reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 23 - RULES AND REGULATIONS FOR THE COASTAL WETLANDS PROTECTION LAW AND THE MISSISSIPPI COASTAL PROGRAM › Chapter 20 - Coastal Program Agency Responsibilities › Section 22-23-20-102

Current through June 25, 2024
If a Coastal Program Agency has not commented within the
				  allotted review time, its concurrence with the proposed activity will be
				  assumed.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 23 - RULES AND REGULATIONS FOR THE COASTAL WETLANDS PROTECTION LAW AND THE MISSISSIPPI COASTAL PROGRAM › Chapter 20 - Coastal Program Agency Responsibilities › Section 22-23-20-103

Current through June 25, 2024
Agencies other than Coastal Program Agencies are encouraged
				  to review and comment on proposed actions, but such comments will be considered
				  as informational comments.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 23 - RULES AND REGULATIONS FOR THE COASTAL WETLANDS PROTECTION LAW AND THE MISSISSIPPI COASTAL PROGRAM › Chapter 21 - Special Management Area Plans › Section 22-23-21-100

Current through June 25, 2024
The purposes of special management area designation
				  are:
100.01 To apply the general
				provisions of the coastal program to specific geographical areas
100.02 To streamline regulatory decisions in
				these areas through planning for and resolving permit conflicts in advance of
				individual development projects being implemented
100.03 To coordinate federal and state
				regulatory decisions with the affirmative development efforts of the coastal
				program and of local governments
100.04 To provide assistance to local
				governments and state agencies to plan for public facilities and services in
				areas whose use is historically, economically, and culturally tied to coastal
				waters
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 23 - RULES AND REGULATIONS FOR THE COASTAL WETLANDS PROTECTION LAW AND THE MISSISSIPPI COASTAL PROGRAM › Chapter 21 - Special Management Area Plans › Section 22-23-21-101

Current through June 25, 2024
A SMA designation does not authorize the imposition of new
				  regulatory authorities. SMA designations are not mandatory and will not be
				  construed to require local governments to agree to a plan for an area. SMA
				  plans will not be adopted by the Commission without the concurrence of the
				  local government or state agency having jurisdiction.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 23 - RULES AND REGULATIONS FOR THE COASTAL WETLANDS PROTECTION LAW AND THE MISSISSIPPI COASTAL PROGRAM › Chapter 21 - Special Management Area Plans › Section 22-23-21-102

Current through June 25, 2024
Those SMAs identified in the PROGRAM as of the date these
				  procedures and guidelines are adopted, are designated as SMAs. The following
				  process will be used to designate additional SMAs.
102.01 An area may be nominated by a
				concerned agency, organization, or person. The nomination must include a
				specific description of the area and a justification for the nomination.
102.02 The Department will conduct
				an examination of the nomination to determine its merits, and more specifically
				to determine whether a SMA designation is needed to manage the area properly in
				light of the purposes specified in this chapter. A public hearing may be held
				at the discretion of the Executive Director. After completing its examination
				of the nomination, the Department will make a recommendation to the Commission
				as to whether the nominated areas should be designated as a SMA.
102.03 The Commission may act on the
				Department's recommendation.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 23 - RULES AND REGULATIONS FOR THE COASTAL WETLANDS PROTECTION LAW AND THE MISSISSIPPI COASTAL PROGRAM › Chapter 21 - Special Management Area Plans › Section 22-23-21-103

Current through June 25, 2024
The responsible local government and the Commission, acting
				  through the Department, will enter into an agreement to develop a SMA Plan. The
				  agreement may be at the initiative of either party. The agreement must state
				  the scope of work to be performed, the responsibilities of the parties
				  involved, and the nature of any involvement with other agencies or
				  consultants.
103.01 Federal agencies,
				particularly the U. S. Army Corps of Engineers, the Fish and Wildlife Service,
				the National Marine Fisheries Service, and the Environmental Protection Agency,
				must be consulted and involved in the early stages of planning. The Department
				and the local government will jointly develop a draft of the plan in
				cooperation with federal agencies, with the Department providing general
				oversight. During the course of the plan's development, public hearings or
				meetings may be held. If private lands are included in a SMA Plan, a hearing
				must be held.
103.02 The draft SMA
				Plan must be submitted to the local government or state agency and the
				Commission for concurrence, and must be submitted to appropriate federal
				agencies.
103.03 A public hearing
				must be held on the draft plan prior to its formal adoption. Such a hearing
				must be advertised and held in the manner specified in Chapter 05.
103.04 Based on the comments received during
				the public hearing, the draft plan will be revised as appropriate, and
				considered for final approval by the local government or agency involved, and
				the Commission. Upon final approval by the Commission, a notice must be
				published at least once a week for three weeks. The notice must describe the
				contents of the proposal.
103.05
				When approved according to these procedures, the specific provisions of a SMA
				Plan will prevail over the more general provisions of the coastal program.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 23 - RULES AND REGULATIONS FOR THE COASTAL WETLANDS PROTECTION LAW AND THE MISSISSIPPI COASTAL PROGRAM › Chapter 21 - Special Management Area Plans › Section 22-23-21-104

Current through June 25, 2024
SMA Plans must define the boundaries of the area, and provide
				  a clear description of how the physical development of the area is to be
				  managed.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 23 - RULES AND REGULATIONS FOR THE COASTAL WETLANDS PROTECTION LAW AND THE MISSISSIPPI COASTAL PROGRAM › Chapter 21 - Special Management Area Plans › Section 22-23-21-105

Current through June 25, 2024
SMA Plans must recognize environmental and economic factors,
				  and where a plan is intended to prevail over the more general provisions of the
				  PROGRAM, the plan must include analyses of environmental impacts and
				  alternatives comparable to that ordinarily required for permit
				  decisions.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 23 - RULES AND REGULATIONS FOR THE COASTAL WETLANDS PROTECTION LAW AND THE MISSISSIPPI COASTAL PROGRAM › Chapter 21 - Special Management Area Plans › Section 22-23-21-106

Current through June 25, 2024
SMA Plans must specify the implementation responsibilities of
				  local, state, and federal agencies, and include any interagency agreements and
				  similar instruments necessary for carrying out the plan.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 23 - RULES AND REGULATIONS FOR THE COASTAL WETLANDS PROTECTION LAW AND THE MISSISSIPPI COASTAL PROGRAM › Chapter 22 - Adjustments, Variances, Amendments, and Revisions to the PROGRAM › Section 22-100

Current through June 25, 2024
The Commission may from time to time make revisions to these
				  rules, regulations, and procedures.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 23 - RULES AND REGULATIONS FOR THE COASTAL WETLANDS PROTECTION LAW AND THE MISSISSIPPI COASTAL PROGRAM › Chapter 22 - Adjustments, Variances, Amendments, and Revisions to the PROGRAM › Section 22-101

Current through June 25, 2024
Any revision must be preceded by a notice of a public hearing
				  once a week for three consecutive weeks in a newspaper having general
				  circulation throughout the affected area. The first notice must appear at least
				  thirty days prior to the hearing date. Notice must also be provided to the
				  Coastal Program Agencies at least forty-five (45) days prior to approval of the
				  proposed change. Copies of the proposed revision must be made available at the
				  Department when the public hearing notice is first published.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 23 - RULES AND REGULATIONS FOR THE COASTAL WETLANDS PROTECTION LAW AND THE MISSISSIPPI COASTAL PROGRAM › Chapter 22 - Adjustments, Variances, Amendments, and Revisions to the PROGRAM › Section 22-102

Current through June 25, 2024
Where the proposed revision concerns the regulated activity
				  in M.C.A. §
									49-27-5(c)(v),
				  the Department must serve a copy of the proposed revision upon the board of
				  supervisors and port authority, development commission, or port and harbor
				  commission in Hancock, Harrison, and Jackson Counties at least sixty (60) days
				  prior to the public hearing.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 23 - RULES AND REGULATIONS FOR THE COASTAL WETLANDS PROTECTION LAW AND THE MISSISSIPPI COASTAL PROGRAM › Chapter 22 - Adjustments, Variances, Amendments, and Revisions to the PROGRAM › Section 22-103

Current through June 25, 2024
Following the public hearing, the Commission will consider
				  the proposed revision in light of comments made at the public hearing, and may
				  make changes as it deems appropriate.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 23 - RULES AND REGULATIONS FOR THE COASTAL WETLANDS PROTECTION LAW AND THE MISSISSIPPI COASTAL PROGRAM › Chapter 22 - Adjustments, Variances, Amendments, and Revisions to the PROGRAM › Section 22-104

Current through June 25, 2024
Before becoming effective, any revision must be published at
				  least once a week for three (3) consecutive weeks in a newspaper having general
				  circulation throughout the State of Mississippi and must be filed with the
				  Secretary of State at least thirty (30 days prior to its effective
				  date.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 23 - RULES AND REGULATIONS FOR THE COASTAL WETLANDS PROTECTION LAW AND THE MISSISSIPPI COASTAL PROGRAM › Chapter 22 - Adjustments, Variances, Amendments, and Revisions to the PROGRAM › Section 22-105

Current through June 25, 2024
The Commission may make revisions to these rules,
				  regulations, guidelines and procedures (including the Coastal Wetlands Use
				  Plan) without the federal government's approval under the Coastal Zone
				  Management Act of 1972, as amended. However, federal approval of revisions is
				  desirable so that the revisions may be enforced through the federal consistency
				  provisions of Section 307 of the Act, and so that financial assistance may be
				  secured to implement the revisions.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 23 - RULES AND REGULATIONS FOR THE COASTAL WETLANDS PROTECTION LAW AND THE MISSISSIPPI COASTAL PROGRAM › Chapter 22 - Adjustments, Variances, Amendments, and Revisions to the PROGRAM › Section 22-106

Current through June 25, 2024
Parties other than the Commission desiring to revise or
				  contest the making of any rule, regulation, guideline, or procedure must
				  observe the following procedures. Proposed revisions or contests must be filed
				  with the Department in writing, along with any explanatory material deemed
				  appropriate by the party requesting the change. The Department will evaluate
				  the proposed revision and report its findings to the Commission. The Commission
				  will determine whether the proposed revisions, or some variation thereof, have
				  merit. It may then institute the procedure for revisions. If the Commission
				  declines to implement a requested change, the party requesting the change will
				  be notified of that decision and the reasons thereof
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 23 - RULES AND REGULATIONS FOR THE COASTAL WETLANDS PROTECTION LAW AND THE MISSISSIPPI COASTAL PROGRAM › Chapter 22 - Adjustments, Variances, Amendments, and Revisions to the PROGRAM › Section 22-107

Current through June 25, 2024
The Commission may issue corrections to these rules,
				  regulations, guidelines, and procedures without public hearing by carrying out
				  the requirements above. Corrections are limited to obvious compilation errors,
				  errors in cross references, and changes in nomenclature.
Mississippi Administrative Code › Title 22 - MISSISSIPPI DEPARTMENT OF MARINE RESOURCES › Part 23 - RULES AND REGULATIONS FOR THE COASTAL WETLANDS PROTECTION LAW AND THE MISSISSIPPI COASTAL PROGRAM › Chapter 23 - Administrative Procedures › Section 22-23-23-100

Current through June 25, 2024
Each chapter and subchapter of this Part is separable. If any
				  chapter, subchapter or part is held invalid or unconstitutional, the balance of
				  the Part remains in full force and effect.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 1 - Introduction › Rule 23-100-1.1 - History and Legal Base

Current through June 25, 2024
A. Title XIX of the
				Social Security Act, enacted in 1965, provides authority for states to
				establish Medicaid programs to provide medical assistance to needy individuals.
				The program is jointly financed by federal and state governments and
				administered by states. Within broad federal rules, each state decides eligible
				groups, types and range of services, payment levels for services, and
				administrative and operating procedures. Payments for services are made
				directly by the state to the providers that furnish the services.
B. The Mississippi Legislature passed
				enabling legislation for the Medicaid program during a special session in 1969.
				Funds were appropriated, and the Mississippi Medicaid Commission was designated
				as the single state agency to administer the program.
C. From 1969 to 1973, the State Department of
				Public Welfare (DPW) determined Medicaid eligibility. During this period, DPW
				authorized money payments for the aged, blind and disabled (ABD) as well as
				dependent children.
Miss. Code Ann. §
										43-13-101 et.
				  seq.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 1 - Introduction › Rule 23-100-1.2 - Supplemental Security Income (SSI) Program

Current through June 25, 2024
A. In 1972, the
				United States Congress passed amendments to the Social Security Act
				establishing the Supplemental Security Income (SSI) Program for the aged, blind
				and disabled (ABD) individuals. The Missisisppi Legislature amended its code to
				specify that State Department of Public Welfare (DPW) would no longer determine
				eligibility for a monthly payment for ABD-designated r
				beneficiaries..
B. Under the Social
				Security Act amendments, states had the option to either grant Medicaid to all
				persons receiving SSI or to grant Medicaid to persons who met more restrictive
				criteria as determined individually by states. The Mississippi Legislature
				voted to limit Medicaid eligibility to persons who met more restrictive
				criteria and to designate the DPW as the certifying agency for
				Medicaid.
C. During the 1980
				Session, the Mississippi Legislature extended Medicaid coverage to all
				individuals receiving SSI. In addition, SSI criteria would be used to determine
				eligibility for all ABD individuals. During the 1981 Session, the Mississippi
				Legislature designated the Mississippi Medicaid Commission to make Medicaid
				determinations for ABD individuals.
Regional Medicaid offices opened in July 1981 to assess
				  eligibility of ABD individuals who did not receive SSI.
42 U.S.C. §
											1382 et seq.,
				  Pub. L.
				  92-603, Miss. Code Ann. §
										43-13-115
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 1 - Introduction › Rule 23-100-1.3 - Current Structure

Current through June 25, 2024
A. During the 1984
				Session, the Mississippi Legislature designated the Division of Medicaid in the
				Office of the Governor as the single state agency authorized to administer the
				Medicaid Program.
B. After the
				Division of Medicaid's designation, the Mississippi Department of Human
				Services (MDHS, formerly known as Department of Public Welfare) continued to
				determine eligibility for Medicaid Programs for children and families. In 1999,
				MDHS acquired the authority to determine eligibility for the Children's Health
				Insurance Program (CHIP).
C. During
				the 2004 Session, the Mississippi Legislature expanded the Division of
				Medicaid's eligibility jurisdiction, making the Division of Medicaid
				additionally responsible for determining initial and ongoing eligibility for
				all children, families, and pregnant women. The transition of the Families,
				Children and CHIP (FCC) programs from MDHS to the Division of Medicaid was
				effective January 1, 2005. MDHS remained the certifying agency for children
				under Title IV-E services and other related custody and adoption assistance
				programs and those eligible for Medicaid coverage under the Refugee
				Resettlement Program.
D. During the
				2012 Session, the Mississippi Legislature transferred the existing contract for
				insurance services for CHIP from the State and School Employees Health
				Insurance Management Board to the Division of Medicaid effective January 1,
				2013.
E. The Mississippi
				Legislature created the Department of Child Protection Services (CPS) during
				the 2016 Session, making CPS Mississippi's lead child welfare agency. Effective
				July 1, 2016, CPS became responsible for Medicaid certifications for children
				in its custody who qualify for Medicaid, and children under Title IV-E services
				and other related custody and adoption assistance programs and those eligible
				for Medicaid coverage under the Refugee Resettlement Program.
F. During the 2018 Session, the Mississippi
				Legislature made CPS a sub-agency of MDHS. CPS remains independent of MDHS, but
				was housed within DHS to increase efficiency through the sharing of resources,
				such as system support and other related administrative functions.
Miss. Code Ann.
				  §§
										41-86-9,
				  41-86-15,
				  43-13-101 et
				  seq., 43-13-115, 43-26-1
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 2 - Agency Duties › Rule 23-100-2.1 - Duties of the Division of Medicaid

Current through June 25, 2024
The duties of the Division of Medicaid Agency are set out by
				  State and Federal legislation and the approved Mississippi State Plan include,
				  but are not limited to:
A. Setting
				regulations and standards for the administration of the Medicaid programs, with
				approval from the Governor, and in accordance with the Administrative
				Procedures Law. [Refer to Miss. Admin. Code Part 100, Rule
				9.3 ]
B. Providing Medicaid coverage to all
				qualified beneficiaries under the provisions of state law and within
				appropriated funds.
C. Establishing
				reasonable fees, charges and rates for medical services, drugs, equipment and
				supplies
D. Conducting fair and
				impartial hearings.
E. Safeguarding
				the confidentiality of records.
F.
				Detecting and investigating alleged violations, and addressing fraudulent
				practices and abuses of the program.
G. Receiving and expending funds for the
				program.
H. Submitting a state plan
				for Medicaid in accordance with state and federal regulations.
I. Preparing and distributing required
				reports to the state and federal government.
J. Defining and determining the scope,
				duration, and amount of Medicaid coverage.
K. Cooperating and contracting with other
				state agencies for the purpose of administrating the Medicaid
				program.
L. Bringing suit in its
				own name.
M. Recovering incorrect
				beneficiary or provider payments including recovery of beneficiary or provider
				state tax refunds of beneficiaries or providers.
N. Establishing and providing methods of
				administration for the operation of the Medicaid program.
O. Contracting with the federal government to
				provide Medicaid coverage for certain refugees.
P. Entering into an agreement with the
				federal health insurance marketplace as necessary to fulfill the requirements
				of federal healthcare laws relating to insurance affordability programs that
				include Medicaid, CHIP and subsidies for insurance coverage through a federal
				marketplace, effective January, 2014.
42
				  C.F.R. §
											435.1200; Miss. Code Ann.
				  §
										43-13-121..
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 2 - Agency Duties › Rule 23-100-2.2 - Duties of the Department of Child Protection Services (CPS)

Current through June 25, 2024
A.
				The duties of the Child Protection Services (CPS) with regard to Medicaid
				include, but are not limited to:
1. Providing
				the opportunity for persons to apply for Medicaid benefits through all foster
				care and refugee programs.
2.
				Determining eligibility for foster children and adoption assistance-related
				Medicaid applicants, certifying eligible children, and notifying the
				appropriate individuals of eligibility decisions certified by CPS
3. Renewing foster care and adoption
				assistance Medicaid eligibility at required intervals.
4. Providing the opportunity for filing
				appeals.
5. Identifying and
				reporting third-party resources for foster care and adoption assistance
				beneficiaries to the Division of Medicaid.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 3 - Rights of Applicants and Beneficiaries › Rule 23-100-3.1 - Opportunity to Apply

Current through June 25, 2024
Any individual, who requests assistance, including those who
				  are clearly ineligible, must be allowed to apply without delay. The Division of
				  Medicaid must make a reasonable effort to assist the applicant in establishing
				  eligibility.
42 C.F.R. §§
											435.906,
				  435.908
				  (Rev. .
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 3 - Rights of Applicants and Beneficiaries › Rule 23-100-3.2 - Civil Rights and Non-Discrimination

Current through June 25, 2024
The Division of Medicaid complies with all state and federal
				  policies which prohibit discrimination on the basis of race, age, sex, national
				  origin, handicap or disability as defined through the Americans with
				  Disabilities Act of 1990, the Rehabilitation Act of 1973 and the Civil Rights
				  Act of 1964. All complaints of discrimination will be investigated in
				  accordance with state and federal laws and regulations.
42 C.F.R. §
											435.901.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 3 - Rights of Applicants and Beneficiaries › Rule 23-100-3.3 - Access to Information

Current through June 25, 2024
A. The beneficiary
				or their authorized representative may have access to information in the
				eligibility case record to either review the file or request copies of
				information from the file, in certain situations and under specified conditions
				as required by the Health Insurance Portability and Accountability Act (HIPAA)
				of 1996. The privacy restrictions for protected health information (PHI) under
				HIPAA are specific regarding the disclosure of information to and on behalf of
				a Medicaid beneficiary. Privacy policies and procedures for all disclosures and
				the authorization forms required prior to the release of case record
				information are located in the HIPAA Privacy Policies Manual and the HIPAA
				Privacy Procedures Manual.
B. The
				HIPAA Privacy Procedures Manual outlines requirements for the release of
				information, with or without consent of the beneficiary, and the type and
				amount of information that is allowed to be released to or for:
1. A Medicaid beneficiary.
2. A Personal Representative of a beneficiary
				as defined by HIPAA.
3. A legal
				representative of a beneficiary.
4.
				A parent or guardian of a minor child.
5. Law enforcement agencies or
				officials.
6. Public
				authorities.
7. A judicial or
				administrative hearing.
8. Federal
				or state agencies.
9. Audits or
				compliance reviews.
10. Legislators
				or elected officials.
11. Providers
				and their contractors.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 3 - Rights of Applicants and Beneficiaries › Rule 23-100-3.4 - Confidentiality of Information

Current through June 25, 2024
All individuals have the right to a confidential relationship
				  with the Division of Medicaid. All information maintained about current and
				  former beneficiaries and current and denied applicants is confidential and must
				  be safeguarded. The Division of Medicaid adheres to state laws and federal
				  regulations regarding the protection of the confidentiality of information
				  about applicants and beneficiaries. Protected information may only be disclosed
				  without the individual's authorization in accordance with the Health Insurance
				  Portability and Accountability Act (HIPAA) of 1996.
42 C.F.R. § 431.
				  300 et seq.; 45 C.F.R. Parts 160, 164. Miss. Code Ann. §§
										43-13-117,
				  43-13-121.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 3 - Rights of Applicants and Beneficiaries › Rule 23-100-3.5 - Protected Health Information

Current through June 25, 2024
A. Protected Health
				Information (PHI) is information created or received by the Division of
				Medicaid that identifies an individual or for which there is a reasonable basis
				to believe an individual can be identified, is transmitted or maintained by
				electronic media or in any other form, with the exception of any such records
				held by the Division of Medicaid in its role as an employer or regarding a
				person who has been deceased for more than 50 years, and relates to the
				following:
1. The past, present, or future
				physical or mental health or condition of an individual,
2. The provision of health care to an
				individual, or
3. The past,
				present, or future payment for the provision of health care to an
				individual;
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 3 - Rights of Applicants and Beneficiaries › Rule 23-100-3.6 - Release of Program Information

Current through June 25, 2024
The Division of Medicaid releases program information for the
				  purposes of informing the public and conducting necessary business in
				  accordance with all applicable privacy laws. The release of such information
				  includes, but is not limited to:
A.
				The annual report of the Division of Medicaid, published pursuant to state law,
				containing the total number of beneficiaries, the total amount paid for medical
				assistance and care, the total number of applications, the total number of
				applications approved and denied, and similar data.
B. Pamphlets, brochures and other documents
				prepared for distribution to the public.
C. Information exchanged with other state or
				federal agencies pursuant to a contract or written agreement.
Miss. Code Ann. §
										43-13-121
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 3 - Rights of Applicants and Beneficiaries › Rule 23-100-3.7 - Safeguarding Confidential Information

Current through June 25, 2024
A. Privacy laws
				protect electronic records, paper records and oral communication. Employees of
				the Division of Medicaid are responsible for safeguarding the confidentiality
				of applicant and beneficiary information in all forms to prevent unauthorized
				disclosure.
B. Failure to abide by
				the policies and procedures regarding confidentiality of applicant and
				beneficiary information, either intentionally or unintentionally, can result in
				disciplinary action. In addition, any violation of privacy and security
				policies and procedures may be referred to state and/or federal agencies for
				prosecution.
42 C.F.R. §
											435.901; 45 C.F.R. Parts 160,
				  164.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 3 - Rights of Applicants and Beneficiaries › Rule 23-100-3.8 - Privacy and Security Training

Current through June 25, 2024
A. The Division of
				Medicaid ensures that all workforce members receive training regarding the
				privacy and security requirements of applicable state and federal laws, as well
				as the privacy and security policies and procedures of the the Division. In
				addition, all workforce members are trained how to identify, report, and
				prevent potential privacy and security incidents.
B. Privacy and security training is ongoing
				throughout an employe's tenure with the Division of Medicaid and includes, but
				is not limited to, training in relevant Health Insurance Portability and
				Accountability Act of 1996 (HIPAA) mandates and periodic security reminders.
45 C.F.R Parts 160,
				  164.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 3 - Rights of Applicants and Beneficiaries › Rule 23-100-3.9 - Safeguarding Confidential Information

Current through June 25, 2024
A. The privacy rule
				protects electronic records, paper records and oral communication. Therefore,
				employees of the agency are responsible for safeguarding the confidentiality of
				recipient information in all forms to prevent unauthorized
				disclosure.
B. Failure to abide by
				the policies and procedures regarding confidentiality of recipient and
				applicant information, either intentionally or unintentionally, can result in
				disciplinary action. Group offenses are discussed in the Division of Medicaid
				Employee Manual under Discipline and Grievance Policies. In addition, any
				violation of privacy and security policies and procedures may be referred to
				state or federal agencies for prosecution.
42 CFR §435.901
				  (Rev. 1994).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 3 - Rights of Applicants and Beneficiaries › Rule 23-100-3.10 - Safeguard Awareness Training

Current through June 25, 2024
A. Training on the
				security standards for data provided by the Internal Revenue Service (IRS) and
				Social Security Administration (SSA) must be conducted annually for eligibility
				staff in each regional office.
B.
				During the training employees are instructed in office security procedures to
				ensure security of the data and are issued a copy of the federal penalties for
				unauthorized disclosure of IRS and SSA information.
C. A confidentiality statement for each type
				of data is signed by employees.
42 CFR §435.901
				  (Rev. 1994). Miss. Code Ann. 43-13-121.1 (Rev.
				  2005).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 4 - Right to Appeal and Fair Hearing › Rule 23-100-4.1 - Appeal Rights

Current through June 25, 2024
A. At the time of
				any action affecting an applicant or recipients claim for assistance, the
				applicant or recipient must be:
1. Informed of
				his right to a fair hearing;
2.
				Notified of the method by which he may obtain a hearing, and
3. Informed of his right to represent himself
				at the hearing or to be represented by an authorized person such as an
				attorney, relative, friend, or other spokesperson.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 4 - Right to Appeal and Fair Hearing › Rule 23-100-4.2 - Notification Regarding Appeal Rights

Current through June 25, 2024
A. If an interview
				is conducted, the right to appeal must be discussed with the
				applicant/recipient. In addition, individuals are notified of appeal rights by
				statements included on the ABD and FCC application forms and on all notices. A
				hearings pamphlet is included with adverse action notices informing clients of
				the right to appeal and providing other information about the hearings process.
				These pamphlets are also available for distribution in regional
				offices.
42 CFR §431.210
				  (Rev. 1992). Miss. Code Ann. 43-13-121.1 (Rev.
				  2005).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 5 - The Hearing Process › Rule 23-100-5.1 - Hearings Defined

Current through June 25, 2024
A. A fair hearing
				is an orderly, but informal meeting in which a client or his representative is
				afforded an opportunity to address an impartial hearing officer for the purpose
				of presenting oral testimony and/or evidence of his entitlement to medical
				assistance and services.
B. The
				applicant or recipient has the right of confrontation and cross-examination as
				described further in this section.
C. A fair hearing is a
de novo
				hearing
which means it starts over from the beginning. A new
				determination of the clients eligibility is made based on all the evidence that
				can be secured, without regard to whether the evidence was available at the
				time the regional office took action. Thus, the process is not essentially
				different from a determination of eligibility.
42 CFR §431.201
				  (Rev. 2002).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 5 - The Hearing Process › Rule 23-100-5.2 - Types of Hearings

Current through June 25, 2024
A. The client or
				his representative may request to present an appeal through a local-level
				hearing, a state-level hearing, or both. In an attempt to resolve issues at the
				lowest level possible, offices should encourage clients to request a local
				hearing first. The only exception to requesting a local hearing is when the
				issue under appeal involves disability, blindness or level of care. Therefore,
				the actions below which involve medical decisions cannot be addressed in a
				local hearing. A state hearing must be requested for:
1. A disability or blindness denial, or
				termination, or
2. A level of care
				denial or termination for a Disabled Child Living at Home.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 5 - The Hearing Process › Rule 23-100-5.3 - Handling Local Hearing Requests

Current through June 25, 2024
A. An appeal will
				ordinarily be filed in the regional office responsible for the adverse decision
				or delay in action. If the client has moved to another regional offices
				jurisdiction at the time the appeal is made, it is possible for the regional
				office serving the clients current county of residence to act for the former
				regional office. However, the hearing officer may request the participation of
				staff in the regional office where the action was originally taken if necessary
				or advisable.
Miss. Code Ann. §
				  43-13-116.3 (Rev. 2000).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 5 - The Hearing Process › Rule 23-100-5.4 - Representation

Current through June 25, 2024
A. The request for a state or local hearing
				must be made in writing by the client or his legal representative.
B.
Legal representative
includes the clients authorized representative, an attorney retained to
				represent the client, a paralegal representative with a legal aid service, the
				parent of a minor child (if the client is a child), a legal guardian or
				conservator or an individual with power of attorney for the client.
C. The client may be represented by anyone he
				designates. If the client elects to be represented by someone other than a
				legal representative, he must designate the person in writing. If a person,
				other than a legal representative, states that the client has designated him as
				the clients representative and the client has not provided written verification
				to this effect, the regional office will ask the person to obtain written
				designation from the client.
42 CFR §431.206(b)
				  (Rev. 1993).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 5 - The Hearing Process › Rule 23-100-5.5 - Oral Hearing Requests

Current through June 25, 2024
A. An oral request
				for a hearing must be put in written form. When an oral request is made, the
				specialist will inform the client that the request must be put in a letter or
				signed statement and mailed to the regional office
or
the
				specialist will mail the appropriate hearing request form, i.e., DOM 350,
				Request for Local Hearing, or DOM 352, Request for State Hearing, to the client
				for signature and return.
B. A
				hearing will not be scheduled until a written request is received by either the
				regional or state office.
Miss. Code Ann. §
				  43-13-116.3 (Rev. 2000).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 5 - The Hearing Process › Rule 23-100-5.6 - Written Hearing Requests

Current through June 25, 2024
A. A simple
				statement requesting a hearing that is signed by the client or his legal
				representative is sufficient; however, if possible, the client should state the
				reason for the request.
B. The
				written request may be mailed to the regional office or state office. If the
				letter does not specify the type of hearing desired, the specialist will
				contact the person making the request to determine whether a local or a state
				hearing is being requested. If contact cannot be made within three (3) days of
				receipt of the hearing request, the regional office will assume a local hearing
				is requested and schedule accordingly.
C. If the hearing involves a medical
				decision, which requires that a state hearing be held or if a state hearing is
				requested, the request will be forward to the Bureau of Appeals.
42 CFR §431.201
				  (Rev. 2002).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 5 - The Hearing Process › Rule 23-100-5.7 - Hearing Requests Made In Person

Current through June 25, 2024
A. The client may
				come to the regional office or meet with a specialist in person to request a
				hearing. The specialist must first determine what level of hearing, local or
				state, is desired.
B. If a state
				level hearing is
required
because the hearing request is based
				on a medical decision, this will be explained to the client. Otherwise, if the
				client is unsure of the type hearing desired, the specialist will explain the
				difference between the two levels of appeal and explain a state hearing may
				still be available if the local hearing decision is not favorable. The
				specialist will assist the client in completing the appropriate form, DOM-350
				or DOM 352, whichever is applicable. If a state hearing is required or
				requested, the specialist can assist in mailing the request to state office or
				the client may choose to mail it himself.
Miss. Code Ann. §
				  43-13-116.3 (Rev. 2000).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 5 - The Hearing Process › Rule 23-100-5.8 - Appeal By Both Members Of A Couple

Current through June 25, 2024
A. When both
				members of an eligible couple wish to dispute the action or inaction of the
				regional office that affects both applications and cases similarly and arose
				from the same issue, one or both members may file the request for a hearing.
				The couple will be assured that both may present evidence at the hearing and
				that the agency's decision will be applicable to both.
B. If both file a hearing request, two
				hearings will be registered, but they will be conducted on the same day and in
				the same place, either consecutively or jointly, according to the wishes of the
				couple. If it is their wish for only one of them to attend the hearing, this is
				permissible.
Miss. Code Ann. §
				  43-13-116.3 (Rev. 2000).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 5 - The Hearing Process › Rule 23-100-5.9 - Time Limit For Filing A Hearing Request

Current through June 25, 2024
A. The client has
				thirty (30) days from the date the appropriate notice is mailed to request
				either a local or state hearing. This thirty (30) day filing period may be
				extended if the client can show good cause for not filing within thirty (30)
				days.
B. Good cause includes, but
				may not be limited to, illness, failure to receive the notice, being out of
				state, or some other reasonable explanation. If good cause can be shown, a late
				hearing request may be accepted, provided the facts in the case remain the
				same. However, if a clients circumstances have changed or if good cause for
				filing a request beyond thirty (30) days does not exist, a hearing request will
				not be accepted. If the client wishes to have his eligibility reconsidered, he
				may reapply.
Source; Miss. Code
				  Ann. § 43-13-116.3 (Rev. 2000).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 5 - The Hearing Process › Rule 23-100-5.10 - Timeframe for Holding Local or State Hearings

Current through June 25, 2024
A. The Division
				of Medicaid must take final administrative action on a hearing, whether state
				and/or local, within ninety (90) days of the date of the initial request for a
				hearing. Although regulations allow ninety (90) days, the agency will make
				every effort to hold hearings promptly and render decisions in a shorter
				timeframe.
Miss. Code Ann. §
				  43-13-116.3 (Rev. 2000).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 5 - The Hearing Process › Rule 23-100-5.11 - Scheduling the Hearing

Current through June 25, 2024
A. If a local
				hearing is requested the regional office will notify the client or
				representative in writing of the time and date of the local hearing. If a state
				hearing is requested, the hearing facilitator assigned to the case will notify
				the appropriate person in writing of the time and date of the state hearing.
				The notice scheduling the time and date of a state or local hearing must be
				mailed to the client at least five (5) days before the day the hearing is
				scheduled. A hearing pamphlet will be included with the letter scheduling
				either a local or state hearing.
Miss. Code Ann. §
				  43-13-116.3 (Rev. 2000).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 5 - The Hearing Process › Rule 23-100-5.12 - Attendance at the Hearing

Current through June 25, 2024
A. A state or local
				hearing is not open to the public. All persons attending the hearing will
				attend for the purpose of giving information on behalf of the claimant or
				rendering him assistance in some other way, or for the purpose of representing
				the Division of Medicaid. All persons attending the hearing will be asked to
				give information pertinent to the issues under consideration.
Miss. Code Ann. §
				  43-13-116.3 (Rev. 2000).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 5 - The Hearing Process › Rule 23-100-5.13 - Withdrawn or Abandoned Hearings

Current through June 25, 2024
A. The hearing
				process is initiated by a written request and can be terminated only by a
				written statement in which the client or representative withdraws the request
				for a hearing.
B. A state or local
				hearing request may be withdrawn at any time prior to the scheduled hearing or
				after the hearing is held, but before a decision is rendered. As indicated, the
				withdrawal must be in writing and signed by the client or
				representative.
C. A hearing
				request will be considered abandoned if the client or representative fails to
				appear or is unavailable for a scheduled hearing without good cause. If no one
				is available for a hearing, the appropriate office will notify the client in
				writing that the hearing is dismissed unless good cause is shown for not
				attending. Following failure to appear for a hearing, the proposed adverse
				action will be taken on the case if the action is not already in
				effect.
Miss. Code Ann. §
				  43-13-116.3 (Rev. 2000).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 5 - The Hearing Process › Rule 23-100-5.14 - Rights of the Client

Current through June 25, 2024
A. The client or
				his representative has the following rights in connection with a local or state
				hearing:
1. The right to examine at a
				reasonable time before the date of the hearing and during the hearing the
				contents of the applicant or recipients case record. the right to have legal
				representation at the hearing and to bring witnesses.
2. The right to produce documentary evidence
				and establish all pertinent facts and circumstances concerning
				eligibility.
3. The right to
				present an argument without undue interference and to question or refute
				testimony or evidence, including an opportunity to confront and cross-examine
				adverse witnesses.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 5 - The Hearing Process › Rule 23-100-5.15 - Group Hearings

Current through June 25, 2024
A. A group hearing
				can be held for a number of clients under the following circumstances:
1. The Division of Medicaid may consolidate
				the cases and conduct a single group hearing when the only issue involved is
				one of a single law or agency rule.
2. The clients may request a group hearing
				when there is one issue of agency rule common to all of them.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 100 - General Provisions › Chapter 5 - The Hearing Process › Rule 23-100-5.16 - SSI Recipients

Current through June 25, 2024
A. In Mississippi,
				persons who are eligible for SSI are automatically eligible for Medicaid. If an
				SSI applicant or recipient disagrees with the decision to deny or terminate SSI
				benefits, the individual must contact the Social Security Office which issued
				the adverse action.
B. Social
				Security handles appeals when the issue is SSI benefits and automatic Medicaid
				eligibility.
Miss. Code Ann. §
				  43-13-116.3 (Rev. 2000).