MISSISSIPPI LEGISLATURE
2021 Regular Session
To: Public Health and Human Services; Appropriations
By: Representative Bain
AN ACT TO ESTABLISH THE MISSISSIPPI DEMENTIA CARE PROGRAM WITHIN THE DEPARTMENT OF HUMAN SERVICES AS A PILOT PROGRAM FOR THE PURPOSE OF PROVIDING SUPPORT SERVICES TO INFORMAL CAREGIVERS OF AND PERSONS WITH ALZHEIMER'S DISEASE OR RELATED DEMENTIA; TO PROVIDE THAT THE DEPARTMENT OF HUMAN SERVICES SHALL ADMINISTER THE PROGRAM; TO PRESCRIBE THE SERVICES TO BE OFFERED THROUGH THE PROGRAM; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. This act shall be known and may be cited as the "Jimmy Kaigler Alzheimer's Support Act." James Street "Jimmy" Kaigler was born and raised in Clarksdale, Mississippi, and was a graduate of the University of Mississippi. Kaigler served as a Captain in the United States Air Force from 1966 to 1972. Following his tour in Vietnam, Captain Kaigler was awarded the Bronze Star for meritorious service. Kaigler later worked as President and CEO of Memorial Hospital in Gulfport. This act shall serve as testament to Captain Kaigler's life as well as a tribute to the loving care provided by his wife and family.
SECTION 2. (1) The Legislature finds that:
(a) Families caring for a loved one with Alzheimer's disease or a related dementia at home are often burdened with excessive financial or personal costs of providing continuous care;
(b) Medicare does not pay for long-term care or provide support to family caregivers;
(c) Long-term care insurance is costly and may not be affordable to low and middle income families and may not cover essential services for the length of time needed for an Alzheimer's patient; and
(d) Providing respite and other care services to those with Alzheimer's may delay or supplant the need for transfer to a long-term skilled nursing facility, allowing for the individual with Alzheimer's to remain in his home environment.
SECTION 3. As used in this act, the following terms shall be defined as provided in this section:
(a) "Alzheimer's disease or related dementia" means the diseases and conditions characterized by a decline in memory, language, problem-solving and other thinking skills that affect a person's ability to perform everyday activities.
(b) "Mississippi Dementia Care Program" means the Alzheimer's or related dementia pilot program created in this act.
(c) "Executive director" means the Executive Director of the Department of Human Services.
(d) "Informal caregiver" means any spouse, adult child, relative or friend who provides unpaid assistance to an individual living in the community who suffers from Alzheimer's or other related dementia.
(e) "Home- and community-based services" means services supporting personal hygiene, toileting, dressing, maintaining personal appearance, meal delivery and homemaker services.
(f) "Respite care" means temporary, substitute support or living arrangements to provide a brief period of relief or rest for informal caregivers. Respite care may include in-home care by appropriately trained individuals, or care in an adult day care or assisted living or nursing home setting, for an intermittent, occasional or emergency basis.
SECTION 4. (1) There is established within the Department of Human Services a pilot program known as the "Mississippi Dementia Care Program" for the purpose of providing support services to informal caregivers of and persons with Alzheimer's disease or related dementia. The pilot program shall provide home- and community-based services including, but not limited to, respite care services, personal care services, homemaker services and home-delivered meals. The pilot program shall use the Mississippi Family Caregiver Support Program within the Department of Human Services as the infrastructure to carry out the operations of the program.
(2) The Mississippi Dementia Care Program shall:
(a) Be operated for a period of three (3) consecutive years beginning on July 1, 2022, and continuing through July 1, 2025;
(b) Begin enrolling participating individuals immediately upon beginning of the program; and
(c) Actively serve a minimum of one hundred fifty (150) enrollees for the first year of operation, and maintain this minimum of one hundred fifty (150) enrollees for the second and third year of operation.
(3) The Mississippi Dementia Care Program shall be composed of two (2) tiers based on a sliding fee scale, and shall exclude any individual living with Alzheimer's or related dementia who is eligible for Medicaid long-term services and support. Tier 1 of the program shall be designed to provide services to those applicants with an income level that does not permit personal financing of caregiver services. Tier 2 of the program shall be designed to provide services to those applicants with an income level that allows for cost sharing of services between the applicant and the program.
(4) The Department of Human Services may promulgate rules and regulations to effectuate the purposes of this act.
(5) The executive director shall submit a report to the Legislature on or before January 1, 2023, and on or before January 1st of each year thereafter until the end of the pilot program period. The report shall include, but is not limited to, the following information:
(a) Total spent on program funding;
(b) The amount of administrative costs to operate the program;
(c) The number of individuals and informal caregivers served by the program;
(d) The income ranges of the individuals and informal caregivers participating in this program; and
(e) The efficacy of the assistance program.
(6) This section does not create an entitlement to services through the provisions of this program, and the services provided and the number of individuals served are subject to appropriations made for that purpose.
SECTION 5. This act shall take effect and be in force from and after July 1, 2021.