Bill Text: MS SB2739 | 2019 | Regular Session | Introduced
Bill Title: Medicaid Home- and Community-Based Services for transitioning military; allow services for dependents with special needs under waiver.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2019-02-05 - Died In Committee [SB2739 Detail]
Download: Mississippi-2019-SB2739-Introduced.html
MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Medicaid; Appropriations
By: Senator(s) Younger
Senate Bill 2739
AN ACT TO AUTHORIZE THE DIVISION OF MEDICAID TO APPLY FOR FEDERAL WAIVERS TO AUTHORIZE TRANSITIONING ACTIVE DUTY MILITARY SERVICE MEMBERS TO USE THEIR STATE OF LEGAL RESIDENCE TO QUALIFY THEIR DEPENDENTS WITH SPECIAL NEEDS FOR MEDICAID HOME- AND COMMUNITY-BASED SERVICES (HCBS) REIMBURSEMENT IN THE STATE OF MISSISSIPPI; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The Division of Medicaid is authorized to apply to the Center for Medicare and Medicaid Services of the U.S. Department of Health and Human Services for waivers to continue reimbursement for the following:
(a) A dependent, who is a legal resident of the State of Mississippi, having previously been determined to be eligible for developmental disability services provided by the Department of Mental Health, including waiver services provided under the home- and community-based services programs authorized under Section 1915(c) of the Social Security Act, shall retain eligibility for those developmental disability services as long as he or she remains a legal resident of the state, regardless of having left the state due to the military service member's military assignment outside the state, and as long as he or she is otherwise eligible for such services.
(b) The Division of Medicaid shall permit a dependent who resides out of state to be placed on the waiting list for developmental disability services if the dependent left the state due to the military service member's military assignment outside the state, is otherwise eligible for those services, and furnishes the following:
(i) A copy of the military service member's DD-214 or other equivalent discharge paperwork; and
(ii) Proof of the military service member's legal residence in the state, as prescribed by the department.
(c) For dependents who received developmental disability services and who left the state due to the military service member's military assignment outside the state, upon the dependent's return to the state and when a request for services is made, the department shall:
(i) Determine the dependent's eligibility for services, which may include a request for waiver services provided under the home- and community-based services programs authorized under Section 1915(c) of the Social Security Act;
(ii) Provide to the dependent notification of the determination of eligibility for services, which includes notification of a denial of services, if applicable;
(iii) Provide the dependent an opportunity to contest the department's determination through the appeals processes established by the department; and
(iv) Resume services if the individual remains eligible.
(d) The division shall allow an individual who meets Medicaid eligibility requirements to receive home- and community-based services in this state if the individual's parent or legal guardian is an active-duty military service member and, at the time of the service member's transfer to Mississippi, the individual was receiving home- and community-based services in another state.
SECTION 2. This act shall take effect and be in force from and after July 1, 2019.
