Bill Text: MS SB2667 | 2026 | Regular Session | Introduced
Bill Title: "Mississippi Veterans Mental Health and Addiction Therapy Quality of Care Act of 2026"; enact.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-02-03 - Died In Committee [SB2667 Detail]
Download: Mississippi-2026-SB2667-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Veterans and Military Affairs; Appropriations
By: Senator(s) Tate
Senate Bill 2667
AN ACT ENTITLED THE "MISSISSIPPI VETERANS MENTAL HEALTH AND ADDICTION THERAPY QUALITY OF CARE ACT OF 2026"; TO SET FORTH THE PURPOSE OF THE ACT; TO CREATE THE MISSISSIPPI VETERANS SUICIDE PREVENTION LIFELINE PROGRAM; TO DESCRIBE THE ACTIVITIES OF THE BOARD IN MAINTAINING THE PROGRAM; TO REQUIRE THE STATE VETERANS AFFAIRS BOARD TO CREATE A PLAN FOR IMPLEMENTATION AND MAINTENANCE OF THE PROGRAM; TO OUTLINE CRITERIA THE PLAN MUST MEET; TO REQUIRE THE BOARD TO COMPLETE THE PLAN AND MAKE IT PUBLICLY AVAILABLE BEFORE DECEMBER 1, 2026; TO REQUIRE THE BOARD TO PERIODICALLY UPDATE THE PLAN AND MAKE SUCH UPDATES PUBLICLY AVAILABLE; TO PROHIBIT UNETHICAL CONDUCT AND IMPROPER COLLECTION OF FEES RELATING TO ASSISTANCE OR REFERRALS IN VETERANS BENEFITS MATTERS; TO PROVIDE THAT ANY PERSON WHO RECEIVES COMPENSATION FOR ASSISTING AN INDIVIDUAL REGARDING ANY VETERANS BENEFITS IS HELD TO THE SAME ETHICAL STANDARD AS AN ATTORNEY; TO PROVIDE THAT A VIOLATION OF THIS ACT SHALL BE DEEMED A DECEPTIVE TRADE PRACTICE ACTIONABLE BY THE ATTORNEY GENERAL'S OFFICE OF CONSUMER PROTECTION; TO AMEND SECTIONS 75-24-5, 75-24-15 AND 35-3-21, MISSISSIPPI CODE OF 1972, IN CONFORMITY; TO CREATE NEW SECTION 43-17-41, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE DEPARTMENT OF HUMAN SERVICES SHALL SET ASIDE A CERTAIN AMOUNT OF THE MONIES RECEIVED BY THE STATE UNDER THE FEDERAL TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK GRANT DURING EACH FISCAL YEAR TO FUND GRANTS TO NONPROFIT ORGANIZATIONS SPECIFICALLY WORKING WITH MILITARY OR FIRST RESPONDER FAMILIES, OR BOTH, TO PROVIDE MARRIAGE COUNSELING, PREPARATION AND SUPPORT; TO AMEND SECTION 43-17-5, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISION; TO ENACT THE MISSISSIPPI VETERANS CLAIMS REPRESENTATION PROTECTION ACT; TO DEFINE TERMS; TO PROHIBIT UNACCREDITED REPRESENTATIVES FROM REPRESENTING, ADVISING OR ASSISTING VETERANS OR DEPENDENTS IN PREPARING OR FILING CLAIMS FOR VA BENEFITS; TO PROHIBIT UNACCREDITED REPRESENTATIVES FROM ADVERTISING OR HOLDING THEMSELVES OUT AS CAPABLE OF PROVIDING CERTAIN SERVICES; TO CREATE PENALTIES FOR VIOLATIONS OF THIS ACT; TO REQUIRE THE DEPARTMENT OF VETERANS AFFAIRS TO MAINTAIN A REGISTRY OF ACCREDITED VA CLAIMS REPRESENTATIVES AND PROVIDE PUBLIC NOTICE TO ASSIST VETERANS IN IDENTIFYING THE SAME; TO REQUIRE A STUDY ON THE QUALITY OF CARE DIFFERENCE BETWEEN MENTAL HEALTH AND ADDICTION THERAPY CARE PROVIDED BY HEALTH CARE PROVIDERS OF THE MISSISSIPPI DEPARTMENT OF VETERANS AFFAIRS COMPARED TO NONDEPARTMENT PROVIDERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) This act shall be known and may be cited as the "Mississippi Veterans Mental Health and Addiction Therapy Quality of Care Act of 2026."
(2) The purpose of this act is to coordinate the functions of key stakeholders in order to assess the mental health needs of military veterans and current members of the Mississippi National Guard and to implement a strategic plan addressing mental health issues and the prevention of suicide and improve veterans' access to community health care, as developed by the Mississippi Save Our Service Member Task Force established under House Bill No. 1268 (2025 Regular Session).
SECTION 2. (1) The State Veterans Affairs Board (board) shall maintain the Mississippi Veterans Suicide Prevention Lifeline program created herein.
(2) In maintaining the program, the activities of the board shall include:
(a) Working with and supporting crisis centers across the State for providing suicide prevention and mental health crisis intervention services for veterans, including appropriate follow-up services, to veterans seeking help at any time, day or night;
(b) Maintaining a suicide and mental health hotline for veterans to link callers to local emergency, mental health and social services resources. Such hotline shall be staffed by veterans trained to assist in mental health crises;
(c) Improving awareness of the program for suicide prevention and mental health crisis intervention services for veterans in Mississippi, including by conducting an awareness initiative on social media and online, as well as ongoing outreach to the public; and
(d) Improving the collection and analysis of demographic information, in a manner that protects personal privacy, consistent with applicable Federal and State privacy laws, in order to understand disparities in access to the program among veterans who are seeking help.
(3) (a) For the purpose of maintaining the suicide prevention hotline for veterans, the board shall develop and implement a plan to ensure the provision of high-quality services.
(b) The plan required by paragraph (a) of this subsection shall include the following:
(i) Program evaluation, including performance measures to assess progress toward the goals and objectives of the program and to improve the responsiveness and performance of the hotline.
(ii) Requirements that call-takers must meet to ensure that each telephone call and applicable other communication received by the hotline is answered in a timely manner by a veteran trained to assist other veterans in mental health crises, consistent with evidence-based guidance or other guidance or best practices, as appropriate. Such requirements shall be developed in conjunction with the Department of Health.
(c) Specific recommendations for implementing evidence-based practices, including with respect to follow-up conversations and communicating the availability of resources in the State for individuals in need.
(d) Criteria for carrying out periodic testing of the hotline during each fiscal year to identify and address any problems in a timely manner.
(4) The board shall complete development of the initial plan and make such plan publicly available not later than December 1, 2026, and update such plan and make the updated plan publicly available periodically thereafter.
SECTION 3. (1) For purposes of Section 4 of this act:
(a) "Compensation" means payment of any money, thing of value or financial benefit.
(b) "Veterans benefits matter" means the preparation, presentation or prosecution of any claim affecting any person who has filed or expressed an intent to file a claim for any benefit, program, service, commodity, function or status, to which entitlement is determined under the laws and regulations administered by the United States Department of Veterans Affairs, the United States Department of Defense, or the Mississippi State Veterans Affairs Board pertaining to veterans, their dependents or survivors, or any other individual eligible for such benefit, program, service, commodity, function or status.
(2) Except as permitted under federal law, no person shall receive compensation for preparing, presenting, prosecuting, advising, consulting or assisting any individual with regard to any veterans benefits matter before the United States Department of Veterans Affairs, the United States Department of Defense, or the Mississippi State Veterans Affairs Board.
(3) No person shall receive compensation for referring any individual to another person to prepare, present, prosecute, advise, consult or assist regarding any veterans benefits matter before the United States Department of Veterans Affairs, the United States Department of Defense, or the Mississippi State Veterans Affairs Board.
(4) Nothing in this section shall be construed to prohibit a division of fees between licensed attorneys that is otherwise proper under the Rules of Professional Conduct of The Mississippi Bar.
(5) A violation of this section shall be a deceptive trade practice under Section 75-24-5, Mississippi Code of 1972, actionable by the Mississippi Attorney General.
(6) Any person who receives compensation for preparing, presenting, prosecuting, advising, consulting or assisting an individual with regard to any veterans benefits matter before the United States Department of Veterans Affairs, the United States Department of Defense, or the Mississippi State Veterans Affairs Board shall be held to the same ethical standards as an attorney is held to in the Rules of Professional Conduct of The Mississippi Bar regarding the following areas:
(a) Advertising;
(b) Solicitation of new clients;
(c) Confidentiality;
(d) Duty of care;
(e) Duty of honesty; and
(f) Duty to zealously pursue what is in the best interest of the client.
(7) Any person preparing or assisting any individual with regard to any veteran's benefits shall comply with the provisions of Section 75-24-15(5) relating to claims filed on behalf of veterans.
SECTION 4. Section 75-24-5, Mississippi Code of 1972, is amended as follows:
75-24-5. (1) Unfair methods of competition affecting commerce and unfair or deceptive trade practices in or affecting commerce are prohibited. Action may be brought under Section 75-24-5(1) only under the provisions of Section 75-24-9.
(2) Without limiting the scope of subsection (1) of this section, the following unfair methods of competition and unfair or deceptive trade practices or acts in the conduct of any trade or commerce are hereby prohibited:
(a) Passing off goods or services as those of another;
(b) Misrepresentation of the source, sponsorship, approval, or certification of goods or services;
(c) Misrepresentation of affiliation, connection, or association with, or certification by another;
(d) Misrepresentation of designations of geographic origin in connection with goods or services;
(e) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that he does not have;
(f) Representing that goods are original or new if they are reconditioned, reclaimed, used, or secondhand;
(g) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;
(h) Disparaging the goods, services, or business of another by false or misleading representation of fact;
(i) Advertising goods or services with intent not to sell them as advertised;
(j) Advertising goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity;
(k) Misrepresentations of fact concerning the reasons for, existence of, or amounts of price reductions;
(l) Advertising by or on behalf of any licensed or regulated health care professional which does not specifically describe the license or qualifications of the licensed or regulated health care professional;
(m) Charging an increased premium for reinstating a motor vehicle insurance policy that was cancelled or suspended by the insured solely for the reason that he was transferred out of this state while serving in the United States Armed Forces or on active duty in the National Guard or United States Armed Forces Reserve. It is also an unfair practice for an insurer to charge an increased premium for a new motor vehicle insurance policy if the applicant for coverage or his covered dependents were previously insured with a different insurer and canceled that policy solely for the reason that he was transferred out of this state while serving in the United States Armed Forces or on active duty in the National Guard or United States Armed Forces Reserve. For purposes of determining premiums, an insurer shall consider such persons as having maintained continuous coverage. The provisions of this paragraph (m) shall apply only to such instances when the insured does not drive the vehicle during the period of cancellation or suspension of his policy;
(n) Violating the provisions of Section 75-24-8;
(o) Violating the provisions of Section 73-3-38;
(p) Violating any of
the provisions of Title 41, Chapter 149, Mississippi Code of 1972; * * *
(q) Violating any of
the provisions of Title 45, Chapter 38, Mississippi Code of 1972 * * *;
(r) Violating any of
the provisions of Title 41, Chapter 151, Mississippi Code of 1972 * * *; and
(s) Violating the provisions of this section relating to improper collection of fees in veterans assistance matters.
SECTION 5. Section 75-24-15, Mississippi Code of 1972, is amended as follows:
75-24-15. (1) In addition to all other statutory and common law rights, remedies and defenses, any person who purchases or leases goods or services primarily for personal, family or household purposes and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by the seller, lessor, manufacturer or producer of a method, act or practice prohibited by Section 75-24-5 may bring an action at law in the court having jurisdiction in the county in which the seller, lessor, manufacturer or producer resides, or has his or her principal place of business or, where the act or practice prohibited by Section 75-24-5 allegedly occurred, to recover such loss of money or damages for the loss of such property, or may assert, by way of setoff or counterclaim, the fact of such loss in a proceeding against him or her for the recovery of the purchase price or rental, or any portion thereof, of the goods or services.
(2) In any private action brought under this chapter, the plaintiff must have first made a reasonable attempt to resolve any claim through an informal dispute settlement program approved by the Attorney General.
(3) In any action or counterclaim under this section of this chapter, a prevailing defendant may recover in addition to any other relief that may be provided in this section costs and a reasonable attorney's fee, if in the opinion of the court, said action or counterclaim was frivolous or filed for the purpose of harassment or delay.
(4) Nothing in this chapter shall be construed to permit any class action or suit, but every private action must be maintained in the name of and for the sole use and benefit of the individual person.
(5) In any claim under this section filed on behalf of a veteran that charges the veteran a fee for the service shall include a form signed by the veteran acknowledging that "THE STATE OF MISSISSIPPI THROUGH THE MISSISSIPPI STATE VETERANS AFFAIRS BOARD OFFERS THE SAME OR SIMILAR SERVICE FREE OF CHARGE." The veteran must sign this form stating that he/she has read and understands it. The statement signed by the veteran shall be of a BOLD font at least one hundred twenty percent (120%) larger than the font of the claim document filed on behalf of the veteran. Any such claim shall also comply with the provisions of Section 2 of this act relating to claims filed on behalf of veterans.
SECTION 6. Section 35-3-21, Mississippi Code of 1972, is amended as follows:
35-3-21. In order to maintain offices and pay personnel for the purpose of assisting all residents of the State of Mississippi who served in the military or naval forces of the United States during any war, their relatives, beneficiaries or dependents, to receive from the United States any and all compensation, hospitalization, insurance or other aid or benefits to which they may be entitled under existing or hereafter enacted laws of the United States, the boards of supervisors in the various counties in the state are hereby authorized and empowered, in their discretion, to expend out of the general county fund, or special veterans' fund herein authorized to be set up, or from both of such funds, such monies necessary to defray the office operating expenses and salary of the county veteran service officers.
Two (2) or more counties may, upon resolution duly adopted by the board of supervisors of each of such counties, agree to establish one (1) veteran service office for all of such counties. When two (2) or more counties enter into such an agreement, each county shall pay such amount mutually agreed upon and duly adopted by resolution of the respective boards of supervisors.
County veteran service officers shall be (a) honorably discharged or honorably released veterans; (b) the surviving spouse or child of any such veteran, living or deceased; or (c) any person employed as a county veteran service officer in any county of this state on March 30, 1990. From and after July 1, 1990, county veteran service officers shall be certified by the Mississippi State Veterans Affairs Board which, among any other criteria it may establish, shall require such officers to (a) attend one (1) of the annual training programs provided for such officers by the Mississippi State Veterans Affairs Board, (b) successfully complete a written examination each year on the duties and responsibilities of and assistance available to such officers and veterans, (c) have certification and be accredited according to 38 CFR Section 14.629 administered by the Mississippi State Veterans Affairs Board, and (d) follow the rules and regulations promulgated by the Mississippi State Veterans Affairs Board. County veteran service officers who annually receive and complete such instruction in a manner satisfactory to the Veterans Affairs Board and in accordance with this section shall be certified by the board. No county veteran service officer shall be entitled to receive any compensation for his services, to which he is otherwise entitled by law, unless he is annually certified by the board. Persons who cannot meet the accreditation standards of hours worked for county veteran service officers may be certified by the Mississippi State Veterans Affairs Board as Veterans Resource Advisors and be entitled to receive any compensation for his services as authorized by law.
County veteran service officers may be employed, in the discretion of the boards of supervisors, either full time or part time.
County veteran service officers shall be authorized and empowered to act for a veteran under a written power of attorney authorized by the veteran for the purpose of assisting with claims, benefits, and appeals in an administrative hearing before the United States Department of Veterans Affairs and any of its boards or departments, and shall be immune from legal action only for such actions except in cases of abuse, fraud or breach of fiduciary duty. County veteran service officers are exempt from the provisions of Section 2 of this act relating to improper collection of fees in veterans benefits matters.
The boards of supervisors of the various counties are authorized and directed to provide necessary office space and communications connectivity for county veteran service officers.
The boards of supervisors of the various counties are further authorized and empowered to pay all necessary and actual expenses of county veteran service officers who attend a school of instruction within the State of Mississippi for such county veteran service officers.
It shall also be the duty of the boards of supervisors to aid the United States to defeat all unjust claims for aid or benefit therefrom.
Such expenditures may be made by the several counties acting alone, or in cooperation with other counties, and in cooperation with any federal or state agency carrying out such purposes.
In the event that the general revenues of the county levied under and within the limits of existing taxing statutes are not sufficient to pay the expenses authorized herein, the board of supervisors may, in its discretion, levy an additional tax not to exceed one (1) mill on all taxable property in the county to defray such expenses or any part thereof. Any tax levy made under authority of this chapter shall not be considered in refunding homestead exemption losses under Title 27, Chapter 33, Mississippi Code of 1972.
SECTION 7. The following shall be codified as Section 43-17-41, Mississippi Code of 1972:
43-17-41. (1) For purposes of this section, the following terms shall be defined as provided in this subsection:
(a) "Military" means the Armed Forces or Reserves of the United States, including the Army, Navy, Marine Corps, Coast Guard, Air Force, and the reserve components thereof, the National Guard of any state, the military reserves of any state, or the naval militia of any state.
(b) "First responder" means a:
(i) Firefighter;
(ii) Emergency medical technician;
(iii) Rescue squad member;
(iv) Law enforcement officer;
(v) Correctional officer; or
(vi) Sworn member of the State Fire Marshal's office.
(c) "Nonprofit organization" means an entity described in Section 501(c)(3) of the Internal Revenue Code.
(2) Of the monies received by the state under the federal Temporary Assistance for Needy Families Block Grant during each fiscal year, the State Department of Human Services shall, consistent with federal law and subject to appropriation by the Legislature, set aside a minimum of Ten Million Dollars ($10,000,000.00) of such monies to fund grants to nonprofit organizations specifically working with military or first responder families, or both, to provide marriage counseling, preparation and support. The State Department is authorized to implement policies to award such grants and is authorized to implement those policies by rules promulgated pursuant to Section 43-17-7 and Section 25-43-1.101 et seq.
(3) It is the intent of the Legislature that funding authorized under this section shall be used to supplement, not supplant, other sources of revenue previously or hereafter used for the purposes of this section.
SECTION 8. Section 43-17-5, Mississippi Code of 1972, is amended as follows:
43-17-5. (1) The amount of Temporary Assistance for Needy Families (TANF) benefits which may be granted for any dependent child and a needy caretaker relative shall be determined by the county department with due regard to the resources and necessary expenditures of the family and the conditions existing in each case, and in accordance with the rules and regulations made by the Department of Human Services which shall not be less than the Standard of Need in effect for 1988, and shall be sufficient when added to all other income (except that any income specified in the federal Social Security Act, as amended, may be disregarded) and support available to the child to provide such child with a reasonable subsistence compatible with decency and health. The first family member in the dependent child's budget may receive an amount not to exceed Two Hundred Dollars ($200.00) per month; the second family member in the dependent child's budget may receive an amount not to exceed Thirty-six Dollars ($36.00) per month; and each additional family member in the dependent child's budget an amount not to exceed Twenty-four Dollars ($24.00) per month. The maximum for any individual family member in the dependent child's budget may be exceeded for foster or medical care or in cases of children with an intellectual disability or a physical disability. TANF benefits granted shall be specifically limited only (a) to children existing or conceived at the time the caretaker relative initially applies and qualifies for such assistance, unless this limitation is specifically waived by the department, or (b) to a child born following a twelve-consecutive-month period of discontinued benefits by the caretaker relative.
(2) TANF benefits in Mississippi shall be provided to the recipient family by an online electronic benefits transfer system.
(3) The Department of Human Services shall deny TANF benefits to the following categories of individuals, except for individuals and families specifically exempt or excluded for good cause as allowed by federal statute or regulation:
(a) Families without a minor child residing with the custodial parent or other adult caretaker relative of the child;
(b) Families which include an adult who has received TANF assistance for sixty (60) months after the commencement of the Mississippi TANF program, whether or not such period of time is consecutive;
(c) Families not assigning to the state any rights a family member may have, on behalf of the family member or of any other person for whom the family member has applied for or is receiving such assistance, to support from any other person, as required by law;
(d) Families who fail to cooperate in establishing paternity or obtaining child support, as required by law;
(e) Any individual who has not attained eighteen (18) years of age, is not married to the head of household, has a minor child at least twelve (12) weeks of age in his or her care, and has not successfully completed a high school education or its equivalent, if such individual does not participate in educational activities directed toward the attainment of a high school diploma or its equivalent, or an alternative educational or training program approved by the department;
(f) Any individual who has not attained eighteen (18) years of age, is not married, has a minor child in his or her care, and does not reside in a place or residence maintained by a parent, legal guardian or other adult relative or the individual as such parent's, guardian's or adult relative's own home;
(g) Any minor child who has been, or is expected by a parent or other caretaker relative of the child to be, absent from the home for a period of more than thirty (30) days;
(h) Any individual who is a parent or other caretaker relative of a minor child who fails to notify the department of the absence of the minor child from the home for the thirty-day period specified in paragraph (g), by the end of the five-day period that begins with the date that it becomes clear to the individual that the minor child will be absent for the thirty-day period;
(i) Any individual who fails to comply with the provisions of the Employability Development Plan signed by the individual which prescribe those activities designed to help the individual become and remain employed, or to participate satisfactorily in the assigned work activity, as authorized under subsection (6)(c) and (d), or who does not engage in applicant job search activities within the thirty-day period for TANF application approval after receiving the advice and consultation of eligibility workers and/or caseworkers of the department providing a detailed description of available job search venues in the individual's county of residence or the surrounding counties;
(j) A parent or caretaker relative who has not engaged in an allowable work activity once the department determines the parent or caretaker relative is ready to engage in work, or once the parent or caretaker relative has received TANF assistance under the program for twenty-four (24) months, whether or not consecutive, whichever is earlier;
(k) Any individual who is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the jurisdiction from which the individual flees, for a crime, or an attempt to commit a crime, which is a felony under the laws of the place from which the individual flees, or who is violating a condition of probation or parole imposed under federal or state law;
(l) Aliens who are not qualified under federal law;
(m) For a period of ten (10) years following conviction, individuals convicted in federal or state court of having made a fraudulent statement or representation with respect to the individual's place of residence in order to receive TANF, food stamps or Supplemental Security Income (SSI) assistance under Title XVI or Title XIX simultaneously from two (2) or more states;
(n) Individuals who are recipients of federal Supplemental Security Income (SSI) assistance; and
(o) Individuals who are eighteen (18) years of age or older who are not in compliance with the drug testing and substance use disorder treatment requirements of Section 43-17-6.
(4) (a) Any person who is otherwise eligible for TANF benefits, including custodial and noncustodial parents, shall be required to attend school and meet the monthly attendance requirement as provided in this subsection if all of the following apply:
(i) The person is under age twenty (20);
(ii) The person has not graduated from a public or private high school or obtained a High School Equivalency Diploma equivalent;
(iii) The person is physically able to attend school and is not excused from attending school; and
(iv) If the person is a parent or caretaker relative with whom a dependent child is living, child care is available for the child.
The monthly attendance requirement under this subsection shall be attendance at the school in which the person is enrolled for each day during a month that the school conducts classes in which the person is enrolled, with not more than two (2) absences during the month for reasons other than the reasons listed in paragraph (e)(iv) of this subsection. Persons who fail to meet participation requirements in this subsection shall be subject to sanctions as provided in paragraph (f) of this subsection.
(b) As used in this subsection, "school" means any one (1) of the following:
(i) A school as defined in Section 37-13-91(2);
(ii) A vocational, technical and adult education program; or
(iii) A course of study meeting the standards established by the State Department of Education for the granting of a declaration of equivalency of high school graduation.
(c) If any compulsory-school-age child, as defined in Section 37-13-91(2), to which TANF eligibility requirements apply is not in compliance with the compulsory school attendance requirements of Section 37-13-91(6), the superintendent of schools of the school district in which the child is enrolled or eligible to attend shall notify the county department of human services of the child's noncompliance. The Department of Human Services shall review school attendance information as provided under this paragraph at all initial eligibility determinations and upon subsequent report of unsatisfactory attendance.
(d) The signature of a person on an application for TANF benefits constitutes permission for the release of school attendance records for that person or for any child residing with that person. The department shall request information from the child's school district about the child's attendance in the school district's most recently completed semester of attendance. If information about the child's previous school attendance is not available or cannot be verified, the department shall require the child to meet the monthly attendance requirement for one (1) semester or until the information is obtained. The department shall use the attendance information provided by a school district to verify attendance for a child. The department shall review with the parent or caretaker relative a child's claim that he or she has a good cause for not attending school.
A school district shall provide information to the department about the attendance of a child who is enrolled in a public school in the district within five (5) working days of the receipt of a written request for that information from the department. The school district shall define how many hours of attendance count as a full day and shall provide that information, upon request, to the department. In reporting attendance, the school district may add partial days' absence together to constitute a full day's absence.
If a school district fails to provide to the department the information about the school attendance of any child within fifteen (15) working days after a written request, the department shall notify the Department of Audit within three (3) working days of the school district's failure to comply with that requirement. The Department of Audit shall begin audit proceedings within five (5) working days of notification by the Department of Human Services to determine the school district's compliance with the requirements of this subsection (4). If the Department of Audit finds that the school district is not in compliance with the requirements of this subsection, the school district shall be penalized as follows: The Department of Audit shall notify the State Department of Education of the school district's noncompliance, and the Department of Education shall reduce the calculation of the school district's net enrollment that is used to determine the allocation of total funding formula funds by the number of children for which the district has failed to provide to the Department of Human Services the required information about the school attendance of those children. The reduction in the calculation of the school district's net enrollment under this paragraph shall be effective for a period of one (1) year.
(e) A child who is required to attend school to meet the requirements under this subsection shall comply except when there is good cause, which shall be demonstrated by any of the following circumstances:
(i) The minor parent is the caretaker of a child less than twelve (12) weeks old; or
(ii) The department determines that child care services are necessary for the minor parent to attend school and there is no child care available; or
(iii) The child is prohibited by the school district from attending school and an expulsion is pending. This exemption no longer applies once the teenager has been expelled; however, a teenager who has been expelled and is making satisfactory progress towards obtaining a High School Equivalency Diploma equivalent shall be eligible for TANF benefits; or
(iv) The child failed to attend school for one or more of the following reasons:
1. Illness, injury or incapacity of the child or the minor parent's child;
2. Court-required appearances or temporary incarceration;
3. Medical or dental appointments for the child or minor parent's child;
4. Death of a close relative;
5. Observance of a religious holiday;
6. Family emergency;
7. Breakdown in transportation;
8. Suspension; or
9. Any other circumstance beyond the control of the child, as defined in regulations of the department.
(f) Upon determination that a child has failed without good cause to attend school as required, the department shall provide written notice to the parent or caretaker relative (whoever is the primary recipient of the TANF benefits) that specifies:
(i) That the family will be sanctioned in the next possible payment month because the child who is required to attend school has failed to meet the attendance requirement of this subsection;
(ii) The beginning date of the sanction, and the child to whom the sanction applies;
(iii) The right of the child's parents or caretaker relative (whoever is the primary recipient of the TANF benefits) to request a fair hearing under this subsection.
The child's parent or caretaker relative (whoever is the primary recipient of the TANF benefits) may request a fair hearing on the department's determination that the child has not been attending school. If the child's parents or caretaker relative does not request a fair hearing under this subsection, or if, after a fair hearing has been held, the hearing officer finds that the child without good cause has failed to meet the monthly attendance requirement, the department shall discontinue or deny TANF benefits to the child thirteen (13) years old, or older, in the next possible payment month. The department shall discontinue or deny twenty-five percent (25%) of the family grant when a child six (6) through twelve (12) years of age without good cause has failed to meet the monthly attendance requirement. Both the child and family sanction may apply when children in both age groups fail to meet the attendance requirement without good cause. A sanction applied under this subsection shall be effective for one (1) month for each month that the child failed to meet the monthly attendance requirement. In the case of a dropout, the sanction shall remain in force until the parent or caretaker relative provides written proof from the school district that the child has reenrolled and met the monthly attendance requirement for one (1) calendar month. Any month in which school is in session for at least ten (10) days during the month may be used to meet the attendance requirement under this subsection. This includes attendance at summer school. The sanction shall be removed the next possible payment month.
(5) All parents or caretaker relatives shall have their dependent children receive vaccinations and booster vaccinations against those diseases specified by the State Health Officer under Section 41-23-37 in accordance with the vaccination and booster vaccination schedule prescribed by the State Health Officer for children of that age, in order for the parents or caretaker relatives to be eligible or remain eligible to receive TANF benefits. Proof of having received such vaccinations and booster vaccinations shall be given by presenting the certificates of vaccination issued by any health care provider licensed to administer vaccinations, and submitted on forms specified by the State Board of Health. If the parents without good cause do not have their dependent children receive the vaccinations and booster vaccinations as required by this subsection and they fail to comply after thirty (30) days' notice, the department shall sanction the family's TANF benefits by twenty-five percent (25%) for the next payment month and each subsequent payment month until the requirements of this subsection are met.
(6) (a) If the parent or caretaker relative applying for TANF assistance is work eligible, as determined by the Department of Human Services, the person shall be required to engage in an allowable work activity once the department determines the parent or caretaker relative is determined work eligible, or once the parent or caretaker relative has received TANF assistance under the program for twenty-four (24) months, whether or not consecutive, whichever is earlier. No TANF benefits shall be given to any person to whom this section applies who fails without good cause to comply with the Employability Development Plan prepared by the department for the person, or who has refused to accept a referral or offer of employment, training or education in which he or she is able to engage, subject to the penalties prescribed in paragraph (e) of this subsection. A person shall be deemed to have refused to accept a referral or offer of employment, training or education if he or she:
(i) Willfully fails to report for an interview with respect to employment when requested to do so by the department; or
(ii) Willfully fails to report to the department the result of a referral to employment; or
(iii) Willfully fails to report for allowable work activities as prescribed in paragraphs (c) and (d) of this subsection.
(b) The Department of Human Services shall operate a statewide work program for TANF recipients to provide work activities and supportive services to enable families to become self-sufficient and improve their competitive position in the workforce in accordance with the requirements of the federal Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193), as amended, and the regulations promulgated thereunder, and the Deficit Reduction Act of 2005 (Public Law 109-171), as amended. Within sixty (60) days after the initial application for TANF benefits, the TANF recipient must participate in a job search skills training workshop or a job readiness program, which shall include resume writing, job search skills, employability skills and, if available at no charge, the General Aptitude Test Battery or its equivalent. All adults who are not specifically exempt shall be referred by the department for allowable work activities. An adult may be exempt from the mandatory work activity requirement for the following reasons:
(i) Incapacity;
(ii) Temporary illness or injury, verified by physician's certificate;
(iii) Is in the third trimester of pregnancy, and there are complications verified by the certificate of a physician, nurse practitioner, physician assistant, or any other licensed health care professional practicing under a protocol with a licensed physician;
(iv) Caretaker of a child under twelve (12) months, for not more than twelve (12) months of the sixty-month maximum benefit period;
(v) Caretaker of an ill or incapacitated person, as verified by physician's certificate;
(vi) Age, if over sixty (60) or under eighteen (18) years of age;
(vii) Receiving treatment for substance abuse, if the person is in compliance with the substance abuse treatment plan;
(viii) In a two-parent family, the caretaker of a severely disabled child, as verified by a physician's certificate; or
(ix) History of having been a victim of domestic violence, which has been reported as required by state law and is substantiated by police reports or court records, and being at risk of further domestic violence, shall be exempt for a period as deemed necessary by the department but not to exceed a total of twelve (12) months, which need not be consecutive, in the sixty-month maximum benefit period. For the purposes of this subparagraph (ix), "domestic violence" means that an individual has been subjected to:
1. Physical acts that resulted in, or threatened to result in, physical injury to the individual;
2. Sexual abuse;
3. Sexual activity involving a dependent child;
4. Being forced as the caretaker relative of a dependent child to engage in nonconsensual sexual acts or activities;
5. Threats of, or attempts at, physical or sexual abuse;
6. Mental abuse; or
7. Neglect or deprivation of medical care.
(c) For all families, all adults who are not specifically exempt shall be required to participate in work activities for at least the minimum average number of hours per week specified by federal law or regulation, not fewer than twenty (20) hours per week (thirty-five (35) hours per week for two-parent families) of which are attributable to the following allowable work activities:
(i) Unsubsidized employment;
(ii) Subsidized private employment;
(iii) Subsidized public employment;
(iv) Work experience (including work associated with the refurbishing of publicly assisted housing), if sufficient private employment is not available;
(v) On-the-job training;
(vi) Job search and job readiness assistance consistent with federal TANF regulations;
(vii) Community service programs;
(viii) Vocational educational training (not to exceed twelve (12) months with respect to any individual);
(ix) The provision of child care services to an individual who is participating in a community service program;
(x) Satisfactory attendance at high school or in a course of study leading to a high school equivalency certificate, for heads of household under age twenty (20) who have not completed high school or received such certificate;
(xi) Education directly related to employment, for heads of household under age twenty (20) who have not completed high school or received such equivalency certificate.
(d) The following are allowable work activities which may be attributable to hours in excess of the minimum specified in paragraph (c) of this subsection:
(i) Job skills training directly related to employment;
(ii) Education directly related to employment for individuals who have not completed high school or received a high school equivalency certificate;
(iii) Satisfactory attendance at high school or in a course of study leading to a high school equivalency, for individuals who have not completed high school or received such equivalency certificate;
(iv) Job search and job readiness assistance consistent with federal TANF regulations.
(e) If any adult or caretaker relative refuses to participate in allowable work activity as required under this subsection (6), the following full family TANF benefit penalty will apply, subject to due process to include notification, conciliation and a hearing if requested by the recipient:
(i) For the first violation, the department shall terminate the TANF assistance otherwise payable to the family for a two-month period or until the person has complied with the required work activity, whichever is longer;
(ii) For the second violation, the department shall terminate the TANF assistance otherwise payable to the family for a six-month period or until the person has complied with the required work activity, whichever is longer;
(iii) For the third violation, the department shall terminate the TANF assistance otherwise payable to the family for a twelve-month period or until the person has complied with the required work activity, whichever is longer;
(iv) For the fourth violation, the person shall be permanently disqualified.
For a two-parent family, unless prohibited by state or federal law, Medicaid assistance shall be terminated only for the person whose failure to participate in allowable work activity caused the family's TANF assistance to be sanctioned under this paragraph (e), unless an individual is pregnant, but shall not be terminated for any other person in the family who is meeting that person's applicable work requirement or who is not required to work. Minor children shall continue to be eligible for Medicaid benefits regardless of the disqualification of their parent or caretaker relative for TANF assistance under this subsection (6), unless prohibited by state or federal law.
(f) Any person enrolled in a two-year or four-year college program who meets the eligibility requirements to receive TANF benefits, and who is meeting the applicable work requirements and all other applicable requirements of the TANF program, shall continue to be eligible for TANF benefits while enrolled in the college program for as long as the person meets the requirements of the TANF program, unless prohibited by federal law.
(g) No adult in a work activity required under this subsection (6) shall be employed or assigned (i) when any other individual is on layoff from the same or any substantially equivalent job within six (6) months before the date of the TANF recipient's employment or assignment; or (ii) if the employer has terminated the employment of any regular employee or otherwise caused an involuntary reduction of its workforce in order to fill the vacancy so created with an adult receiving TANF assistance. The Mississippi Department of Employment Security, established under Section 71-5-101, shall appoint one or more impartial hearing officers to hear and decide claims by employees of violations of this paragraph (g). The hearing officer shall hear all the evidence with respect to any claim made hereunder and such additional evidence as he may require and shall make a determination and the reason therefor. The claimant shall be promptly notified of the decision of the hearing officer and the reason therefor. Within ten (10) days after the decision of the hearing officer has become final, any party aggrieved thereby may secure judicial review thereof by commencing an action, in the circuit court of the county in which the claimant resides, against the department for the review of such decision, in which action any other party to the proceeding before the hearing officer shall be made a defendant. Any such appeal shall be on the record which shall be certified to the court by the department in the manner provided in Section 71-5-531, and the jurisdiction of the court shall be confined to questions of law which shall render its decision as provided in that section.
(7) The Department of Human Services may provide child care for eligible participants who require such care so that they may accept employment or remain employed. The department may also provide child care for those participating in the TANF program when it is determined that they are satisfactorily involved in education, training or other allowable work activities. The department may contract with Head Start agencies to provide child care services to TANF recipients. The department may also arrange for child care by use of contract or vouchers, provide vouchers in advance to a caretaker relative, reimburse a child care provider, or use any other arrangement deemed appropriate by the department, and may establish different reimbursement rates for child care services depending on the category of the facility or home. Any center-based or group home child care facility under this subsection shall be licensed by the State Department of Health pursuant to law. When child care is being provided in the child's own home, in the home of a relative of the child, or in any other unlicensed setting, the provision of such child care may be monitored on a random basis by the Department of Human Services or the State Department of Health. Transitional child care assistance may be continued if it is necessary for parents to maintain employment once support has ended, unless prohibited under state or federal law. Transitional child care assistance may be provided for up to twenty-four (24) months after the last month during which the family was eligible for TANF assistance, if federal funds are available for such child care assistance.
(8) The Department of Human Services may provide transportation or provide reasonable reimbursement for transportation expenses that are necessary for individuals to be able to participate in allowable work activity under the TANF program.
(9) Medicaid assistance shall be provided to a family of TANF program participants for up to twenty-four (24) consecutive calendar months following the month in which the participating family would be ineligible for TANF benefits because of increased income, expiration of earned income disregards, or increased hours of employment of the caretaker relative; however, Medicaid assistance for more than twelve (12) months may be provided only if a federal waiver is obtained to provide such assistance for more than twelve (12) months and federal and state funds are available to provide such assistance.
(10) The department shall require applicants for and recipients of public assistance from the department to sign a personal responsibility contract that will require the applicant or recipient to acknowledge his or her responsibilities to the state.
(11) The department shall enter into an agreement with the State Personnel Board and other state agencies that will allow those TANF participants who qualify for vacant jobs within state agencies to be placed in state jobs. State agencies participating in the TANF work program shall receive any and all benefits received by employers in the private sector for hiring TANF recipients. This subsection (11) shall be effective only if the state obtains any necessary federal waiver or approval and if federal funds are available therefor. Not later than September 1, 2021, the department shall prepare a report, which shall be provided to the Chairmen of the House and Senate Public Health Committees and to any other member of the Legislature upon request, on the history, status, outcomes and effectiveness of the agreements required under this subsection.
(12) Any unspent TANF funds remaining from the prior fiscal year may be expended for any TANF allowable activities. TANF funds shall be set aside for making grants as provided in Section 7 of this act.
(13) The Mississippi Department of Human Services shall provide TANF applicants information and referral to programs that provide information about birth control, prenatal health care, abstinence education, marriage education, family preservation and fatherhood. Not later than September 1, 2021, the department shall prepare a report, which shall be provided to the Chairmen of the House and Senate Public Health Committees and to any other member of the Legislature upon request, on the history, status, outcomes and effectiveness of the information and referral requirements under this subsection.
(14) No new TANF program requirement or restriction affecting a person's eligibility for TANF assistance, or allowable work activity, which is not mandated by federal law or regulation may be implemented by the Department of Human Services after July 1, 2004, unless such is specifically authorized by an amendment to this section by the Legislature.
SECTION 9. Sections 9 through 14 of this act shall be known and may be cited as the "Mississippi Veterans Claims Representation Protection Act."
SECTION 10. For the purposes of this act, the following terms shall have the following meanings, unless the context clearly requires otherwise:
(a) "Veterans Affairs ("VA") claims representative" means any person who, on behalf of a veteran or his or her dependents, prepares, submits or otherwise assists in filing claims for benefits with the United States Department of Veterans Affairs.
(b) "Accredited representative" means an individual who is officially recognized or accredited by the United States Department of Veterans Affairs pursuant to 38 U.S.C. � 5902 and 38 C.F.R. � 14.629.
(c) "Unaccredited representative" means any individual or entity acting as a VA claims representative in the State of Mississippi who does not meet the accreditation requirements described in paragraph (b).
SECTION 11. No unaccredited representative shall:
(a) Represent, advise or otherwise assist any veteran or dependent in preparing or filing claims for VA benefits within the State of Mississippi; or
(b) Advertise or hold himself or herself out as capable of providing VA claims assistance unless accredited by the United States Department of Veterans Affairs.
SECTION 12. (1) Any person who knowingly violates this act shall be guilty of a misdemeanor and, upon conviction, may be fined up to Five Thousand Dollars ($5,000.00) per violation or imprisoned for up to one (1) year, or both.
(2) The Mississippi Attorney General may bring civil actions to enjoin violations of this act, including seeking injunctive relief and civil penalties.
SECTION 13. (1) The Mississippi Department of Veterans Affairs, in coordination with the Attorney General, shall maintain a registry of accredited VA claims representatives authorized to operate in the State of Mississippi.
(2) The Department shall provide public notice and resources to assist veterans in identifying accredited representatives.
SECTION 14. If any provision of this act is held invalid, the remaining provisions shall not be affected and shall continue in full force and effect.
SECTION 15. (1) In general. Not later than ninety (90) days after the date of the enactment of this act, the Mississippi Adjutant General shall enter into an agreement with an independent and objective organization outside the Mississippi Department of Veterans Affairs under which that organization shall:
(a) Conduct a study on the quality of care difference between mental health and addiction therapy care under the laws administered by the Adjutant General provided by health care providers of the department compared to nondepartment providers across various modalities, such as telehealth, in-patient, intensive out-patient, out-patient, and residential treatment; and
(b) Submit the Committee on Veterans' Affairs of the Senate and the Committee on Veterans Affairs of the House of Representatives and publish on a publicly available website a report containing the final results of such study. (2) Timing. The Adjutant General shall ensure that the organization with which the Adjutant General enters into an agreement pursuant to subsection (1) of this section is able to complete the requirements under such subsection by not later than eighteen (18) months after the date on which the agreement is entered into. (3) Elements. The report submitted pursuant to subsection (1)(b) of this section shall include all assessment of the following: (a) The amount of improvement in health outcomes from start of treatment to completion, including symptom scores and suicide risk using evidence-based scales, including the Columbia-Suicide Severity Rating Scale. (b) Whether providers of the department and nondepartment providers are using evidence-based practices in the treatment of mental health and addiction therapy care, including criteria set forth by the American Society of Addiction Medicine. (c) Potential gaps in coordination between providers of the department and nondepartment providers in responding to individuals seeking mental health or addiction therapy care, including the sharing of patient health records. (d) Implementation of veteran-centric care, including the level of satisfaction of patients with care and the competency of providers with the unique experiences and needs of the military and veteran population. (e) Whether veterans with co-occurring conditions receive integrated care to holistically address their needs. (f) Whether providers monitor health outcomes continually throughout treatment and at regular intervals for up to three (3) years after treatment. (g) The average length of time to initiate services, which shall include a comparison of the average length of time between the initial point of contact after patient outreach to the point of initial service, as measured or determined by the Adjutant General.
SECTION 16. This act shall take effect and be in force from and after July 1, 2026.
