reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter [145] - [MISSISSIPPI PRIOR AUTHORIZATION REFORM ACT] (§§ 41-145-NEW-001 — 41-145-NEW-019) › Section 41-145-NEW-002 - [Newly enacted section not yet numbered] Legislative findings

The Mississippi Legislature finds and declares that:
(a)
The health care professional-patient relationship is paramount and should not be subject to unreasonable third-party interference;
(b)
Prior authorization programs may be subject to member coverage agreements and medical policies, but shall not hinder the independent medical judgment of a physician or other health care provider; and
(c)
Prior authorization programs must be transparent to ensure a fair and consistent process for health care providers and their patients.
Added by Laws, 2024, ch. 302, SB 2140,§ 2, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter [145] - [MISSISSIPPI PRIOR AUTHORIZATION REFORM ACT] (§§ 41-145-NEW-001 — 41-145-NEW-019) › Section 41-145-NEW-003 - [Newly enacted section not yet numbered] Applicability and scope

This act applies to every health insurance issuer and all health benefit plans, as both terms are defined in Section
83-9-6.3
, and all private review agents and utilization review plans, as both terms are defined in Section
41-83-1
, with the exception of employee or employer self-insured health benefit plans under the federal Employee Retirement Income Security Act of 1974 or health care provided pursuant to the Workers' Compensation Act. This act does not diminish the duties and responsibilities under other federal or state law or rules promulgated under those laws applicable to a health insurer, health insurance issuer, health benefit plan, private review agent or utilization review plan, including, but not limited to, the requirement of a certificate in accordance with Section
41-83-3
.
Added by Laws, 2024, ch. 302, SB 2140,§ 3, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter [145] - [MISSISSIPPI PRIOR AUTHORIZATION REFORM ACT] (§§ 41-145-NEW-001 — 41-145-NEW-019) › Section 41-145-NEW-006 - [Newly enacted section not yet numbered] Standardized electronic prior authorizations

(1)
If any health insurance issuer requires prior authorization of a health care service, the insurer or its designee utilization review organization shall, by January 1, 2025, make available a standardized electronic prior authorization request transaction process using an internet webpage, internet webpage portal, or similar electronic, internet, and web-based system.
(2)
Not later than January 1, 2027, all health care professionals and health care providers shall be required to use the standardized electronic prior authorization request transaction process made available as required by subsection (1) of this section.
Added by Laws, 2024, ch. 302, SB 2140,§ 6, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter [145] - [MISSISSIPPI PRIOR AUTHORIZATION REFORM ACT] (§§ 41-145-NEW-001 — 41-145-NEW-019) › Section 41-145-NEW-007 - [Newly enacted section not yet numbered] Prior authorizations in nonurgent circumstances

If a health insurance issuer requires prior authorization of a health care service, the health insurance issuer must make an approval or adverse determination and notify the enrollee, the enrollee's health care professional, and the enrollee's health care provider of the approval or adverse determination as expeditiously as the enrollee's condition requires but no later than seven (7) calendar days after obtaining all necessary information to make the approval or adverse determination, unless a longer minimum time frame is required under federal law for the health insurance issuer and the health care service at issue. As used in this section, "necessary information" includes the results of any face-to-face clinical evaluation, second opinion or other clinical information that is directly applicable to the requested service that may be required. Notwithstanding the foregoing provisions of this section, health insurance issuers must comply with the requirements of Section
83-9-6.3
to respond by two (2) business days for prior authorization requests for pharmaceutical services and products.
Added by Laws, 2024, ch. 302, SB 2140,§ 7, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter [145] - [MISSISSIPPI PRIOR AUTHORIZATION REFORM ACT] (§§ 41-145-NEW-001 — 41-145-NEW-019) › Section 41-145-NEW-008 - [Newly enacted section not yet numbered] Prior authorizations in urgent circumstances

(1)
If requested by a treating health care provider or health care professional for an enrollee, a health insurance issuer must render an approval or adverse determination concerning urgent health care services and notify the enrollee, the enrollee's health care professional and the enrollee's health care provider of that approval or adverse determination as expeditiously as the enrollee's condition requires but no later than forty-eight (48) hours after receiving all information needed to complete the review of the requested health care services, unless a longer minimum time frame is required under federal law for the health insurance issuer and the urgent health care service at issue.
(2)
To facilitate the rendering of a prior authorization determination in conformance with this section, a health insurance issuer must establish a mechanism to ensure health care professionals have access to appropriately trained and licensed clinical personnel who have access to physicians for consultation, designated by the plan to make such determinations for prior authorization concerning urgent care services.
Added by Laws, 2024, ch. 302, SB 2140,§ 8, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter [145] - [MISSISSIPPI PRIOR AUTHORIZATION REFORM ACT] (§§ 41-145-NEW-001 — 41-145-NEW-019) › Section 41-145-NEW-009 - [Newly enacted section not yet numbered] Notifications for adverse determinations

If a health insurance issuer makes an adverse determination, the health insurance issuer shall include the following in the notification to the enrollee, the enrollee's health care professional, and the enrollee's health care provider:
(a)
The reasons for the adverse determination and related evidence-based criteria, including a description of any missing or insufficient documentation;
(b)
The right to appeal the adverse determination;
(c)
Instructions on how to file the appeal; and
(d)
Additional documentation necessary to support the appeal.
Added by Laws, 2024, ch. 302, SB 2140,§ 9, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter [145] - [MISSISSIPPI PRIOR AUTHORIZATION REFORM ACT] (§§ 41-145-NEW-001 — 41-145-NEW-019) › Section 41-145-NEW-010 - [Newly enacted section not yet numbered] Personnel qualified to review appeals

(1)
A health insurance issuer must ensure that all appeals are reviewed by a physician when the request is by a physician or a representative of a physician. The physician must:
(a)
Possess a current and valid nonrestricted license to practice medicine in any United States jurisdiction;
(b)
Be certified by the board(s) of the American Board of Medical Specialists or the American Board of Osteopathy within the relevant specialty of a physician who typically manages the medical condition or disease;
(c)
Be knowledgeable of, and have experience providing, the health care services under appeal;
(d)
Not have been directly involved in making the adverse determination; and
(e)
Consider all known clinical aspects of the health care service under review, including, but not limited to, a review of all pertinent medical records provided to the health insurance issuer by the enrollee's health care professional or health care provider and any medical literature provided to the health insurance issuer by the health care professional or health care provider.
(2)
Notwithstanding the foregoing, a licensed health care professional who satisfies the requirements in this section may review appeal requests submitted by a health care professional licensed in the same profession.
Added by Laws, 2024, ch. 302, SB 2140,§ 10, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter [145] - [MISSISSIPPI PRIOR AUTHORIZATION REFORM ACT] (§§ 41-145-NEW-001 — 41-145-NEW-019) › Section 41-145-NEW-011 - [Newly enacted section not yet numbered] Insurer review of prior authorization requirements

A health insurance issuer shall periodically review its prior authorization requirements and consider removal of prior authorization requirements:
(a)
Where a medication or procedure prescribed is customary and properly indicated or is a treatment for the clinical indication as supported by peer-reviewed medical publications; or
(b)
For patients currently managed with an established treatment regimen.
Added by Laws, 2024, ch. 302, SB 2140,§ 11, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter [145] - [MISSISSIPPI PRIOR AUTHORIZATION REFORM ACT] (§§ 41-145-NEW-001 — 41-145-NEW-019) › Section 41-145-NEW-012 - [Newly enacted section not yet numbered] Revocation of prior authorizations

(1)
A health insurance issuer may not revoke or further limit, condition or restrict a previously issued prior authorization approval while it remains valid under this act.
(2)
Notwithstanding any other provision of law, if a claim is properly coded and submitted timely to a health insurance issuer, the health insurance issuer shall make payment according to the terms of coverage on claims for health care services for which prior authorization was required and approval received before the rendering of health care services, unless one (1) of the following occurs:
(a)
It is timely determined that the enrollee's health care professional or health care provider knowingly and without exercising prudent clinical judgment provided health care services that required prior authorization from the health insurance issuer or its contracted private review agent without first obtaining prior authorization for those health care services;
(b)
It is timely determined that the health care services claimed were not performed;
(c)
It is timely determined that the health care services rendered were contrary to the instructions of the health insurance issuer or its contracted private review agent or delegated reviewer if contact was made between those parties before the service being rendered;
(d)
It is timely determined that the enrollee receiving such health care services was not an enrollee of the health care plan; or
(e)
The approval was based upon a material misrepresentation by the enrollee, health care professional, or health care provider; as used in this paragraph, "material" means a fact or situation that is not merely technical in nature and results or could result in a substantial change in the situation.
(3)
Nothing in this section shall preclude a private review agent or a health insurance issuer from performing post-service reviews of health care claims for purposes of payment integrity or for the prevention of fraud, waste, or abuse.
Added by Laws, 2024, ch. 302, SB 2140,§ 12, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter [145] - [MISSISSIPPI PRIOR AUTHORIZATION REFORM ACT] (§§ 41-145-NEW-001 — 41-145-NEW-019) › Section 41-145-NEW-013 - [Newly enacted section not yet numbered] Length of approvals

(1)
A prior authorization approval shall be valid for the lesser of six (6) months after the date the health care professional or health care provider receives the prior authorization approval or the length of treatment as determined by the patient's health care professional or the renewal of the policy or plan, and the approval period shall be effective regardless of any changes, including any changes in dosage for a prescription drug prescribed by the health care professional. Notwithstanding the foregoing, a health insurer and an enrollee or his/her health care professional may extend a prior authorization approval for a longer period, by agreement. All dosage increases must be based on established evidentiary standards, and nothing in this section shall prohibit a health insurance issuer from having safety edits in place. This section shall not apply to the prescription of benzodiazepines or Schedule II narcotic drugs, such as opioids.
(2)
Nothing in this section shall require a policy or plan to cover any care, treatment, or services for any health condition that the terms of coverage otherwise completely exclude from the policy's or plan's covered benefits without regard for whether the care, treatment or services are medically necessary.
Added by Laws, 2024, ch. 302, SB 2140,§ 13, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter [145] - [MISSISSIPPI PRIOR AUTHORIZATION REFORM ACT] (§§ 41-145-NEW-001 — 41-145-NEW-019) › Section 41-145-NEW-014 - [Newly enacted section not yet numbered] Approvals for chronic conditions

(1)
If a health insurance issuer requires a prior authorization for a recurring health care service or maintenance medication for the treatment of a chronic or long-term condition, including, but not limited to, chemotherapy for the treatment of cancer, the approval shall remain valid for the lesser of twelve (12) months from the date the health care professional or health care provider receives the prior authorization approval or the length of the treatment as determined by the patient's health care professional. Notwithstanding the foregoing, a health insurer and an enrollee or his or her health care professional may extend a prior authorization approval for a longer period, by agreement. This section shall not apply to the prescription of benzodiazepines or Schedule II narcotic drugs, such as opioids.
(2)
Nothing in this section shall require a policy or plan to cover any care, treatment or services for any health condition that the terms of coverage otherwise completely exclude from the policy's or plan's covered benefits without regard for whether the care, treatment, or services are medically necessary.
Added by Laws, 2024, ch. 302, SB 2140,§ 14, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter [145] - [MISSISSIPPI PRIOR AUTHORIZATION REFORM ACT] (§§ 41-145-NEW-001 — 41-145-NEW-019) › Section 41-145-NEW-015 - [Newly enacted section not yet numbered] Continuity of prior approvals

(1)
On receipt of information documenting a prior authorization approval from the enrollee or from the enrollee's health care professional or health care provider, a health insurance issuer shall honor a prior authorization granted to an enrollee from a previous health insurance issuer for at least the initial ninety (90) days of an enrollee's coverage under a new health plan, subject to the terms of the member's coverage agreement.
(2)
During the time period described in subsection (1) of this section, a health insurance issuer may perform its own review to grant a prior authorization approval subject to the terms of the member's coverage agreement.
(3)
If there is a change in coverage of or approval criteria for a previously authorized health care service, the change in coverage or approval criteria does not affect an enrollee who received prior authorization approval before the effective date of the change for the remainder of the enrollee's plan year.
(4)
Except to the extent required by medical exceptions processes for prescription drugs, nothing in this section shall require a policy or plan to cover any care, treatment or services for any health condition that the terms of coverage otherwise completely exclude from the policy's or plan's covered benefits without regard for whether the care, treatment or services are medically necessary.
Added by Laws, 2024, ch. 302, SB 2140,§ 15, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter [145] - [MISSISSIPPI PRIOR AUTHORIZATION REFORM ACT] (§§ 41-145-NEW-001 — 41-145-NEW-019) › Section 41-145-NEW-016 - [Newly enacted section not yet numbered] Effect of insurer's failure to comply

A failure by a health insurance issuer to comply with the deadlines and other requirements specified in this act shall result in any health care services subject to review to be automatically deemed authorized by the health insurance issuer or its contracted private review agent.
Added by Laws, 2024, ch. 302, SB 2140,§ 16, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter [145] - [MISSISSIPPI PRIOR AUTHORIZATION REFORM ACT] (§§ 41-145-NEW-001 — 41-145-NEW-019) › Section 41-145-NEW-017 - [Newly enacted section not yet numbered] Enforcement and administration

(1)
In addition to the enforcement powers granted to it by law to enforce the provisions of this act, the department is granted specific authority to issue a cease-and-desist order or require a private review agent or health insurance issuer to submit a plan of correction for violations of this act, or both. Subject to regulations promulgated by the department under the provisions of the Mississippi Administrative Procedure Law and after proper notice and the opportunity for a hearing, the department may impose upon a private review agent, health benefit plan or health insurance issuer an administrative fine not to exceed Ten Thousand Dollars ($10,000.00) per violation for failure to submit a requested plan of correction, failure to comply with its plan of correction, or repeated violations of this act. All fines collected by the department under this section shall be deposited into the State General Fund. The department may also exercise all authority granted to it under Section
41-83-13
to deny or revoke a certificate of a private review agent for a violation of this act.
(2)
Any person or his or her treating physician who has evidence that his or her health insurance issuer or health benefit plan is in violation of the provisions of this act may file a complaint with the department. The department shall review all complaints received and investigate all complaints that it deems to state a potential violation. The department shall fairly, efficiently and timely review and investigate complaints. Health insurance issuers, health benefit plans and private review agents found to be in violation of this act shall be penalized in accordance with this section.
(3)
The department shall have the authority to promulgate rules and regulations under the Mississippi Administrative Procedures Law to govern the administration of this act.
Added by Laws, 2024, ch. 302, SB 2140,§ 17, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter [145] - [MISSISSIPPI PRIOR AUTHORIZATION REFORM ACT] (§§ 41-145-NEW-001 — 41-145-NEW-019) › Section 41-145-NEW-018 - [Newly enacted section not yet numbered] Reports to the department

(1)
By June 1, 2025, and each June 1 after that date, a health insurance issuer shall report to the department, on a form issued by the department, the following aggregated trend data, de-identified of protected health information, related to the insurer's practices and experience for the prior plan year for health care services submitted for payment:
(a)
The number of prior authorization requests;
(b)
The number of prior authorization requests denied;
(c)
The number of prior authorization appeals received;
(d)
The number of adverse determinations reversed on appeal;
(e)
Of the total number of prior authorization requests, the number of prior authorization requests that were not submitted electronically;
(f)
The ten (10) health care services that were most frequently denied through prior authorization;
(g)
The ten (10) reasons prior authorization requests were most frequently denied;
(h)
The number of claims for health care services that were examined through a post-service utilization review process;
(i)
The number and percentage of claims for health care services denied through post-service utilization review; and
(j)
The ten (10) health care services that were most frequently denied as a result of post-service utilization reviews.
(2)
All reports required by this section shall be considered public records under the Mississippi Public Records Act of 1983 and the department shall make all reports freely available to requestors and post all reports to its public website without redactions.
Added by Laws, 2024, ch. 302, SB 2140,§ 18, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter [145] - [MISSISSIPPI PRIOR AUTHORIZATION REFORM ACT] (§§ 41-145-NEW-001 — 41-145-NEW-019) › Section 41-145-NEW-019 - [Newly enacted section not yet numbered] False requests for prior authorization

If a health insurance issuer has clear and convincing evidence that a health care professional or health care provider has knowingly and willingly submitted false or fraudulent requests for prior authorization to the health insurance issuer, the issuer shall notify and provide that information to the Commissioner of Insurance. After receipt of such notification and information, the commissioner shall forward these reports to the Board of Medical Licensure or such other licensing agency with oversight of the health care provider.
Added by Laws, 2024, ch. 302, SB 2140,§ 19, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter [147] - [MISSISSIPPI RARE DISEASE ADVISORY COUNCIL] (§§ 41-147-NEW-001 — 41-147-NEW-005) › Section 41-147-NEW-001 - [Newly enacted section not yet numbered] [Legislative findings]

The Legislature finds and declares that:
(a)
A rare disease, sometimes called an "orphan disease," is defined as a disease that affects fewer than two hundred thousand (200,000) people.
(b)
There are seven thousand (7,000) known rare diseases affecting more than twenty-five million (25,000,000) men, women and children in the United States.
(c)
While the exact cause for many rare diseases remains unknown, eighty percent (80%) of rare diseases are genetic in origin and can be linked to mutations in a single gene or in multiple genes, which can be passed down from generation to generation.
(d)
People with rare diseases face many challenges, including delays in obtaining a diagnosis, misdiagnosis, shortages of medical specialists who can provide treatment, and lack of access to therapies and medication used to treat rare diseases.
(e)
An advisory council composed of qualified professionals and persons living with rare diseases could educate medical professionals, governmental agencies, legislators and the public about rare diseases as an important public health issue and encourage and secure funding for research for the development of new treatments for rare diseases.
Added by Laws, 2024, ch. 311, SB 2156,§ 1, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter [147] - [MISSISSIPPI RARE DISEASE ADVISORY COUNCIL] (§§ 41-147-NEW-001 — 41-147-NEW-005) › Section 41-147-NEW-002 - [Newly enacted section not yet numbered] [Mississippi Rare Disease Advisory Council]

(1)
The Mississippi Rare Disease Advisory Council is established at the University of Mississippi Medical Center for the purpose of advising the Legislature and other governmental agencies, departments, commissions and authorities on the needs of individuals living in Mississippi with a rare disease.
(2)
The board of directors created under Section 4 of this act shall appoint the following members of the council, which must reflect the diversity of the state population:
(a)
At least one (1) representative from academic research institutions in the state which receive grant funding for rare disease research;
(b)
At least one (1) geneticist licensed and practicing in the State of Mississippi who is a licensed medical doctor or has otherwise obtained a doctorate in a related field;
(c)
At least one (1) physician with experience treating rare diseases who are practicing in the state;
(d)
At least one (1) person having a rare disease who are eighteen (18) years of age or older;
(e)
At least one (1) caregiver of a person with a rare disease;
(f)
At least two (2) representatives of a rare disease patient organization that operates in this state;
(g)
A pharmacist with experience with drugs used to treat rare diseases;
(h)
A representative of the biotechnology industry; and
(i)
A representative of health plan companies.
(3)
The initial meeting of the council must occur before October 1, 2024. The council shall meet on a regular basis, as determined by the board of directors, in person or via an online meeting platform.
(4)
(a)
Each member of the council shall serve a term of three (3) years. If a vacancy occurs on the council, the board of directors shall appoint, in a timely manner, a person to serve the remainder of the term of the vacated member.
(b)
Subject to the availability of funding, members of the council may receive per diem, as authorized under Section
25-3-69
, and be reimbursed for traveling expenses and mileage, as provided under Section
25-3-41
.
Added by Laws, 2024, ch. 311, SB 2156,§ 2, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter [147] - [MISSISSIPPI RARE DISEASE ADVISORY COUNCIL] (§§ 41-147-NEW-001 — 41-147-NEW-005) › Section 41-147-NEW-003 - [Newly enacted section not yet numbered] [Duties of Council]

(1)
The council shall perform the following duties:
(a)
Convene public hearings, make inquiries and solicit comments from the general public in Mississippi to assist the council with developing a first year landscape of rare diseases in the state.
(b)
Consult with experts on the board of directors, council and externally, as needed, on rare diseases to develop policy recommendations to improve access and quality of care for health insurance, education and treatment in the state.
(c)
Research and make policy recommendations to the Legislature on access to insurance, specialists and other needed services for patients with rare diseases.
(d)
Research and make recommendations to state agencies and insurers that provide services to persons with a rare disease on the impact of coverage, cost-sharing, tiering or other utilization management procedures on the provision of treatment and care services.
(e)
Research and identify priorities relating to treatments and services provided to persons with rare diseases in Mississippi, and develop policy recommendations that include safeguards against discrimination for these populations on these and related issues.
(f)
Evaluate and make recommendations to improve the state's newborn screening program.
(g)
Evaluate and make recommendations to improve Medicaid coverage for approved treatment and medications for rare disease patients.
(h)
Publish a list of existing, publicly accessible resources on research, diagnosis, treatment and education relating to those rare diseases in Mississippi, including publishing the information on a state webpage.
(i)
Collect additional research topic areas from the public to inform future studies and reports on which the council can work for the state.
(j)
Establish policies for training academic institutions, state agencies, health care professionals and others to foster a greater understanding of rare diseases in Mississippi.
(k)
Identify a mechanism for sharing best practices for health care providers to ensure they are informed adequately of the most effective strategies for recognizing and treating rare diseases in Mississippi.
(2)
The council shall submit an annual report on its activities to the Governor and Legislature before July 1 of each year, with the first report being due before July 1, 2025. The report must describe the activities and progress made by the council on the duties prescribed under this section and give an update on the status of funding for the council, including information on grant applications and which grants were accepted, used and have remaining balances. The report also must include recommendations on ways to address the needs of people living with rare diseases in the State of Mississippi.
Added by Laws, 2024, ch. 311, SB 2156,§ 3, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter [147] - [MISSISSIPPI RARE DISEASE ADVISORY COUNCIL] (§§ 41-147-NEW-001 — 41-147-NEW-005) › Section 41-147-NEW-004 - [Newly enacted section not yet numbered] [Membership and governance]

(1)
The council will be governed by a board of directors, which shall be comprised of the executive director and the following members appointed by the Governor:
(a)
The State Health Officer or the officer's designee;
(b)
The Executive Director of the Division of Medicaid or the director's designee;
(c)
The State Insurance Commissioner or the commissioner's designee;
(d)
The State Superintendent of Public Education or the superintendent's designee;
(e)
One (1) representative of industry; and
(f)
One (1) patient representative.
(2)
The board of directors shall perform the following duties:
(a)
Establish policies for swiftly appointing members of the council;
(b)
Develop policies for frequency of meetings; and
(c)
Determine a mechanism for remaining in contact in between regularly scheduled meetings of the board.
(3)
The initial meeting of the board of directors must occur before October 1, 2024. Subsequent meetings of the board must be held on a regular basis and in a format, as determined by the executive director.
(4)
(a)
Each member of the board of directors shall serve a term of three (3) years. If a vacancy occurs on the board, the remaining members of the board of directors shall appoint, in a timely manner, a person to serve the remainder of the vacated term. A vacancy on the board does not affect the power of the remaining members of the board to execute its work.
(b)
Subject to the availability of funding, members of the board of directors may receive per diem, as authorized under Section
25-3-69
, and be reimbursed for traveling expenses and mileage, as provided under Section
25-3-41
.
Added by Laws, 2024, ch. 311, SB 2156,§ 4, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter [147] - [MISSISSIPPI RARE DISEASE ADVISORY COUNCIL] (§§ 41-147-NEW-001 — 41-147-NEW-005) › Section 41-147-NEW-005 - [Newly enacted section not yet numbered] [Executive Director]

(1)
The Mississippi Rare Disease Advisory Council will be under the direction of an executive director, who will be appointed by the board of directors. The executive director, who may not be employed by the federal or state government, shall oversee the board and lead the council.
(2)
The executive director may solicit funds on behalf of the council. The council shall establish a method to securely hold and distribute funds.
Added by Laws, 2024, ch. 311, SB 2156,§ 5, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter [149] - [MISSISSIPPI MEDICAL CANNABIS RESEARCH PROGRAM] (§§ 41-149-NEW-001 — 41-149-NEW-003) › Section 41-149-NEW-003 - [Newly enacted section not yet numbered] [Report]

(1)
By the November interim meeting each year beginning in 2024, the department shall report to the Public Health and Welfare Committees of the Mississippi State Senate and the House of Representatives on information provided by the Medical Cannabis Research Program described in this act.
(2)
The department shall not include personally identifying information in the report described in this section.
Added by Laws, 2024, ch. 317, SB 2888,§ 3, eff. 7/1/2024.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 1 - DEPARTMENT OF HUMAN SERVICES AND COUNTY DEPARTMENTS OF PUBLIC WELFARE (§§ 43-1-1 — 43-1-101) › IN GENERAL (§§ 43-1-1 — 43-1-30) › Section 43-1-1 - [Repealed Effective 7/1/2026] Department of Human Services to be State Department of Public Welfare

(1)
The Department of Human Services shall be the State Department of Public Welfare and shall retain all powers and duties as granted to the State Department of Public Welfare. Wherever the term "State Department of Public Welfare" or "State Board of Public Welfare" appears in any law, the same shall mean the Department of Human Services. The Executive Director of Human Services may assign to the appropriate offices such powers and duties deemed appropriate to carry out the lawful functions of the department.
(2)
This section shall stand repealed on July 1, 2026.
Codes, 1942, § 7217; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 1986, ch. 500, § 34; Laws, 1989, ch. 544, § 61; Laws, 1990, ch. 522, § 17; Laws, 1992, ch. 585 § 2; reenacted and amended, Laws, 1994 Ex Sess, ch. 22, § 1; Laws, 2001, ch. 599, § 2; Laws, 2002, ch. 573, § 1; reenacted and amended, Laws, 2005, ch. 537, § 1; Laws, 2009, ch. 564, § 1; Laws, 2012, ch. 470, § 1, eff. 6/30/2012.
Amended by Laws, 2023, ch. 454, SB 2369,§ 1, eff. 7/1/2023.
Amended by Laws, 2019, ch. 372, HB 1147,§ 1, eff. 7/1/2019.
Amended by Laws, 2015, ch. 403, SB 2199, 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 1 - DEPARTMENT OF HUMAN SERVICES AND COUNTY DEPARTMENTS OF PUBLIC WELFARE (§§ 43-1-1 — 43-1-101) › IN GENERAL (§§ 43-1-1 — 43-1-30) › Section 43-1-3 - [Repealed Effective 7/1/2026] Delegation, privatization, or contracting with private entity for operation of office, bureau or division of department prohibited; contracts for improvement of performance or efficiency of services authorized

Notwithstanding the authority granted under subsection (4)(d) of Section
43-1-2
, the Department of Human Services or the Executive Director of Human Services shall not be authorized to delegate, privatize or otherwise enter into a contract with a private entity for the operation of any office, bureau or division of the department, as defined in Section
7-17-11
, without specific authority to do so by general act of the Legislature. However, nothing in this section shall be construed to invalidate (a) any contract of the department that is in place and operational before January 1, 1994; or (b) the continued renewal of any such contract with the same entity upon the expiration of the contract; or (c) the execution of a contract with another legal entity as a replacement of any such contract that is expiring, provided that the replacement contract is substantially the same as the expiring contract. Nothing in this section shall prohibit the Department of Human Services or the Executive Director of Human Services from entering into any contract with vendors or contractors intended to improve performance, reduce costs or increase efficiency, so long as the contract remains under the supervision or control of an office, bureau or division of the department, and provided that no county office of the department may be closed unless the Legislature specifically authorizes its closure in advance of the closure.
This section shall stand repealed on July 1, 2026.
Laws, 1994, Ex Sess, ch. 22, § 3; Laws, 2001, ch. 599, § 4; Laws, 2002, ch. 573, § 3; reenacted and amended, Laws, 2005, ch. 537, § 3; Laws, 2009, ch. 564, § 3; Laws, 2012, ch. 470, § 3, eff. 6/30/2012.
Amended by Laws, 2023, ch. 454, SB 2369,§ 3, eff. 7/1/2023.
Amended by Laws, 2019, ch. 372, HB 1147,§ 3, eff. 7/1/2019.
Amended by Laws, 2015, ch. 403, SB 2199, 3, eff. 7/1/2015.
Amended by Laws, 2013, ch. 515, HB 1009, 1, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 1 - DEPARTMENT OF HUMAN SERVICES AND COUNTY DEPARTMENTS OF PUBLIC WELFARE (§§ 43-1-1 — 43-1-101) › IN GENERAL (§§ 43-1-1 — 43-1-30) › Section 43-1-4 - Powers and duties of department

The Department of Human Services shall have the following powers and duties:
(a)
To provide basic services and assistance statewide to needy and disadvantaged individuals and families.
(b)
To promote integration of the many services and programs within its jurisdiction at the client level thus improving the efficiency and effectiveness of service delivery and providing easier access to clients.
(c)
To develop a statewide comprehensive service delivery plan in coordination with the Board of Health, the Board of Mental Health, and the Department of Finance and Administration. Such plan shall be developed and presented to the Governor by January 1, 1990.
(d)
To employ personnel and expend funds appropriated to the department to carry out the duties and responsibilities assigned to the department by law.
(e)
To fingerprint and conduct a background investigation on every employee, contractor, subcontractor and volunteer (i) who has direct access to clients of the department who are children or vulnerable adults, (ii) who is in a position of fiduciary responsibility, (iii) who is in a position with access to Federal Tax Information (FTI), or (iv) who is otherwise required by federal law or regulations to undergo a background investigation. Every such employee, contractor, subcontractor and volunteer shall provide a valid current social security number and/or driver's license number which shall be furnished to conduct the background investigation for determination as to good moral character and to ensure that no person placed in any position referenced in this paragraph has a felony conviction that would prevent employment or access to Federal Tax Information according to department policy. If no disqualifying record is identified at the state level, the fingerprints shall be forwarded to the Federal Bureau of Investigation for a fingerprint-based national criminal history record check. The department shall be the recipient of the results of any background investigation and/or criminal history record check performed in accordance with this paragraph.
Laws, 1989, ch. 544, § 60; Laws, 2005, ch. 431, § 1, eff. 7/1/2005.
Amended by Laws, 2018, ch. 420, HB 911,§ 1, eff. 7/1/2018.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 1 - DEPARTMENT OF HUMAN SERVICES AND COUNTY DEPARTMENTS OF PUBLIC WELFARE (§§ 43-1-1 — 43-1-101) › IN GENERAL (§§ 43-1-1 — 43-1-30) › Section 43-1-6 - [Repealed]

Laws, 1989, ch. 544, § 103; Laws, 1992, ch. 585 § 4; reenacted and amended, Laws, 1994 Ex Sess, ch. 22, § 5; Laws, 2001, ch. 599, § 6; Laws, 2002, ch. 573, § 5; reenacted and amended, Laws, 2005, ch. 537, § 5; Laws, 2009, ch. 564, § 5, eff. 6/30/2009.
Repealed by its own terms, eff.7/1/2012.
Laws, 1989, ch. 544, § 103; Laws, 1992, ch. 585 § 4; reenacted and amended, Laws, 1994 Ex Sess, ch. 22, § 5; Laws, 2001, ch. 599, § 6; Laws, 2002, ch. 573, § 5; reenacted and amended, Laws, 2005, ch. 537, § 5; Laws, 2009, ch. 564, § 5, eff. 6/30/2009.]
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 1 - DEPARTMENT OF HUMAN SERVICES AND COUNTY DEPARTMENTS OF PUBLIC WELFARE (§§ 43-1-1 — 43-1-101) › IN GENERAL (§§ 43-1-1 — 43-1-30) › Section 43-1-7 - Family resource centers; information campaign for low income individuals; telephone hotline for reporting welfare fraud

(1)
The Department of Human Services may establish family resource centers to help families who are receiving or are eligible to receive assistance from government agencies to facilitate their access to services and resources that will lead to increased family independence.
(2)
The department shall carry out an intense public information campaign to inform low-income workers, and especially public assistance recipients, of the availability of and application rules for the federal Earned Income Tax Credit (EITC), in order to maximize the refund of federal income tax withheld from those persons. The information campaign shall include publishing and circulating bulletins or notices to recipients of Temporary Assistance for Needy Families (TANF) benefits and other public assistance that publicize and explain the EITC and the criteria for family eligibility for the EITC. The department also shall carry out an intense information campaign to inform employers of the availability of and the criteria for eligibility for the Work Opportunity Tax Credit (WOTC), which offers employers a credit against their federal tax liability for hiring people from certain target groups, including TANF recipients, and to inform employers of the availability of and the criteria for eligibility for the state income tax credit for employers who hire persons receiving TANF benefits as authorized under Section
27-7-22.1
.
(3)
The department shall establish and maintain a statewide incoming wide area telephone service hot line for the purpose of reporting suspected cases of welfare eligibility fraud, food stamp fraud and Medicaid fraud. The department is authorized, subject to the extent of appropriations available, to offer financial incentives to individuals for reporting such suspected cases of public assistance fraud.
(4)
Any applicant for or recipient of TANF benefits or Food Stamps shall be required to agree that, as a condition of eligibility for those benefits, the person will cooperate with the department in determining paternity for the purposes of enforcing child support obligations. The department shall utilize methods and procedures provided for by state or federal law in determining paternity and enforcing child support obligations.
Laws, 1997, ch. 316, § 21, eff. 3/12/1997.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 1 - DEPARTMENT OF HUMAN SERVICES AND COUNTY DEPARTMENTS OF PUBLIC WELFARE (§§ 43-1-1 — 43-1-101) › IN GENERAL (§§ 43-1-1 — 43-1-30) › Section 43-1-8 - [Repealed]

Repealed by Laws, 1994, ch. 582, § 8, eff. 7/1/1994.
Laws, 1993, ch. 614, § 12
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 1 - DEPARTMENT OF HUMAN SERVICES AND COUNTY DEPARTMENTS OF PUBLIC WELFARE (§§ 43-1-1 — 43-1-101) › IN GENERAL (§§ 43-1-1 — 43-1-30) › Section 43-1-10 - [Repealed] Certain Department of Human Services employees whose employment was terminated prohibited from being employed by any other state agency, department or institution under certain circumstances

Notwithstanding any other provision of law to the contrary, an employee of the Department of Human Services whose employment was effectuated, in whole or in part, with funds received from a grant or contract issued by the State of Mississippi or the United States of America, who was terminated from such employment, shall be prohibited from receiving employment from any other agency, department or institution of the state that uses funds from the same grant or contract to employ personnel.
Repealed by Laws, 1994, ch. 582, § 8, eff. 7/1/1994.
Laws, 1993, ch. 614, § 14
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 1 - DEPARTMENT OF HUMAN SERVICES AND COUNTY DEPARTMENTS OF PUBLIC WELFARE (§§ 43-1-1 — 43-1-101) › IN GENERAL (§§ 43-1-1 — 43-1-30) › Section 43-1-11 - Expenses of county welfare office

The boards of supervisors of the various counties of this state are hereby authorized and empowered, in their discretion, to expend and appropriate such sums as they deem necessary out of any available county funds for the purpose of providing office space for the local county department of public welfare. This includes, but is not limited to, adequate office space for the efficient conduct of business, as well as providing for payment of electricity, water, gas, maintenance and repair of the building, and janitorial services and supplies.
Codes, 1942, § 7223; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 1948, ch. 407, § 1; Laws, 1956, ch. 187; Laws, 1982, ch. 319, eff. 10/1/1982.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 1 - DEPARTMENT OF HUMAN SERVICES AND COUNTY DEPARTMENTS OF PUBLIC WELFARE (§§ 43-1-1 — 43-1-101) › IN GENERAL (§§ 43-1-1 — 43-1-30) › Section 43-1-12 - Expenditure of municipal or county funds to support public welfare programs

The governing authority of any municipality or county in this state is authorized and empowered, in its discretion, to expend such funds as it deems necessary and desirable, from any available funds of the municipality or county, to:
(a)
match any state, federal or private funds available for any program administered by the State Department of Public Welfare or the county departments of public welfare in this state; and/or
(b)
make a voluntary contribution to any such program.
Laws, 1989, ch. 407, § 1, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 1 - DEPARTMENT OF HUMAN SERVICES AND COUNTY DEPARTMENTS OF PUBLIC WELFARE (§§ 43-1-1 — 43-1-101) › IN GENERAL (§§ 43-1-1 — 43-1-30) › Section 43-1-13 - Political activity

(1)
Except as otherwise provided in subsection (2) of this section, it shall be unlawful for a commissioner or any other employee of the state or county welfare departments to take an active part in any partisan political campaign. For violation of this provision the offending party shall be removed from office and in addition thereto, upon conviction, shall be guilty of a misdemeanor, subject to a fine of not more than Two Hundred Dollars ($200.00).
(2)
This section shall not preclude an individual from seeking elective office where the office sought is nonpartisan and is not within the judicial branch of government.
Codes, 1942, § 7222; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 2010, ch. 439, § 1, eff. 7/7/2010 (the date the United States Attorney General interposed no objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this section).
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 1 - DEPARTMENT OF HUMAN SERVICES AND COUNTY DEPARTMENTS OF PUBLIC WELFARE (§§ 43-1-1 — 43-1-101) › IN GENERAL (§§ 43-1-1 — 43-1-30) › Section 43-1-15 - Office of State Department

The state capitol commission shall furnish office space for the State Department in the city of Jackson and is authorized to rent suitable quarters in the city in the event there is not sufficient room in one of the state houses. In case it is necessary to rent such quarters, the cost of such rental, janitorial service, fuel and janitor's supplies shall not be counted in determining the administrative cost limitation of Section
43-9-37
, Mississippi Code of 1972.
Codes, 1942, § 7224; Laws, 1936, ch. 175; Laws, 1940, ch. 298.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 1 - DEPARTMENT OF HUMAN SERVICES AND COUNTY DEPARTMENTS OF PUBLIC WELFARE (§§ 43-1-1 — 43-1-101) › IN GENERAL (§§ 43-1-1 — 43-1-30) › Section 43-1-17 - Cooperation with the federal government

The state department of public welfare shall cooperate with the federal government, its agencies and instrumentalities, in carrying out the provisions of any federal acts concerning public welfare, and in other matters of mutual concern pertaining to public welfare, including the adoption of such methods of administration as are found by the federal government to be necessary for the efficient operation of plans for public assistance and welfare services in accordance with the provisions of the federal Social Security Act, as amended. It shall also cooperate with other departments, agencies and institutions, federal, state and local or private, when so requested, in performing services in conformity with the provisions of this chapter and Chapter 9 of this title.
Codes, 1942, § 7238; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 1968, ch. 562, § 6, eff. 7/30/1968.