIRECTOR OF THE DIVISION SHALL TRANSFER FUNDS TO THE APPROPRIATE HOME- AND COMMUNITY-BASED WAIVER PROGRAM ADMINISTERING AGENCY TO COVER THE COST OF SERVICES PROVIDED THROUGH THE ELDERLY AND DISABLED WAIVER, THE INDEPENDENT LIVING WAIVER, THE ASSISTED LIVING WAIVER, AND THE TRAUMATIC BRAIN INJURY/SPINAL CORD INJURY WAIVER PROGRAMS FOR MEDICAID-ELIGIBLE NURSING FACILITY RESIDENTS WHO CHOOSE TO LEAVE THE NURSING FACILITY AND RECEIVE HOME- AND COMMUNITY-BASED WAIVER SERVICES. THE EXECUTIVE DIRECTOR OF THE DIVISION SHALL ENSURE THAT THE AMOUNT TRANSFERRED UNDER THIS SECTION IS REDIRECTED TO THE APPROPRIATE HOME- AND COMMUNITY-BASED WAIVER PROGRAM IN AN AMOUNT SUFFICIENT TO PROVIDE WAIVER SERVICES TO EACH NURSING FACILITY RESIDENT UPON HIS OR HER DISCHARGE FROM THE NURSING FACILITY. THE EXECUTIVE DIRECTOR SHALL PREPARE A MONTHLY REPORT ON THE PRE-ADMISSION SCREENING (PAS) PROCESS THAT SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING INFORMATION:
(A) THE NUMBER OF INDIVIDUALS FOR WHOM AN INITIAL PAS IS COMPLETED AND SUBMITTED TO THE DIVISION, BROKEN DOWN BY THE TYPE OF SCREENER, INCLUDING NURSING FACILITY (NF) PERSONNEL, HOSPITAL PERSONNEL, PLANNING AND DEVELOPMENT (PDD) STAFF OR CONTRACTED ENTITIES, DEPARTMENT OF REHABILITATION SERVICES (DRS) STAFF, DIVISION STAFF OR OTHER CONTRACTED ENTITIES, AND THE PLACE THE SCREENING OCCURRED INCLUDING HOME, HOSPITAL AND NF;
(B) THE NUMBER OF MEDICAID-ELIGIBLE INDIVIDUALS OR THOSE WHO ARE SEEKING MEDICAID ELIGIBILITY WHO ARE ADMITTED TO NFS;
(C) THE NUMBER OF MEDICAID-ELIGIBLE INDIVIDUALS OR THOSE WHO ARE SEEKING MEDICAID ELIGIBILITY WHOSE PAS ASSESSMENT IS COMPLETED BY NF STAFF FOLLOWING ADMISSION TO THE NF;
(D) THE NUMBER OF MEDICAID-ELIGIBLE INDIVIDUALS OR THOSE WHO ARE SEEKING MEDICAID ELIGIBILITY WHOSE PAS ASSESSMENT IS COMPLETED BY HOSPITAL STAFF;
(E) OF THE TOTAL NUMBER OF INDIVIDUALS IN PARAGRAPH (A), THE NUMBER WHO WERE FOUND ELIGIBLE FOR NF CARE;
(F) OF THE TOTAL NUMBER OF INDIVIDUALS IN PARAGRAPH (A), THE NUMBER WHO WERE FOUND ELIGIBLE FOR HOME- AND COMMUNITY- BASED WAIVER (HCBW) SERVICES; AND
(G) THE NUMBER OF HCBW PARTICIPANTS WHO WERE FOUND INELIGIBLE FOR HCBW SERVICES FOLLOWING COMPLETION OF A REEVALUATION USING THE PAS PROCESS.
(5) THE NUMBER OF NURSING FACILITY RESIDENTS WHO RECEIVE HOME- AND COMMUNITY-BASED WAIVER SERVICES THROUGH THE “MONEY FOLLOWS THE PERSON” PROCESS SHALL NOT COUNT AGAINST THE TOTAL NUMBER OF INDIVIDUALS PREVIOUSLY APPROVED BY THE CENTERS FOR MEDICARE AND MEDICAID SERVICES (CMS) TO RECEIVE HOME- AND COMMUNITY-BASED SERVICES THROUGH THE ELDERLY AND DISABLED WAIVER, THE INDEPENDENT LIVING WAIVER, THE ASSISTED LIVING WAIVER, OR THE TRAUMATIC BRAIN INJURY/SPINAL CORD INJURY WAIVER PROGRAMS. IN ADDITION, THE NUMBER OF NURSING FACILITY RESIDENTS WHO RECEIVE SERVICES AS A RESULT OF THE “MONEY FOLLOWS THE PERSON” PROCESS SHALL NOT COUNT AGAINST ANY ADDITIONAL SLOTS APPROVED BY CMS AND AUTHORIZED BY THE STATE AS A RESULT OF PRIOR LITIGATION SETTLEMENTS REACHED BY THE STATE. INSTEAD, THE DIVISION SHALL REQUEST CMS TO AMEND THE ELDERLY AND DISABLED WAIVER, THE INDEPENDENT LIVING WAIVER, THE ASSISTED LIVING WAIVER, AND THE TRAUMATIC BRAIN INJURY/SPINAL CORD INJURY WAIVER, AS NECESSARY, TO OBTAIN AUTHORIZATION FROM CMS TO SPECIFICALLY SERVE THIS GROUP OF FORMER NURSING FACILITY RESIDENTS THROUGH THE “MONEY FOLLOWS THE PERSON” PROCESS.
(6) RULES AND REGULATIONS PERTAINING TO THE IMPLEMENTATION OF THE PROCESS SHALL BE WRITTEN AND PROMULGATED BY THE DIVISION NO LATER THAN FEBRUARY 1, 2010. TWO (2) MONTHS BEFORE IMPLEMENTATION OF THE “MONEY FOLLOWS THE PERSON” PROCESS, THE EXECUTIVE DIRECTOR OF THE DIVISION SHALL SEND A LETTER TO ALL MEDICAID-ELIGIBLE NURSING FACILITY RESIDENTS INFORMING THEM OF THE OPTION TO OBTAIN HOME- AND COMMUNITY-BASED WAIVER SERVICES THROUGH THIS PROCESS AND PROVIDING THEM WITH CONTACT INFORMATION FOR APPLYING FOR HOME- AND COMMUNITY-BASED WAIVER SERVICES.
(7) CONSISTENT WITH FEDERAL REQUIREMENTS, THE DIVISION SHALL ASSURE THAT NECESSARY SAFEGUARDS ARE TAKEN TO PROTECT THE HEALTH AND SAFETY OF NURSING FACILITY RESIDENTS WHO CHOOSE TO RECEIVE HOME- AND COMMUNITY-BASED WAIVER SERVICES THROUGH THE “MONEY FOLLOWS THE PERSON” PROCESS. THIS ASSURANCE MUST INCLUDE A FORMAL SYSTEM BY WHICH:
(A) THE DIVISION OR ITS DESIGNEE MONITORS THAT ALL PROVIDER STANDARDS AND HEALTH AND WELFARE PROTECTIONS ARE CONTINUOUSLY MET; AND
(B) PLANS OF CARE FOR WAIVER PARTICIPANTS ARE PERIODICALLY REVIEWED TO ENSURE THAT THE SERVICES FURNISHED ARE CONSISTENT WITH THE IDENTIFIED NEEDS OF WAIVER PARTICIPANTS; AND
(C) ALL DEFICIENCIES IDENTIFIED THROUGH THIS QUALITY MONITORING SYSTEM ARE ADDRESSED IN AN APPROPRIATE AND TIMELY MANNER, CONSISTENT WITH THE SEVERITY AND NATURE OF THE DEFICIENCIES.
(8) THERE SHALL BE A MONEY FOLLOWS THE PERSON (MFP) ADVISORY COMMITTEE TO MAKE RECOMMENDATIONS AND ADVISE THE DIVISION WITH REGARD TO THE PROCESS MANDATED IN THIS SECTION, BY WHICH FUNDING FOR NURSING FACILITY SERVICES FOR MEDICAID-ELIGIBLE BENEFICIARIES MAY BE USED TO PAY FOR HOME- AND COMMUNITY-BASED WAIVER SERVICES FOR THOSE NURSING FACILITY RESIDENTS WHO CHOOSE TO RECEIVE THOSE SERVICES. THE COMMITTEE SHALL BE COMPOSED OF THE FOLLOWING INDIVIDUALS: …
Status:
01/06/2009 In Senate; Referred To Public Health and Welfare;Appropriations
01/28/2009 In Senate; Double referred – Title Sufficient Do Pass CS: PH To AP
02/03/2009 In Senate; Double referred – Title Sufficient Do Pass CS: AP To PH; Title Suff Do Pass Comm Sub
02/12/2009 In Senate; Died On Calendar
Sponsor Information:
Terry C. Burton (R – Minority);
Committees: Senate Public Health and Welfare; Senate Judiciary, Division B; Senate Housing; Senate Appropriations; Senate Judiciary, Division A; Senate Elections (Chair); Senate Legislative Budget Committee; Senate Public Utilities; Senate Public Property (Vice-Chair); Senate Education; Serving Since 1992
Sponsor:
Burton
