MISSISSIPPI LEGISLATURE

2023 Regular Session

To: Appropriations

By: Representatives Hines, Bailey, Harness, Osborne, Paden, Johnson, Hulum, Anderson (110th), Banks, Bell (65th), Blackmon, Brown (70th), Clark, Clarke, Crudup, Denton, Faulkner, Gibbs, Holloway, McCray, Miles, Porter, Rosebud, Sanders, Straughter, Summers, Taylor, Thompson, Walker, Watson, Young

House Bill 524

AN ACT MAKING AN APPROPRIATION FROM SEVERAL SPECIAL FUNDS TO THE DEPARTMENT OF FINANCE AND ADMINISTRATION FOR THE PURPOSE OF MAKING GRANTS UNDER THE MISSISSIPPI HOSPITAL RECOVERY TRUST PROGRAM CREATED BY HOUSE BILL NO.    , 2023 REGULAR SESSION, FOR THE PERIOD BEGINNING UPON THE PASSAGE OF THIS ACT AND ENDING JUNE 30, 2024.

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

SECTION 1.  The following sum, or so much of it as may be necessary, is appropriated out of any money in the Health Care Expendable Fund not otherwise appropriated, to the Department of Finance and Administration for the purpose of making grants under the Mississippi Hospital Recovery Trust Program created by House Bill No.    , 2023 Regular Session, for the period beginning upon the passage of this act and ending June 30, 2024...........................................................

............................................... $ 13,000,000.00.

SECTION 2.  The following sum, or so much of it as may be necessary, is appropriated out of any money in the State BP Settlement Fund not otherwise appropriated, to the Department of Finance and Administration for the purpose of making grants under the Mississippi Hospital Recovery Trust Program created by House Bill No.    , 2023 Regular Session, for the period beginning upon the passage of this act and ending June 30, 2024...........................................................     ...............................................................     ...............................................................

................................................ $ 2,000,000.00.

SECTION 3.  The following sum, or so much of it as may be necessary, is appropriated out of any money in the Coronavirus State Fiscal Recovery Fund not otherwise appropriated, to the Department of Finance and Administration for the purpose of making grants under the Mississippi Hospital Recovery Trust Program created by House Bill No.    , 2023 Regular Session, for the period beginning upon the passage of this act and ending June 30, 2024....................... $ 135,000,000.00.

     SECTION 4.  (1)  As used in this section and Section 5 of this act, the term "department" means the Department of Finance and Administration.

     (2)  The department shall not disburse any funds appropriated under Section 3 of this act to any recipient without first:  (a) making an individualized determination that the expenditure sought is, in the department's independent judgment, for necessary expenditures eligible under Section 602 of the federal Social Security Act as added by Section 9901 of the federal American Rescue Plan Act of 2021 (ARPA) and its implementing guidelines, guidance, rules, regulations and/or other criteria, as may be amended or supplemented from time to time, by the United States Department of the Treasury; and (b) determining that the recipient has not received and will not receive reimbursement for the expense in question from any source of funds, including insurance proceeds, other than those funds provided under Section 602 of the federal Social Security Act as added by Section 9901 of ARPA.  In addition, the department shall ensure that all funds appropriated under this act are disbursed in compliance with the Single Audit Act (31 USC Sections 7501-7507) and the related provisions of the Uniform Guidance, 2 CFR Section 200.303 regarding internal controls, Sections 200.330 through 200.332 regarding sub-recipient monitoring and management, and subpart F regarding audit requirements.

     SECTION 5.  (1)  As a condition of receiving and expending the funds appropriated to the department under Section 3 of this act, the department shall certify to the Department of Finance and Administration that each expenditure of the funds appropriated to the department under Section 3 of this act complies with the guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies from the Coronavirus State Fiscal Recovery Fund established by ARPA.

     (2)  If the Office of Inspector General of the United States Department of the Treasury, or the Office of Inspector General of any other federal agency having oversight over the use of monies from the Coronavirus State Fiscal Recovery Fund established by ARPA (a) determines that the department or recipient has expended or otherwise used any of the funds appropriated to the department under Section 3 of this act for any purpose that is not in compliance with the guidelines, guidance, rules, regulations and/or other criteria, as may be amended from time to time, of the United States Department of the Treasury regarding the use of monies from the Coronavirus State Fiscal Recovery Fund established by ARPA, and (b) the State of Mississippi is required to repay the federal government for any of those funds that the Office of the Inspector General determined were expended or otherwise used improperly by the department or recipient, then the department or recipient that expended or otherwise used those funds improperly shall be required to pay the amount of those funds to the State of Mississippi for repayment to the federal government.

     SECTION 6.  The money appropriated by this act shall be paid by the State Treasurer out of any money in the State Treasury to the credit of the proper fund or funds as set forth in this act, upon warrants issued by the State Fiscal Officer; and the State Fiscal Officer shall issue his or her warrants upon requisitions signed by the proper person, officer or officers in the manner provided by law.

     SECTION 7.  This act shall take effect and be in force from and after its passage.