Senate Concurrent Resolution 535

(As Adopted by Senate and House)

A CONCURRENT RESOLUTION SUSPENDING THE DEADLINES AND OTHER PROVISIONS OF JOINT RULE NO. 40 FOR THE PURPOSE OF THE FURTHER CONSIDERATION AND PASSAGE OF SENATE BILL NO. 2799, 2021 REGULAR SESSION, ENTITLED "AN ACT RELATING TO THE MISSISSIPPI MEDICAID PROGRAM; TO AMEND SECTION 43-13-117, MISSISSIPPI CODE OF 1972, RELATING TO REIMBURSEMENT FOR CARE AND SERVICES UNDER THE MEDICAID PROGRAM; TO DELETE CERTAIN OUTDATED PROVISIONS RELATING TO REIMBURSEMENT OF INPATIENT HOSPITAL SERVICES; TO PROVIDE THAT MEDICAID IS AUTHORIZED TO MAKE PARTIAL PAYMENTS FOR NURSING SERVICES; TO PROVIDE FOR NURSING FACILITY REIMBURSEMENT FOR HOME LEAVE DAYS; TO DELETE CERTAIN OUTDATED PROVISIONS RELATING TO REIMBURSEMENT OF NURSING FACILITY SERVICES; TO PROVIDE FOR REIMBURSEMENT FOR FEES FOR PHYSICIAN SERVICES COVERED ONLY BY MEDICAID; TO AUTHORIZE THE DIVISION TO REIMBURSE OBSTETRICIANS AND GYNECOLOGISTS FOR CERTAIN PRIMARY CARE SERVICES AT 100% OF THE MEDICARE RATE; TO DELETE THE PROVISION THAT REQUIRES THE DIVISION TO ALLOW PHYSICIAN-ADMINISTERED DRUGS TO BE BILLED AND REIMBURSED AS A MEDICAL CLAIM OR PHARMACY POINT-OF-SALE; TO PROVIDE THAT THE DIVISION SHALL MAKE PARTIAL PAYMENTS, AS DETERMINED BY THE DIVISION, TO INTERMEDIATE CARE FACILITY SERVICES AND TO DELETE CERTAIN PROVISIONS RELATING TO FAIR RENTAL REIMBURSEMENT FOR SUCH FACILITIES; TO DEFINE CLINIC SERVICES AS IT RELATES TO THE REIMBURSEMENTS BY MEDICAID FOR THOSE SERVICES; TO AUTHORIZE MEDICAID REIMBURSEMENT FOR THERAPEUTIC AND CASE MANAGEMENT MENTAL HEALTH SERVICES PROVIDED BY SERVICE PROVIDERS ACCREDITED BY THE JOINT COMMISSION OR CERTAIN OTHER ACCREDITING AGENCIES; TO PROVIDE THAT MEDICAID MAY ESTABLISH AN UPPER PAYMENT LIMITS PROGRAM FOR AMBULANCE TRANSPORTATION AND ASSESS PROVIDERS OF SUCH SERVICE; TO REQUIRE THE DIVISION OF MEDICAID TO RECOGNIZE FEDERALLY QUALIFIED HEALTH CENTERS (FQHC), RURAL HEALTH CLINICS (RHC) AND COMMUNITY MENTAL HEALTH CENTERS (CMHC) AS BOTH AN ORIGINATING AND DISTANT SITE PROVIDER FOR THE PURPOSES OF TELEHEALTH REIMBURSEMENT; TO DELETE THE PROVISIONS RELATING TO MEDICAID'S DEVELOPMENT OF AN ALTERNATIVE MODEL FOR DISTRIBUTION OF MEDICAL CLAIMS AND SUPPLEMENTAL PAYMENTS FOR SERVICES; TO AUTHORIZE REIMBURSEMENT FOR CERTAIN PSYCHIATRIC SERVICES; TO CLARIFY THE REIMBURSEMENT OF PEDIATRIC SKILLED NURSING SERVICES, INPATIENT PSYCHIATRIST SERVICES AND NONEMERGENCY TRANSPORTATION SERVICES; TO DELETE THE PROVISION THAT REQUIRES MEDICAID TO REIMBURSE CROSSOVER CLAIMS FOR INPATIENT HOSPITAL SERVICES AND THOSE UNDER MEDICARE PART B; TO DELETE CERTAIN PROVISIONS RELATING TO THE REIMBURSEMENT OF PHYSICIAN ASSISTANT SERVICES; TO PROVIDE THAT THE DIVISION MAY ESTABLISH COPAYMENTS AND COINSURANCE FOR ANY MEDICAID SERVICES; TO ALLOW THE DIVISION TO USE ENHANCED REIMBURSEMENTS AND UPPER PAYMENT LIMIT PROGRAMS FOR ITS REIMBURSEMENT PROGRAM; TO AUTHORIZE REIMBURSEMENT FOR A BARIATRIC SURGERY PROGRAM; TO DELETE THE PROVISION THAT REQUIRES MEDICAID TO REDUCE THE RATE OF REIMBURSEMENT TO CERTAIN PROVIDERS FOR SERVICES BY 5% OF THE ALLOWED AMOUNT FOR THAT SERVICE; TO REQUIRE PROVIDERS TO MAINTAIN RECORDS AS PRESCRIBED BY THE DIVISION AND IN ACCORDANCE WITH FEDERAL LAW; TO DELETE CERTAIN ENROLLMENT LIMITATIONS AND PROVISIONS RELATING TO MANAGED CARE PROGRAMS; TO ALLOW THE DIVISION OF MEDICAID TO APPROVE THE USE OF ALTERNATIVE PAYMENT MODELS FOR REIMBURSEMENT RATES; TO CLARIFY LIMITATIONS ON MEDICAID ELIGIBILITY FOR ENROLLMENT IN MANAGED CARE PROGRAMS; TO DELETE THE PROVISIONS THAT PROVIDE FOR THE COMMISSION ON EXPANDING MEDICAID MANAGED CARE; TO REQUIRE CONTRACTORS RECEIVING PAYMENTS UNDER A MANAGED CARE DELIVERY SYSTEM TO DISCLOSE TO THE CHAIRMEN OF THE SENATE AND HOUSE MEDICAID COMMITTEES THE ADMINISTRATIVE EXPENSES FOR THE PRIOR YEAR, AND THE NUMBER OF EMPLOYEES IN MISSISSIPPI WHO ARE DEDICATED TO MEDICAID AND CHIP LINES OF BUSINESS AS OF JUNE 30 OF EACH YEAR; TO PROVIDE FOR REVIEWS OF THE MANAGED CARE PROGRAMS BY THE STATE AUDITOR; TO REQUIRE THAT ALL MANAGED CARE CONTRACTORS SHALL DEVELOP AND IMPLEMENT A UNIFORM CREDENTIALING PROCESS BY WHICH ALL PROVIDERS ARE CREDENTIALED BY JULY 1, 2022; TO DELETE THE PROVISION THAT THERE SHALL NOT BE CUTS TO INPATIENT AND OUTPATIENT HOSPITAL PAYMENTS; TO EXTEND THE AUTOMATIC REPEALER ON THIS SECTION; TO DIRECT THE DIVISION TO EVALUATE THE FEASIBILITY OF CONTINUING TO ADMINISTER PHARMACY BENEFITS UNDER FEE-FOR-SERVICE AND DENTAL BENEFITS UNDER MANAGED CARE; TO DIRECT MANAGED CARE CONTRACTORS TO IMPLEMENT INNOVATIVE PROGRAMS FOR MEMBERS WITH PREDIABETES AND DIABETES; TO AUTHORIZE THE DIVISION TO NEGOTIATE A LIMITATION ON LIABILITY TO THE STATE OF CERTAIN PROSPECTIVE CONTRACTORS; TO AMEND SECTION 43-13-145, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NURSING FACILITIES OPERATED BY THE UNIVERSITY OF MISSISSIPPI MEDICAL CENTER ARE NOT EXEMPT FROM THE ANNUAL ASSESSMENT FOR THE SUPPORT OF THE MEDICAID PROGRAM, TO DELETE CERTAIN TECHNICAL PROVISIONS RELATING TO THE ASSESSMENT AND COLLECTION OF THE HOSPITAL ASSESSMENT, TO CLARIFY THE PROCEDURE FOR PAYMENT OF THE HOSPITAL ASSESSMENT FOR THE NONFEDERAL SHARE NECESSARY FOR THE MEDICARE UPPER PAYMENT LIMITS (UPL) PROGRAM AND THE DISPROPORTIONATE SHARE HOSPITAL (DSH) PROGRAM; TO AUTHORIZE AND DIRECT THE DIVISION OF MEDICAID TO PROVIDE UP TO 12 MONTHS OF CONTINUOUS COVERAGE POSTPARTUM FOR ANY INDIVIDUAL WHO QUALIFIES FOR MEDICAID AS A PREGNANT WOMAN TO THE EXTENT ALLOWABLE UNDER FEDERAL LAW; TO EXTEND THE AUTOMATIC REPEALER ON THIS SECTION; TO AMEND SECTION 41-7-191, MISSISSIPPI CODE OF 1972, TO DELETE THE MORATORIUM ON THE AUTHORITY OF THE STATE DEPARTMENT OF HEALTH TO ISSUE A HEALTH CARE CERTIFICATE OF NEED FOR THE CONSTRUCTION OR CONVERSION OF CHILD/ADOLESCENT PSYCHIATRIC OR CHEMICAL DEPENDENCY BEDS PARTICIPATING IN THE MEDICAID PROGRAM AND TO DELETE CERTAIN RESTRICTIONS ON MEDICAID REIMBURSEMENT FOR SUCH BEDS; TO AMEND SECTION 41-75-5, MISSISSIPPI CODE OF 1972, TO DELETE THE RESTRICTION ON POST ACUTE RESIDENTIAL BRAIN INJURY REHABILITATION FACILITIES PARTICIPATION IN THE MEDICAID PROGRAM; TO AMEND SECTION 83-9-353, MISSISSIPPI CODE OF 1972, TO DELETE CERTAIN RESTRICTIONS ON REMOTE PATIENT TELEMONITORING SERVICES; AND SUSPENDING THE DEADLINES AND OTHER PROVISIONS OF JOINT RULE NO. 40 FOR THE PURPOSE OF THE FURTHER CONSIDERATION AND PASSAGE OF HOUSE BILL NO. 1008, 2021 REGULAR SESSION, ENTITLED "AN ACT TO AMEND SECTION 43-13-117, MISSISSIPPI CODE OF 1972, TO MAKE VARIOUS TECHNICAL AMENDMENTS AND REVISIONS TO THE MEDICAID SERVICES AND MANAGED CARE PROVISIONS; TO EXTEND THE DATE OF THE REPEALER ON THIS SECTION; TO AMEND SECTION 43-13-145, MISSISSIPPI CODE OF 1972, TO MAKE SEVERAL TECHNICAL AMENDMENTS AND REVISIONS TO THE MEDICAID ASSESSMENT PROVISIONS; TO DELETE THE DATE OF THE REPEALER ON THIS SECTION; TO AMEND SECTIONS 43-13-107 AND 43-13-117.1, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE MEDICAID PROGRAM, TO MAKE SOME MINOR, NONSUBSTANTIVE CHANGES; TO BRING FORWARD SECTIONS 43-13-103, 43-13-105, 43-13-109, 43-13-113, 43-13-116, 43-13-120, 43-13-121, 43-13-123, 43-13-125 AND 43-13-139, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE MEDICAID PROGRAM, FOR THE PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES."

BE IT RESOLVED BY THE SENATE OF THE STATE OF MISSISSIPPI, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN, THAT all of the deadlines and other provisions imposed by Joint Rule No. 40 are suspended for the purpose of the further consideration and passage of Senate Bill No. 2799, 2021 Regular Session, entitled " AN ACT RELATING TO THE MISSISSIPPI MEDICAID PROGRAM; TO AMEND SECTION 43-13-117, MISSISSIPPI CODE OF 1972, RELATING TO REIMBURSEMENT FOR CARE AND SERVICES UNDER THE MEDICAID PROGRAM; TO DELETE CERTAIN OUTDATED PROVISIONS RELATING TO REIMBURSEMENT OF INPATIENT HOSPITAL SERVICES; TO PROVIDE THAT MEDICAID IS AUTHORIZED TO MAKE PARTIAL PAYMENTS FOR NURSING SERVICES; TO PROVIDE FOR NURSING FACILITY REIMBURSEMENT FOR HOME LEAVE DAYS; TO DELETE CERTAIN OUTDATED PROVISIONS RELATING TO REIMBURSEMENT OF NURSING FACILITY SERVICES; TO PROVIDE FOR REIMBURSEMENT FOR FEES FOR PHYSICIAN SERVICES COVERED ONLY BY MEDICAID; TO AUTHORIZE THE DIVISION TO REIMBURSE OBSTETRICIANS AND GYNECOLOGISTS FOR CERTAIN PRIMARY CARE SERVICES AT 100% OF THE MEDICARE RATE; TO DELETE THE PROVISION THAT REQUIRES THE DIVISION TO ALLOW PHYSICIAN-ADMINISTERED DRUGS TO BE BILLED AND REIMBURSED AS A MEDICAL CLAIM OR PHARMACY POINT-OF-SALE; TO PROVIDE THAT THE DIVISION SHALL MAKE PARTIAL PAYMENTS, AS DETERMINED BY THE DIVISION, TO INTERMEDIATE CARE FACILITY SERVICES AND TO DELETE CERTAIN PROVISIONS RELATING TO FAIR RENTAL REIMBURSEMENT FOR SUCH FACILITIES; TO DEFINE CLINIC SERVICES AS IT RELATES TO THE REIMBURSEMENTS BY MEDICAID FOR THOSE SERVICES; TO AUTHORIZE MEDICAID REIMBURSEMENT FOR THERAPEUTIC AND CASE MANAGEMENT MENTAL HEALTH SERVICES PROVIDED BY SERVICE PROVIDERS ACCREDITED BY THE JOINT COMMISSION OR CERTAIN OTHER ACCREDITING AGENCIES; TO PROVIDE THAT MEDICAID MAY ESTABLISH AN UPPER PAYMENT LIMITS PROGRAM FOR AMBULANCE TRANSPORTATION AND ASSESS PROVIDERS OF SUCH SERVICE; TO REQUIRE THE DIVISION OF MEDICAID TO RECOGNIZE FEDERALLY QUALIFIED HEALTH CENTERS (FQHC), RURAL HEALTH CLINICS (RHC) AND COMMUNITY MENTAL HEALTH CENTERS (CMHC) AS BOTH AN ORIGINATING AND DISTANT SITE PROVIDER FOR THE PURPOSES OF TELEHEALTH REIMBURSEMENT; TO DELETE THE PROVISIONS RELATING TO MEDICAID'S DEVELOPMENT OF AN ALTERNATIVE MODEL FOR DISTRIBUTION OF MEDICAL CLAIMS AND SUPPLEMENTAL PAYMENTS FOR SERVICES; TO AUTHORIZE REIMBURSEMENT FOR CERTAIN PSYCHIATRIC SERVICES; TO CLARIFY THE REIMBURSEMENT OF PEDIATRIC SKILLED NURSING SERVICES, INPATIENT PSYCHIATRIST SERVICES AND NONEMERGENCY TRANSPORTATION SERVICES; TO DELETE THE PROVISION THAT REQUIRES MEDICAID TO REIMBURSE CROSSOVER CLAIMS FOR INPATIENT HOSPITAL SERVICES AND THOSE UNDER MEDICARE PART B; TO DELETE CERTAIN PROVISIONS RELATING TO THE REIMBURSEMENT OF PHYSICIAN ASSISTANT SERVICES; TO PROVIDE THAT THE DIVISION MAY ESTABLISH COPAYMENTS AND COINSURANCE FOR ANY MEDICAID SERVICES; TO ALLOW THE DIVISION TO USE ENHANCED REIMBURSEMENTS AND UPPER PAYMENT LIMIT PROGRAMS FOR ITS REIMBURSEMENT PROGRAM; TO AUTHORIZE REIMBURSEMENT FOR A BARIATRIC SURGERY PROGRAM; TO DELETE THE PROVISION THAT REQUIRES MEDICAID TO REDUCE THE RATE OF REIMBURSEMENT TO CERTAIN PROVIDERS FOR SERVICES BY 5% OF THE ALLOWED AMOUNT FOR THAT SERVICE; TO REQUIRE PROVIDERS TO MAINTAIN RECORDS AS PRESCRIBED BY THE DIVISION AND IN ACCORDANCE WITH FEDERAL LAW; TO DELETE CERTAIN ENROLLMENT LIMITATIONS AND PROVISIONS RELATING TO MANAGED CARE PROGRAMS; TO ALLOW THE DIVISION OF MEDICAID TO APPROVE THE USE OF ALTERNATIVE PAYMENT MODELS FOR REIMBURSEMENT RATES; TO CLARIFY LIMITATIONS ON MEDICAID ELIGIBILITY FOR ENROLLMENT IN MANAGED CARE PROGRAMS; TO DELETE THE PROVISIONS THAT PROVIDE FOR THE COMMISSION ON EXPANDING MEDICAID MANAGED CARE; TO REQUIRE CONTRACTORS RECEIVING PAYMENTS UNDER A MANAGED CARE DELIVERY SYSTEM TO DISCLOSE TO THE CHAIRMEN OF THE SENATE AND HOUSE MEDICAID COMMITTEES THE ADMINISTRATIVE EXPENSES FOR THE PRIOR YEAR, AND THE NUMBER OF EMPLOYEES IN MISSISSIPPI WHO ARE DEDICATED TO MEDICAID AND CHIP LINES OF BUSINESS AS OF JUNE 30 OF EACH YEAR; TO PROVIDE FOR REVIEWS OF THE MANAGED CARE PROGRAMS BY THE STATE AUDITOR; TO REQUIRE THAT ALL MANAGED CARE CONTRACTORS SHALL DEVELOP AND IMPLEMENT A UNIFORM CREDENTIALING PROCESS BY WHICH ALL PROVIDERS ARE CREDENTIALED BY JULY 1, 2022; TO DELETE THE PROVISION THAT THERE SHALL NOT BE CUTS TO INPATIENT AND OUTPATIENT HOSPITAL PAYMENTS; TO EXTEND THE AUTOMATIC REPEALER ON THIS SECTION; TO DIRECT THE DIVISION TO EVALUATE THE FEASIBILITY OF CONTINUING TO ADMINISTER PHARMACY BENEFITS UNDER FEE-FOR-SERVICE AND DENTAL BENEFITS UNDER MANAGED CARE; TO DIRECT MANAGED CARE CONTRACTORS TO IMPLEMENT INNOVATIVE PROGRAMS FOR MEMBERS WITH PREDIABETES AND DIABETES; TO AUTHORIZE THE DIVISION TO NEGOTIATE A LIMITATION ON LIABILITY TO THE STATE OF CERTAIN PROSPECTIVE CONTRACTORS; TO AMEND SECTION 43-13-145, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT NURSING FACILITIES OPERATED BY THE UNIVERSITY OF MISSISSIPPI MEDICAL CENTER ARE NOT EXEMPT FROM THE ANNUAL ASSESSMENT FOR THE SUPPORT OF THE MEDICAID PROGRAM, TO DELETE CERTAIN TECHNICAL PROVISIONS RELATING TO THE ASSESSMENT AND COLLECTION OF THE HOSPITAL ASSESSMENT, TO CLARIFY THE PROCEDURE FOR PAYMENT OF THE HOSPITAL ASSESSMENT FOR THE NONFEDERAL SHARE NECESSARY FOR THE MEDICARE UPPER PAYMENT LIMITS (UPL) PROGRAM AND THE DISPROPORTIONATE SHARE HOSPITAL (DSH) PROGRAM; TO AUTHORIZE AND DIRECT THE DIVISION OF MEDICAID TO PROVIDE UP TO 12 MONTHS OF CONTINUOUS COVERAGE POSTPARTUM FOR ANY INDIVIDUAL WHO QUALIFIES FOR MEDICAID AS A PREGNANT WOMAN TO THE EXTENT ALLOWABLE UNDER FEDERAL LAW; TO EXTEND THE AUTOMATIC REPEALER ON THIS SECTION; TO AMEND SECTION 41-7-191, MISSISSIPPI CODE OF 1972, TO DELETE THE MORATORIUM ON THE AUTHORITY OF THE STATE DEPARTMENT OF HEALTH TO ISSUE A HEALTH CARE CERTIFICATE OF NEED FOR THE CONSTRUCTION OR CONVERSION OF CHILD/ADOLESCENT PSYCHIATRIC OR CHEMICAL DEPENDENCY BEDS PARTICIPATING IN THE MEDICAID PROGRAM AND TO DELETE CERTAIN RESTRICTIONS ON MEDICAID REIMBURSEMENT FOR SUCH BEDS; TO AMEND SECTION 41-75-5, MISSISSIPPI CODE OF 1972, TO DELETE THE RESTRICTION ON POST ACUTE RESIDENTIAL BRAIN INJURY REHABILITATION FACILITIES PARTICIPATION IN THE MEDICAID PROGRAM; TO AMEND SECTION 83-9-353, MISSISSIPPI CODE OF 1972, TO DELETE CERTAIN RESTRICTIONS ON REMOTE PATIENT TELEMONITORING SERVICES; AND FOR RELATED PURPOSES."

BE IT FURTHER RESOLVED BY THE SENATE OF THE STATE OF MISSISSIPPI, THE HOUSE OF REPRESENTATIVES CONCURRING THEREIN, That all of the deadlines and other provisions imposed by Joint Rule No. 40 are suspended for the purpose of the further consideration and passage of House Bill No. 1008, 2021 Regular Session, entitled "AN ACT TO AMEND SECTION 43-13-117, MISSISSIPPI CODE OF 1972, TO MAKE VARIOUS TECHNICAL AMENDMENTS AND REVISIONS TO THE MEDICAID SERVICES AND MANAGED CARE PROVISIONS; TO EXTEND THE DATE OF THE REPEALER ON THIS SECTION; TO AMEND SECTION 43-13-145, MISSISSIPPI CODE OF 1972, TO MAKE SEVERAL TECHNICAL AMENDMENTS AND REVISIONS TO THE MEDICAID ASSESSMENT PROVISIONS; TO DELETE THE DATE OF THE REPEALER ON THIS SECTION; TO AMEND SECTIONS 43-13-107 AND 43-13-117.1, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE MEDICAID PROGRAM, TO MAKE SOME MINOR, NONSUBSTANTIVE CHANGES; TO BRING FORWARD SECTIONS 43-13-103, 43-13-105, 43-13-109, 43-13-113, 43-13-116, 43-13-120, 43-13-121, 43-13-123, 43-13-125 AND 43-13-139, MISSISSIPPI CODE OF 1972, WHICH RELATE TO THE MEDICAID PROGRAM, FOR THE PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES."