Bill Text: MS SB2381 | 2023 | Regular Session | Engrossed
Bill Title: Medicaid; authorize liquidated damages in requests for proposals, bring forward provision related to.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2023-02-28 - Died In Committee [SB2381 Detail]
Download: Mississippi-2023-SB2381-Engrossed.html
MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Medicaid; Judiciary, Division A
By: Senator(s) Wiggins
Senate Bill 2381
(As Passed the Senate)
AN ACT TO REQUIRE THE DIVISION OF MEDICAID TO FIX LIQUIDATED DAMAGES PROVISIONS TO BE PAID BY PERSONS OR ENTITIES WHO SUBMIT PROPOSALS OR QUALIFICATIONS AND CHALLENGE THE DIVISION'S NEGATIVE DECISION ON A REQUEST FOR PROPOSAL; TO BRING FORWARD SECTION 31-7-417, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Division of Medicaid shall fix, as liquidated damages, specific sums to be paid by persons or entities who submit proposals or qualifications and challenge the division's negative decision on a request for proposal. The division shall further provide that the person or entity will pay all costs, premiums for bonds, expenses, and fees in any action brought upon the division where the litigation is resolved in the division's favor. The liquidated damages provisions authorized in this section shall be valid and enforceable in the courts of law or equity of this state, and such clauses providing for liquidated damages shall be enforceable as such and shall not be regarded as penalties.
SECTION 2. Section 31-7-417, Mississippi Code of 1972, is brought forward as follows:
31-7-417. (1) Submitted proposals or qualifications shall be opened at the time designated for opening in the request for proposals or request for qualifications. Proposals or qualifications and modifications shall be date-stamped or time and date-stamped upon receipt and held in a secure place until the established due date. Electronic proposals or qualifications received will be stored in an electronic lockbox until the time designated for the opening of the proposal or qualification.
(2) As each proposal or qualification is submitted but before those proposals or qualifications are opened, the chief procurement officer shall designate a person to prepare a register of proposals or qualifications, which shall include the number of modifications received, if any, and a description sufficient to identify the supply, service, commodity or other item offered. The designated person shall assign each submitted proposal or qualification an identifying letter, number, or combination thereof, without revealing the name of the offerer who submitted each proposal or qualification to the chief procurement officer or any person named to the evaluation committee for that proposal or qualification. The designated person shall keep the names of the offerers and their identifying numbers or letters, or combination thereof, in a sealed envelope or other secure location until factors not requiring knowledge of the name of the offerer have been evaluated and scored. If the designated person reveals the names of the offerers and the corresponding identifying information before such time, the procurement process shall be terminated and the proposal or qualifications resolicited. The register of proposals or qualifications shall be made part of the report required under Section 31-7-423(1).
SECTION 3. This act shall take effect and be in force from and after July 1, 2023, and shall stand repealed on June 30, 2023.
